Item 1C - Page 5
Purchase Orders
September 1, 2022 ‐ September 30, 2022
Number Vendor Name Description Total Department
23000319 Daniels Tire Service Inc Stock Order Tires 11R22.5 Per Estimate 165200 $2,033.67 Fleet Operations 23000321 Palm Springs Motors Vehicle Repair 200517 $2,071.57 Fleet Operations 23000267 Daniels Tire Service Inc Tire For Unit 307505 $2,095.79 Fleet Operations 23000338 Roadline Products Inc USA Maintenance On Stencil Truck Unit 301914 $2,163.15 Fleet Operations 23000393 Palm Springs Motors Pd Patrol Car Repair 209515 $2,301.32 Fleet Operations 23000272 Kincaid Industries Inc Repair 2 Leaking Toilets In Women'S Ex Hallway $2,593.68 Facilities Maintenance 23000358
Kincaid Industries Inc Repair 2 Toilets In Women'S Executive Hallway $2,593.68 Facilities Maintenance 23000310 Compressed Air Specialties Inc Scba Calibration Services $2,629.74 Fire Department 23000403 Precision Technologies Cabling For Fire Station 3, Substation, City Yard $2,677.00 Info Technology 23000407 Waxie Sanitary Supply Black Trash Bags For Downtown $2,688.42 Downtown Parks Maintenance 23000271 Amazon.Com Sales Inc Amazon ‐ Library Zipbooks $3,000.00 Library 23000359 Kincaid Industries Inc Snake The Main Line Leisure Center Tiny Tots $3,126.22 Facilities Maintenance 23000401 Knowledge Ke y Associates Ccna Training For Michael Oberdiear $3,245.14 Info Technology 23000400 Belfor USA Group, Inc. Abatement Services For Unsecure Property $3,356.40 Special Programs Compliance 23000295 Pacific Products And Services LLC Downtown Ped Signs $3,449.28 Streets Maintenance 23000270 Battery Solutions LLC Battery Recycling Containers $3,474.50 Sustainability 23000370 Ecity Transactions LLC Ecity Online Payment Services $3,600.00 Finance Department 23000364 Kincaid Industries Inc Camera Main Line At Leisure Center Mechanical Room $3,634.96 Facilities Maintenance 23000326 Insight Public Sector Inc. Annual Renewal ‐Faroni cs Deep Freeze Cloud Ultimat $3,667.00 Info Technology 23000275 Daniels Tire Service Inc Tires 1E4520 $4,766.61 Fleet Operations 23000340 Jessup Auto Plaza Service On Unit #1P5515 $4,912.91 Fleet Operations 23000325 Climatec LLC Corrective Maintenance Tsa For Fire Station No. 4 $4,975.00 Fa cilities Maintenance 23000306 Inte llimodus LLC Bhs Programming $4,999.00 Aviation Department 23000348 Learn Design Apply Inc Grant Consulting/Management/Writing Services $5,000.00 Info Technology 23000389 Amazon.Com Sales Inc Amazon Blanket Purchase Order For It Department $5,000.00 Info Technology 23000293 Refrigeration Supplies Distributor Rooftop A/C 15000 Btu 115V $5,082.51 Fa cilities Maintenance 23000412 Ferrellgas Lp Propane For Arff Burn Trainings $5,178.45 Fire Department 23000292 Main Street Palm Springs Holiday Banner Prog And Printing ‐ 30Th Annual $5,500.00 Community & Economic Dev. 23000404 Dtps A‐14 LLC Block A" Elevator Maint Services 1/1/23‐12/31/2023 $5,796.38 A/City Manager Admin 23000408 Southern California Fleet Services Inc Fire Pump Repair Unit T442 $5,903.14 Fleet Operations 23000258 Odp Business Solutions Airport Admin Office Furni ture $5,919.48 Aviation Department 23000330 Municipal Emergency Services Inc Ppe ‐ Gloves, Hoods, And Vests $5,993.70 Fire Department 23000386 Grainger Bhs Roller Conveyers $6,101.48 Aviation Department 23000405 Allstar Fire Equipment Inc Structure & Wildland Ppe ‐ Helmets & Gloves $6,123.43 Fire Department 23000379 Isaac Clark Bhs Motor Rebuild $6,700.00 Aviation Department 23000373 Lincoln Aquatics Ada Steps For The Pool $6,717.80 Recreation Department 23000299 A llied Refrigeration Inc Refrigerant R22 And 410A For Various Locations $7,499.67 Facilities Maintenance 23000365 Pub Construction Inc Stucco Walls On City Ya rd Roof To Complete Roofing $7,640. 00 Facilities Maintenance 23000291 Inte lligent Video Solution Replacement Server‐Pspd Interview Rm Camera System $8,738.29 Info Technology 23000382 Professional Asbestos Removal Corporation Lead Bathroom Tile Removal From City Yard Restroom $8,875.00 Facilities Maintenance 23000304 Alpha Petroleum Transport Inc Disposal Of Hazardous Waste Liquids $9,264.38 Aviation Department 23000399 Source Graphics Ink Plotter ‐ Hp Designjet T2600 $9,675.08 Info Technology 23000311 Socal Ppe LLC Ppe Rental Svcs $10,000.00 Fire Department 23000351 Amazon.Com Sales Inc Airport Admin Products $10,000.00 Aviation Department 23000352 Amazon.Com Sales Inc Airport Landside Ops Products $10,000.00 Aviation Department 23000353 Amazon.Com Sales Inc Airport Control Center Products $10,000.00 Aviation Department 23000354 Amazon.Com Sales Inc Airport Terminal Bldg Repair Products $10,000.00 Aviation Department 23000355 Amazon.Com Sales Inc Airport Airside Ops Products $10,000.00 Aviation Department 23000371 Amazon.Com Sales Inc Amazon Orders $10,000.00 Recreation Department 23000390 Data Ticket Inc Parking Citation Processing Services $10,344.00 Special Programs Compliance 23000406 Dooley Enterprises Inc Range Training Ammunition $11,104.72 Police Department 23000398 15000 Inc 15000 Inc ‐ C annabis Odor Consultant $11,112.50 Special Programs Compliance 23000385 Siemens Logistics LLC Bhs Diverter Part $12,000.01 Aviation Department 23000300 Carahsoft Technology Corporation Power And Communications Camera System $12,273.00 Police Department 23000350 Solarcity Corp Operations & Maintenance ‐ Wwtp Solar $14,826.37 A/City Manager Admin 23000384 Everbridge Inc Annual Renewal For Everbridge 7/1/2022 ‐ 6/30/2023 $16,904.94 Info Technology 23000376 Kincaid Industries Inc Water Main Repair $20,000.00 Aviation Department 23000303 Lnrs Data Services Inc. Subscription Airline Database $21,156.96 Aviation Department 23000259 Clean Energy Fuels Purchase Of Natural G as $24,000.00 Facilities Maintenance 23000391 Zoll Medical Corporation Medical Supplies $30,000.00 Fire Department 23000381 Pub Construction Inc Repair Water Damaged Ceiling Through Out City Yard $34,984.00 Facilities Maintenance 23000374 Ied Support Services LLC Psp Paging System Agreement $45,895.00 Aviation Department 23000378 Overdrive Inc Overdrive Renewal For Fiscal Year 2022‐2028 $50,000.00 Library 23000347 Pub Construction Inc Locate And Repair Underground Chilled Water Lines $58,984.75 Facilities Maintenance 23000369 Wise Education Technology, Inc Workforce And Business Development‐Cannabis Equi ty $59,990.00 Special Programs Compliance 23000366 Govos Inc Short‐ Term Rental Compliance Services $67,500.00 Special Programs Compliance 23000377 Core Compliance LLC Grant Administration For Cannabis Equity Program $70,000.00 Special Programs Compliance
Item 1C - Page 6
Purchase Orders
September 1, 2022 - September 30, 2022
Number Vendor Name Description Total Department
23000316 Palm Springs Motors Automotive Parts Stock Order $9.58 Fleet Operations 23000273 Palm Springs Motors Automotive Parts Unit 1A4407 $37.45 Fleet Operations 23000323 Palm Springs Motors Automotive Parts Unit 200614 $51.78 Fleet Operations 23000274 Palm Springs Motors Automotive Parts Unit 1A4407 $61.07 Fleet Operations 23000317 Palm Springs Motors Automotive Parts Stock Order $68.77 Fleet Operations 23000320 Palm Springs Motors Vehicle Repair 2S2818 $70.00 Fleet Operations 23000318 Palm Springs Motors Automotive Parts Unit 205718 $98.22 Fleet Operations 23000307 Leslie's Pool Supplies Inc 12 Foot Rescue Pole For A Shepherd Hook $120.16 Recreation Department 23000387 Grainger Bhs Roller Conveyers $139.00 Aviation Department 23000357 Palm Springs Motors Vehicle Wheel Alignment 207117 $139.95 Fleet Operations 23000288 Daniels Tire Service Inc Tires For Fleet Stock $160.73 Fleet Operations 23000284 Palm Springs Motors Automotive Parts Unit 203514 $160.82 Fleet Operations 23000263 Daniels Tire Service Inc Tires For Unit 500514 $199.23 Fleet Operations 23000362 Valley Lock And Safe Lock Repair At Sunrise Park $200.00 Facilities Maintenance 23000410 Waxie Sanitary Supply Replace Vacuum Hose $200.94 Recreation Department 23000264 Daniels Tire Service Inc Tires For Fleet Stock $203.58 Fleet Operations 23000282 Daniels Tire Service Inc Tires For Fleet Stock $207.89 Fleet Operations 23000262 Daniels Tire Service Inc Tires For Unit 00E412 $212.13 Fleet Operations 23000276 Daniels Tire Service Inc Wheel Alignment 1E4520 $219.00 Fleet Operations 23000279 Palm Springs Motors Automotive Parts Unit 200818 $226.66 Fleet Operations 23000283 Palm Springs Motors Automotive Parts Stock Order $236.70 Fleet Operations 23000324 Daniels Tire Service Inc Tires For Unit 800515 $243.31 Fleet Operations 23000297 Daniels Tire Service Inc Tires For Unit 090217 $259.32 Fleet Operations 23000337 Daniels Tire Service Inc Tire Inventory $275.03 Fleet Operations 23000336 Daniels Tire Service Inc Tires For Inventory $277.85 Fleet Operations 23000413 Downtown Shell Vehicle Detail $290.00 Fleet Operations 23000278 Palm Springs Motors Automotive Parts Unit 203117 $307.84 Fleet Operations 23000394 Daniels Tire Service Inc Tires For Unit 504120 $311.83 Fleet Operations 23000380 Cdw Government Inc Black And White Printer For Building (Inc-617) $317.90 Info Technology 23000332 Black And White Emergency Vehicles Automotive Parts Unit 202921 $364.05 Fleet Operations 23000322 Daniels Tire Service Inc Tire Repair Unit 307505 $365.06 Fleet Operations 23000333 Jessup Auto Plaza Repairs For Chevrolet Volt $380.00 Fleet Operations 23000395 Palm Springs Motors Fleet Parts Order Stock/203014 $411.42 Fleet Operations 23000388 Cdw Government Inc Inc-118 - Printer For Welwood $476.87 Info Technology 23000285 Palm Springs Motors Automotive Parts Unit 203111 $477.17 Fleet Operations 23000315 Daniels Tire Service Inc Tires For Fleet 307505 $500.00 Fleet Operations 23000281 Daniels Tire Service Inc Tires For Unit 060718 $555.71 Fleet Operations 23000312 Palm Springs Motors Service On Unit # 207117 And Unit # 209018 $572.19 Fleet Operations 23000294 Desert Fire Extinguisher Co Inc Annual Fire Extinguisher Maintenance $584.25 Fire Department 23000265 Daniels Tire Service Inc Tires For Fleet Stock $585.28 Fleet Operations 23000334 All Star Glass Windshield Replacement On Unit 1Dc218 $633.56 Facilities Maintenance 23000314 Daniels Tire Service Inc Tires For Fleet Stock $650.00 Fleet Operations 23000356 Palm Springs Motors Stock Brake Pads & Rotors $655.18 Fleet Operations 23000392 Daniels Tire Service Inc Tires For Fleet Stock $690.80 Fleet Operations 23000261 Daniels Tire Service Inc Tires For Fleet Stock $705.84 Fleet Operations 23000363 Valley Lock And Safe Install Closers At Asst. City Manager Area $817.19 Facilities Maintenance 23000289 Daniels Tire Service Inc Tires For Fleet Stock $837.12 Fleet Operations 23000290 Palm Springs Welding Weld Piping Onto Light Fixture And Paint $875.00 Facilities Maintenance 23000396 Daniels Tire Service Inc Tire Purchase $896.40 Fleet Operations 23000260 Kincaid Industries Inc Clear Sewer Line At The Swim Center Pool $1,000.00 Parks Maintenance 23000343 Image Access Inc Annual Maintenance Renewal Pspl - Image Access $1,060.00 Info Technology 23000308 Superior Ready Mix Concrete 8 Yards Of Concrete For City Yard South Gate $1,119.22 Streets Maintenance 23000298 Sc Commercial Oil For Stock $1,128.64 Fleet Operations 23000327 Pacific Medical Waste Collection Of Medical Waste $1,130.09 Police Department 23000329 Nautics Technical Surveillance Annual Renewal For Nautics $1,200.00 Info Technology 23000414 A Good Sign Graphics Co Service For Pspl Daktronics Led Sign $1,235.00 Library 23000349 Daniels Tire Service Inc Tires For Unit # 300117 And Inventory $1,269.76 Fleet Operations 23000339 Sc Commercial 15W40 Oil (Bulk) $1,310.14 Fleet Operations 23000277 Daniels Tire Service Inc Tires For Fleet Stock $1,317.79 Fleet Operations 23000266 Daniels Tire Service Inc Tire For Fleet Stock. $1,330.48 Fleet Operations 23000409 Palm Springs Convention Center Rental Of Sound For Active Shooter Training $1,365.00 Recreation Department 23000411 Demco Inc. Pspl - Library Book Trucks $1,458.34 Library 23000328 Discount Two-Way Radio Corp Radios For Lifeguard Team. $1,518.60 Recreation Department 23000402 Esri Arcgis Enterprise Training For Fernando Alvarez $1,558.00 Info Technology 23000305 Pwlc Ii Inc Labor To Plant Fall Annuals $1,650.00 Aviation Department 23000397 Solomon N Nimako Consulting Services (Gis) $1,650.00 Info Technology 23000345 Greater Palm Springs Pride Wmml Magazine Advertisment $1,800.00 Library 23000335 Superior Ready Mix Concrete Mix Concrete Street Improvements 425 N. Civic Dr. $1,910.11 Streets Maintenance 23000280 Kincaid Industries Inc Plumbing $1,970.26 Facilities Maintenance 23000383 Airgas USA LLC Annual Maintenance Of Nitrogen And Argon $2,000.00 Fire Department
Item 1C - Page 7
Purchase Orders
September 1, 2022 - September 30, 2022
Number Vendor Name Description Total Department
23000319 Daniels Tire Service Inc Stock Order Tires 11R22.5 Per Estimate 165200 $2,033.67 Fleet Operations 23000321 Palm Springs Motors Vehicle Repair 200517 $2,071.57 Fleet Operations 23000267 Daniels Tire Service Inc Tire For Unit 307505 $2,095.79 Fleet Operations 23000338 Roadline Products Inc USA Maintenance On Stencil Truck Unit 301914 $2,163.15 Fleet Operations 23000393 Palm Springs Motors Pd Patrol Car Repair 209515 $2,301.32 Fleet Operations 23000272 Kincaid Industries Inc Repair 2 Leaking Toilets In Women'S Ex Hallway $2,593.68 Facilities Maintenance 23000358 Kincaid Industries Inc Repair 2 Toilets In Women'S Executive Hallway $2,593.68 Facilities Maintenance 23000310 Compressed Air Specialties Inc Scba Calibration Services $2,629.74 Fire Department 23000403 Precision Technologies Cabling For Fire Station 3, Substation, City Yard $2,677.00 Info Technology 23000407 Waxie Sanitary Supply Black Trash Bags For Downtown $2,688.42 Downtown Parks Maintenance 23000271 Amazon.Com Sales Inc Amazon - Library Zipbooks $3,000.00 Library 23000359 Kincaid Industries Inc Snake The Main Line Leisure Center Tiny Tots $3,126.22 Facilities Maintenance 23000401 Knowledge Key Associates Ccna Training For Michael Oberdiear $3,245.14 Info Technology 23000400 Belfor USA Group, Inc. Abatement Services For Unsecure Property $3,356.40 Special Programs Compliance 23000295 Pacific Products And Services LLC Downtown Ped Signs $3,449.28 Streets Maintenance 23000270 Battery Solutions LLC Battery Recycling Containers $3,474.50 Sustainability 23000370 Ecity Transactions LLC Ecity Online Payment Services $3,600.00 Finance Department 23000364 Kincaid Industries Inc Camera Main Line At Leisure Center Mechanical Room $3,634.96 Facilities Maintenance 23000326 Insight Public Sector Inc. Annual Renewal -Faronics Deep Freeze Cloud Ultimat $3,667.00 Info Technology 23000275 Daniels Tire Service Inc Tires 1E4520 $4,766.61 Fleet Operations 23000340 Jessup Auto Plaza Service On Unit #1P5515 $4,912.91 Fleet Operations 23000325 Climatec LLC Corrective Maintenance Tsa For Fire Station No. 4 $4,975.00 Facilities Maintenance 23000306 Intellimodus LLC Bhs Programming $4,999.00 Aviation Department 23000348 Learn Design Apply Inc Grant Consulting/Management/Writing Services $5,000.00 Info Technology 23000389 Amazon.Com Sales Inc Amazon Blanket Purchase Order For It Department $5,000.00 Info Technology 23000293 Refrigeration Supplies Distributor Rooftop A/C 15000 Btu 115V $5,082.51 Facilities Maintenance 23000412 Ferrellgas Lp Propane For Arff Burn Trainings $5,178.45 Fire Department 23000292 Main Street Palm Springs Holiday Banner Prog And Printing - 30Th Annual $5,500.00 Community & Economic Dev. 23000404 Dtps A-14 LLC Block A" Elevator Maint Services 1/1/23-12/31/2023 $5,796.38 A/City Manager Admin 23000408 Southern California Fleet Services Inc Fire Pump Repair Unit T442 $5,903.14 Fleet Operations 23000258 Odp Business Solutions Airport Admin Office Furniture $5,919.48 Aviation Department 23000330 Municipal Emergency Services Inc Ppe - Gloves, Hoods, And Vests $5,993.70 Fire Department 23000386 Grainger Bhs Roller Conveyers $6,101.48 Aviation Department 23000405 Allstar Fire Equipment Inc Structure & Wildland Ppe - Helmets & Gloves $6,123.43 Fire Department 23000379 Isaac Clark Bhs Motor Rebuild $6,700.00 Aviation Department 23000373 Lincoln Aquatics Ada Steps For The Pool $6,717.80 Recreation Department 23000299 Allied Refrigeration Inc Refrigerant R22 And 410A For Various Locations $7,499.67 Facilities Maintenance 23000365 Pub Construction Inc Stucco Walls On City Yard Roof To Complete Roofing $7,640.00 Facilities Maintenance 23000291 Intelligent Video Solution Replacement Server-Pspd Interview Rm Camera System $8,738.29 Info Technology 23000382 Professional Asbestos Removal Corporation Lead Bathroom Tile Removal From City Yard Restroom $8,875.00 Facilities Maintenance 23000304 Alpha Petroleum Transport Inc Disposal Of Hazardous Waste Liquids $9,264.38 Aviation Department 23000399 Source Graphics Ink Plotter - Hp Designjet T2600 $9,675.08 Info Technology 23000311 Socal Ppe LLC Ppe Rental Svcs $10,000.00 Fire Department 23000351 Amazon.Com Sales Inc Airport Admin Products $10,000.00 Aviation Department 23000352 Amazon.Com Sales Inc Airport Landside Ops Products $10,000.00 Aviation Department 23000353 Amazon.Com Sales Inc Airport Control Center Products $10,000.00 Aviation Department 23000354 Amazon.Com Sales Inc Airport Terminal Bldg Repair Products $10,000.00 Aviation Department 23000355 Amazon.Com Sales Inc Airport Airside Ops Products $10,000.00 Aviation Department 23000371 Amazon.Com Sales Inc Amazon Orders $10,000.00 Recreation Department 23000390 Data Ticket Inc Parking Citation Processing Services $10,344.00 Special Programs Compliance 23000406 Dooley Enterprises Inc Range Training Ammunition $11,104.72 Police Department 23000398 15000 Inc 15000 Inc - Cannabis Odor Consultant $11,112.50 Special Programs Compliance 23000385 Siemens Logistics LLC Bhs Diverter Part $12,000.01 Aviation Department 23000300 Carahsoft Technology Corporation Power And Communications Camera System $12,273.00 Police Department 23000350 Solarcity Corp Operations & Maintenance - Wwtp Solar $14,826.37 A/City Manager Admin 23000384 Everbridge Inc Annual Renewal For Everbridge 7/1/2022 - 6/30/2023 $16,904.94 Info Technology 23000376 Kincaid Industries Inc Water Main Repair $20,000.00 Aviation Department 23000303 Lnrs Data Services Inc. Subscription Airline Database $21,156.96 Aviation Department 23000259 Clean Energy Fuels Purchase Of Natural Gas $24,000.00 Facilities Maintenance 23000391 Zoll Medical Corporation Medical Supplies $30,000.00 Fire Department 23000381 Pub Construction Inc Repair Water Damaged Ceiling Through Out City Yard $34,984.00 Facilities Maintenance 23000374 Ied Support Services LLC Psp Paging System Agreement $45,895.00 Aviation Department 23000378 Overdrive Inc Overdrive Renewal For Fiscal Year 2022-2028 $50,000.00 Library 23000347 Pub Construction Inc Locate And Repair Underground Chilled Water Lines $58,984.75 Facilities Maintenance 23000369 Wise Education Technology, Inc Workforce And Business Development-Cannabis Equity $59,990.00 Special Programs Compliance 23000366 Govos Inc Short-Term Rental Compliance Services $67,500.00 Special Programs Compliance 23000377 Core Compliance LLC Grant Administration For Cannabis Equity Program $70,000.00 Special Programs Compliance
Item 1C - Page 8
Agreement Number Vendor Name Description Department Name A9227 Tri Star Contracting II, Inc. Annual Traffic Calming Project for Fiscal Year 2022-23 regarding Eastgate Road speed cushions Engineering Department A9231 Air Exchange, Inc. Plymovent vehicle exhaust extraction system repair services, parts and labor from a licensed contractor Fire Department Item 1C - Page 9
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2
TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
1. Authorize the City Manager to execute all documents necessary to effectuate this action.
2. Attachments
Item 1D
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
FROM: Teresa Gallavan, Interim City Manager
BY: Stephanie George, Director of Human Resources
SUMMARY:
The City Council will consider an amendment to the current fiscal year Allocated Positions and Compensation Plan, which includes the reclassification of 6 positions and the addition of 1 position.
RECOMMENDATION:
1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
2. Authorize the City Manager to execute all documents necessary to effectuate this action.
BACKGROUND:
As part of the ongoing analysis of the organization’s personnel needs, the City Manager planned a three- step approach to reviewing and determining essential and equitable positions throughout the City. The first step was a review of the number of new positions needed, which was presented and approved by Council with the fiscal year 2022- 23 budget. No reclassifications or range adjustments were requested at that time.
The second phase of the plan included a thorough review of current positions and determining appropriate classifications. Compensation surveys and job description analysis were conducted and other options, including reassignment of duties, were considered as part of the review process. Department heads ’ submitted reclassification requests proposed for consideration meet the City’s reclassification guidelines and are necessary for continued successful operations.
Item 1D - Page 1
City Council Staff Report
November 28, 2022 -- Page 2
2022-2023 Allocated Positions and Compensation Plan – Amendment 2
STAFF ANALYSIS:
Library
As part of an ongoing analysis of the City’s job classifications and compensation plan, the Director of Library Services classification was reviewed, and a compensation survey was completed. The position was determined to be under the median market comparable positions by 11%. The department has also taken on additional duties and services, including issuing passports and coordinating more citywide events and community outreach.
As a result, Staff recommends a range adjustment from range EX3 72 to range EX3 76 of the executive salary schedule. This r ange adjustment would result in an annual fully burdened increase of $10,440.
Police
The Police Department is seeking to add a non -sworn Police Services M anager to oversee other non- sworn staff and specific department divisions. The Police Services Manager will coordinate the operations of and manage the Police Department’s Public Safety Dispatch Center, the Records Division, and other assigned civilian staff. These employees are currently managed by sworn Police Department L ieutenants. Several of the functions and responsibilities that will be assigned to the Police Services Manager are currently handled by temporary staff that are quickly running out of available hours to perform these duties. The addition of the Police Services Manager position will promote long-term operational efficiency and enable sworn law enforcement managers to focus on crime prevention and community policing efforts.
Staff recommends creating and adding one Police Services Manager ( MX61). This addition would result in an annual fully burdened cost of $177,700, which is already budgeted for this fiscal year.
Parks & Recreation
The Parks & Recreation Department has been strategically working to better position itself to support the City’s growing parks and recreational needs which cover eleven (11) parks and five (5) building facilities, 7 days a week, and align itself with national best practices in professional parks and recreation management. Over the last few months, the department has been assessing its operations and procedures, and implementing measures to increase administrative efficiencies across its seven cost centers.
The requested changes will help the City support work associated with several multi - faceted capital improvement projects including expansion of Pickleball Courts, development of large and small dog parks, installation of new shade structures for parks and playgrounds, new fencing, new restroom facilities, and improve recreational field lighting, among others.
Item 1D - Page 2
City Council Staff Report
November 28, 2022 -- Page 3
2022-2023 Allocated Positions and Compensation Plan – Amendment 2
Staff recommends the following:
• M erging of the Special Events Manager (MX54) with the Community Center Manager (MX54) to create the more flexible Parks & Recreation Manager (MX 54) position. This change would have no financial impact to the City. • Reclassifying 2 Court Attendant positions (GU21) to the Park Ranger (GU24) position. This change would allow more flexibility and coverage with a minim al annual fully burdened cost of $8,400.
• Reclassifying 1 Recreation Supervisor (MX41) to a Parks & Recreation Manager (MX54) for consistency across each facility. This change would result in an annual fully burdened cost of $35,100.
The total fully burdened cost of the D epartment of Parks & Recreation reorganization is $43,500.
FISCAL IMPACT:
Approval of this amendment will result in a $53,940 annual salary increase and will require an appropriation from General Fund Balance in the current fiscal year.
REVIEWED BY:
Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Proposed Resolution Amendment 2 to Allocated Positions and Compensation Plan B. Amended Allocated Positions and Compensation Plan
C. Amended General Unit Salary Schedule
D. Amended Management Unit Salary Schedule
E. Amended Executive Unit Salary Schedule
Item 1D - Page 3
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2022 -
2023, ADOPTED BY RESOLUTION NO. 25033.
WHEREAS, present facts and historical information as to why the Council will make the findings; and
WHEREAS, present facts and historical information as to why the Council will make the findings; and
WHEREAS, use as many as you need.
THE CITY COUNCIL OF THE CIT Y OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That effective December 11 , 2022, the Allocated Positions and Compensation Plan is hereby amended as follows:
Department Action Classification FTE Unit/Range
Library Range
Adjustment Director of Library Services 1 EX3 72 to
EX3 76
Police Add Police Services Manager 1 MX61
Recreation Reclass Special Events Manager to
Parks & Recreation Manager 1 MX54
Recreation Reclass Community Center Manager to
Parks & Recreation Manager 1 MX54
Recreation Reclass Recreation Supervisor to Parks &
Recreation Manager 1 MX41 to
MX54
Recreation Reclass Court Attendant
Park Ranger 2 GU21 to
GU24
SECTION 2. The Director of Human Resources is authorized and directed to modify the Fiscal Year Allocated Positions Plan and fulfill any meet and confer process(es) in accordance with these changes.
ADOPTED THIS 28TH DAY OF NOVEMBER 2022
.
TERESA GALLAVAN
Item 1D - Page 4
Resolution No. _____
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1D - Page 5
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, MMC
CITY CLERK
Item 1D - Page 6
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan AVIATION 69.00
Airport Administration Section Total 12.00
Executive Director PS International Airport EX3 83 1.00 Assistant Airport Director EX3 72 1.00
Airport Safety Management Systems Manager MX 54 1.00
Associate Planner MX 52 1.00
Executive Program Administrator EX2 52 1.00
Executive Administrative Assistant EX2 45 1.00
Deputy Director of Aviation - Marketing MX 62 1.00
Marketing & Communications Specialist MX 51 1.00
Community Engagement & Legislative Affairs Specialist EX2 54 1.00 Airport Administration Manager MX 61 1.00
Administrative Secretary MX 39 1.00
Account Specialist II G 39 1.00
Control Center Operations Section Total 23.00
Airport Operations Manager MX 56 1.00
Airport Security Supervisor MX 52 1.00
Airport Security Manager MX 56 1.00
Airport Operations Supervisor MX 52 4.00
Airport Operations Specialist II G 46 3.00
Airport Operations Specialist I G 44 13.00
Airport Operations Aide G 34 0.00
Terminal Operations Section Total 34.00
Maintenance Superintendent MX 54 1.00
Maintenance Supervisor MX 51 4.00
Maintenance Technician, Senior G 45 1.00
Maintenance Technician II G 39 3.00
Maintenance Technician I G 35 2.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 17.00
Industrial Technician, Lead G 48 1.00
Industrial Technician G 45 3.00
BUILDING & SAFETY 14.33
Building & Safety Section Total 14.33
Building Official EX2 67 1.00
Plans Examiner Supervisor MX 55 1.00
Building Inspector Supervisor MX 51 1.00
Dept./Section/Classification Unit Range Allocated
Positions
Revised June 30, 2022
Item 1D - Page 7
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Administrative Secretary MX 39 2.00
Plans Examiner G 47 2.00
Building Inspector G 45 4.00
Permit Center Technician G 43 3.33
CITY CLERK 6.00
City Clerk Section Total 6.00
City Clerk EX4 73 1.00
Chief Deputy City Clerk MX 54 1.00
Deputy City Clerk MX 40 2.00
Executive Administrative Assistant EX2 45 1.00
Executive Services Assistant G 28 1.00
CITY COUNCIL 2.00
City Council Section Total 2.00
Executive Assistant Mayor/Council EX2 48 1.00
Executive Administrative Assistant EX2 45 1.00
CITY MANAGER 6.00
City Manager Section Total 4.00
City Manager CM FLAT 1.00
Special Assistant to the City Manager EX2 66 1.00
Executive Services Administrator EX2 48 1.00
Deputy City Manager EX4 84 1.00
Assistant City Manager Section Total 2.00
Assistant City Manager¹ EX4 88 1.00
Executive Program Administrator (Funded in Dev Services) EX2 52 1.00 COMMUNICATIONS 3.00
Communications Section Total 3.00
Chief Communications Officer EX2 64 1.00
Director of Communications EX2 60 1.00
Office of Neighborhoods, Manager EX2 60 1.00
Revised June 30, 2022
Item 1D - Page 8
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
COMMUNITY & ECONOMIC DEVELOPMENT 10.00
Community & Economic Development Section Total 6.72
Deputy City Manager EX4 84 1.00
Director of Community & Economic Development EX3 76 0.27 Administrative Coordinator MX 41 1.00
Community Development Administrator MX 53 0.45
Central Business District Administrator MX 59 0.50
Director of Fund Development EX2 59 1.00
Homeless Outreach Coordinator MX 53 1.00
Housing Services Administrator MX 57 1.00
Redevelopment Coordinator MX 51 0.50
Community Development Block Grant Section Total 0.20
Community Development Administrator MX 53 0.20
CRA Merged Area #1/Merged #1 CAP Successor Section Total 1.43 Director of Community & Economic Development EX3 76 0.43 Central Business District Administrator MX 59 0.50
Redevelopment Coordinator MX 51 0.50
Housing Successor Project Section Total 0.20
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.05
New Housing Section Total 1.15
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.30
Housing Program Assistant G 39 0.70
Rent Control Section Total 0.30
Housing Program Assistant G 39 0.30
ENGINEERING SERVICES 16.33
Engineering Services Section Total 16.33
City Engineer EX3 79 1.00
Administrative Coordinator MX 41 1.00
Civil Engineer, Associate¹ MX 59 2.00
Civil Engineer, Senior¹ (Funded in Wastewater) MX 64 1.00 Civil Engineer, Senior (Funded in Aviation) MX 64 1.00
Engineering Assistant MX 51 1.00
Engineering Assistant, Senior¹ MX 53 1.00
Engineering Associate MX 59 1.00
Public Works Inspector, Senior¹ MX 52 1.00
Revised June 30, 2022
Item 1D - Page 9
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Permit Center Technician¹ G 43 1.33
Principal Engineer MX 66 1.00
Project Manager MX 58 2.00
Public Works Inspector1 G 46 2.00
FINANCE & TREASURY 22.00
Administration & Treasury Section Total 6.00
Director of Finance & Treasurer EX3 82 1.00
Accounting Manager MX 59 1.00
Auditor MX 54 3.00
Executive Administrative Assistant EX2 45 1.00
Accounting & Accounts Receivable Section Total 4.00
Assistant Director of Finance EX3 72 1.00
Accountant MX 51 2.00
Account Specialist II G 39 1.00
Budget, Audit & Revenue Section Total 7.00
Audit & Revenue Supervisor MX 58 1.00
Budget Analyst MX 54 1.00
Budget Manager MX 59 1.00
Account Specialist G 35 1.00
Account Clerk I G 28 1.00
Account Clerk II G 31 2.00
Payroll & Accounts Payable Section Total 5.00
Account Technician, Senior MX 45 1.00
Payroll and Accounting Manager EX2 63 1.00
Payroll Coordinator MX 46 1.00
Account Specialist G 35 2.00
FIRE 90.00
Airport Rescue Firefighting Section Total 9.00
Fire Engineer (includes Paramedic classification) F 45 - 46 9.00 CFD Public Safety Fire Section Total 0.80
Fire Captain (includes Paramedic classification) F 64 - 65 0.80 Fire Administration Section Total 77.70
Fire Battalion Chief FMX 70 4.00
Fire Captain (includes Paramedic classification) F 64 - 65 17.20 Revised June 30, 2022
Item 1D - Page 10
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Fire Chief EX4 89 1.00
Fire Deputy Chief FMX 78 2.00
Fire Engineer (includes Paramedic classification) F 45 - 46 15.00 Firefighter (includes Paramedic classification) F 40 - 41 27.50 Firefighter (overhire) F 40 - 41 1.00
Account Specialist II G 39 1.00
Administrative Assistant MX 45 1.00
Clerical Assistant G 23 1.00
Emergency Management Coordinator MX 53 1.00
Fire Marshal MX 64 1.00
Fire Prevention Specialist G 42 4.00
Plans Examiner II G 54 1.00
Safety Augmentation - Fire Section Total 2.50
Firefighter (includes Paramedic classification) F 40 - 41 2.50 HUMAN RESOURCES 10.00
Employee Benefits Section Total 1.75
Director of Human Resources EX4 76 0.30
Executive Administrative Assistant EX2 45 0.20
Executive Program Administrator EX2 52 0.20
Human Resources Specialist, Senior MX 50 0.45
Human Resources Specialist MX 43 0.60
Human Resources Section Total 3.95
Administrative Secretary MX 39 1.00
Director of Human Resources EX4 76 0.25
Executive Administrative Assistant EX2 45 0.50
Executive Program Administrator EX2 52 0.50
Human Resources Manager EX2 63 1.00
Human Resources Specialist MX 43 0.70
Workers Compensation Section Total 4.30
Director of Human Resources EX4 76 0.45
Executive Administrative Assistant EX2 45 0.30
Executive Program Administrator EX2 52 0.30
Human Resources Specialist MX 43 0.70
Human Resources Specialist, Senior MX 50 1.55
Human Resources Technician G 37 0.00
Occupational Health & Safety Manager EX2 63 1.00
Revised June 30, 2022
Item 1D - Page 11
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
INFORMATION TECHNOLOGY 16.00
Information Technology Section Total 16.00
Director of Information Technology EX3 78 1.00
Assistant Director of Information Technology EX3 72 1.00 Business Systems Analyst MX 52 1.00
GIS Analyst MX 49 1.00
GIS Technician MX 46 1.00
Information Technology Manager MX 67 0.00
Information Technology Network Engineer MX 64 1.00
Information Technology Analyst MX 48 1.00
Network Administrator MX 54 3.00
Information Technology Technician G 46 6.00
LIBRARY 15.25
Library Section Total 15.25
Director of Library Services EX3 76 1.00
Library & Public Services Manager MX 49 1.00
Library Operations & Collections Manager MX 49 1.00
Librarian MX 45 5.50
Library Assistant, Senior G 29 1.00
Library Assistant G 25 5.50
Library Page G 16 0.25
MAINTENANCE & FACILITIES 62.00
Downtown/Uptown Maintenance Section Total 14.00
Maintenance Supervisor MX 51 1.00
Maintenance Worker, Lead G 38 3.00
Maintenance Worker I G 28 10.00
Facilities Maintenance Section Total 19.00
Director of Public Works EX3 79 1.00
Assistant Director of Maintenance & Facilities EX2 63 1.00 Deputy Director of Maintenance & Facilities MX 60 1.00
Maintenance Supervisor MX 51 1.00
Account Clerk II G 31 1.00
Account Specialist II G 39 1.00
Administrative Secretary MX 39 1.00
Cogeneration Technician, Senior G 51 1.00
Revised June 30, 2022
Item 1D - Page 12
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Cogeneration Technician G 41 1.00
Maintenance Electrician HVAC G 45 2.00
Maintenance Electrician HVAC (Funded in Aviation) G 45 2.00 Maintenance Electrician G 45 1.00
Maintenance Electrician (Funded in Aviation) G 45 1.00
Maintenance Mechanic, Senior G 45 1.00
Maintenance Mechanic I - Building G 35 3.00
Fleet Operations Section Total 8.00
Fleet Maintenance Manager MX 58 1.00
Fleet Maintenance Technician III/Service Writer G 45 1.00 Fleet Maintenance Technician III G 42 2.00
Fleet Maintenance Technician II G 39 2.00
Secretary G 29 1.00
Parts & Office Assistant G 26 1.00
Parks Maintenance Section Total 11.00
Maintenance Supervisor MX 51 1.00
Maintenance Mechanic I - Parks G 35 3.00
Maintenance Mechanic, Lead G 38 1.00
Maintenance Worker I G 28 6.00
Street Cleaning Section Total 0.25
Street Maintenance Manager MX 55 0.25
Street Maintenance Section Total 9.75
Street Maintenance Manager MX 55 0.75
Street/Traffic Maint Worker/Senior Heavy Equip Operator G 44 1.00 Street/Traffic Maintenance Worker, Lead G 38 2.00
Street/Traffic Maintenance Worker G 31 6.00
PLANNING SERVICES 11.34
Planning Services Section Total 11.34
Director of Development Services EX3 81 1.00
Director of Planning Services EX3 79 0.00
Assistant Director of Planning EX3 70 1.00
Principal Planner MX 66 2.00
Associate Planner MX 52 3.00
Assistant Planner MX 47 1.00
Administrative Coordinator MX 41 1.00
Administrative Secretary MX 39 1.00
Planning Technician G 41 1.00
Permit Center Technician G 43 0.34
Revised June 30, 2022
Item 1D - Page 13
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
POLICE 161.00
Airport Security Section Total 10.00
Police Officer (Aviation - TSA) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Police Officer (Aviation) (includes Senior & Master Officer classifications) P 46 - 47 7.00 Police Sergeant (Aviation) (includes Sergeant II & III classifications) P 55 - 57 1.00 Animal Services Section Total 3.00
Animal Services Officer G 36 3.00
CFD Public Safety Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 Dispatch Center Section Total 16.00
Dispatcher Supervisor MX 46 2.00
Dispatcher G 40 14.00
Police Administration & Enforcement Section Total 124.00 Police Chief EX4 89 1.00
Executive Program Administrator EX2 52 1.00
Police Captain PMX 73 2.00
Police Lieutenant PMX 66 5.00
Police Sergeant (includes Sergeant II & III classifications) P 55 - 57 15.00 Police Officer (includes Senior & Master Officer classifications) P 45 - 47 69.00 Police Officer (Overhire) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Crime Scene Technician G 44 2.00
Police Services Manager MX 61 1.00
Police Services Supervisor MX 44 1.00
Community Outreach & Media Specialist G 41 1.00
Crime Analyst G 41 2.00
Rangemaster G 41 1.00
Professional Standards Coordinator G 38 1.00
Property Technician G 37 2.00
Community Service Officer G 36 7.00
Police Records Technician G 36 1.00
Account Specialist G 35 1.00
Secretary, Senior G 33 1.00
Police Trainee G 30 0.00
Police Services Officer G 30 8.00
AB109 - Police Section Total 1.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 1.00 Revised June 30, 2022
Item 1D - Page 14
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Jail Transport Operations Section Total 3.00
Jail Transport Officer G 31 3.00
Safety Augmentation - Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 PROCUREMENT & CONTRACTING 3.00
Procurement & Contracting Section Total 3.00
Procurement & Contracting Manager MX 61 1.00
Procurement Specialist II MX 48 1.00
Procurement Specialist II MX 48 1.00
PARKS AND RECREATION 36.25
Demuth Park Family Center Section Total 5.25
Parks and Recreation Manager MX 54 1.00
Recreation Program Assistant G 21 4.25
James O. Jessie DHUC Section Total 6.70
Director of Parks & Recreation EX3 76 0.20
Parks and Recreation Manager MX 54 1.00
Program Coordinator G 35 1.00
Recreation Program Assistant G 21 4.50
Recreation Administration Section Total 16.30
Director of Parks & Recreation EX3 76 0.80
Parks and Recreation Manager MX 54 1.00
Recreation Supervisor MX 41 1.00
Park Ranger G 24 3.00
Program Coordinator² G 35 3.00
Secretary, Senior G 33 1.00
Recreation Program Aide G 24 1.00
Recreation Program Assistant G 21 3.50
Account Clerk I G 28 1.00
Maintenance Worker I G 28 1.00
Swim Center Section Total 8.00
Aquatics Supervisor G 26 1.00
Lifeguard, Lead G 23 1.00
Lifeguard G 20 6.00
Revised June 30, 2022
Item 1D - Page 15
CITY OF PALM SPRINGS 2022 - 2023 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
SPECIAL PROGRAM COMPLIANCE 21.00
Special Program Compliance Section Total 6.00
Director of Special Program Compliance EX2 60 1.00
Account Clerk II G 31 2.00
Account Technician, Senior MX 45 1.00
Administrative Secretary MX 39 1.00
Executive Program Administrator EX2 52 1.00
Code Compliance Section Total 15.00
Code Compliance Officer G 41 12.00
Code Compliance Supervisor MX 53 2.00
Secretary, Senior G 33 1.00
SUSTAINABILITY 3.00
Office of Sustainability Section Total 1.50
Office of Sustainability Director EX2 64 0.25
Program Coordinator G 35 0.25
Sustainability Specialist MX 48 1.00
Recycling Section Total 1.50
Office of Sustainability Director EX2 64 0.75
Program Coordinator G 35 0.75
FY2022-23 Amendment 2 Total Positions 577.50
FY2022-23 Amendment 1 Total Positions 576.50
FY 2022- 23 Total Positions 575.50
FY 2021-22 Amendment 8 Total Positions 524.00
FY 2021-22 Amendment 7 Total Positions 524.00
FY 2021-22 Amendment 6 Total Positions 520.00
FY 2021-22 Amendment 5 Total Positions 520.00
FY 2021-22 Amendment 4 Total Positions 519.00
FY 2021-22 Amendment 3 Total Positions 519.00
FY 2021-22 Amendment 2 Total Positions 517.00
FY 2021-22 Amendment 1 Total Positions 517.00
FY 2021- 22 Total Positions 516.00
CM Denotes City Manager position
EX Denotes exempt positions
F
FMX
G Denotes general unit positions represented by the Public Employees Association of Palm Springs MX Denotes management, professional and confidential positions represented by the Management Association of Palm Springs P
PMX
1 2 Denotes positions funded through Village Fest and Special Events Denotes fire management positions represented by the Palm Springs Fire Management Association Denotes police safety positions represented by the Palm Springs Police Officers' Association Denotes police management positions represented by the Palm Springs Police Management Association Denotes positions partially funded through the Waste Water Treatment Plant Denotes firefighter positions represented by the Palm Springs Firefighters Association Revised June 30, 2022
Item 1D - Page 16
SALARY AND CLASSIFICATION
FY 2022-23
GENERAL UNIT
SCHEDULE
Item 1D - Page 17
GENERAL UNIT
Classifications
FY 2022-23
Position Title Table Range
Account Clerk I G 28
Account Clerk II G 31
Account Specialist I G 35
Account Specialist II G 39
Airport Operations Aide G 34
Airport Operations Specialist I G 44
Airport Operations Specialist II G 46
Animal Services Officer G 36
Building Inspector G 45
Clerical Assistant G 23
Code Compliance Officer G 41
Cogeneration Technician G 41
Cogeneration Technician, Senior G 51
Community Outreach & Media Specialist G 41
Community Service Officer G 36
Crime Analyst G 41
Crime Scene Technician G 44
Dispatcher G 40
Executive Services Assistant G 28
Fire Prevention Specialist G 42
Fleet Maintenance Technician II G 39
Fleet Maintenance Technician III G 42
Fleet Maintenance Technician III/Service Writer G 45
Housing Program Assistant G 39
Human Resources Technician G 37
Industrial Technician, Lead G 48
Information Technology Technician G 46
Jail Transport Officer G 31
Library Assistant G 25
Library Assistant, Senior G 29
Library Page G 16
Lifeguard G 20
Lifeguard, Lead G 23
Maintenance Electrician G 45
Maintenance Electrician (HVAC) G 45
Revised November 28, 2022
Effective December 11, 2022
Item 1D - Page 18
GENERAL UNIT
Classifications
FY 2022-23
Position Title Table Range
Maintenance Mechanic I G 35
Maintenance Mechanic, Lead G 38
Maintenance Mechanic, Senior G 45
Maintenance Technician I G 35
Maintenance Technician II G 39
Maintenance Technician, Senior G 45
Maintenance Worker I G 28
Maintenance Worker, Lead G 38
Park Ranger G 24
Parts & Office Assistant G 26
Parts Specialist G 30
Permit Center Technician G 43
Planning Technician G 41
Plans Examiner G 47
Plans Examiner II G 54
Police Records Technician G 36
Police Services Officer G 30
Police Trainee G 30
Professional Standards Coordinator G 38
Program Coordinator G 35
Property Technician G 37
Public Works Inspector G 46
Rangemaster G 41
Recreation Program Aide G 24
Recreation Program Assistant G 21
Secretary G 29
Secretary, Senior G 33
Street/Traffic Maintenance Worker G 31
Street/Traffic Maintenance Worker, Lead G 38
Street/Traffic Maint. Worker/Senior Heavy Equipment Operator G 44 64TOTAL CLASSIFICATIONS FOR GENERAL UNIT
Revised November 28, 2022
Effective December 11, 2022
Item 1D - Page 19
GENERAL UNIT
Classifications
FY 2022-23
Tier I Tier 2
Bilingual 5% $250
Certification (per MOU)
Notary 5% $100
Master's Degree
2.5%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.
Education or certifications required to meet job requirements are not applicable to receive additional premium pay, unless otherwise specified by MOU.
Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.
All appointments will be made in compliance with California minimum wage laws. 5%
Type
Premium
Revised June 30, 2022
Item 1D - Page 20
FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Hourly $ 15.81 $ 16.58 $ 17.43 $ 18.32 $ 19.24 $ 20.22 $ 21.25 Bi-weekly $ 1,264.62 $ 1,326.46 $ 1,394.31 $ 1,465.85 $ 1,539.23 $ 1,617.23 $ 1,699.85 Monthly $ 2,740 $ 2,874 $ 3,021 $ 3,176 $ 3,335 $ 3,504 $ 3,683 Annual $ 32,880 $ 34,488 $ 36,252 $ 38,112 $ 40,020 $ 42,048 $ 44,196 Hourly $ 16.19 $ 17.01 $ 17.86 $ 18.80 $ 19.73 $ 20.75 $ 21.79 Bi-weekly $ 1,295.54 $ 1,361.08 $ 1,428.92 $ 1,503.69 $ 1,578.00 $ 1,659.69 $ 1,743.23 Monthly $ 2,807 $ 2,949 $ 3,096 $ 3,258 $ 3,419 $ 3,596 $ 3,777 Annual $ 33,684 $ 35,388 $ 37,152 $ 39,096 $ 41,028 $ 43,152 $ 45,324 Hourly $ 16.58 $ 17.43 $ 18.32 $ 19.24 $ 20.22 $ 21.25 $ 22.34 Bi-weekly $ 1,326.46 $ 1,394.31 $ 1,465.85 $ 1,539.23 $ 1,617.23 $ 1,699.85 $ 1,787.08 Monthly $ 2,874 $ 3,021 $ 3,176 $ 3,335 $ 3,504 $ 3,683 $ 3,872 Annual $ 34,488 $ 36,252 $ 38,112 $ 40,020 $ 42,048 $ 44,196 $ 46,464 Hourly $ 17.01 $ 17.86 $ 18.80 $ 19.73 $ 20.75 $ 21.79 $ 22.89 Bi-weekly $ 1,361.08 $ 1,428.92 $ 1,503.69 $ 1,578.00 $ 1,659.69 $ 1,743.23 $ 1,831.38 Monthly $ 2,949 $ 3,096 $ 3,258 $ 3,419 $ 3,596 $ 3,777 $ 3,968 Annual $ 35,388 $ 37,152 $ 39,096 $ 41,028 $ 43,152 $ 45,324 $ 47,616 Hourly $ 17.43 $ 18.32 $ 19.24 $ 20.22 $ 21.25 $ 22.34 $ 23.47 Bi-weekly $ 1,394.31 $ 1,465.85 $ 1,539.23 $ 1,617.23 $ 1,699.85 $ 1,787.08 $ 1,877.54 Monthly $ 3,021 $ 3,176 $ 3,335 $ 3,504 $ 3,683 $ 3,872 $ 4,068 Annual $ 36,252 $ 38,112 $ 40,020 $ 42,048 $ 44,196 $ 46,464 $ 48,816 Hourly $ 17.86 $ 18.80 $ 19.73 $ 20.75 $ 21.79 $ 22.89 $ 24.05 Bi-weekly $ 1,428.92 $ 1,503.69 $ 1,578.00 $ 1,659.69 $ 1,743.23 $ 1,831.38 $ 1,924.15 Monthly $ 3,096 $ 3,258 $ 3,419 $ 3,596 $ 3,777 $ 3,968 $ 4,169 Annual $ 37,152 $ 39,096 $ 41,028 $ 43,152 $ 45,324 $ 47,616 $ 50,028 Hourly $ 18.32 $ 19.24 $ 20.22 $ 21.25 $ 22.34 $ 23.47 $ 24.63 Bi-weekly $ 1,465.85 $ 1,539.23 $ 1,617.23 $ 1,699.85 $ 1,787.08 $ 1,877.54 $ 1,970.77 Monthly $ 3,176 $ 3,335 $ 3,504 $ 3,683 $ 3,872 $ 4,068 $ 4,270 Annual $ 38,112 $ 40,020 $ 42,048 $ 44,196 $ 46,464 $ 48,816 $ 51,240 Hourly $ 18.80 $ 19.73 $ 20.75 $ 21.79 $ 22.89 $ 24.05 $ 25.28 Bi-weekly $ 1,503.69 $ 1,578.00 $ 1,659.69 $ 1,743.23 $ 1,831.38 $ 1,924.15 $ 2,022.00 Monthly $ 3,258 $ 3,419 $ 3,596 $ 3,777 $ 3,968 $ 4,169 $ 4,381 Annual $ 39,096 $ 41,028 $ 43,152 $ 45,324 $ 47,616 $ 50,028 $ 52,572 Hourly $ 19.24 $ 20.22 $ 21.25 $ 22.34 $ 23.47 $ 24.63 $ 25.92 Bi-weekly $ 1,539.23 $ 1,617.23 $ 1,699.85 $ 1,787.08 $ 1,877.54 $ 1,970.77 $ 2,073.23 Monthly $ 3,335 $ 3,504 $ 3,683 $ 3,872 $ 4,068 $ 4,270 $ 4,492 Annual $ 40,020 $ 42,048 $ 44,196 $ 46,464 $ 48,816 $ 51,240 $ 53,904 24 21
19 20
22 23
Effective June 26, 2022
CITY OF PALM SPRINGS
GENERAL UNIT SALARY SCHEDULE (G)
17 18
16 Revised June 30, 2022
Item 1D - Page 21
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FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Effective June 26, 2022
CITY OF PALM SPRINGS
GENERAL UNIT SALARY SCHEDULE (G)
Hourly $ 19.73 $ 20.75 $ 21.79 $ 22.89 $ 24.05 $ 25.28 $ 26.54 Bi-weekly $ 1,578.00 $ 1,659.69 $ 1,743.23 $ 1,831.38 $ 1,924.15 $ 2,022.00 $ 2,123.54 Monthly $ 3,419 $ 3,596 $ 3,777 $ 3,968 $ 4,169 $ 4,381 $ 4,601 Annual $ 41,028 $ 43,152 $ 45,324 $ 47,616 $ 50,028 $ 52,572 $ 55,212 Hourly $ 20.22 $ 21.25 $ 22.34 $ 23.47 $ 24.63 $ 25.92 $ 27.23 Bi-weekly $ 1,617.23 $ 1,699.85 $ 1,787.08 $ 1,877.54 $ 1,970.77 $ 2,073.23 $ 2,178.46 Monthly $ 3,504 $ 3,683 $ 3,872 $ 4,068 $ 4,270 $ 4,492 $ 4,720 Annual $ 42,048 $ 44,196 $ 46,464 $ 48,816 $ 51,240 $ 53,904 $ 56,640 Hourly $ 20.75 $ 21.79 $ 22.89 $ 24.05 $ 25.28 $ 26.54 $ 27.88 Bi-weekly $ 1,659.69 $ 1,743.23 $ 1,831.38 $ 1,924.15 $ 2,022.00 $ 2,123.54 $ 2,230.62 Monthly $ 3,596 $ 3,777 $ 3,968 $ 4,169 $ 4,381 $ 4,601 $ 4,833 Annual $ 43,152 $ 45,324 $ 47,616 $ 50,028 $ 52,572 $ 55,212 $ 57,996 Hourly $ 21.25 $ 22.34 $ 23.47 $ 24.63 $ 25.92 $ 27.23 $ 28.59 Bi-weekly $ 1,699.85 $ 1,787.08 $ 1,877.54 $ 1,970.77 $ 2,073.23 $ 2,178.46 $ 2,287.38 Monthly $ 3,683 $ 3,872 $ 4,068 $ 4,270 $ 4,492 $ 4,720 $ 4,956 Annual $ 44,196 $ 46,464 $ 48,816 $ 51,240 $ 53,904 $ 56,640 $ 59,472 Hourly $ 21.79 $ 22.89 $ 24.05 $ 25.28 $ 26.54 $ 27.88 $ 29.31 Bi-weekly $ 1,743.23 $ 1,831.38 $ 1,924.15 $ 2,022.00 $ 2,123.54 $ 2,230.62 $ 2,344.62 Monthly $ 3,777 $ 3,968 $ 4,169 $ 4,381 $ 4,601 $ 4,833 $ 5,080 Annual $ 45,324 $ 47,616 $ 50,028 $ 52,572 $ 55,212 $ 57,996 $ 60,960 Hourly $ 22.34 $ 23.47 $ 24.63 $ 25.92 $ 27.23 $ 28.59 $ 30.02 Bi-weekly $ 1,787.08 $ 1,877.54 $ 1,970.77 $ 2,073.23 $ 2,178.46 $ 2,287.38 $ 2,401.85 Monthly $ 3,872 $ 4,068 $ 4,270 $ 4,492 $ 4,720 $ 4,956 $ 5,204 Annual $ 46,464 $ 48,816 $ 51,240 $ 53,904 $ 56,640 $ 59,472 $ 62,448 Hourly $ 22.89 $ 24.05 $ 25.28 $ 26.54 $ 27.88 $ 29.31 $ 30.81 Bi-weekly $ 1,831.38 $ 1,924.15 $ 2,022.00 $ 2,123.54 $ 2,230.62 $ 2,344.62 $ 2,464.62 Monthly $ 3,968 $ 4,169 $ 4,381 $ 4,601 $ 4,833 $ 5,080 $ 5,340 Annual $ 47,616 $ 50,028 $ 52,572 $ 55,212 $ 57,996 $ 60,960 $ 64,080 Hourly $ 23.47 $ 24.63 $ 25.92 $ 27.23 $ 28.59 $ 30.02 $ 31.55 Bi-weekly $ 1,877.54 $ 1,970.77 $ 2,073.23 $ 2,178.46 $ 2,287.38 $ 2,401.85 $ 2,524.15 Monthly $ 4,068 $ 4,270 $ 4,492 $ 4,720 $ 4,956 $ 5,204 $ 5,469 Annual $ 48,816 $ 51,240 $ 53,904 $ 56,640 $ 59,472 $ 62,448 $ 65,628 Hourly $ 24.05 $ 25.28 $ 26.54 $ 27.88 $ 29.31 $ 30.81 $ 32.36 Bi-weekly $ 1,924.15 $ 2,022.00 $ 2,123.54 $ 2,230.62 $ 2,344.62 $ 2,464.62 $ 2,588.77 Monthly $ 4,169 $ 4,381 $ 4,601 $ 4,833 $ 5,080 $ 5,340 $ 5,609 Annual $ 50,028 $ 52,572 $ 55,212 $ 57,996 $ 60,960 $ 64,080 $ 67,308 32 25
26 27
28 33
29 30
31 Revised June 30, 2022
Item 1D - Page 22
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FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Effective June 26, 2022
CITY OF PALM SPRINGS
GENERAL UNIT SALARY SCHEDULE (G)
Hourly $ 27.23 $ 25.92 $ 27.23 $ 28.59 $ 30.02 $ 31.55 $ 33.16 Bi-weekly $ 2,178.46 $ 2,073.23 $ 2,178.46 $ 2,287.38 $ 2,401.85 $ 2,524.15 $ 2,652.92 Monthly $ 4,720 $ 4,492 $ 4,720 $ 4,956 $ 5,204 $ 5,469 $ 5,748 Annual $ 56,640 $ 53,904 $ 56,640 $ 59,472 $ 62,448 $ 65,628 $ 68,976 Hourly $ 25.28 $ 26.54 $ 27.88 $ 29.31 $ 30.81 $ 32.36 $ 34.01 Bi-weekly $ 2,022.00 $ 2,123.54 $ 2,230.62 $ 2,344.62 $ 2,464.62 $ 2,588.77 $ 2,720.77 Monthly $ 4,381 $ 4,601 $ 4,833 $ 5,080 $ 5,340 $ 5,609 $ 5,895 Annual $ 52,572 $ 55,212 $ 57,996 $ 60,960 $ 64,080 $ 67,308 $ 70,740 Hourly $ 25.92 $ 27.23 $ 28.59 $ 30.02 $ 31.55 $ 33.16 $ 34.83 Bi-weekly $ 2,073.23 $ 2,178.46 $ 2,287.38 $ 2,401.85 $ 2,524.15 $ 2,652.92 $ 2,786.31 Monthly $ 4,492 $ 4,720 $ 4,956 $ 5,204 $ 5,469 $ 5,748 $ 6,037 Annual $ 53,904 $ 56,640 $ 59,472 $ 62,448 $ 65,628 $ 68,976 $ 72,444 Hourly $ 26.54 $ 27.88 $ 29.31 $ 30.81 $ 32.36 $ 34.01 $ 35.71 Bi-weekly $ 2,123.54 $ 2,230.62 $ 2,344.62 $ 2,464.62 $ 2,588.77 $ 2,720.77 $ 2,856.92 Monthly $ 4,601 $ 4,833 $ 5,080 $ 5,340 $ 5,609 $ 5,895 $ 6,190 Annual $ 55,212 $ 57,996 $ 60,960 $ 64,080 $ 67,308 $ 70,740 $ 74,280 Hourly $ 27.23 $ 28.59 $ 30.02 $ 31.55 $ 33.16 $ 34.83 $ 36.59 Bi-weekly $ 2,178.46 $ 2,287.38 $ 2,401.85 $ 2,524.15 $ 2,652.92 $ 2,786.31 $ 2,927.54 Monthly $ 4,720 $ 4,956 $ 5,204 $ 5,469 $ 5,748 $ 6,037 $ 6,343 Annual $ 56,640 $ 59,472 $ 62,448 $ 65,628 $ 68,976 $ 72,444 $ 76,116 Hourly $ 27.88 $ 29.31 $ 30.81 $ 32.36 $ 34.01 $ 35.71 $ 37.53 Bi-weekly $ 2,230.62 $ 2,344.62 $ 2,464.62 $ 2,588.77 $ 2,720.77 $ 2,856.92 $ 3,002.31 Monthly $ 4,833 $ 5,080 $ 5,340 $ 5,609 $ 5,895 $ 6,190 $ 6,505 Annual $ 57,996 $ 60,960 $ 64,080 $ 67,308 $ 70,740 $ 74,280 $ 78,060 Hourly $ 28.59 $ 30.02 $ 31.55 $ 33.16 $ 34.83 $ 36.59 $ 38.45 Bi-weekly $ 2,287.38 $ 2,401.85 $ 2,524.15 $ 2,652.92 $ 2,786.31 $ 2,927.54 $ 3,075.69 Monthly $ 4,956 $ 5,204 $ 5,469 $ 5,748 $ 6,037 $ 6,343 $ 6,664 Annual $ 59,472 $ 62,448 $ 65,628 $ 68,976 $ 72,444 $ 76,116 $ 79,968 Hourly $ 29.31 $ 30.81 $ 32.36 $ 34.01 $ 35.71 $ 37.53 $ 39.40 Bi-weekly $ 2,344.62 $ 2,464.62 $ 2,588.77 $ 2,720.77 $ 2,856.92 $ 3,002.31 $ 3,152.31 Monthly $ 5,080 $ 5,340 $ 5,609 $ 5,895 $ 6,190 $ 6,505 $ 6,830 Annual $ 60,960 $ 64,080 $ 67,308 $ 70,740 $ 74,280 $ 78,060 $ 81,960 Hourly $ 30.02 $ 31.55 $ 33.16 $ 34.83 $ 36.59 $ 38.45 $ 40.40 Bi-weekly $ 2,401.85 $ 2,524.15 $ 2,652.92 $ 2,786.31 $ 2,927.54 $ 3,075.69 $ 3,231.69 Monthly $ 5,204 $ 5,469 $ 5,748 $ 6,037 $ 6,343 $ 6,664 $ 7,002 Annual $ 62,448 $ 65,628 $ 68,976 $ 72,444 $ 76,116 $ 79,968 $ 84,024 37 38
39 40
41 42
34 35
36 Revised June 30, 2022
Item 1D - Page 23
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FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Effective June 26, 2022
CITY OF PALM SPRINGS
GENERAL UNIT SALARY SCHEDULE (G)
Hourly $ 30.81 $ 32.36 $ 34.01 $ 35.72 $ 37.53 $ 39.42 $ 41.42 Bi-weekly $ 2,464.62 $ 2,588.77 $ 2,720.77 $ 2,857.38 $ 3,002.31 $ 3,153.23 $ 3,313.38 Monthly $ 5,340 $ 5,609 $ 5,895 $ 6,191 $ 6,505 $ 6,832 $ 7,179 Annual $ 64,080 $ 67,308 $ 70,740 $ 74,292 $ 78,060 $ 81,984 $ 86,148 Hourly $ 31.55 $ 33.16 $ 34.83 $ 36.59 $ 38.46 $ 40.40 $ 42.44 Bi-weekly $ 2,524.15 $ 2,652.92 $ 2,786.31 $ 2,927.54 $ 3,076.62 $ 3,231.69 $ 3,395.08 Monthly $ 5,469 $ 5,748 $ 6,037 $ 6,343 $ 6,666 $ 7,002 $ 7,356 Annual $ 65,628 $ 68,976 $ 72,444 $ 76,116 $ 79,992 $ 84,024 $ 88,272 Hourly $ 32.36 $ 34.01 $ 35.72 $ 37.53 $ 39.42 $ 41.42 $ 43.52 Bi-weekly $ 2,588.77 $ 2,720.77 $ 2,857.38 $ 3,002.31 $ 3,153.23 $ 3,313.38 $ 3,481.38 Monthly $ 5,609 $ 5,895 $ 6,191 $ 6,505 $ 6,832 $ 7,179 $ 7,543 Annual $ 67,308 $ 70,740 $ 74,292 $ 78,060 $ 81,984 $ 86,148 $ 90,516 Hourly $ 33.16 $ 34.83 $ 36.59 $ 38.46 $ 40.41 $ 42.44 $ 44.60 Bi-weekly $ 2,652.92 $ 2,786.31 $ 2,927.54 $ 3,076.62 $ 3,232.62 $ 3,395.08 $ 3,568.15 Monthly $ 5,748 $ 6,037 $ 6,343 $ 6,666 $ 7,004 $ 7,356 $ 7,731 Annual $ 68,976 $ 72,444 $ 76,116 $ 79,992 $ 84,048 $ 88,272 $ 92,772 Hourly $ 34.01 $ 35.72 $ 37.54 $ 39.42 $ 41.42 $ 43.52 $ 45.72 Bi-weekly $ 2,720.77 $ 2,857.38 $ 3,003.23 $ 3,153.23 $ 3,313.85 $ 3,481.38 $ 3,657.23 Monthly $ 5,895 $ 6,191 $ 6,507 $ 6,832 $ 7,180 $ 7,543 $ 7,924 Annual $ 70,740 $ 74,292 $ 78,084 $ 81,984 $ 86,160 $ 90,516 $ 95,088 Hourly $ 34.83 $ 36.59 $ 38.46 $ 40.41 $ 42.44 $ 44.60 $ 46.87 Bi-weekly $ 2,786.31 $ 2,927.54 $ 3,076.62 $ 3,232.62 $ 3,395.08 $ 3,568.15 $ 3,749.54 Monthly $ 6,037 $ 6,343 $ 6,666 $ 7,004 $ 7,356 $ 7,731 $ 8,124 Annual $ 72,444 $ 76,116 $ 79,992 $ 84,048 $ 88,272 $ 92,772 $ 97,488 Hourly $ 35.72 $ 37.54 $ 39.42 $ 41.42 $ 43.52 $ 45.72 $ 48.04 Bi-weekly $ 2,857.38 $ 3,003.23 $ 3,153.23 $ 3,313.85 $ 3,481.38 $ 3,657.23 $ 3,843.23 Monthly $ 6,191 $ 6,507 $ 6,832 $ 7,180 $ 7,543 $ 7,924 $ 8,327 Annual $ 74,292 $ 78,084 $ 81,984 $ 86,160 $ 90,516 $ 95,088 $ 99,924 Hourly $ 36.59 $ 38.46 $ 40.41 $ 42.44 $ 44.60 $ 46.87 $ 49.24 Bi-weekly $ 2,927.54 $ 3,076.62 $ 3,232.62 $ 3,395.08 $ 3,568.15 $ 3,749.54 $ 3,939.23 Monthly $ 6,343 $ 6,666 $ 7,004 $ 7,356 $ 7,731 $ 8,124 $ 8,535 Annual $ 76,116 $ 79,992 $ 84,048 $ 88,272 $ 92,772 $ 97,488 $ 102,420 Hourly $ 37.54 $ 39.42 $ 41.42 $ 43.52 $ 45.72 $ 48.04 $ 50.43 Bi-weekly $ 3,003.23 $ 3,153.23 $ 3,313.85 $ 3,481.38 $ 3,657.23 $ 3,843.23 $ 4,034.77 Monthly $ 6,507 $ 6,832 $ 7,180 $ 7,543 $ 7,924 $ 8,327 $ 8,742 Annual $ 78,084 $ 81,984 $ 86,160 $ 90,516 $ 95,088 $ 99,924 $ 104,904 51 44
45 43
46 47
48 49
50 Revised June 30, 2022
Item 1D - Page 24
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FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Effective June 26, 2022
CITY OF PALM SPRINGS
GENERAL UNIT SALARY SCHEDULE (G)
Hourly $ 38.46 $ 40.41 $ 42.44 $ 44.60 $ 46.87 $ 49.24 $ 51.70 Bi-weekly $ 3,076.62 $ 3,232.62 $ 3,395.08 $ 3,568.15 $ 3,749.54 $ 3,939.23 $ 4,135.85 Monthly $ 6,666 $ 7,004 $ 7,356 $ 7,731 $ 8,124 $ 8,535 $ 8,961 Annual $ 79,992 $ 84,048 $ 88,272 $ 92,772 $ 97,488 $ 102,420 $ 107,532 Hourly $ 39.42 $ 41.42 $ 43.52 $ 45.72 $ 48.04 $ 50.43 $ 52.95 Bi-weekly $ 3,153.23 $ 3,313.85 $ 3,481.38 $ 3,657.23 $ 3,843.23 $ 4,034.77 $ 4,236.00 Monthly $ 6,832 $ 7,180 $ 7,543 $ 7,924 $ 8,327 $ 8,742 $ 9,178 Annual $ 81,984 $ 86,160 $ 90,516 $ 95,088 $ 99,924 $ 104,904 $ 110,136 Hourly $ 40.41 $ 42.44 $ 44.60 $ 46.87 $ 49.24 $ 51.70 $ 54.28 Bi-weekly $ 3,232.62 $ 3,395.08 $ 3,568.15 $ 3,749.54 $ 3,939.23 $ 4,135.85 $ 4,342.15 Monthly $ 7,004 $ 7,356 $ 7,731 $ 8,124 $ 8,535 $ 8,961 $ 9,408 Annual $ 84,048 $ 88,272 $ 92,772 $ 97,488 $ 102,420 $ 107,532 $ 112,896 Hourly $ 41.42 $ 43.52 $ 45.72 $ 48.04 $ 50.43 $ 52.95 $ 55.59 Bi-weekly $ 3,313.85 $ 3,481.38 $ 3,657.23 $ 3,843.23 $ 4,034.77 $ 4,236.00 $ 4,447.38 Monthly $ 7,180 $ 7,543 $ 7,924 $ 8,327 $ 8,742 $ 9,178 $ 9,636 Annual $ 86,160 $ 90,516 $ 95,088 $ 99,924 $ 104,904 $ 110,136 $ 115,632 Hourly $ 42.44 $ 44.60 $ 46.87 $ 49.24 $ 51.70 $ 54.28 $ 57.00 Bi-weekly $ 3,395.08 $ 3,568.15 $ 3,749.54 $ 3,939.23 $ 4,135.85 $ 4,342.15 $ 4,560.00 Monthly $ 7,356 $ 7,731 $ 8,124 $ 8,535 $ 8,961 $ 9,408 $ 9,880 Annual $ 88,272 $ 92,772 $ 97,488 $ 102,420 $ 107,532 $ 112,896 $ 118,560 53 54
55 56
52 Revised June 30, 2022
Item 1D - Page 25
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SALARY AND CLASSIFICATION
FY 2022-23
MANAGEMENT
SCHEDULE
Item 1D - Page 26
MANAGEMENT UNIT
Classifications
FY 2022-23
Table Range
MX 51
Accounting Manager MX 59
MX 45
MX 45
MX 41
MX 39
MX 61
MX 56
MX 52
MX 56
Airport Security Supervisor MX 52
Aquatics Supervisor MX 28
MX 47
MX 52
MX 58
Auditor MX 54
Aviation Security Supervisor MX 52
MX 54
Budget Manager MX 59
MX 51
Business Systems Analyst MX 52
MX 59
MX 54
MX 59
MX 64
Code Compliance Supervisor MX 53
MX 53
MX 40
MX 62
Deputy Director of Maintenance and Facilities MX 60
Dispatch Supervisor MX 46
MX 53
MX 51
MX 53
MX 59
Fire Marshal MX 64
MX 58
Position Title
Accountant
Administrative Assistant
Administrative Coordinator
Airport Administration Manager
Assistant Planner
Associate Planner
Administrative Secretary
Account Technician, Senior
Audit & Revenue Supervisor
Airport Operations Manager
Airport Operations Supervisor
Airport Security Manager
Central Business District Administrator
Budget Analyst
Engineering Assistant, Senior
Engineering Assistant
Engineering Associate
Building Inspector Supervisor
Chief Deputy City Clerk
Community Development Administrator
Deputy Director of Aviation - Marketing
Deputy City Clerk
Civil Engineer, Associate
Civil Engineer, Senior
Fleet Maintenance Manager
Emergency Management Coordinator
Revised November 28, 2022
Effective December 11, 2022
Item 1D - Page 27
MANAGEMENT UNIT
Classifications
FY 2022-23
Table RangePosition Title
GIS Analyst MX 49
GIS Technician MX 46
Homeless Outreach Coordinator MX 53
MX 57
MX 43
MX 50
MX 48
MX 67
MX 64
MX 45
MX 49
MX 49
Maintenance Superintendent MX 54
MX 51
Manager, Airport Safety Management Systems MX 54
Marketing and Communications Specialist MX 51
MX 54
Parks & Recreation Manager MX 54
MX 46
Plans Examiner Supervisor MX 55
Police Services Manager MX 61
Police Services Supervisor MX 44
MX 66
MX 66
MX 61
MX 43
MX 48
Project Manager MX 58
MX 52
Recreation Supervisor MX 41
MX 51
MX 55
MX 48
70 Human Resources Specialist, Senior
Human Resources Specialist
Housing Services Administrator
Street Maintenance Manager
TOTAL CLASSIFICATIONS FOR MAPS
Procurement Specialist II
Redevelopment Coordinator
Public Works Inspector, Senior
Sustainability Specialist
Library Operations & Collections Manager
Maintenance Supervisor
Procurement & Contracting Manager
Procurement Specialist I
Network Administrator
Principal Planner
Payroll Coordinator
Principal Engineer
Information Technology Analyst
Information Technology Manager
Information Technology Network Engineer
Librarian
Library & Public Services Manager
Revised November 28, 2022
Effective December 11, 2022
Item 1D - Page 28
MANAGEMENT UNIT
Certification Key
FY 2022-23
Tier I Tier II
Master's Degree
Bilingual (Speaking and Listening) 2.5% $125
Bilingual (Writing) 2.5% $125
Notary 5% $100
Professional License/Certification
Premium
5%
5%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.
Education or certifications required to meet job requirements are not applicable to receive additional premium pay, unless otherwise specified by MOU.
Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.
Type
Effective: June 26, 2022
Item 1D - Page 29
FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Hourly $ 20.83 $ 21.87 $ 22.96 $ 24.12 $ 25.32 $ 26.58 $ 27.91 Bi-weekly $ 1,666.15 $ 1,749.23 $ 1,836.92 $ 1,929.23 $ 2,025.23 $ 2,126.77 $ 2,232.92 Monthly $ 3,610 $ 3,790 $ 3,980 $ 4,180 $ 4,388 $ 4,608 $ 4,838 Annual $ 43,320 $ 45,480 $ 47,760 $ 50,160 $ 52,656 $ 55,296 $ 58,056 Hourly $ 28.18 $ 29.63 $ 31.10 $ 32.71 $ 34.34 $ 36.09 $ 37.91 Bi-weekly $ 2,254.15 $ 2,370.00 $ 2,488.15 $ 2,616.46 $ 2,747.08 $ 2,886.92 $ 3,032.77 Monthly $ 4,884 $ 5,135 $ 5,391 $ 5,669 $ 5,952 $ 6,255 $ 6,571 Annual $ 58,608 $ 61,620 $ 64,692 $ 68,028 $ 71,424 $ 75,060 $ 78,852 Hourly $ 28.86 $ 30.33 $ 31.88 $ 33.51 $ 35.20 $ 36.97 $ 38.84 Bi-weekly $ 2,309.08 $ 2,426.31 $ 2,550.46 $ 2,680.62 $ 2,815.85 $ 2,957.54 $ 3,107.08 Monthly $ 5,003 $ 5,257 $ 5,526 $ 5,808 $ 6,101 $ 6,408 $ 6,732 Annual $ 60,036 $ 63,084 $ 66,312 $ 69,696 $ 73,212 $ 76,896 $ 80,784 Hourly $ 29.63 $ 31.10 $ 32.71 $ 34.34 $ 36.09 $ 37.91 $ 39.82 Bi-weekly $ 2,370.00 $ 2,488.15 $ 2,616.46 $ 2,747.08 $ 2,886.92 $ 3,032.77 $ 3,185.54 Monthly $ 5,135 $ 5,391 $ 5,669 $ 5,952 $ 6,255 $ 6,571 $ 6,902 Annual $ 61,620 $ 64,692 $ 68,028 $ 71,424 $ 75,060 $ 78,852 $ 82,824 Hourly $ 30.33 $ 31.88 $ 33.51 $ 35.20 $ 36.97 $ 38.84 $ 40.83 Bi-weekly $ 2,426.31 $ 2,550.46 $ 2,680.62 $ 2,815.85 $ 2,957.54 $ 3,107.08 $ 3,266.77 Monthly $ 5,257 $ 5,526 $ 5,808 $ 6,101 $ 6,408 $ 6,732 $ 7,078 Annual $ 63,084 $ 66,312 $ 69,696 $ 73,212 $ 76,896 $ 80,784 $ 84,936 Hourly $ 31.10 $ 32.71 $ 34.34 $ 36.09 $ 37.91 $ 39.82 $ 41.86 Bi-weekly $ 2,488.15 $ 2,616.46 $ 2,747.08 $ 2,886.92 $ 3,032.77 $ 3,185.54 $ 3,348.46 Monthly $ 5,391 $ 5,669 $ 5,952 $ 6,255 $ 6,571 $ 6,902 $ 7,255 Annual $ 64,692 $ 68,028 $ 71,424 $ 75,060 $ 78,852 $ 82,824 $ 87,060 Hourly $ 31.88 $ 33.51 $ 35.20 $ 36.97 $ 38.84 $ 40.83 $ 42.89 Bi-weekly $ 2,550.46 $ 2,680.62 $ 2,815.85 $ 2,957.54 $ 3,107.08 $ 3,266.77 $ 3,431.08 Monthly $ 5,526 $ 5,808 $ 6,101 $ 6,408 $ 6,732 $ 7,078 $ 7,434 Annual $ 66,312 $ 69,696 $ 73,212 $ 76,896 $ 80,784 $ 84,936 $ 89,208 Hourly $ 32.71 $ 34.34 $ 36.09 $ 37.91 $ 39.82 $ 41.86 $ 43.94 Bi-weekly $ 2,616.46 $ 2,747.08 $ 2,886.92 $ 3,032.77 $ 3,185.54 $ 3,348.46 $ 3,515.54 Monthly $ 5,669 $ 5,952 $ 6,255 $ 6,571 $ 6,902 $ 7,255 $ 7,617 Annual $ 68,028 $ 71,424 $ 75,060 $ 78,852 $ 82,824 $ 87,060 $ 91,404 Hourly $ 33.51 $ 35.20 $ 36.97 $ 38.84 $ 40.83 $ 42.89 $ 45.05 Bi-weekly $ 2,680.62 $ 2,815.85 $ 2,957.54 $ 3,107.08 $ 3,266.77 $ 3,431.08 $ 3,604.15 Monthly $ 5,808 $ 6,101 $ 6,408 $ 6,732 $ 7,078 $ 7,434 $ 7,809 Annual $ 69,696 $ 73,212 $ 76,896 $ 80,784 $ 84,936 $ 89,208 $ 93,708
CITY OF PALM SPRINGS
MANAGEMENT UNIT SALARY SCHEDULE (MX)
28 39
40 41
42 43
44 45
46 Effective June 26, 2022
Item 1D - Page 30
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
MANAGEMENT UNIT SALARY SCHEDULE (MX)
Hourly $ 34.34 $ 36.09 $ 37.91 $ 39.82 $ 41.86 $ 43.94 $ 46.18 Bi-weekly $ 2,747.08 $ 2,886.92 $ 3,032.77 $ 3,185.54 $ 3,348.46 $ 3,515.54 $ 3,694.62 Monthly $ 5,952 $ 6,255 $ 6,571 $ 6,902 $ 7,255 $ 7,617 $ 8,005 Annual $ 71,424 $ 75,060 $ 78,852 $ 82,824 $ 87,060 $ 91,404 $ 96,060 Hourly $ 35.20 $ 36.97 $ 38.84 $ 40.83 $ 42.89 $ 45.05 $ 47.34 Bi-weekly $ 2,815.85 $ 2,957.54 $ 3,107.08 $ 3,266.77 $ 3,431.08 $ 3,604.15 $ 3,786.92 Monthly $ 6,101 $ 6,408 $ 6,732 $ 7,078 $ 7,434 $ 7,809 $ 8,205 Annual $ 73,212 $ 76,896 $ 80,784 $ 84,936 $ 89,208 $ 93,708 $ 98,460 Hourly $ 36.09 $ 37.91 $ 39.82 $ 41.86 $ 43.94 $ 46.18 $ 48.51 Bi-weekly $ 2,886.92 $ 3,032.77 $ 3,185.54 $ 3,348.46 $ 3,515.54 $ 3,694.62 $ 3,881.08 Monthly $ 6,255 $ 6,571 $ 6,902 $ 7,255 $ 7,617 $ 8,005 $ 8,409 Annual $ 75,060 $ 78,852 $ 82,824 $ 87,060 $ 91,404 $ 96,060 $ 100,908 Hourly $ 36.97 $ 38.84 $ 40.83 $ 42.89 $ 45.05 $ 47.34 $ 49.74 Bi-weekly $ 2,957.54 $ 3,107.08 $ 3,266.77 $ 3,431.08 $ 3,604.15 $ 3,786.92 $ 3,978.92 Monthly $ 6,408 $ 6,732 $ 7,078 $ 7,434 $ 7,809 $ 8,205 $ 8,621 Annual $ 76,896 $ 80,784 $ 84,936 $ 89,208 $ 93,708 $ 98,460 $ 103,452 Hourly $ 37.91 $ 39.82 $ 41.86 $ 43.94 $ 46.18 $ 48.51 $ 50.96 Bi-weekly $ 3,032.77 $ 3,185.54 $ 3,348.46 $ 3,515.54 $ 3,694.62 $ 3,881.08 $ 4,076.77 Monthly $ 6,571 $ 6,902 $ 7,255 $ 7,617 $ 8,005 $ 8,409 $ 8,833 Annual $ 78,852 $ 82,824 $ 87,060 $ 91,404 $ 96,060 $ 100,908 $ 105,996 Hourly $ 38.84 $ 40.83 $ 42.89 $ 45.05 $ 47.34 $ 49.74 $ 52.26 Bi-weekly $ 3,107.08 $ 3,266.77 $ 3,431.08 $ 3,604.15 $ 3,786.92 $ 3,978.92 $ 4,181.08 Monthly $ 6,732 $ 7,078 $ 7,434 $ 7,809 $ 8,205 $ 8,621 $ 9,059 Annual $ 80,784 $ 84,936 $ 89,208 $ 93,708 $ 98,460 $ 103,452 $ 108,708 Hourly $ 39.82 $ 41.86 $ 43.94 $ 46.18 $ 48.51 $ 50.96 $ 53.56 Bi-weekly $ 3,185.54 $ 3,348.46 $ 3,515.54 $ 3,694.62 $ 3,881.08 $ 4,076.77 $ 4,284.92 Monthly $ 6,902 $ 7,255 $ 7,617 $ 8,005 $ 8,409 $ 8,833 $ 9,284 Annual $ 82,824 $ 87,060 $ 91,404 $ 96,060 $ 100,908 $ 105,996 $ 111,408 Hourly $ 40.83 $ 42.89 $ 45.05 $ 47.34 $ 49.74 $ 52.26 $ 54.93 Bi-weekly $ 3,266.77 $ 3,431.08 $ 3,604.15 $ 3,786.92 $ 3,978.92 $ 4,181.08 $ 4,394.31 Monthly $ 7,078 $ 7,434 $ 7,809 $ 8,205 $ 8,621 $ 9,059 $ 9,521 Annual $ 84,936 $ 89,208 $ 93,708 $ 98,460 $ 103,452 $ 108,708 $ 114,252 Hourly $ 41.86 $ 43.94 $ 46.18 $ 48.51 $ 50.96 $ 53.56 $ 56.28 Bi-weekly $ 3,348.46 $ 3,515.54 $ 3,694.62 $ 3,881.08 $ 4,076.77 $ 4,284.92 $ 4,502.77 Monthly $ 7,255 $ 7,617 $ 8,005 $ 8,409 $ 8,833 $ 9,284 $ 9,756 Annual $ 87,060 $ 91,404 $ 96,060 $ 100,908 $ 105,996 $ 111,408 $ 117,072 47 48
49 50
51 52
53 54
55 Effective June 26, 2022
Item 1D - Page 31
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
MANAGEMENT UNIT SALARY SCHEDULE (MX)
Hourly $ 42.89 $ 45.05 $ 47.34 $ 49.74 $ 52.26 $ 54.93 $ 57.69 Bi-weekly $ 3,431.08 $ 3,604.15 $ 3,786.92 $ 3,978.92 $ 4,181.08 $ 4,394.31 $ 4,614.92 Monthly $ 7,434 $ 7,809 $ 8,205 $ 8,621 $ 9,059 $ 9,521 $ 9,999 Annual $ 89,208 $ 93,708 $ 98,460 $ 103,452 $ 108,708 $ 114,252 $ 119,988 Hourly $ 43.94 $ 46.18 $ 48.51 $ 50.96 $ 53.56 $ 56.28 $ 59.11 Bi-weekly $ 3,515.54 $ 3,694.62 $ 3,881.08 $ 4,076.77 $ 4,284.92 $ 4,502.77 $ 4,728.46 Monthly $ 7,617 $ 8,005 $ 8,409 $ 8,833 $ 9,284 $ 9,756 $ 10,245 Annual $ 91,404 $ 96,060 $ 100,908 $ 105,996 $ 111,408 $ 117,072 $ 122,940 Hourly $ 45.05 $ 47.34 $ 49.74 $ 52.26 $ 54.93 $ 57.69 $ 60.58 Bi-weekly $ 3,604.15 $ 3,786.92 $ 3,978.92 $ 4,181.08 $ 4,394.31 $ 4,614.92 $ 4,846.62 Monthly $ 7,809 $ 8,205 $ 8,621 $ 9,059 $ 9,521 $ 9,999 $ 10,501 Annual $ 93,708 $ 98,460 $ 103,452 $ 108,708 $ 114,252 $ 119,988 $ 126,012 Hourly $ 46.18 $ 48.51 $ 50.96 $ 53.56 $ 56.28 $ 59.11 $ 62.10 Bi-weekly $ 3,694.62 $ 3,881.08 $ 4,076.77 $ 4,284.92 $ 4,502.77 $ 4,728.46 $ 4,968.00 Monthly $ 8,005 $ 8,409 $ 8,833 $ 9,284 $ 9,756 $ 10,245 $ 10,764 Annual $ 96,060 $ 100,908 $ 105,996 $ 111,408 $ 117,072 $ 122,940 $ 129,168 Hourly $ 47.34 $ 49.74 $ 52.26 $ 54.93 $ 57.69 $ 60.58 $ 63.65 Bi-weekly $ 3,786.92 $ 3,978.92 $ 4,181.08 $ 4,394.31 $ 4,614.92 $ 4,846.62 $ 5,092.15 Monthly $ 8,205 $ 8,621 $ 9,059 $ 9,521 $ 9,999 $ 10,501 $ 11,033 Annual $ 98,460 $ 103,452 $ 108,708 $ 114,252 $ 119,988 $ 126,012 $ 132,396 Hourly $ 48.51 $ 50.96 $ 53.56 $ 56.28 $ 59.11 $ 62.10 $ 65.26 Bi-weekly $ 3,881.08 $ 4,076.77 $ 4,284.92 $ 4,502.77 $ 4,728.46 $ 4,968.00 $ 5,220.46 Monthly $ 8,409 $ 8,833 $ 9,284 $ 9,756 $ 10,245 $ 10,764 $ 11,311 Annual $ 100,908 $ 105,996 $ 111,408 $ 117,072 $ 122,940 $ 129,168 $ 135,732 Hourly $ 49.74 $ 52.26 $ 54.93 $ 57.69 $ 60.58 $ 63.65 $ 66.88 Bi-weekly $ 3,978.92 $ 4,181.08 $ 4,394.31 $ 4,614.92 $ 4,846.62 $ 5,092.15 $ 5,350.62 Monthly $ 8,621 $ 9,059 $ 9,521 $ 9,999 $ 10,501 $ 11,033 $ 11,593 Annual $ 103,452 $ 108,708 $ 114,252 $ 119,988 $ 126,012 $ 132,396 $ 139,116 Hourly $ 50.96 $ 53.56 $ 56.28 $ 59.11 $ 62.10 $ 65.26 $ 68.55 Bi-weekly $ 4,076.77 $ 4,284.92 $ 4,502.77 $ 4,728.46 $ 4,968.00 $ 5,220.46 $ 5,484.00 Monthly $ 8,833 $ 9,284 $ 9,756 $ 10,245 $ 10,764 $ 11,311 $ 11,882 Annual $ 105,996 $ 111,408 $ 117,072 $ 122,940 $ 129,168 $ 135,732 $ 142,584 Hourly $ 52.26 $ 54.93 $ 57.69 $ 60.58 $ 63.65 $ 66.88 $ 70.29 Bi-weekly $ 4,181.08 $ 4,394.31 $ 4,614.92 $ 4,846.62 $ 5,092.15 $ 5,350.62 $ 5,623.38 Monthly $ 9,059 $ 9,521 $ 9,999 $ 10,501 $ 11,033 $ 11,593 $ 12,184 Annual $ 108,708 $ 114,252 $ 119,988 $ 126,012 $ 132,396 $ 139,116 $ 146,208 59 56
57 58
60 61
62 63
64 Effective June 26, 2022
Item 1D - Page 32
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
MANAGEMENT UNIT SALARY SCHEDULE (MX)
Hourly $ 53.56 $ 56.28 $ 59.11 $ 62.10 $ 65.26 $ 68.55 $ 72.03 Bi-weekly $ 4,284.92 $ 4,502.77 $ 4,728.46 $ 4,968.00 $ 5,220.46 $ 5,484.00 $ 5,762.77 Monthly $ 9,284 $ 9,756 $ 10,245 $ 10,764 $ 11,311 $ 11,882 $ 12,486 Annual $ 111,408 $ 117,072 $ 122,940 $ 129,168 $ 135,732 $ 142,584 $ 149,832 Hourly $ 54.93 $ 57.69 $ 60.58 $ 63.65 $ 5.86 $ 70.29 $ 73.82 Bi-weekly $ 4,394.31 $ 4,614.92 $ 4,846.62 $ 5,092.15 $ 468.62 $ 5,623.38 $ 5,905.38 Monthly $ 9,521 $ 9,999 $ 10,501 $ 11,033 $ 11,593 $ 12,184 $ 12,795 Annual $ 114,252 $ 119,988 $ 126,012 $ 132,396 $ 12,184 $ 146,208 $ 153,540 Hourly $ 56.28 $ 59.11 $ 62.10 $ 65.26 $ 68.55 $ 72.03 $ 75.63 Bi-weekly $ 4,502.77 $ 4,728.46 $ 4,968.00 $ 5,220.46 $ 5,484.00 $ 5,762.77 $ 6,050.77 Monthly $ 9,756 $ 10,245 $ 10,764 $ 11,311 $ 11,882 $ 12,486 $ 13,110 Annual $ 117,072 $ 122,940 $ 129,168 $ 135,732 $ 142,584 $ 149,832 $ 157,320 66 67
65 Effective June 26, 2022
Item 1D - Page 33
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SALARY AND CLASSIFICATION
SCHEDULE
EXECUTIVE AND ELECTED
FY 2022-23
Item 1D - Page 34
EXECUTIVE AND ELECTED
Classifications
(EX2, EX3, EX4, CM/EO)
FY 2022-23
Position Title Table Range
Assistant Director of Maintenance & Facilities EX2 63
Building Official EX2 67
Chief Communications Officer EX2 64
Community Engagement & Legislative Affairs Specialist EX2 54 Director of Communications EX2 60
Director of Fund Development EX2 59
Director of Special Program Compliance EX2 60
Director, Office of Sustainability EX2 64
Executive Administrative Assistant EX2 45
Executive Assistant Mayor/Council EX2 48
Executive Program Administrator EX2 52
Executive Services Administrator EX2 48
Human Resources Manager EX2 63
Occupational Health and Safety Manager EX2 63
Office of Neighborhoods, Manager EX2 60
Payroll and Accounting Manager EX2 63
Special Assistant to the City Manager EX2 66
Assistant Airport Director EX3 72
Assistant Director of Finance EX3 72
Assistant Director of Information Technology EX3 72
Assistant Director of Planning EX3 70
City Engineer EX3 79
Director of Community & Economic Development EX3 76
Director of Development Services EX3 81
Director of Finance & Treasurer EX3 82
Director of Information Technology EX3 78
Director of Library Services EX3 76
Director of Parks & Recreation EX3 76
Director of Planning Services EX3 79
Director of Public Works EX3 79
Executive Director Palm Springs International Airport EX3 83 Assistant City Manager EX4 88
City Clerk EX4 73
Deputy City Manager EX4 84
Director of Human Resources EX4 76
Fire Chief EX4 89
Police Chief EX4 89
City Manager CM/EO See Table
Elected Official - Mayor CM/EO See Table
Elected Official - City Councilmember CM/EO See Table
Revised November 28, 2022
Effective December 11, 2022
Item 1D - Page 35
EXECUTIVE
Certification Key
FY 2022-23
Type
Master's Degree
Bilingual (Speaking and Listening) 2.5% $125
Bilingual (Writing) 2.5% $125
Notary 5.0% $100
Professional License or Certification
Premium
5.0%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.
Education, licenses, or certifications required to meet job requirements are not applicable to receive additional premium pay.
Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.
5.0%
Effective June 26, 2022
Item 1D - Page 36
FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Hourly $ 31.48 $ 33.05 $ 34.71 $ 36.45 $ 38.27 $ 40.23 $ 42.24 Bi-weekly $ 2,518.15 $ 2,644.15 $ 2,776.62 $ 2,916.00 $ 3,061.38 $ 3,218.77 $ 3,378.92 Monthly $ 5,456 $ 5,729 $ 6,016 $ 6,318 $ 6,633 $ 6,974 $ 7,321 Annual $ 65,472 $ 68,748 $ 72,192 $ 75,816 $ 79,596 $ 83,688 $ 87,852 Hourly $ 32.24 $ 33.85 $ 35.55 $ 37.32 $ 39.25 $ 41.21 $ 43.30 Bi-weekly $ 2,579.08 $ 2,707.85 $ 2,844.00 $ 2,985.69 $ 3,139.85 $ 3,296.77 $ 3,463.85 Monthly $ 5,588 $ 5,867 $ 6,162 $ 6,469 $ 6,803 $ 7,143 $ 7,505 Annual $ 67,056 $ 70,404 $ 73,944 $ 77,628 $ 81,636 $ 85,716 $ 90,060 Hourly $ 33.05 $ 34.71 $ 36.45 $ 38.27 $ 40.23 $ 42.24 $ 44.40 Bi-weekly $ 2,644.15 $ 2,776.62 $ 2,916.00 $ 3,061.38 $ 3,218.77 $ 3,378.92 $ 3,552.00 Monthly $ 5,729 $ 6,016 $ 6,318 $ 6,633 $ 6,974 $ 7,321 $ 7,696 Annual $ 68,748 $ 72,192 $ 75,816 $ 79,596 $ 83,688 $ 87,852 $ 92,352 Hourly $ 33.85 $ 35.55 $ 37.32 $ 39.25 $ 41.21 $ 43.30 $ 45.49 Bi-weekly $ 2,707.85 $ 2,844.00 $ 2,985.69 $ 3,139.85 $ 3,296.77 $ 3,463.85 $ 3,639.23 Monthly $ 5,867 $ 6,162 $ 6,469 $ 6,803 $ 7,143 $ 7,505 $ 7,885 Annual $ 70,404 $ 73,944 $ 77,628 $ 81,636 $ 85,716 $ 90,060 $ 94,620 Hourly $ 34.71 $ 36.45 $ 38.27 $ 40.23 $ 42.24 $ 44.40 $ 46.62 Bi-weekly $ 2,776.62 $ 2,916.00 $ 3,061.38 $ 3,218.77 $ 3,378.92 $ 3,552.00 $ 3,729.69 Monthly $ 6,016 $ 6,318 $ 6,633 $ 6,974 $ 7,321 $ 7,696 $ 8,081 Annual $ 72,192 $ 75,816 $ 79,596 $ 83,688 $ 87,852 $ 92,352 $ 96,972 Hourly $ 35.55 $ 37.32 $ 39.24 $ 41.21 $ 43.30 $ 45.48 $ 47.82 Bi-weekly $ 2,844.00 $ 2,985.69 $ 3,139.38 $ 3,296.77 $ 3,463.85 $ 3,638.77 $ 3,825.69 Monthly $ 6,162 $ 6,469 $ 6,802 $ 7,143 $ 7,505 $ 7,884 $ 8,289 Annual $ 73,944 $ 77,628 $ 81,624 $ 85,716 $ 90,060 $ 94,608 $ 99,468 Hourly $ 36.45 $ 38.27 $ 40.22 $ 42.24 $ 44.39 $ 46.62 $ 48.96 Bi-weekly $ 2,916.00 $ 3,061.38 $ 3,217.85 $ 3,378.92 $ 3,551.54 $ 3,729.69 $ 3,917.08 Monthly $ 6,318 $ 6,633 $ 6,972 $ 7,321 $ 7,695 $ 8,081 $ 8,487 Annual $ 75,816 $ 79,596 $ 83,664 $ 87,852 $ 92,340 $ 96,972 $ 101,844 Hourly $ 37.32 $ 39.24 $ 41.21 $ 43.30 $ 45.48 $ 47.82 $ 50.23 Bi-weekly $ 2,985.69 $ 3,139.38 $ 3,296.77 $ 3,463.85 $ 3,638.77 $ 3,825.69 $ 4,018.15 Monthly $ 6,469 $ 6,802 $ 7,143 $ 7,505 $ 7,884 $ 8,289 $ 8,706 Annual $ 77,628 $ 81,624 $ 85,716 $ 90,060 $ 94,608 $ 99,468 $ 104,472 Hourly $ 38.27 $ 40.22 $ 42.24 $ 44.39 $ 46.62 $ 48.96 $ 51.47 Bi-weekly $ 3,061.38 $ 3,217.85 $ 3,378.92 $ 3,551.54 $ 3,729.69 $ 3,917.08 $ 4,117.85 Monthly $ 6,633 $ 6,972 $ 7,321 $ 7,695 $ 8,081 $ 8,487 $ 8,922 Annual $ 79,596 $ 83,664 $ 87,852 $ 92,340 $ 96,972 $ 101,844 $ 107,064 52 53
46 CITY OF PALM SPRINGS
EXECUTIVE EX2
Effective June 26, 2022
45 47
48 49
50 51
Effective June 26, 2022
Item 1D - Page 37
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FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
EXECUTIVE EX2
Effective June 26, 2022
Hourly $ 39.24 $ 41.21 $ 43.30 $ 45.48 $ 47.82 $ 50.23 $ 52.75 Bi-weekly $ 3,139.38 $ 3,296.77 $ 3,463.85 $ 3,638.77 $ 3,825.69 $ 4,018.15 $ 4,220.31 Monthly $ 6,802 $ 7,143 $ 7,505 $ 7,884 $ 8,289 $ 8,706 $ 9,144 Annual $ 81,624 $ 85,716 $ 90,060 $ 94,608 $ 99,468 $ 104,472 $ 109,728 Hourly $ 40.22 $ 42.24 $ 44.39 $ 46.62 $ 48.96 $ 51.47 $ 54.10 Bi-weekly $ 3,217.85 $ 3,378.92 $ 3,551.54 $ 3,729.69 $ 3,917.08 $ 4,117.85 $ 4,328.31 Monthly $ 6,972 $ 7,321 $ 7,695 $ 8,081 $ 8,487 $ 8,922 $ 9,378 Annual $ 83,664 $ 87,852 $ 92,340 $ 96,972 $ 101,844 $ 107,064 $ 112,536 Hourly $ 41.21 $ 43.30 $ 45.48 $ 47.82 $ 50.23 $ 52.75 $ 55.45 Bi-weekly $ 3,296.77 $ 3,463.85 $ 3,638.77 $ 3,825.69 $ 4,018.15 $ 4,220.31 $ 4,435.85 Monthly $ 7,143 $ 7,505 $ 7,884 $ 8,289 $ 8,706 $ 9,144 $ 9,611 Annual $ 85,716 $ 90,060 $ 94,608 $ 99,468 $ 104,472 $ 109,728 $ 115,332 Hourly $ 42.24 $ 44.39 $ 46.62 $ 48.96 $ 51.47 $ 54.10 $ 56.80 Bi-weekly $ 3,378.92 $ 3,551.54 $ 3,729.69 $ 3,917.08 $ 4,117.85 $ 4,328.31 $ 4,544.31 Monthly $ 7,321 $ 7,695 $ 8,081 $ 8,487 $ 8,922 $ 9,378 $ 9,846 Annual $ 87,852 $ 92,340 $ 96,972 $ 101,844 $ 107,064 $ 112,536 $ 118,152 Hourly $ 43.30 $ 45.48 $ 47.82 $ 50.23 $ 52.75 $ 55.45 $ 58.23 Bi-weekly $ 3,463.85 $ 3,638.77 $ 3,825.69 $ 4,018.15 $ 4,220.31 $ 4,435.85 $ 4,658.77 Monthly $ 7,505 $ 7,884 $ 8,289 $ 8,706 $ 9,144 $ 9,611 $ 10,094 Annual $ 90,060 $ 94,608 $ 99,468 $ 104,472 $ 109,728 $ 115,332 $ 121,128 Hourly $ 44.39 $ 46.62 $ 48.96 $ 51.47 $ 54.10 $ 56.80 $ 59.70 Bi-weekly $ 3,551.54 $ 3,729.69 $ 3,917.08 $ 4,117.85 $ 4,328.31 $ 4,544.31 $ 4,776.00 Monthly $ 7,695 $ 8,081 $ 8,487 $ 8,922 $ 9,378 $ 9,846 $ 10,348 Annual $ 92,340 $ 96,972 $ 101,844 $ 107,064 $ 112,536 $ 118,152 $ 124,176 Hourly $ 45.48 $ 47.82 $ 50.23 $ 52.75 $ 55.45 $ 58.23 $ 61.17 Bi-weekly $ 3,638.77 $ 3,825.69 $ 4,018.15 $ 4,220.31 $ 4,435.85 $ 4,658.77 $ 4,893.23 Monthly $ 7,884 $ 8,289 $ 8,706 $ 9,144 $ 9,611 $ 10,094 $ 10,602 Annual $ 94,608 $ 99,468 $ 104,472 $ 109,728 $ 115,332 $ 121,128 $ 127,224 Hourly $ 46.62 $ 48.96 $ 51.47 $ 54.10 $ 56.80 $ 59.70 $ 62.74 Bi-weekly $ 3,729.69 $ 3,917.08 $ 4,117.85 $ 4,328.31 $ 4,544.31 $ 4,776.00 $ 5,019.23 Monthly $ 8,081 $ 8,487 $ 8,922 $ 9,378 $ 9,846 $ 10,348 $ 10,875 Annual $ 96,972 $ 101,844 $ 107,064 $ 112,536 $ 118,152 $ 124,176 $ 130,500 Hourly $ 47.82 $ 50.23 $ 52.77 $ 55.45 $ 58.24 $ 61.18 $ 64.30 Bi-weekly $ 3,825.69 $ 4,018.15 $ 4,221.69 $ 4,436.31 $ 4,659.23 $ 4,894.62 $ 5,143.85 Monthly $ 8,289 $ 8,706 $ 9,147 $ 9,612 $ 10,095 $ 10,605 $ 11,145 Annual $ 99,468 $ 104,472 $ 109,764 $ 115,344 $ 121,140 $ 127,260 $ 133,740 59 60
54 55
56 57
61 62
58 Effective June 26, 2022
Item 1D - Page 38
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FY 2022-23
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
EXECUTIVE EX2
Effective June 26, 2022
Hourly $ 48.96 $ 51.47 $ 54.10 $ 56.80 $ 59.70 $ 62.74 $ 65.90 Bi-weekly $ 3,917.08 $ 4,117.85 $ 4,328.31 $ 4,544.31 $ 4,776.00 $ 5,019.23 $ 5,271.69 Monthly $ 8,487 $ 8,922 $ 9,378 $ 9,846 $ 10,348 $ 10,875 $ 11,422 Annual $ 101,844 $ 107,064 $ 112,536 $ 118,152 $ 124,176 $ 130,500 $ 137,064 Hourly $ 50.23 $ 52.77 $ 55.45 $ 58.24 $ 61.18 $ 64.30 $ 67.57 Bi-weekly $ 4,018.15 $ 4,221.69 $ 4,436.31 $ 4,659.23 $ 4,894.62 $ 5,143.85 $ 5,405.54 Monthly $ 8,706 $ 9,147 $ 9,612 $ 10,095 $ 10,605 $ 11,145 $ 11,712 Annual $ 104,472 $ 109,764 $ 115,344 $ 121,140 $ 127,260 $ 133,740 $ 140,544 Hourly $ 51.47 $ 54.10 $ 56.80 $ 59.70 $ 62.74 $ 65.90 $ 69.23 Bi-weekly $ 4,117.85 $ 4,328.31 $ 4,544.31 $ 4,776.00 $ 5,019.23 $ 5,271.69 $ 5,538.46 Monthly $ 8,922 $ 9,378 $ 9,846 $ 10,348 $ 10,875 $ 11,422 $ 12,000 Annual $ 107,064 $ 112,536 $ 118,152 $ 124,176 $ 130,500 $ 137,064 $ 144,000 Hourly $ 52.77 $ 55.45 $ 58.24 $ 61.18 $ 64.30 $ 67.57 $ 70.96 Bi-weekly $ 4,221.69 $ 4,436.31 $ 4,659.23 $ 4,894.62 $ 5,143.85 $ 5,405.54 $ 5,676.92 Monthly $ 9,147 $ 9,612 $ 10,095 $ 10,605 $ 11,145 $ 11,712 $ 12,300 Annual $ 109,764 $ 115,344 $ 121,140 $ 127,260 $ 133,740 $ 140,544 $ 147,600 Hourly $ 54.10 $ 56.80 $ 59.70 $ 62.74 $ 65.90 $ 69.23 $ 72.73 Bi-weekly $ 4,328.31 $ 4,544.31 $ 4,776.00 $ 5,019.23 $ 5,271.69 $ 5,538.46 $ 5,818.15 Monthly $ 9,378 $ 9,846 $ 10,348 $ 10,875 $ 11,422 $ 12,000 $ 12,606 Annual $ 112,536 $ 118,152 $ 124,176 $ 130,500 $ 137,064 $ 144,000 $ 151,272 Hourly $ 55.45 $ 58.24 $ 61.18 $ 64.30 $ 67.57 $ 70.96 $ 74.55 Bi-weekly $ 4,436.31 $ 4,659.23 $ 4,894.62 $ 5,143.85 $ 5,405.54 $ 5,676.92 $ 5,964.00 Monthly $ 9,612 $ 10,095 $ 10,605 $ 11,145 $ 11,712 $ 12,300 $ 12,922 Annual $ 115,344 $ 121,140 $ 127,260 $ 133,740 $ 140,544 $ 147,600 $ 155,064 Hourly $ 56.80 $ 59.70 $ 62.74 $ 65.90 $ 69.23 $ 72.73 $ 71.23 Bi-weekly $ 4,544.31 $ 4,776.00 $ 5,019.23 $ 5,271.69 $ 5,538.46 $ 5,818.15 $ 5,698.15 Monthly $ 9,846 $ 10,348 $ 10,875 $ 11,422 $ 12,000 $ 12,606 $ 12,346 Annual $ 118,152 $ 124,176 $ 130,500 $ 137,064 $ 144,000 $ 151,272 $ 148,152 69 65
66 67
68 63
64 Effective June 26, 2022
Item 1D - Page 39
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Hourly $ 56.32 $ 59.15 $ 62.10 $ 65.28 $ 68.55 $ 72.03 $ 75.67 Bi-weekly $ 4,505.54 $ 4,732.15 $ 4,968.00 $ 5,222.77 $ 5,484.00 $ 5,762.31 $ 6,053.54 Monthly $ 9,762 $ 10,253 $ 10,764 $ 11,316 $ 11,882 $ 12,485 $ 13,116 Annual $ 117,144 $ 123,036 $ 129,168 $ 135,792 $ 142,584 $ 149,820 $ 157,392 Hourly $ 57.72 $ 60.62 $ 63.65 $ 66.88 $ 70.27 $ 73.83 $ 77.56 Bi-weekly $ 4,617.69 $ 4,849.38 $ 5,092.15 $ 5,350.62 $ 5,621.54 $ 5,906.77 $ 6,204.46 Monthly $ 10,005 $ 10,507 $ 11,033 $ 11,593 $ 12,180 $ 12,798 $ 13,443 Annual $ 120,060 $ 126,084 $ 132,396 $ 139,116 $ 146,160 $ 153,576 $ 161,316 Hourly $ 59.15 $ 62.10 $ 65.28 $ 68.55 $ 72.03 $ 75.67 $ 79.51 Bi-weekly $ 4,732.15 $ 4,968.00 $ 5,222.77 $ 5,484.00 $ 5,762.31 $ 6,053.54 $ 6,360.46 Monthly $ 10,253 $ 10,764 $ 11,316 $ 11,882 $ 12,485 $ 13,116 $ 13,781 Annual $ 123,036 $ 129,168 $ 135,792 $ 142,584 $ 149,820 $ 157,392 $ 165,372 Hourly $ 60.62 $ 63.65 $ 66.88 $ 70.27 $ 73.83 $ 77.56 $ 81.51 Bi-weekly $ 4,849.38 $ 5,092.15 $ 5,350.62 $ 5,621.54 $ 5,906.77 $ 6,204.46 $ 6,521.08 Monthly $ 10,507 $ 11,033 $ 11,593 $ 12,180 $ 12,798 $ 13,443 $ 14,129 Annual $ 126,084 $ 132,396 $ 139,116 $ 146,160 $ 153,576 $ 161,316 $ 169,548 Hourly $ 62.10 $ 65.28 $ 68.55 $ 72.03 $ 75.67 $ 79.51 $ 83.52 Bi-weekly $ 4,968.00 $ 5,222.77 $ 5,484.00 $ 5,762.31 $ 6,053.54 $ 6,360.46 $ 6,681.69 Monthly $ 10,764 $ 11,316 $ 11,882 $ 12,485 $ 13,116 $ 13,781 $ 14,477 Annual $ 129,168 $ 135,792 $ 142,584 $ 149,820 $ 157,392 $ 165,372 $ 173,724 Hourly $ 63.65 $ 66.88 $ 70.27 $ 73.83 $ 77.56 $ 81.51 $ 85.60 Bi-weekly $ 5,092.15 $ 5,350.62 $ 5,621.54 $ 5,906.77 $ 6,204.46 $ 6,521.08 $ 6,847.85 Monthly $ 11,033 $ 11,593 $ 12,180 $ 12,798 $ 13,443 $ 14,129 $ 14,837 Annual $ 132,396 $ 139,116 $ 146,160 $ 153,576 $ 161,316 $ 169,548 $ 178,044 Hourly $ 65.28 $ 68.55 $ 72.03 $ 75.67 $ 79.51 $ 83.52 $ 87.76 Bi-weekly $ 5,222.77 $ 5,484.00 $ 5,762.31 $ 6,053.54 $ 6,360.46 $ 6,681.69 $ 7,020.92 Monthly $ 11,316 $ 11,882 $ 12,485 $ 13,116 $ 13,781 $ 14,477 $ 15,212 Annual $ 135,792 $ 142,584 $ 149,820 $ 157,392 $ 165,372 $ 173,724 $ 182,544 Hourly $ 66.88 $ 70.27 $ 73.83 $ 77.56 $ 81.51 $ 85.60 $ 89.95 Bi-weekly $ 5,350.62 $ 5,621.54 $ 5,906.77 $ 6,204.46 $ 6,521.08 $ 6,847.85 $ 7,195.85 Monthly $ 11,593 $ 12,180 $ 12,798 $ 13,443 $ 14,129 $ 14,837 $ 15,591 Annual $ 139,116 $ 146,160 $ 153,576 $ 161,316 $ 169,548 $ 178,044 $ 187,092 Hourly $ 68.55 $ 72.03 $ 75.67 $ 79.51 $ 83.52 $ 87.76 $ 92.20 Bi-weekly $ 5,484.00 $ 5,762.31 $ 6,053.54 $ 6,360.46 $ 6,681.69 $ 7,020.92 $ 7,375.85 Monthly $ 11,882 $ 12,485 $ 13,116 $ 13,781 $ 14,477 $ 15,212 $ 15,981 Annual $ 142,584 $ 149,820 $ 157,392 $ 165,372 $ 173,724 $ 182,544 $ 191,772 70 71
72 CITY OF PALM SPRINGS
EXECUTIVE EX3
73 78
75 77
76 74
Effective June 26, 2022
Item 1D - Page 40
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
EXECUTIVE EX3
Hourly $ 70.27 $ 73.83 $ 77.56 $ 81.51 $ 85.60 $ 89.95 $ 94.52 Bi-weekly $ 5,621.54 $ 5,906.77 $ 6,204.46 $ 6,521.08 $ 6,847.85 $ 7,195.85 $ 7,561.38 Monthly $ 12,180 $ 12,798 $ 13,443 $ 14,129 $ 14,837 $ 15,591 $ 16,383 Annual $ 146,160 $ 153,576 $ 161,316 $ 169,548 $ 178,044 $ 187,092 $ 196,596 Hourly $ 72.03 $ 75.67 $ 79.51 $ 83.52 $ 87.76 $ 92.20 $ 96.88 Bi-weekly $ 5,762.31 $ 6,053.54 $ 6,360.46 $ 6,681.69 $ 7,020.92 $ 7,375.85 $ 7,750.15 Monthly $ 12,485 $ 13,116 $ 13,781 $ 14,477 $ 15,212 $ 15,981 $ 16,792 Annual $ 149,820 $ 157,392 $ 165,372 $ 173,724 $ 182,544 $ 191,772 $ 201,504 Hourly $ 73.83 $ 77.56 $ 81.51 $ 85.60 $ 89.95 $ 94.52 $ 99.30 Bi-weekly $ 5,906.77 $ 6,204.46 $ 6,521.08 $ 6,847.85 $ 7,195.85 $ 7,561.38 $ 7,944.00 Monthly $ 12,798 $ 13,443 $ 14,129 $ 14,837 $ 15,591 $ 16,383 $ 17,212 Annual $ 153,576 $ 161,316 $ 169,548 $ 178,044 $ 187,092 $ 196,596 $ 206,544 Hourly $ 75.67 $ 79.51 $ 83.52 $ 87.76 $ 92.20 $ 96.88 $ 101.69 Bi-weekly $ 6,053.54 $ 6,360.46 $ 6,681.69 $ 7,020.92 $ 7,375.85 $ 7,750.15 $ 8,135.54 Monthly $ 13,116 $ 13,781 $ 14,477 $ 15,212 $ 15,981 $ 16,792 $ 17,627 Annual $ 157,392 $ 165,372 $ 173,724 $ 182,544 $ 191,772 $ 201,504 $ 211,524 Hourly $ 77.56 $ 81.51 $ 85.60 $ 89.95 $ 94.52 $ 99.30 $ 104.28 Bi-weekly $ 6,204.46 $ 6,521.08 $ 6,847.85 $ 7,195.85 $ 7,561.38 $ 7,944.00 $ 8,342.31 Monthly $ 13,443 $ 14,129 $ 14,837 $ 15,591 $ 16,383 $ 17,212 $ 18,075 Annual $ 161,316 $ 169,548 $ 178,044 $ 187,092 $ 196,596 $ 206,544 $ 216,900 Hourly $ 79.51 $ 83.52 $ 87.76 $ 92.20 $ 96.88 $ 101.69 $ 106.80 Bi-weekly $ 6,360.46 $ 6,681.69 $ 7,020.92 $ 7,375.85 $ 7,750.15 $ 8,135.54 $ 8,544.00 Monthly $ 13,781 $ 14,477 $ 15,212 $ 15,981 $ 16,792 $ 17,627 $ 18,512 Annual $ 165,372 $ 173,724 $ 182,544 $ 191,772 $ 201,504 $ 211,524 $ 222,144 Hourly $ 81.51 $ 85.60 $ 89.95 $ 94.52 $ 99.30 $ 104.28 $ 109.48 Bi-weekly $ 6,521.08 $ 6,847.85 $ 7,195.85 $ 7,561.38 $ 7,944.00 $ 8,342.31 $ 8,758.15 Monthly $ 14,129 $ 14,837 $ 15,591 $ 16,383 $ 17,212 $ 18,075 $ 18,976 Annual $ 169,548 $ 178,044 $ 187,092 $ 196,596 $ 206,544 $ 216,900 $ 227,712 85 82
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Item 1D - Page 41
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Hourly $ 62.76 $ 65.90 $ 69.23 $ 72.73 $ 76.42 $ 80.28 $ 84.36 Bi-weekly $ 5,020.62 $ 5,271.69 $ 5,538.46 $ 5,818.15 $ 6,113.54 $ 6,422.31 $ 6,749.08 Monthly $ 10,878 $ 11,422 $ 12,000 $ 12,606 $ 13,246 $ 13,915 $ 14,623 Annual $ 130,536 $ 137,064 $ 144,000 $ 151,272 $ 158,952 $ 166,980 $ 175,476 Hourly $ 64.30 $ 67.57 $ 70.96 $ 74.55 $ 78.31 $ 82.29 $ 86.45 Bi-weekly $ 5,143.85 $ 5,405.54 $ 5,676.92 $ 5,964.00 $ 6,264.92 $ 6,582.92 $ 6,915.69 Monthly $ 11,145 $ 11,712 $ 12,300 $ 12,922 $ 13,574 $ 14,263 $ 14,984 Annual $ 133,740 $ 140,544 $ 147,600 $ 155,064 $ 162,888 $ 171,156 $ 179,808 Hourly $ 65.90 $ 69.23 $ 72.73 $ 76.42 $ 80.28 $ 84.36 $ 88.60 Bi-weekly $ 5,271.69 $ 5,538.46 $ 5,818.15 $ 6,113.54 $ 6,422.31 $ 6,749.08 $ 7,087.85 Monthly $ 11,422 $ 12,000 $ 12,606 $ 13,246 $ 13,915 $ 14,623 $ 15,357 Annual $ 137,064 $ 144,000 $ 151,272 $ 158,952 $ 166,980 $ 175,476 $ 184,284 Hourly $ 67.57 $ 70.96 $ 74.55 $ 78.31 $ 82.29 $ 86.45 $ 90.83 Bi-weekly $ 5,405.54 $ 5,676.92 $ 5,964.00 $ 6,264.92 $ 6,582.92 $ 6,915.69 $ 7,266.46 Monthly $ 11,712 $ 12,300 $ 12,922 $ 13,574 $ 14,263 $ 14,984 $ 15,744 Annual $ 140,544 $ 147,600 $ 155,064 $ 162,888 $ 171,156 $ 179,808 $ 188,928 Hourly $ 69.23 $ 72.73 $ 76.42 $ 80.28 $ 84.36 $ 88.60 $ 93.10 Bi-weekly $ 5,538.46 $ 5,818.15 $ 6,113.54 $ 6,422.31 $ 6,749.08 $ 7,087.85 $ 7,447.85 Monthly $ 12,000 $ 12,606 $ 13,246 $ 13,915 $ 14,623 $ 15,357 $ 16,137 Annual $ 144,000 $ 151,272 $ 158,952 $ 166,980 $ 175,476 $ 184,284 $ 193,644 Hourly $ 70.96 $ 74.55 $ 78.31 $ 82.29 $ 86.45 $ 90.83 $ 95.39 Bi-weekly $ 5,676.92 $ 5,964.00 $ 6,264.92 $ 6,582.92 $ 6,915.69 $ 7,266.46 $ 7,631.54 Monthly $ 12,300 $ 12,922 $ 13,574 $ 14,263 $ 14,984 $ 15,744 $ 16,535 Annual $ 147,600 $ 155,064 $ 162,888 $ 171,156 $ 179,808 $ 188,928 $ 198,420 Hourly $ 72.73 $ 76.42 $ 80.28 $ 84.36 $ 88.60 $ 93.10 $ 97.82 Bi-weekly $ 5,818.15 $ 6,113.54 $ 6,422.31 $ 6,749.08 $ 7,087.85 $ 7,447.85 $ 7,825.85 Monthly $ 12,606 $ 13,246 $ 13,915 $ 14,623 $ 15,357 $ 16,137 $ 16,956 Annual $ 151,272 $ 158,952 $ 166,980 $ 175,476 $ 184,284 $ 193,644 $ 203,472 Hourly $ 74.55 $ 78.31 $ 82.29 $ 86.45 $ 90.83 $ 95.39 $ 100.26 Bi-weekly $ 5,964.00 $ 6,264.92 $ 6,582.92 $ 6,915.69 $ 7,266.46 $ 7,631.54 $ 8,021.08 Monthly $ 12,922 $ 13,574 $ 14,263 $ 14,984 $ 15,744 $ 16,535 $ 17,379 Annual $ 155,064 $ 162,888 $ 171,156 $ 179,808 $ 188,928 $ 198,420 $ 208,548 Hourly $ 76.42 $ 80.28 $ 84.36 $ 88.60 $ 93.10 $ 97.82 $ 102.77 Bi-weekly $ 6,113.54 $ 6,422.31 $ 6,749.08 $ 7,087.85 $ 7,447.85 $ 7,825.85 $ 8,221.38 Monthly $ 13,246 $ 13,915 $ 14,623 $ 15,357 $ 16,137 $ 16,956 $ 17,813 Annual $ 158,952 $ 166,980 $ 175,476 $ 184,284 $ 193,644 $ 203,472 $ 213,756
CITY OF PALM SPRINGS
EXECUTIVE EX4
78 73
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81 Effective June 26, 2022
Item 1D - Page 42
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
EXECUTIVE EX4
Hourly $ 78.31 $ 82.29 $ 86.45 $ 90.83 $ 95.39 $ 100.26 $ 105.26 Bi-weekly $ 6,264.92 $ 6,582.92 $ 6,915.69 $ 7,266.46 $ 7,631.54 $ 8,021.08 $ 8,420.77 Monthly $ 13,574 $ 14,263 $ 14,984 $ 15,744 $ 16,535 $ 17,379 $ 18,245 Annual $ 162,888 $ 171,156 $ 179,808 $ 188,928 $ 198,420 $ 208,548 $ 218,940 Hourly $ 80.28 $ 84.36 $ 88.60 $ 93.10 $ 97.82 $ 102.77 $ 107.92 Bi-weekly $ 6,422.31 $ 6,749.08 $ 7,087.85 $ 7,447.85 $ 7,825.85 $ 8,221.38 $ 8,633.54 Monthly $ 13,915 $ 14,623 $ 15,357 $ 16,137 $ 16,956 $ 17,813 $ 18,706 Annual $ 166,980 $ 175,476 $ 184,284 $ 193,644 $ 203,472 $ 213,756 $ 224,472 Hourly $ 82.29 $ 86.45 $ 90.83 $ 95.39 $ 100.26 $ 105.26 $ 110.53 Bi-weekly $ 6,582.92 $ 6,915.69 $ 7,266.46 $ 7,631.54 $ 8,021.08 $ 8,420.77 $ 8,842.15 Monthly $ 14,263 $ 14,984 $ 15,744 $ 16,535 $ 17,379 $ 18,245 $ 19,158 Annual $ 171,156 $ 179,808 $ 188,928 $ 198,420 $ 208,548 $ 218,940 $ 229,896 Hourly $ 84.36 $ 88.60 $ 93.10 $ 97.82 $ 102.77 $ 107.92 $ 113.30 Bi-weekly $ 6,749.08 $ 7,087.85 $ 7,447.85 $ 7,825.85 $ 8,221.38 $ 8,633.54 $ 9,064.15 Monthly $ 14,623 $ 15,357 $ 16,137 $ 16,956 $ 17,813 $ 18,706 $ 19,639 Annual $ 175,476 $ 184,284 $ 193,644 $ 203,472 $ 213,756 $ 224,472 $ 235,668 Hourly $ 86.45 $ 90.83 $ 95.39 $ 100.26 $ 105.26 $ 110.53 $ 116.05 Bi-weekly $ 6,915.69 $ 7,266.46 $ 7,631.54 $ 8,021.08 $ 8,420.77 $ 8,842.15 $ 9,283.85 Monthly $ 14,984 $ 15,744 $ 16,535 $ 17,379 $ 18,245 $ 19,158 $ 20,115 Annual $ 179,808 $ 188,928 $ 198,420 $ 208,548 $ 218,940 $ 229,896 $ 241,380 Hourly $ 88.60 $ 93.10 $ 97.82 $ 102.77 $ 107.92 $ 113.30 $ 118.96 Bi-weekly $ 7,087.85 $ 7,447.85 $ 7,825.85 $ 8,221.38 $ 8,633.54 $ 9,064.15 $ 9,516.92 Monthly $ 15,357 $ 16,137 $ 16,956 $ 17,813 $ 18,706 $ 19,639 $ 20,620 Annual $ 184,284 $ 193,644 $ 203,472 $ 213,756 $ 224,472 $ 235,668 $ 247,440 Hourly $ 90.83 $ 95.39 $ 100.26 $ 105.26 $ 110.53 $ 116.05 $ 121.87 Bi-weekly $ 7,266.46 $ 7,631.54 $ 8,021.08 $ 8,420.77 $ 8,842.15 $ 9,283.85 $ 9,749.54 Monthly $ 15,744 $ 16,535 $ 17,379 $ 18,245 $ 19,158 $ 20,115 $ 21,124 Annual $ 188,928 $ 198,420 $ 208,548 $ 218,940 $ 229,896 $ 241,380 $ 253,488 Hourly $ 93.10 $ 97.82 $ 102.77 $ 107.92 $ 113.30 $ 118.96 $ 124.93 Bi-weekly $ 7,447.85 $ 7,825.85 $ 8,221.38 $ 8,633.54 $ 9,064.15 $ 9,516.92 $ 9,994.62 Monthly $ 16,137 $ 16,956 $ 17,813 $ 18,706 $ 19,639 $ 20,620 $ 21,655 Annual $ 193,644 $ 203,472 $ 213,756 $ 224,472 $ 235,668 $ 247,440 $ 259,860 Hourly $ 95.39 $ 100.26 $ 105.26 $ 110.53 $ 116.05 $ 121.87 $ 127.95 Bi-weekly $ 7,631.54 $ 8,021.08 $ 8,420.77 $ 8,842.15 $ 9,283.85 $ 9,749.54 $ 10,236.00 Monthly $ 16,535 $ 17,379 $ 18,245 $ 19,158 $ 20,115 $ 21,124 $ 22,178 Annual $ 198,420 $ 208,548 $ 218,940 $ 229,896 $ 241,380 $ 253,488 $ 266,136 87 85
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Item 1D - Page 43
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FY 2022-23
Effective June 26, 2022
RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
CITY OF PALM SPRINGS
EXECUTIVE EX4
Hourly $ 97.82 $ 102.77 $ 107.92 $ 113.30 $ 118.96 $ 124.93 $ 131.18 Bi-weekly $ 7,825.85 $ 8,221.38 $ 8,633.54 $ 9,064.15 $ 9,516.92 $ 9,994.62 $ 10,494.46 Monthly $ 16,956 $ 17,813 $ 18,706 $ 19,639 $ 20,620 $ 21,655 $ 22,738 Annual $ 203,472 $ 213,756 $ 224,472 $ 235,668 $ 247,440 $ 259,860 $ 272,856 Hourly $ 100.26 $ 105.26 $ 110.53 $ 116.05 $ 121.87 $ 127.95 $ 134.35 Bi-weekly $ 8,021.08 $ 8,420.77 $ 8,842.15 $ 9,283.85 $ 9,749.54 $ 10,236.00 $ 10,748.31 Monthly $ 17,379 $ 18,245 $ 19,158 $ 20,115 $ 21,124 $ 22,178 $ 23,288 Annual $ 208,548 $ 218,940 $ 229,896 $ 241,380 $ 253,488 $ 266,136 $ 279,456 91 92
Effective June 26, 2022
Item 1D - Page 44
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FY 2022-23
City Manager Bi-weekly $ 10,576.92
Under Contract Monthly $ 22,916.67
Effective Date: April 5, 2021 Annual $ 275,000 Elected Official - Mayor Bi-weekly $ 1,684.62 Per Ordinance 1716 Monthly $ 3,650.00 Effective Date: December 5, 2007 Annual $ 43,800 Elected Official - City Councilmember Bi-weekly $ 1,122.92 Per Ordinance 1716 Monthly $ 2,433.00 Effective Date: December 5, 2007 Annual $ 29,196
CITY OF PALM SPRINGS
CM/EO
Effective June 26, 2022
Item 1D - Page 45
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AFFIRMING THE COUNCIL ACTION OF SEPTEMBER 29, 2022,
RELATIVE TO AN EXTENSION OF THE PARKLET USE AND AMENDMENT OF
THE ASSOCIATED PARKLET DESIGN GUIDELINES
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE DESIGN GUIDELINES FOR PARKLET FACILITIES AND EXTENDING THE DATE FOR PARKLET USAGE.” Attachments
Item 1E
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AFFIRMING THE COUNCIL ACTION OF
SEPTEMBER 29, 2022, RELATIVE TO AN EXTENSION OF THE
PARKLET USE AND AMENDMENT OF THE ASSOCIATED PARKLET
DESIGN GUIDELINES
FROM: Teresa Gallavan, Interim City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:
On September 29, 2022, the City Council voted 4-0- 1 to extend the parklet use through December 31, 2023. In addition, the Council directed staff to update the design guidelines relative to parking requirements and aesthetic standards for parklet facilities. The accompanying resolution memorializes the City Council action and adopts amended design guidelines.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE DESIGN GUIDELINES FOR PARKLET FACILITIES AND EXTENDING THE DATE FOR PARKLET USAGE.”
STAFF ANALYSIS:
The City Council discussed a continuation of the parklet use through December 2023 at the meeting of September 29, 2022. As part of the discussion, the Council directed staff to update the design guidelines to address aesthetic standards for protective concrete barriers (“k-rails”), as well as directing staff to include parking requirements for the parklet use. The attached resolution affirms the action of the City Council by adopting an extension of the parklet use through December 31, 2023 and amending the design guidelines.
The amendments to the design guidelines will now require the provision of parking spaces for the parklet use; parking requirements were waived when the parklet use was originally established in 2020. Parking will be required at a ratio of one parking space for every Item 1E - Page 1
City Council Staff Report
November 28, 2022 -- Page 2
Parklet Resolution
eight seats in the parklet area, which is the same standard that is in place for outdoor dining (on sidewalks or on private property) within the downtown area. The parking spaces may either be provided on site, the parklet owner may pay an in- lieu fee (within the boundaries of the Downtown Parking Combining Zone), or provide off-site parking as allowed by the zoning code.
Another modification to the design guidelines is relative to aesthetic standards for concrete barriers that are used as a preventative measure for the safety of parklet patrons. The design guidelines require that concrete barriers must be covered or enclosed. Any existing parklets that are not in compliance with this requirement must be updated to conform.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Resolution and Amended Design Guidelines
Item 1E - Page 2
ATTACHMENT A
Item 1E - Page 3
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE DESIGN
GUIDELINES FOR PARKLET FACILITIES AND
EXTENDING THE DATE FOR PARKLET USAGE.
A. T he Community Design Element of the City of Palm Springs General Plan, adopted by the City Council in October 2007, establishes goals and policies relative to the appearance and character of the community, and encourages the development of guidelines and review procedures that advance the aesthetic quality of the community through high-quality design.
B. On August 20, 2020, the City Council authorized the issuance of temporary land use permit s for the establishment of parklet facilities in public rights -of-way in response to emergency orders issued relative the COVID-19 pandemic.
C. On June 10, 2021, the City Council authorized an extension of the parklet use, and directed staff to develop design guidelines for parklet facilities.
D. In accordance with City Council directives, an ad- hoc workgroup was established to work with staff in developing design guidelines for parklet facilities, which consisted of stakeholders, design professionals, business owners, and interested members of the public; the workgroup concluded their efforts on August 25, 2021, and requested that t he proposed design guidelines be presented to the City Council for consideration.
E. On September 9, 2021, the City Council conducted a public meeting on the issue of design guidelines for parklet facilities, at which meeting the Council considered the staff report, supporting documentation, and all public testimony offered on the subject, and voted 4-0-1 to approve the parklet design guidelines.
F. On September 29, 2022, the City Council conducted a meeting on the subject of parklets and directed staff to make modifications to the approved parklet design guidelines, and by a vote of 4-0-1 authorized the extension of the parklet use through December 31, 2023.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Resolution.
SECTION 2. The design guidelines for parklet facilities, as contained in Exhibit A, are hereby amended and approved and shall be implemented by staff and the Architectural Review Committee in the approval of applications to construct parklet Item 1E - Page 4
Resolution No. ____
facilities and in enforcing requirements that pertain thereto.
SECTION 3. These design guidelines shall remain in effect through December 31, 2023, unless otherwise extended or codified by the City Council.
SECTION 4. Any parklets currently in operation or any parklets approved subsequent to this Resolution may remain in operation through December 31, 2023.
ADOPTED THIS 28TH DAY OF NOVEMBER, 2022.
TERESA GALLAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1E - Page 5
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, h ereby 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, MMC
CITY CLERK
Item 1E - Page 6
Resolution No. ____
RESOLUTION NO. ____
ATTACHMENT A
Parklet Design Guidelines (Amended 11/28/22)
A. General Requirements.
1. Parklet Position and Dimensions . For parallel on- street parking spaces, a parklet shall extend no more than eight (8) feet from the face of curb. Where the on-street parking space is less than eight (8) feet in width, the parklet shall extend no more than the width of on-street parking space and shall not extend into the lane of traffic. For diagonal or perpendicular on-street parking spaces, a parklet shall not extend no more than the depth of the on-street parking space and shall not be permitted to extend into the lane of traffic. A parklet shall not be permitted to extend beyond the frontage of the permittee’s tenant space or property. For businesses that have frontage on two streets, a parklet shall only be permitted on one street frontage.
2. Attachment. Parklet structures or elements shall not be directly attached to the street pavement, curb, or sidewalk surface unless otherwise approved by the Director. A deposit shall be required where approval for such attachment is granted, and shall be equivalent to the cost, as determined by the Director, for repairing any resulting damage caused by the attachment or removal of the attachment and for restoring the street pavement, curb or sidewalk to its prior condition.
B. Platform Base.
1. Base Required. All parklets shall require a platform base. The finished floor height of the platform base shall be level with the elevation of the adjacent public sidewalk.
2. Decking Materials. Decking materials for the platform base may include the following:
a. Plastic or composite decking;
b. Treated wood decking;
c. Treated wood decking tiles;
d. Concrete pavers on a pre-engineered pedestal system.
Other similar materials may be approved by the Director. Plywood decking or poured concrete is prohibited; synthetic turf, carpet, or similar coverings are prohibited.
3. Color. Platform decking and skirting materials shall be limited to black, grays, browns, natural wood finishes, and similar neutral colors appropriate to the desert environment.
Item 1E - Page 7
Resolution No. ____
4. Stormwater Management. Platforms shall be designed so as not to impede the flow of stormwater and drainage. A minimum 6” horizontal gap below the decking surface shall be provided between the curb face and base frame along the gutter to allow rainwater to naturally flow without obstruction. The permittee shall be responsible for keeping drainage area free from any obstructions.
C. Railing/Barrier.
1. Railing or Barrier Required. All parklets shall require a railing or similar barrier to protect the parklet and provide separation from the adjacent traffic lane.
2. Height. The railing or barrier shall be a minimum of 36” high from the finished deck surface of the parklet, and shall be a maximum of 43” high from the finished deck surface of the parklet.
3. Materials. Railing or barrier materials may include the following:
a. Steel, wrought iron, or aluminum;
b. Treated wood;
c. “ Green walls” or espalier treatments.
Planters may be incorporated into the design of the railing or barrier , and may be constructed of the same materials as the railing or barrier; as an alternative, natural concrete pots, terracotta pots, or high- quality fiberglass or resin pots may be used when incorporated with the railing or barrier . Chain link, rope, wire/steel cable, wood lattice, prefabricated plastic/vinyl fencing, and concrete block are prohibited.
4. Attachment. Railings or barriers shall be attached to the deck or platform structure and shall not be attached to the roadbed or curb.
5. Color. The primary color of railings and barriers shall be limited to black, grays, browns, natural wood finishes, and similar neutral colors appropriate to the desert environment. Accent colors may be permitted for trim and other minor architectural details, where such accent color is consistent with the color theme of the principal restaurant facility.
D. Umbrellas and Other Shade Structures.
1. Umbrellas Preferred. Umbrellas are the preferred shading device for parklets so as to maintain visibility of adjacent businesses. Shade structures other than umbrellas may be approved by a waiver as described in this Section.
2. Height and Placement. Umbrellas and approved shade structures shall have a minimum seven (7) foot vertical clearance, as measured from the finished deck surface of the parklet to the bottom edge of the umbrella or shade structure, and shall not exceed a maximum of ten (10) feet in height from the Item 1E - Page 8
Resolution No. ____
finished deck surface of the parklet. Umbrellas or other approved shade structures shall not extend past the perimeter edge of the parklet structure.
Shade structures, if approved, shall be designed and positioned to minimize impacts and maintain visibility of adjacent businesses.
3. M aterials. Umbrellas, sails, canopies, or other similar fabric shade structures shall be made with non-flammable materials or shall be treated and maintained in a flame-retardant condition.
4. Color. Umbrella and shade structure colors shall be consistent with the general color theme of the principal restaurant facility.
5. Text/Logos. No text or logos shall be permitted on umbrellas or other shade structures.
E. Furniture.
1. General Requirements. Parklet furniture and fixtures shall be consistent with the theme and details of the principal restaurant facility. Furnishings should be of quality materials and designed for outdoor use.
2. Materials. Furniture materials may be metal, finished wood, high -quality resin or polypropylene, vinyl, or other similar materials, and shall be consistent with the furniture utilized in the principal restaurant facility. Plastic furniture or non- commercial grade furniture is prohibited.
3. Color. Furniture colors shall be consistent with the color of the furniture utilized in the principal restaurant facility, or shall be consistent with the colors of the parklet materials.
4. Maintenance. The permittee shall properly maintain all furniture and fixtures, and shall repair or replace any furniture or fixtures that become damaged or faded.
F. Plant Materials.
1. General Requirements. The use of drought -tolerant plant materials is encouraged to screen and soften the appearance of the parklet structure. Plant materials shall be selected and maintained in such a manner so as to not impair visibility of adjacent businesses or create impacts to traffic safety.
2. Plant Materials. The following plant varieties are recommended:
a. Agave geminiflora
b. Carissa
c. Euphorbia splendens
d. Hesperaloe
Item 1E - Page 9
Resolution No. ____
e. Ixora coccinea
f. Leucophyllm sp.
g. Pedilanthus
h. Pedilanthus
i. Portulacaria
j. Russellia
k. Variegated Dianella
l. Yucca pallida
m. Yucca whipplei
Other similar drought-tolerant vegetation may be approved by the Director.
3. Maintenance. All plant materials shall be well maintained by the permit tee to avoid excessive growth that may interfere with visibility or accessibility; planters shall be kept free of litter and debris. The permittee shall be responsible fo r proper maintenance of all plant materials, and shall immediately remove and replace any dead plant materials.
G. Lighting/Misting Systems.
1. Misting Systems. Misting systems are encouraged, and shall be designed to be integral to the structure of the parklet. Posts and beams may be used to support and conceal the misting system, but shall be limited to no more than 4” x 4” in width and no more than 96” in height, as measured from the deck surface of the parklet structure. Water supply for the misting system shall not be permitted to extend onto the public sidewalk or other location that may cause tripping hazards. Misting systems shall be capped off when not in use.
2. Lighting. Lighting for the parklet shall be designed to control glare, minimize light trespass onto adjacent properties, and avoid interference with the safe operation of motor vehicles. Lighting should incorporate full cut -off fixtures; however, bare bulbs (e.g. “Tivoli lighting”) may be permitted where bulbs with a lower lumen output are used and glare issues are not created, as determined by the Director . Light bulbs shall be clear or white in color; LED fixtures are encouraged. Posts and beams may be used to support the lighting system, but shall be limited to no more than 4” x 4” in width and no more than 96” in height, as measured from the deck surface of the parklet structure. Blinking, moving, or changing intensity of illumination is not allowed. Electrical cords shall not extend o nto the public sidewalk or other location that may cause tripping hazards.
H. Safety Requirements.
1. Wheel Stops Recommended. Wheel stops shall be installed at each end of the parklet structure when directed by the Director . Wheel stops shall not be required where a parklet is directly adjacent to a landscape island or sidewalk bulb out.
Item 1E - Page 10
Resolution No. ____
2. Concrete Barriers. Concrete barriers (“k-rails”) may be required by the Director due to specific traffic or street conditions adjacent to the parklet location. When required, a five (5) foot concrete barrier shall be placed at the leading edge of the parklet structure relative to the direction of travel. The concrete barrier shall be covered with wood or other appropriate treatment so that the appearance of the barrier is consistent with the railing or barrier utilized on the remaining sides of the parklet structure. Alternate barrier techniques may be approved provided traffic safety and visibility are not compromised.
3. Retroreflective Tape. Retroreflective tape shall be required at the exterior corners of the parklet railing or barrier, relative to the direction of travel . The Director may approve alternative materials or techniques provided traffic safety and visibility are not compromised.
I. Signage.
1. No Additional Signage Permitted. No additional signage shall be permitted for the parklet other than the signage that is allowed for the principal business pursuant to PSZC Chapter 93.
2. Substitution of Signage Types. Where a permittee has not utilized an Accessory Sign or Portable Sign for the principal restaurant business, as those sign types are defined in PSZC Chapter 93, the equivalent square footage of either sign type may be utilized for signage that is to be affixed to the parklet structure. However, no more than one (1) sign may be allowed for the parklet structure.
3. Signage Location. Any allowable signage shall be placed on the parklet railing or barrier, and shall not extend above the top of the railing or barrier.
4. Applicable Sign Regulations. All other sign regulations and requirements, as identified in PSZC Chapter 93, shall be applicable to any signage utilized for the parklet structure, including illumination requirements, prohibited sign types, permit requirements, and all associated regulations.
J.
Parking.
1. Parking Spaces Required – New Parklets. Parking shall be provided for any new parklet approved after September 29, 2022. Parking shall be provided at a ratio of one (1) space for every eight (8) seats within the parklet area.
2. Parking Spaces Required – Existing Parklets. Parking shall be required for the expansion of any existing parklet approved prior to September 29, 2022.
Parking shall be provided at a ratio of one (1) space for every (8) seats that are added to the parklet area.
Item 1E - Page 11
Resolution No. ____
K. Approval Process and Criteria.
1. Application Submittal. An applicant for the establishment of a parklet shall submit a Land Use Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner of the principal business that is submitting the application. Application materials shall include, but not be limited to, the following items:
a. A site plan of the parklet, drawn to scale;
b. Elevations of the parklet, showing the height and construction details of the parklet;
c. Materials and color selections for the parklet platform base, railing or barrier, posts/beams;
d. Proposed furniture selections;
e. Proposed umbrella or shade structure materials and colors; f. Proposed plant materials;
g. Proposed lighting and misting systems;
h. Any signage proposed for the parklet; and
i. A list of waivers the applicant is seeking, if any.
2. Parklet Review Subcommittee. There is hereby established an ad hoc Parklet Review Subcommittee, which shall consist of up to three (3) members of the Architectural Review Committee. The subcommittee members shall be appointed and removed by the Chair of the Architectural Review Committee, and shall serve at the pleasure of the Chair as needed for the duration of the parklet program. Alternates to the subcommittee may be appointed by the Chair as needed. The role of the subcommittee is to review parklet applications not requiring a waiver and to consult with and advise the Director as to conformance to the criteria contained in this Section. After consulting with the subcommittee, the Director shall render a decision as to any parklet application that does not require a waiver.
3. Approval Authority. The approval authority for Land Use Permit applications to establish a parklet use shall be as follows:
a. Parklet Use with No Waivers. For applications where n o waivers of these Design Guidelines are requested, the Director shall be the approval authority, in consultation with the Parklet Review Subcommittee. b. Parklet Use with Waivers. For applications where waivers of these Design Guidelines are requested, the Architectural Review Committee shall be the approval authority. Meetings and actions of the Architectural Review Committee shall be conducted pursuant to the Brown Act and in accordance with the Committee’s bylaws.
Item 1E - Page 12
Resolution No. ____
4. Director’s Criteria and Findings for Parklet Use with no Waivers. In considering a Land Use Permit application for the establishment of a parklet with no waivers, the Director, in consultation with the Parklet Review Subcommittee, shall evaluat e the application and make findings for conformanc e to the following criteria:
a. The proposed parklet design conforms to the Parklet Design Guidelines as listed herein;
b. The proposed colors and materials are consistent with colors and materials of the principal restaurant business;
c. The proposed parklet design is consistent and harmonious with the architectural character of surrounding businesses.
If the Director finds that these criteria have been met, the Director shall issue the Land Use Permit for the parklet use, subject to those reasonable terms and conditions consistent with the Design Guidelines.
5. Criteria for Waivers of the Parklet Design Guidelines. In considering a Land Use Permit application for that includes a waiver of these Design Guidelines, the Architectural Review Committee shall evaluate the application and make the following findings prior to approving a waiver:
a. Business owners within one- hundred and fifty (150) feet of the proposed parklet, as measured along the same street frontage in either direction of the proposed parklet, have been notified of the waiver request at least ten (10) days in advance of the proposed meeting;
b. Where the proposed parklet will extend in front of an abutting business or property, the permittee has obtained and submitted written consent from any affected business owner and property owner;
c. The proposed waiver will not result in any significant impacts to adjacent businesses;
d. The proposed waiver will not result in any significant impacts to public health, safety, or welfare.
L. Operational Requirements.
1. Parklet Use. The establishment of a parklet may be permitted for dining and cocktail lounge uses only. Nightclub uses, merchandise sales, or other commercial uses are prohibited.
2. Hours/Days of Use.
a. Hours of Use. The permittee shall be required to operate the parklet for the minimum hours and days per week as listed below:
(1) Winter Period (October 1 to May 31). Parklets shall be in operation for a minimum of thirty-six (36) hours per week.
(2) Summer Period (June 1 to September 30). Parklets shall be in operation for a minimum of twenty-four (24) hours per week.
Item 1E - Page 13
Resolution No. ____
b. Appearance of Parklet – Operating Hours. The parklet area shall be set up with tables and chairs and ready to receive customers during all hours that the principal business is open to the public.
c. Appearance of Parklet – Non-Operational Hours. Tables, chairs and umbrellas may remain in the parklet area when the principal business is closed to the public. Chairs may be stacked within the parklet area for periods of twelve (12) hours or less. As an alternative, all furnishings and equipment may be removed from parklet and stored in an indoor location. d. Waiver. Any closure or suspension of use of the parklet for periods of greater than fourteen (14) days shall require approval of the City Manager.
In submitting the request, the permittee shall provide a plan for addressing the appearance and maintenance of the parklet during the suspension period.
3. Storage. No items, other than dining items (tables, chairs, and umbrellas), may be stored within the parklet area. All other equipment or furnishings, including heaters, host/hostess stands, and similar items must be stored indoors when not in use.
4. Music. Music in the parklet area shall be permitted pursuant to Chapter 92 of the Palm Springs Zoning Code (PSZC). No exceptions to the Noise Ordinance are permitted.
Item 1E - Page 14
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS
SOLUTIONS
RECOMMENDATION:
In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of office supplies from ODP Business Solutions, pursuant to the Omnia Cooperative Contract R190303 for an amount of $300,000 for an eighteen-month period with an option to extend for five additional years as outlined on the attached Participation Agreement.
1. Authorize the Interim City Manager to execute all necessary documents.2.
Attachments
Item 1F
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP
BUSINESS SOLUTIONS
FROM: Teresa Gallavan, Interim City Manager
BY: Procurement and Contracting Department
SUMMARY:
This action will authorize the purchase of office supplies from ODP Business Solutions, LLC (formerly Office Depot) by entering into a Participation Agreement for utilization of a cooperative contract.
RECOMMENDATION:
1. In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of office supplies from ODP Business Solutions, pursuant to the Omnia Cooperative Contract R190303 for an amo unt of $300,000 for an eighteen-month period with an option to extend for five additional years as outlined on the attached Participation Agreement (Attachment A).
2. Authorize the Interim City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to its Certificate of Status, Revised Bylaws, and Statement of Information, ODP Business Solutions ., is a Limited Liability Company formed in the State of Florida (Attachment B).
BACKGROUND:
The Procurement Department has been working diligently to revise the way the City purchases office supplies to make the process more transparent and efficient. The City is looking to move away from purchasing office supplies through a claim voucher process and removing limitations on the purchase of furniture to a Council approved agreement with purchase orders based on approved office supply budgets that allow more flexibility and transparency.
Item 1F - Page 1
City Council Staff Report
November 28, 2022-- Page 2
Purchase of Office Supplies
STAFF ANALYSIS:
An analysis of the yearly expenditures for office supplies has been conducted . The City has spent approximately $167,000 over the past fiscal year, not including furniture items.
An estimate was prepared of the total needs , including smaller furniture purchases, and the amount needed for each year is estimated to be $200,000 per year. Therefore, staff is looking to leverage the remaining term on the cooperative Omnia contract by entering into a participation agreement under that contract for $300,000 over an eighteen-month initial contract term. The eighteen-month period is based on the remaining term of the cooperative contract. The Cooperative has an option to extend the contract for an additional five years. If Omnia extends the contract, the City will have the ability to extend our participation in that contract also to include a possible five-year extension.
Therefore, staff is requesting approval to enter into an initial eighteen-month participation agreement with a five-year option to renew for an initial amount not to exceed $ 300,000 and approximately $200 ,000 a year for any option years that are exercised by the City Manager.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The requested action aligns with the City Council Priority 4D, Good Governance.
FISCAL IMPACT
:
Sufficient funds are budgeted and available in the current fiscal year in various departments’ budgets Account 50035 Materials and Supplies and will be budgeted in future fiscal years.
REVIEWED BY:
Procurement Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan
Item 1F - Page 2
City Council Staff Report
November 28, 2022-- Page 3
Purchase of Office Supplies
ATTACHMENTS:
A. Participation Agreement
B. Business Disclosure Form
Item 1F - Page 3
ATTACHMENT A
Item 1F - Page 4
1 EXECU
TION COPY
REGION 4
ESC PARTICIPATION AGREEMENT
BETW
EEN
CITY OF PALM SPRINGS
AND
ODP BUSINESS SOLUTIONS, LLC
This
Participation Agreement (“Participation Agreement”) of is made and entered into this November 21, 202
2 ("Effective Date"), by and between City of Palm Springs, located at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 (hereinafter referred to as the " Customer"), and ODP Business Solutions, LLC, a Delaware limited liability company, with principal offices located at 6600 North Military Trail, Boca Raton, FL 33496 (hereinafter referred to as "ODP").
RECITALS
WHEREA
S, on April 23, 2019, and effective as of June 1, 2019, Region 4 Education Service Center through OMNIA Partners, Public Sector (“ REGION 4 ESC ”) awarded ODP Contract No. R190303 for Office Supplies, Related Products and Services (the “ Master Agreement ”), which permits government entities to purchase goods and services in accordance with terms and conditions set forth in the Master Agreement;
WHEREAS, Customer has chosen to become a participating government agency under the Master Agreement, and Customer has registered with REGION 4 ESC to become a participating government agency and is eligible to purchase under the Master Agreement; and
WHEREA
S, the undersigned representative of Customer is authorized, on behalf of Customer, to contract with ODP for the purchase of office supplies, related products and services in accordance with the terms of the Master Agreement and this Participation Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated and in conjunction with the cooperative agreement referenced, the parties hereto agree to the following terms and conditions:
1. INCORPORATION
OF MASTER AGREEMENT.
The p
urpose of this Participation Agreement is to allow the Customer to purchase office supplies, related products and services from ODP at the discounted prices set forth in the Master Agreement.
To that end, the Master Agreement is hereby incorporated by reference as if set forth herein in its entirety, including all subsequent amendments thereto.
2. CREDIT T
ERMS.
Customer's c
redit limit shall be established by ODP’s credit department. ODP reserves the right to lower Customer’s credit limit or refuse to ship any orders if at any time: (a) Customer’s account is materially past due and Customer has not responded with a reasonable response within three (3) business days of written notice of said delinquency to work with ODP to resolve the issues; (b) in ODP’s commercially reasonable opinion, Customer’s credit standing becomes impaired as a result of Customer’s payment habits having slowed down to an unsatisfactory level with all non-critical suppliers including ODP; (c) Customer’s financial condition becomes unstable based on Customer’s financial reports or reputable third party ratings, or (d) if there are severe risk alerts from reputable third party credit bureaus.
3. NOTICES.
Al
l notices, requests, demands and other communications under this Participation Agreement shall be given in writing. Such notices shall be deemed to have been given when delivered in person or three (3) business days after being sent via certified mail or upon delivery if sent via reputable overnight delivery service and addressed to the appropriate party at its mailing address set forth below:
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 DocuSign Envelope ID: 4E660023-0A2F-4222-8A79-C452493BFC0E A9324
Item 1F - Page 5
I
2 EXECU
TION COPY
To Custo
mer: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Kim Baker
Procurement and Contracting Manager
To ODP : ODP Business Solutions, LLC
6600 North Military Trail
Boca Raton, FL 33496
Attn: Vice President
With a copy to: ODP Business Solutions, LLC
6600 North Military Trail
Boca Raton, FL 33496
Attn: Office of the General Counsel
5. TERM AND T
ERMINATION. This Agreement shall commence on the Effective Date and terminate June 30
, 2024, unless the term of the Master Agreement is extended, at which time this Agreement will continue through any renewal term of the Master Agreement, which is anticipated to be June 30, 2029. Either party may terminate this Participation Agreement for convenience by providing the other party sixty (60) days prior written notice.
6. COMPENSATION A
ND PAYMENT. This Agreement is for an amount not to exceed Two Hundred Thousan
d Dollars ($200,000.00) annually, subject to approved amendments and changes.
IN WITN
ESS WHEREOF, Customer and ODP have executed this Participation Agreement on the Effective Date.
ODP BU
SINESS SOLUTIONS, LLC CITY OF PALM SPRINGS
By
: __________________________________ APPROVED BY CITY COUNCIL:
Name: Sharalyn Sowers Date: _______ Item No. ________ Title
: Vice President
Date:
APPROV
ED AS TO FORM:
By: _____________________________
City Attorney
ATTEST:
By: _____________________________
Interim 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 $5,00
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 11/10/2022
DocuSign Envelope ID: 4E660023-0A2F-4222-8A79-C452493BFC0E Item 1F - Page 6
~ DocuSigned by:
L~c~~
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION
CERTIFICATION
Conflict of Interest . Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contracto r has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not d iscriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employmen t, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination a rising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms o f compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating t o non -discrimination in city contracting.
NAME OF CONTRACTOR/VENDOR: ___ODP Business Solutions, LLC_
NAME and TITLE of Authorized Representative:
(Print) ___Sharalyn Sowers____________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 11/10/2022
DocuSign Envelope ID: 4E660023-0A2F-4222-8A79-C452493BFC0E Item 1F - Page 7
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability compani es, 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.
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 Item 1F - Page 8
What Must I Disclose?
A. The names of all natural persons who are officers, directors, member s, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000 ) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.
What if I Have Questions?
PENALTIES
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.
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ATTACHMENT B
Item 1F - Page 10
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
ODP Business Solutions, LLC
2. Address of Entity (Principal Place of Business)
6600 North Military Trail
3. Local or California Address (if different than #2)
79-190 Hwy 111, La Quinta, CA 92253
4. State where Entity is Registered with Secretary of State Boca Raton, FL 33496
If other than California, is the Entity also registered in California? X Yes No
5. Type of Entity
X Corporation X Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
_Gerry P. Smith, CEO, The ODP Corporation________ X Officer Director Member Manager
[name] General Partner Limited Partner
X Other _Board of Directors/CEO____
David Centrella, President, ODP Business Solutions, LLC__________________ X Officer Director Member Manager
[name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other__________________________
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in
entity and name of entity]
A.
Blackrock Inc.
[name of owner/investor]
15.57%
[percentage of beneficial interest in
entity and name of entity]
B.
HG Vora Capital Management, LLC
[name of owner/investor]
10.91%
[percentage of beneficial interest in
entity and name of entity]
C.
Vanguard Group, Inc. (The)
[name of owner/investor]
10.41%
[percentage of beneficial interest in
entity and name of entity]
D.
Dimensional Fund Advisors LP
[name of owner/investor]
6.77%
[percentage of beneficial interest in
entity and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in
entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Sharalyn Sowers, Vice President
Date
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 11/10/2022
Item 1F - Page 12
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 bu siness 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 Califor nia 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%
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 Item 1F - Page 13
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9082 WITH UNITED RENTALS (NORTH AMERICA), INC. FOR EQUIPMENT RENTAL SERVICES RECOMMENDATION:
Approve Amendment No. 2 to Agreement A9082 (Attachment A) with United Rentals (North America), Inc. to provide equipment rental services in an additional amount of $225,000 for a total revised contract amount not to exceed $300,000 and extending the term through August 27, 2024.
1. Authorize the Interim City Manager or designee to execute all necessary documents.
2. Attachments
Item 1G
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9082 WITH UNITED RENTALS (NORTH AMERICA), INC. FOR EQUIPMENT RENTAL
SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Maintenance and Facilities
SUMMARY:
This action will approve Amendment No. 2 to Agreement A9082 with United Rentals (North America), Inc., in the amount of $225,000 for a total contract amount not to exceed $300,000 for equipment rental services and extend the agreement term through August 27, 2024.
RECOMMENDATION:
1. Approve Amendment No. 2 to Agreement A9082 ( Attachment A ) with United Rentals (North America), Inc. to provide equipment rental services in an additional amount of $225,000 for a total revised contract amount not to exceed $300,000 and extending the term through August 27, 2024.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form ( Attachment B), United Rentals is a corporation and registered in the State of Delaware.
BACKGROUND:
The City required the services of an equipment rental contractor for equipment rental services. By utilizing Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” the City was allowed to obtain equipment rental services through United Rentals (North America) Inc., under Sourc ewell Cooperative Contract 062320- URI.
Item 1G - Page 1
Therefore, the City signed a Contract Services Agreement with United Rentals on April 6, 2022, in an amount not to exceed $25,000 to meet the Facilities and Maintenance Departments immediate needs. The Department of Facilities and Maintenance requested Amendment No. 1 to add $50,000 in funding to the contract for a new not to exceed amount of $75,000. This amendment was signed by the City Manager on June 15, 2022.
Now due to the successful use of the contract, other City Departments are participating in the use of the contract and therefore a second amendment is now needed.
STAFF ANALYSIS:
Staff is requesting approval of Amendment No. 2 for the Aviation Department to be able to utilize this contract.
Facilities Maintenance, Fleet Operation, and Recreation Departments expend approximately $75,000 combined annually for e quipment rentals. The Aviation Department expends $225,0000 annually for equipment rentals. Therefore, increasing the contract to a not -to-exceed amount of $300,000 and increasing the term of the contract through August 27, 2024, will allow the equipment rental needs to be met by all participating departments.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities.
FISCAL IMPACT
:
Sufficient funds are budgeted and available in the current Fiscal Year 2022- 23 in Recreation A ccount 1004500-70000, Airport Account 4157050-40105, Fleet Account 5106560-40105, and Facilities Maintenance Account 5206570-40105.
Item 1G - Page 2
REVIEWED BY:
Department Director: David McAbee
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Amendment No. 2
B. Public Integrity Disclosure
Item 1G - Page 3
ATTACHMENT A
Item 1G - Page 4
AMENDMENT NO. 2 TO AGREEMENT A9082
EQUIPMENT RENTAL SERVICES
SOURCEWELL CONTRACT 062320-URI
BETWEEN THE CITY PALM SPRINGS AND UNITED RENTAL (NORTH
AMERICA), INC.
1. Parties and Date.
This Amendment No. 2 to Agreement No. A9082 is made and entered into as of this 28 th day
of November, 2022, by and between the City of Palm Springs (“City”) and United Rentals (North America), Inc., a Delaware corporation , ( “Corporation”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. T he City and Contractor have entered into an agreement entitled “Agreement A9082, Equipment Rental Services” dated April 6, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide equipment rental services.
2.2 Amendment No.1. On June 8, 2022, Parties entered into Amendment No. 1 to add $50,000 for a new not to exceed amount of $75,000.
2.3 Amendment N o. 2. T he City and Contrac tor desire to amend the A greement to add $225,000 for a new not to exceed amount of $300,000.00.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Compensation of Contractor. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount to Compensation shall not exceed $300,000.00.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations Item 1G - Page 5
they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1G - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 2 (A9082) BY AND BETWEEN THE CITY OF PALM SPRINGS AND UNITED RENTAL (NORTH AMERICA), INC.
IN WITNESS WHEREOF, the P arties 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
Item 1G - Page 7
ATTACHMENT B
Item 1G - Page 8
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
United Rentals (North America), Inc.
PO Box 051122
Los Angeles, CA 90074-1122
100 First Stamford Place, Suite 700
Stamford, CT 06902
California
Matthew J. Flannery
Joli Gross
Craig Pintoff
v'
v' ...,,
...,,
v'
Item 1G - Page 9
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Date
Craig Schmidt VP, National Accounts
11/11/2022
Item 1G - Page 10
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
APPROVE AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT A9092 WITH ALCLEAR, LLC DBA CLEAR
RECOMMENDATION:
Approve Amendment No. 1 to Non-Exclusive Operating and Lease Agreement A9092 with Alclear, LLC dba CLEAR to add screening pods in the main terminal lobby, adjust screening space from 120 square feet to 296 square feet effective November 1, 2022, and increase rental space from $14,271.96 to $22,141.44 per year.
1. Authorize the Interim City Manager or designee to execute all documents.2.
Attachments
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT A9092 WITH ALCLEAR, LLC DBA CLEAR
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
______________________________________________________________________
SUMMARY:
This action considers an amendment to the Non-E xclusive Operating and Lease Agreement A9092 between the Palm Springs International Airport and Alclear, LLC dba CLEAR, a provider of biometric passenger screening at the Palm Springs International Airport, to increase leasehold space in the main terminal lobby.
RECOMMENDATION
:
1. A pprove Amendment No. 1 to Non-Exclusive Operating and Lease Agreement A9092 with Alclear, LLC dba CLEAR ( Attachment A) to add screening pods in the main terminal lobby, adjust screening space from 120 square feet to 296 square feet effective November 1, 2022, and increase rental space from $14,271.96 to $22,141.44 per year.
2. Authorize the Interim City Manager or designee to execute all documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) and a Statement of Information filed with the California Secretary of State, Alclear, LLC dba CLEAR is a Limited Liability Company registered in the state of Delaware and its officers are Caryn Seidman-Becker and Kenneth Cornick.
BACKGROUND:
On April 7, 2022, City Council approved Agreement A9092 with CLEAR to lease A irport terminal space and provide biometric verifications of subscribing departing passengers at the Palm Springs International Airport . C LEAR’s service help s expedite the Transportation Security Administration “ TSA” security checkpoint processes for CLEAR Item 1H - Page 1
members, by reducing congestion and lessening passenger wait times . C LEAR passengers are escorted by a CLEAR employee to the TSA agent for screening through a designated lane at the security checkpoint.
STAFF ANALYSIS:
CLEAR has been successful since its start of operations at the Palm Springs International Airport in April 2022 and has provided screening to 46,558 passengers.
CLEAR operates in the Airport main terminal lobby and currently uses six screening pods covering a 176 square -foot area on the south side of the main doors. This area was previously estimated to measure 1 20 square feet and is b eing adjusted through Amendment No. 1 to increase the square footage.
Furthermore, CLEAR proposes to add three pods on the north side of the main doors occupying an area measuring 120 square feet, for a total screening space of 296 square feet as depicted in Figure 1 below. CLEAR proposes to utilize one pod to expand th eir regular screening and proposes to dedicate two pods to TSA PreCheck enrollments offering an added convenience to the traveling public and further expediting checkpoint processing.
Figure 1 - CLEAR Pods Locations in the Main Terminal Lobby
AIRPORT CENTRAL
LOBBY
PROPOSED PODS Footprint
3 Pods 15' x 8' = 120 sf
Item 1H - Page 2
The added combined space would result in a rent increase of $7,870 for a total of $22,141 per year. CL EAR continues to occupy 200 square feet of office space in the terminal which is not affected by this Amendment.
ALIGNMENT WITH STRATEGIC PLANNING:
N/A.
FISCAL IMPACT
:
Agreement A9092 is generating a yearly space rent of $14,271 and $.75 per unique member verification. The approval of Amendment No.1 will result in a rent increase of $7,870, bringing annual revenues to $22,141 to be credited to Airport Account 415.38105.
The revenue share for the unique member verification remains unchanged.
REVIEWED BY:
Department Director: Harry Barrett Jr.
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Amendment No. 1 to Non-Exclusive Operating and Lease Agreement A9092 B. Public Integrity Disclosure
Item 1H - Page 3
ATTACHMENT A
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Item 1H - Page 4
AMENDMENT NO. 1 TO LEASE A9092
Alclear, LLC dba CLEAR
NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT
AT THE PALM SPRINGS INTERNATIONAL AIRPORT
THIS AMENDMENT NO. 1 to that certain Non -Exclusive Operating and Space Lease Agreement No. A9092 (“Agreement”), is made and entered into this 1st day of November 2022 (the “Effective Date”) by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City” or “Lessor”), and Alclear, LLC dba CLEAR a Delaware Corporation (“Lessee”) registered in the State of California. City and Lessee may herein be referred to individually as a “Party” and collectively as “Parties.”
RECITALS
WHEREAS, on April 1, 2022, City and Lessee entered into that certain Agreement whereby Lessee would lease terminal use space at Palm Springs International Airport (“Airport”) to operate a Non-Aeronautical Commercial Activity consisting of a Registered Travel Program providing expedited security screening for passengers who are registered for Lessee’s membership service.
WHEREAS, the Parties wish to amend the Agreement by adjusting and adding space to the “Demised Premises” and increase the lease rental payments.
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Lessee mutually agree as follows.
AGREEMENT
1. Demised Premises. Section 1.1 of the Agreement is replaced in its entirety to read:
“The "Demised Premises" shall refer to that certain property consisting of 296 square feet of terminal space which will be occupied by screening pods and located in the Palm Springs International Airport terminal building and more particularly described in Exhibit "A" attached hereto, and 200 square feet of office space in the terminal building more particularly described in Exhibit "B" attached hereto.”
3. Lease Rental Payment. Section 1.4 of the Agreement is replaced in its entirety to read:
“Rental payment is due on the first day of each month of the agreement in the Item 1H - Page 5
amount of $1,101.12 for terminal lobby space (296 square feet) and $743.33 for terminal office space (200 square feet) for a total monthly rent of $1,844.45. The monthly rent shall be adjusted on June 1st of each year in an amount equal to the increase in the consumer price index for All -Urban Consumers (CPI -U) in the Riverside-San Bernardino-Ontario County, CA for the month of January preceding the adjustment date as compared to the preceding base index, or by applying a similar index if the CPI-U is not published or available. City shall send written notice of the applicable rent increase of each successive year along with documentation evidencing the calculation to arrive at that figure.
In addition, Lessee agrees to remit to Lessor a $0.75 fee for each Unique Member Verification performed in a particular month as measured by Lessor's automated data warehouse. This term shall not include duplicate transactions, Lessor's employee verifications, verifications made for testing or quality control purposes, or demonstration verifications.
Within fifteen (15) days after the end of each calendar month of the term hereof, commencing with the fifteenth (15
th
) day of the month following the
Commencement Date, and ending with the fifteenth (15
th
) day of the month
succeeding the last month of the Lease term, Lessee shall furnish Lessor a monthly report certified by Lessor to be correct, showing all transactions during the month and designating each type of transaction including the excluded transactions listed herein with sufficient details, and shall accompany each such statement with a payment to Lessor.
4. Full Force and Effect:
Except as expressly modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect.
5. Corporate Authority:
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are fully authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment, such Party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does no t violate any provision of any other agreement to which said Party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1H - Page 6
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO LEASE A9092
Alclear, LLC dba CLEAR
NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT
AT THE PALM SPRINGS INTERNATIONAL AIRPORT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
LESSEE:
By: By:
Title: Title:
Date: Date:
Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By:________________________ City Attorney City Clerk
APPROVED:
By: ____________________________ Date: _______________________ City Manager
Item 1H - Page 7
EXHIBIT “A-1”
SCREENING PODS LOCATION
AIRPORT CENTRAL
LOBBY
EXISTING PODS Footprint
6 Pods 22’ x 8’ = 176 sf
PROPOSED PODS Footprint
3 Pods 15’ x 8’ = 120 sf
..
Item 1H - Page 8
EXHIBIT “B-1”
OFFICE SPACE
SPACE TO BE
ENCLOSED
TOTAL 200 SQUARE FEET
AFTER CONSTRUCTION
Item 1H - Page 9
ATTACHMENT B
PUBLIC INTEGRITY DISCLOSURE
Item 1H - Page 10
1. 2.
3. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Alclear, LLC dba CLEAR
Address of Entity (Principle Place of Business)
65 East 55th Street, 17th Floor, New York, NY 10022
Local or California Address (If different than #2)
CSC Lawyers Incorporating Service- 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833
4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entitv also reaistered in California?~ Yes n No
5. Type of Entity
D Corporation~ Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Me.mbers, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response ls not a natural person, please identify all officers, dlrectors, members, managers and other flduclaries for the member, manager, trust or other entity Caryn Seidman-Becker ~ Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Kenneth Cornick El Officer D Director D Member D Manager [name)
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D Generat Partner D Limited Partner
OOthe.r
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
Item 1H - Page 11
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Alclear Holdings, LLC 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date ~ January 21, 2022 22:09 UTC
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
(Revised 09 13.18)
Item 1H - Page 12
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
APPROVE PURCHASE AGREEMENT NO. A9274 WITH ENNIS-FLINT, INC. FOR
PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Purchase Agreement No. A9274 (Attachment A) with Ennis-Flint, Inc. to provide paint for Palm Springs International Airport in an amount not to exceed $150,000 beginning December 01, 2022 through November 30, 2025, with two one-year extension options at the City’s sole discretion.
1. Authorize the Interim City Manager or designee to execute all necessary documents.
2. Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: A PPROVE PURCHASE AGREEMENT NO. A9274 WITH ENN IS-FLINT, INC. FOR PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Teresa Gallavan, Interim City Manager
BY: De partment of Aviation
SUMMARY:
This action will approve a three- year purchase agreement with two one- year options with Ennis-Flint, Inc. for paint for Palm Springs International Airport (Airport) in an amount not to exceed $150,000.
RECOMMENDATION:
1. Approve Purchase Agreement No. A9274 (Attachment A) with Ennis-Flint, Inc. to provide paint for Palm Springs International Airport in an amount not to exceed $150,000 beginning December 01 , 2022 through November 30 , 2025, wi th two one-year extension options at the City’s sole discretion.
2. A uthorize the Interim City Manager or desig nee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A copy of the Public Integrity Disclosure form for Ennis -Flint, Inc. is included as Attachment B.
STAFF ANALYSIS:
The Palm Springs International Ai rport is required to paint Runway 13R/31L (10,000 linear feet) every six weeks, and Runway 13L/31R (4,952 linear feet) twice a year. The areas painted are the runway center line, the airfi eld markings, the chevrons, touch- down points, runway numbers and lead- in lines. An estimated 125 gall ons of paint is used for this project every six weeks. In addition, the A irport must address a complete airfield painting including runway edge lines and designated markings on taxiways and the apron.
Item 1I - Page 1
Purchasing paint through this contract will represent a substantial savings for the Airport from $20,000 per tote (250 gallons of paint) last year , due to the scarcity of the product associated with the Covid supply chain, to $5,000 per tote this y ear and will give the Airport a sufficient buffer to address emergency needs.
The contract with Ennis-Flint, Inc. is an on-call, as-needed type contract. The bids were used to determine the lowest, responsive, responsibl e bidder and to s et the unit rates for the co ntract; however, the ac tual amount of the contrac t is ba sed on the budg eted amount set by the Department and will therefore not match the bid amounts.
An Invitation for Bids (IFB 23- 11) was initiated by the City’s Procurement & Contracting Department on October 10, 2022, based on the Department of A viation specifications.
Bids wer e sol icited directly via the City’s procurement vendor p ortal, PlanetBids. In addition, the IFB was advertised in The Desert Sun . Two bids were received by the October 27, 2022, deadline as follows:
Vendor Bid
Ennis-Flint, Inc. $88,522.50
Tops N Barricades Inc. $127,183.13
The unit pricing is fixed for the first year and subject to a CPI adjustment in the following years. Staff recommends approval of Purchase Agreeme nt No. A9274 with Ennis-Flint, Inc. for a three- year term w ith two one-year extension options at the City ’s sole discretion in an amount not to exceed $150,000.
ENVIRONMENTAL ASSESSMENT
:
The requested Ci ty Co uncil act ion is not a “Projec t” as defined by the Calif ornia Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in th e environment , or a re asonably foreseeable indirect physica l change in the environment. The requested action is to approve co ntracts f or t he abov e-mentioned services, and is exempt from CEQA pursuant to S ection 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of gover nments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING
: N/A
FISCAL IMPACT:
Funds for this Purchase Agreement are available in Airport Account 4157030-50035.
Item 1I - Page 2
REVIEWED BY:
Procurement & Contracting Manager Kim Baker
Department Director: Harry Barrett Jr.
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Agreement No. A9274
B. Public Integrity Disclosure
Item 1I - Page 3
ATTACHMENT A
AGREEMENT NO. A9274
Item 1I - Page 4
GOO
DS PURCHASE AGREEMENT A9274
PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
This Goods Purchase Agreement (“Agreement”) is made and entered into on December 01, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and ENNIS-FLINT, INC., a North Carolina Corporation with its principal place of business at 4161 Piedmont Parkway, Suite 370, Greensboro, NC 27410 (“Supplier”).
City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. D EFINITIONS.
A. “ Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City , ready for approval, testing and/or use as specified in Exhibit “ A,” attached hereto and incorporated herein by reference.
Section 2. I NSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under this Agreement . The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to r eject nonconforming goods, irrespective of City ’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
Section 3. W ARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material , and workmanship for a period of one year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under this Agreement. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment , or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval , or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this paragraph.
Item 1I - Page 5
C. For any br
each of the warranties contained in this Section, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City , including but not limited to, the costs of removal, repair , and replacement of the defective Goods, and reinstallation of new Goods . All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at it s own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend , and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section, City will not be limited to the remedies set forth in this Section, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 4. P RICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “B,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. The total amount of Compensation shall not exceed $150,000.00.
Section 5. C HANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.
Item 1I - Page 6
Section 6. P AYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “A”, then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application b y Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “ A”.
Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “ A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising ou t of Supplier ’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “ A” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against Item 1I - Page 7
City,
its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier , its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 7. S CHEDULE FOR DELIVERY.
The time of Supplier ’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “ A.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.
In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $ 0.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “ A”. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 8. T AXES.
Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. All other taxes, however denominated or measured, imposed upon the pr ice of the Goods provided hereunder, will be the responsibility of Supplier . In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier . Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
Section 9. I NDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status.
All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any w age claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 10. T ITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on Item 1I - Page 8
City pr
operty which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City . Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier ’s property used in the construction of the Goods but which does not become a part of the Goods.
Section 11. I NDEMNIFICATION.
A. To extent permitted by law, Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier , its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of damages, attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City . Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents , or volunteers shall be at Supplier’s own cost, expense , and risk.
Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents , or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents , and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Section 12. I NSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $1 ,000,000 per occurrence/ $2 ,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property dam age including coverage for owned, non- owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. 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:
Item 1I - Page 9
_________ requir
ed
____x_____ is not required;
4. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.
The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status . Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought , except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A- :VII, licensed to do business in California, and satisfactory to the City.
D. Evidence of Insurance . Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City .
All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
Section 13. L IENS.
Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier , subcontractor and suppliers agree that this provision Item 1I - Page 10
waiv
ing the right of Claims will be an independent covenant. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
Section 14. T ERM.
Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on December 1, 2022, and ending on November 30, 2025, unless extended by mutual written agreement of the Parties.
Section 15. T ERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.
In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier ’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier , and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under this Section, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City , make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to this Section, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the term inated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata co mpensation, City will promptly pay such amount Item 1I - Page 11
to S
upplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to this Section.
Section 16. F ORCE MAJEURE
Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting Goods described herein if such failure or delay is due to a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters ; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Goods); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. In the event of any such excus ed interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
Section 17. C ITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION A. Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Supplier, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Supplier or its successor, or for breach of any obligation of the terms of this Agreement.
B. Conflict of Interest. Supplier acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Supplier enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Supplier warrants that Supplier has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
C. Covenant Against Discrimination. In connection with its performance under this Agreement, Supplier shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Supplier shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Supplier certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Supplier activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Supplier is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
Item 1I - Page 12
Section 18. M ISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
SUPPLIER:
Ennis-Flint, Inc.
4161 Piedmont Pkwy., Ste 370
Greensboro, NC 27410
Attn: Crystal Gentry
Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City , which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
Item 1I - Page 13
J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
M. City’s Right to Employ Other Supplier s. City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]
Item 1I - Page 14
SIG
NATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF PALM SPRINGS
AND ENNIS-FLINT, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ________ Item No. ____
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
Item 1I - Page 15
EXHIBI
T “A”
CONTRACTOR’S
GOODS SPECIFICATIONS
Including
Schedule of Performance
[ATTACHED]
Item 1I - Page 16
1.1 Scope:
A. Contractor shall provide paint, traffic and airfield marking, waterborne (Work) for the Palm Springs International Airport (PSP) on an as -requested basis, in accordance with Federal Specifications TT-P-1952(E) dated August 6, 2007 (attached).
B. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.
C. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.
1.2 Adjustment of Services:
The City reserves the right to reduce or increase, or otherwise adjust the scope of services.
1.3 Warranty:
The Contractor shall provide a 1 year warranty on the paint. The City will not accept old stock.
1.4 Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.
3. T he City will only pay for the items listed on the bid form. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, travel, mileage, truck charges, fuel charges, service call charges, parking delivery, portal -to portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.
1.5 Payment:
The resulting contract for these services is an on- call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.
1.6 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back -up Item 1I - Page 17
document
ation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval.
1.7 Special Security Requirements – Palm Springs International Airport:
1. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov
b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
Item 1I - Page 18
11) Unlaw
ful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance. 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.
2. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel.
Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a Item 1I - Page 19
badge is i
ssued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.
All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.
Attendance of the video- based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.
3. Violations – All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.
Item 1I - Page 20
EXHIBI
T “B”
FEE SCHEDULE
[ATTACHED]
Item 1I - Page 21
ATTACHMENT F
BID FORM
INVITATION FOR BIDS IFB 23-11
PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
Responding to this IFB for paint for Palm Springs International Airport (PSP), on an as-requested basis, in accordance with Federal Specifications TT-P-1952(E) dated August 6, 2007, 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.
ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY 1 TT-P-1952E, Type 111, Yellow EA 9 $4152.50 $37,372.50 Airoort Paint 250 gallon tote 2 TT-P-1952E, Type Ill, White EA 9 $4152.50 $37,372.50 Airoort Paint. 250 aallon tote 3 TT-P-1952E, Type 11 1, Black EA 1 $4177.50 $4177.50 Airport Paint, 250 aallon tote 4 TT-B-1325 - Glass Beads, 40 EA 8 $1200.00 $9600.00
baQs per pallet
TOTAL $88,522.50
*Please note: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.
Certified by: D ane Alsabrook
Firm Name: Ennis-Flint, Inc.
Signature of Authorized Person: ---~--~-~~at~~~~---~~--- Printed Name: Dane Alsabrook
Title: Contract Administrator
Date: 10-19-22
Item 1I - Page 22
ATTACHMENT B
PUBLIC INTEGRITY DISCLOSURE
Item 1I - Page 23
ATTACHM ENT D
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS IFB 23-11
PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
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?
Item 1I - Page 24
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys , accountants, etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries , (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.
What if I Have Questions?
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.
Item 1I - Page 25
1. 2.
3. 4.
5. Name of Entity
Ennis-Flint , Inc.
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Address of Entity (Principal Place of Business)
4161 Piedmont Pkwy., Ste 370, Greensboro , NC 27410
Local or California Address (if different than #2)
n/a
State where Entity is Registered with Secretary of State NC
If other than California , is the Entity also registered in California? e] Yes D No Type of Entity
[81 Corporation D Limited Liability Company D Partnership D Trust D Other (please spec ify)
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
Edward Baiden [8j Officer Q9 Director D Member D Manager [name] D General Partner D Limited Partner
Other
Brice Hester ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
S. Kumar Nandan [R] Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
Laura Greer , Corporate Secretary
Greg E. Gordon , Assistant Corporate Secretary
John A. Jankowski , Treasurer
Item 1I - Page 26
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of ow ner/investor] [percentage of beneficial interest in entity and name of entity]
A. no owner rIas ,.no or more oene11cIaI interesi in uu NOT APPLICABLE Applicant Entity or a related entity
[name of owner /investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner /investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Sig~ loalU: e, Title Date
10-19-23
Dane Alsabrook, Director of Contract Admini stration
Item 1I - Page 27
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 compa ny
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership :
i. 50%
Item 1I - Page 28
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
APPROVE CONTRACT SERVICES AGREEMENT NO. A9253 WITH JULIO G.
ESCOBEDO, JR. DBA ESCOBEDO ENTERPRISES FOR ON-CALL LUGGAGE
CART DISPENSER MAINTENANCE SERVICES
RECOMMENDATION:
Approve Contract Services Agreement A9253 with Julio G. Escobedo, Jr. dba Escobedo Enterprises to provide on-call luggage cart dispenser maintenance services in an amount not to exceed $100,000, for the initial term beginning November 29, 2022 through November 28, 2025, with two one-year extension options at the City’s sole discretion.
1. Authorize the Interim City Manager or designee to execute all necessary documents.
2. Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. A9253 WITH JULIO G. ESCOBEDO, JR. DBA ESCOBEDO ENTERPRISES FOR ON-
CALL LUGGAGE CART DISPENSER MAINTENANCE SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
SUMMARY:
This action will approve a three- year agreement with two one- year options with Julio G.
Escobedo, Jr. dba Escobedo Enterprises (“Escobedo Enterprise”) in an amount not to exceed $100,000 for on-call luggage cart dispenser maintenance services at the Palm Springs International Airport.
RECOMMENDATION:
1. Approve Contract Services A greement A 9253 ( Attachment A ) with Julio G.
Escobedo, Jr. dba Escobedo Enterprises to provide on -call luggage car t dispenser maintenance services in an amount not to exceed $100 ,000, for the initial term beginning November 29, 2022 through November 28, 2025, with two one-year extension options at the City’s sole discretion.
2. Authorize the Interim City Manager or des ignee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure form for Escobedo Enterprises is included as Attachment B.
STAFF ANALYSIS:
The Palm Springs International Airport has two public luggage cart dispensers that require regular maintenance and occasional repair . The contract with Escobedo Enterprises is an on-call, as-needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contrac t; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
Item 1J - Page 1
An Invitation for Bids (IFB 23-08 ) was initiated by the C ity’s Procurement & Contracting Department on September 26, 2022 , based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor port al, PlanetBids. In addition, the IFB 23-08 was advertised in The Deser t Sun. One bid was received by the October 13, 2022, deadline as follows:
Vendor Bid
Escobedo Enterprises $75,000.00
Since only one bid was received, the pricing was analyzed by the Maintenance Supervisor and compared to prices paid in the past for lik e work and found to be fair and reasonable for the City. The Department of Aviation has used Escobedo Enterprises in the past and has been satisfied with the services rendered.
The contract is for three years with two one -year options to renew, and the unit pricing is fixed for the first year and subject to a CPI increase in the following years . Staff recommends approval of Contract Services Agreement A 9253 with Julio G. Escobedo, Jr. db a Escobedo Enterprises for a three -year term in the amount not to exceed $100,000 effective November 29, 2022 through November 28, 2025, subject to two optional one-year extensions at the sole discretion of the City.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
N/A
FISCAL IMPACT:
Funds for these services have been budgeted and are avai lable in Air port A ccount 4157050.40105.
Item 1J - Page 2
REVIEWED BY:
Department Director: Harry Barrett, Jr.
Procurement and Contracting Manager: Kim Baker
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Contract Services Agreement No. A9253
B. Public Integrity Disclosure
Item 1J - Page 3
ATTACHMENT A
CONTRACT S
ERVICES AGREEMENT NO. A9253
Item 1J - Page 4
CONTRACT SERVI
CES AGREEMENT A9253
ON-CALL LUGGAGE CART DISPENSER MAINTENANCE SERVICES
THIS AGREEMENT
FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 1, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and JULIO G. ESCOBEDO JR. DBA ESCOBEDO ENTERPRISES, a sole proprietor, (“Contractor”)
. City and Contractor are individually referred
to as “Party” and are collectively referred to as the “Par ties”.
RECITALS
A. City requires t he ser vices of a licensed and qualified firm to provide on- call maintena
nce services for the luggage cart dispensers and carts at the Palm Springs International Airport (P
SP), (“Project”).
B. C
ontr
actor has submitted to City a proposal to provide on-c all m aintenance se
rvices for the luggage cart dispensers and carts at the Palm Springs International Airport (PSP), 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 des
ires 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 val uable 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 c urrently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with La w. 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.
Item 1J - Page 5
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 performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agr eed 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 Contractor 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 with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $100,000.00.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services p erformed. 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 S ervices is reque sted by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
Item 1J - Page 6
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in E xhibit “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 t o be rendered under this Agreement may be extended because of any delays due to a Forc e Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Eve
nt. A
Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of t he follow ing: (1) Acts of God or other natural disasters occurr
ing at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governme
ntal 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 proclamati ons and or ders , rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a munici
pal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and exten d the time for performing the S ervices for the period of
the enforced delay when and if , in t he 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. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on December 1
, 2022, and ending on November 30, 2025, unless exte nded by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at
any t
ime, with or without cause, upon thirty (30) days written notice to Contractor . W here te
rmination is due to the fault of Contractor a nd 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 a
ny Services author ized by the Contract Officer after such notice. City shall not be liable for any c
osts other than the charges or portions thereof which are specified herein. Contractor shall
not be entitled to payment for unperformed S ervices and s hall not be entitled to damages or compens
ation for ter mination of Work. If the termination is for cause, the City sha ll have the right t
o 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 corr ective ac tion.
C
ontractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
Item 1J - Page 7
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 i n its behalf with respect to the specified Services: Julio G. Escobedo Jr. (name), Owner (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 suffi cient time to personally supervise the S ervices under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any decisions that must be made by City to the Co ntract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , its pr incipals an d 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 i n this Agreement including without limitation the insurance and indemnification requirements. If Contractor 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 ha ve any control over the manner, mode , or means by which Contractor , its agents or employees, perform the Services required, except as otherwise specified . Contractor shall perform all required Services as an 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 agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and 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 agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel Item 1J - Page 8
without t
he prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Titl e:
Julio G. Escobedo Jr. Own er
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 tot al compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upo n t he Contractor and all subcontractors to comply with all California Labor Code 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 (La bor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or 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 m aintain, 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, Item 1J - Page 9
judgme
nts, 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 Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent whi ch the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent j urisdiction, 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 per taining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contrac t 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, report s, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
Item 1J - Page 10
8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular busines s hours of City, Cont ractor 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, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make s uch items readily acces sible 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 concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Superio r C ourt of the County o f 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 Parties. 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 against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and 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 rem edy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are 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 cumulative . The exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e o r d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.
Item 1J - Page 11
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, t o recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to 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 City shall be personally liable to the Contractor , or any successor -in-interest, in the event of any default or breach by City or for any amount whi ch 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 finan cial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and w ill 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 e mployee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethn icity), sexual orient ation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any pr ohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item 1J - Page 12
writing an
d either served per sonally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its 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: Escobedo Enterprises
Attention: Julio G. Escobedo Jr.
670 W Edna Place
Covina, CA 91722
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 th e 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. Whenev er possible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary . Except as may be ex pressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. T he 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.
Item 1J - Page 13
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
12. F EDERAL PROVISIONS
Since funding for the Goods is provided, in whole or in part, by the F ederal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “C” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Prov isions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
Item 1J - Page 14
SIG
NATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND JULIO G. ESCOBEDO JR. DBA ESCOBEDO ENTERPRISES
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
Item 1J - Page 15
EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1J - Page 16
1.1 Background:
The Palm Springs International Airport (PSP) has 2 public luggage cart dispensers at the facility. T hese dispensers require regular maintenance and occasional repair. The carts require repair or replacements when damaged or lost.
1.2 Scope:
A. Contractor shall furnish labor, materials, and equipment to perform all required maintenance, service, and repairs of the p ublic luggage cart dispensers as PSP (Work) on an as-requested basis.
B. Response time: The Contractor shall respond to emergency calls for service or repair within twenty -four (24) hours. Emergency responses to include weekends , after-hours, and holidays.
C. General safety requir ements: The Contractor shall be responsible for all s afety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and r equire the Contractor to take appropriate action to ensure safety and code compliance.
D. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported , reviewed, and discussed with the facility manager.
1.3 Adjustment of Services:
The City reserves the right to reduce or increase, or otherwise adjust the scope of services.
1.4 Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. The unit prices may b e adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.
3. The City will only pay for the items listed on the bid form. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, travel, mileage, truck charges , fuel charges, service call charges, parking delivery, portal -to portal charges , environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontracto rs, ren tal of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.
1.5 Payment:
The resulting contract for these services is an on- call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the cont ract will be compensated on a time and material basis as outlined in the Invoicing Section.
1.6 Invoicing:
Item 1J - Page 17
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contrac tor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts re quired with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted wi th incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The Cit y shall not be responsible for payment until a correct invoice is recei ved. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Offi cer for approval. All invoices are to be sent as one document, per month to: @palmspringsca.gov.
1.7 Special Security Requirements – Palm Springs International Airport:
1. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal histor y Record s Check ( CHRC) and TSA Security Thre at Assessment (STA) – The Contractor will be required to submit the City , prior to the comme ncement of s ervices, an Authorized Signatory Aut hority Le tter authorizing specific Contractor representatives to app rove the issuance of Airport Ident ification badges a nd the processing of a fing erprint CHRC and STAs. Electronic links t o this letter and the Fingerprin t/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. U nder certai n ci rcumstances, and out of t he control of the City, sec urity measures m ay change on short notice . No de viations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contrac tor personnel who requir e unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge , must su ccessfully complete a fingerprint based CH RC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the a pplicant has not been convicted, or found not guilty by reason of insanity, of any of the disq ualifying crimes listed below or as sta ted in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unes corted access authority, or while the individual has unescorte d access au thority. The disqualifying c riminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506.
Item 1J - Page 18
8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) U nlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) K idnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance. 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) D ishonesty, fraud, or misrepresentation;
vi) P ossession or distribution of stolen property;
vii) Aggravated assault;
viii) B ribery; or
ix) Illegal possession of a con trolled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.
Item 1J - Page 19
2. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontracto rs requiring access to the work s ite shall, in accordance with the PS P Airport S ecurity Plan, be required to display airport issued identification or be under the escort by properly badged personnel .
Supervisors shal l be badged w ith a Palm S prings Inte rnational Airport Photo Badge. These badges will be identified numerically and iss ued to individual employees with a permanent record maintained on each individ ual to whom a badge is issued. At the completion of the c ontract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerpr inted for use i n an FBI Criminal Recor ds search. Any per son whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the proj ect site.
All required paperwork and ID badge applications shall be s ubmitted a minimum of two w eeks b efore issuanc e of any badge. The Contractor and its staff ar e responsible for attending SIDA training and completing security badge application.
Attendance of the video-based class and issuan ce of t he b adge may take in excess of 3 hours . There will b e a $ 50 charge (subje ct to change) for the FBI background check and fingerprinting process, and a $ 50 charge (subject to change) for the badge for a total of $100.00.
3. Violations – All violations of Airport security are also violations of the City of Palm Springs Municipal T itle 16, California Vehicle code and/or the Code of Federal Regulations. Any suc h violation may result in arres t, the issuance of a citation and/or the immediate revocation of access privileges.
Item 1J - Page 20
1.1 ATTACHMENT F
BID FORM
INVITATION FOR BIDS IFB 23-08
LUGGAGE CART DISPENSER MAINTENANCE SERVICES
Responding to this IFB for on-call luggage cart dispenser maintenance services, 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.
ESTIMATED UNIT PRICE SUBTOTAL
ITEM DESCRIPTION UNIT QUANTITY
1 Labor HR 500 $150.00/Hr. $75,000
TOTAL $75,000
ITEM DESCRIPTION % MARK-UP
· 2 Parts and Materials (Enter vour % mark-uo for oarts & materials) 30 *Please note: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.
Certified by: Julio G. Escobedo Jr.
Firm Name: Escobedo Enterprises
s;geature of Authorized Pe,so~P. 4"
Printed Name: Julio G. Escobe o Jr.
Title: Owner
Date: __,_/_o.,,_,;:....;./_"2.._,~/2-~_2._;;_ _____ ______ _ Item 1J - Page 21
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1J - Page 22
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 maint ain 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 i nsurance 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 c ommencement 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 st atutory 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 Item 1J - Page 23
contr
ibution it may have again st City, its elected officials, offic ers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions In surance 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 t he 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 Agreement for at least three years after completion of Contractor’ s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall b e 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 ar e 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 commences. City reserves the right to requir e Contractor’s insurers to provide complete, c ertified 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 with the following endorsements stated on the certificate:
A. "The City of Pa lm 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, “end eavor to” mail and "but failure to mail su ch notice shall impose no obligation or liabil ity of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
Item 1J - Page 24
D. B
oth the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected of ficials, 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 insura nce and endorsements are to be received and ap proved 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 t o 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) Contr actor 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.
Item 1J - Page 25
Exhibit C
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description Page No.
FAA - 01 Access to Records and Reports 18
FAA - 02 Affirmative Action Requirement * 19
FAA – 03 Breach of Contract 20
FAA – 04 Buy American Preferences * 21
FAA – 05 Civil Rights General 22
FAA – 06 Civil Rights – Title VI Assurances * 23
FAA – 07 Clean Air/Water Pollution Control 26
FAA – 08 Contract Work Hours and Safety Standards 27
FAA – 09 Copeland Anti-Kickback 28
FAA – 10 Davis Bacon Requirements 29
FAA – 11 Debarment and Suspension * 30
FAA – 12 Disadvantaged Business Enterprise * 31
FAA – 13 Distracted Driving 32
FAA – 14 Energy Conservation Requirements 33
FAA – 15 Drug Free Workplace (not applicable to Contractors) 34 FAA – 16 Equal Employment Opportunity 35
FAA – 17 Federal Fair Labor Standards Act * 42
FAA – 18 Lobbying Federal Employees 43
FAA – 19 Prohibition of Segregated Facilities 44
FAA – 20 Occupational Safety and Health Act 45
FAA - 21 Procurement of Recovered Materials 46
FAA – 22 Rights to Inventions 47
FAA – 23 Seismic Safety 48
FAA – 24 Tax Delinquency and Felony Conviction 49
FAA – 25 Termination of Contract 50
FAA – 26 Trade Restriction (Foreign) * 51
FAA – 27 Veteran’s Preference 53
*Solicitation Clause also
Item 1J - Page 26
FAA -
01 Access to Records and Reports
The Supplier must maintain an acceptable cost accounting system. The Supplier agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Supplier which are directly pert inent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Supplier agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA Order 5100.38 Item 1J - Page 27
FAA -
02 Affirmative Action Requirement
Not applicable.
Item 1J - Page 28
FAA – 03
Breach of Contract
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
Item 1J - Page 29
FAA – 04
Buy American Preferences
The Buy American Preference requ irement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produc ed in the United States. Specific Buy American requirements will be outline in the solicitation documents. If no requirements are found in the solicitation this clause if void.
Reference: Title 49 USC § 50101
Item 1J - Page 30
FAA – 05
Civil Rights General
The Supplier agrees to comply with pertinent statutes, Executive Orders and s uch rules as are promulgated to ensure that no person shall, on the grounds of race, cre ed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the Supplier and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
Item 1J - Page 31
FAA – 06
Civil Rights – Title VI Assurances
Compliance with Nondiscrimination Requirements:
During the performanc e of this contract, the Supplier , for itself, its assignees, and successors in interest (hereinafter referred to as the “Supplier”), agrees as follows:
1. Compliance wi th Regulations: The Supplier (hereinafter includes consultants) will comply with the Ti tle VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Supplier , with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Supplier will not participate directly or in directly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontrac ts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Supplier for work to be performed under a subcontract, including procurements of materials, or lease s of equipment, each potential subcontractor or supplier will be notified by the Supplier of the Supplier’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Supplier will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the s ponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.
Where any in formation required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Supplier will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what effort s it has made to obtain the information.
5. Sanctions for Noncompli ance: In the event of a Supplier’s noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Supplier under the contract until the Supplier complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
Item 1J - Page 32
6. In
corporation of Provisions: The Supplier will include the provisions of paragraphs one through s ix in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Supplier will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Supplier becomes involved in, or is threatened with litigation by a subcontractor, or supplier be cause of such direction, the Supplier may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Supplier may request the United States to enter into the litigation to protect the interests of the United States.
A6.4.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the perform ance of this contract, the Supplier , for i tself, its assignees, and successors in interest (hereinafter referred to as the “Supplier ”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non- discrimination in Federally -assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100- 209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the def inition of the ter ms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC Item 1J - Page 33
§§ 12131 – 12189)
as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal A viation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environm ental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English pr oficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
Reference: 49 USC § 47123, FAA Order 1400.11
Item 1J - Page 34
FAA – 07 C
lean Air/Water Pollution Control
If the Agreement ex ceeds $150,000, Supplier agrees to comply with all applicable standards, orders, and regul ations 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 Supplier agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Supplier must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G)
Item 1J - Page 35
FAA – 08 C
ontract Work Hours and Safety Standards
Not applicable.
Item 1J - Page 36
FAA – 09 C
opeland Anti-Kickback
Not applicable.
Item 1J - Page 37
FAA – 10 D
avis Bacon Requirements
Not applicable.
Item 1J - Page 38
FAA –
11 Debarment and Suspension
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Supplier must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Supplier, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Supplier will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of O fferer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered tr ansaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 Item 1J - Page 39
FAA – 12 D
isadvantaged Business Enterprise
Contract Assurance (§ 26.13) –
The Supplier or subcontractor shall not discriminate on the basis o f race, color, national origin, or sex in the performance of this contract. The Suppli er shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation- assisted contracts. Failure by the Supplier t o carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payment s;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Supplier from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under t his prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contracto r agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Reference: 49 CFR part 26
Item 1J - Page 40
FAA –
13 Distracted Driving
TEXTING WHEN DRIVING
In accordance wi th Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the City encourages the Supplier to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Supplier must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehi cle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
Item 1J - Page 41
FAA – 1
4 Energy Conservation Requirements
Supplier and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the stat e energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).
Reference: 2 CFR § 200, Appendix II(H)
Item 1J - Page 42
FAA –
15 Drug Free Workplace Requirements
The Drug- Free Workplace Act of 1988 requires some Federal co ntractors and all Federal grantees to agree that they will provide drug -free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grant ees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
Item 1J - Page 43
FAA –
16 Equal Employment Opportunity
A16.3.1 EEO Contract Clause
During the performance of this contract, the Supplier agrees as follows:
(1) The Supplier w ill not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Supplier will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, t he following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Supplier agrees to post in conspic uous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Supplier will, in all solicitations or advertisements for employees placed by or on behalf of the Supplier, state that all qualified applicants will receive considerations for emplo yment without regard to race, color, religion, sex, or national origin. (3) The Supplier will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provi ded advising the said labor union or workers’ representatives of the Supplier ’s commitments under this section and shall post copies of the notice in conspicuous pla ces available to employees and applicants for employment.
(4) The Supplier will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Supplier will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, 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 Supplier’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Supplier may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Supplier will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order Item 1J - Page 44
unl
ess exempted by rules, regulations, or orders of t he Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Supplier will take such action with res pect to any subcontract or purchase 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, l itigation with a subcontractor or vendor as a result of such direction by the administering agency the Supplier may request the United States to enter into such litigation to protect the interests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance P rograms (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Bla ck African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South A merican, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Supplier, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each s ubcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Suppli er 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 ass ociation, its affirmative action obligations on all work in the Plan area (including Item 1J - Page 45
goal
s 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 pa rticipation 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 Supplier shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employmen t and training of minority and female utilization the Supplier should reasonably be able to achieve in each construction trade in whi ch it has employees in the covered area. C overed construction contractors performing construction work in a geographical ar ea where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed.
Goals are published periodically in the Federal Register in notic e form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Supplier is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Supplier has a collective bargaining agreement to refer either minorities or women shall excuse the Supplier’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non- working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Supplier during the training period and the Supplier shall have made a commitment to employ the apprentices and trai nees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Supplier shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Supplier ’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Supplier shall document these efforts fully and shall implement affirmative action steps at least as extens ive as the following:
a. Ensure and maintain a working environment free of haras sment, intimidation, and coercion at all sites, and in all facilities at which the Supplier’s employees are assigned to work. The Supplier, where possible, will assign two or more women to each construction project. The Supplier shall specifically ensure that all foremen, superintendents, and other onsite Item 1J - Page 46
super
visory personnel are aware of and carry out the Supplier ’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Supplier or its unions have employment opport unities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and tel ephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Supplier by the union or, if referred, not employed by the Supplier, this shall be documented in the file with the reason therefore along with whatever additional actions the Supplier may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Supplier has a collective bargaining agreement has not referred to the Supplier a minority person or female sent by the Supplier , or when the Supplier has other information that the union referral process has impeded the Supplier’s efforts to meet its obligations. e. D evelop on-the- job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs a nd apprenticeship and trainee programs relevant to the Supplier ’s employment needs, especially those programs funded or approved by the Department of Labor. The Supplier shall provide notice of these programs to the sources compiled under 7b above. f. Di sseminate the Supplier ’s EEO policy by providing notice of the policy to unions a nd training programs and requesting their cooperation in assisting the Supplier in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specifi c 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 accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hi ring, assignment, layoff, termination, or other employment decisions, including s pecific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of the se meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Supplier ’s EEO po licy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written Item 1J - Page 47
notif
ication to and discussing the Supplier ’s EEO policy with other contractors and subcontractors with whom the Supplier does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, fem ale, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Supplier ’s recrui tment 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 Supplier shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for 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 discrim inatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Supplier ’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female 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 Supplier’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associa tions, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Supplier is a member and par ticipant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Supplier 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 Supplier ’s minori ty and female workforce participation, makes a good faith effort to meet its individual goals and Item 1J - Page 48
tim
etables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Supplier . The obligation to comply, however, is the Supplier’s and failure of such a group to fulfill an obligation shall not be a defense for the Supplier’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Supplier, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority a nd non- minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Supplier has achieved its goals for women generally), the Supplier may be in violation of the Executive Order if a specifi c minority group of women is underutilized.
10. The Supplier shall not use the goals and timeta bles or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Supplier shall not e nter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Supplier shall carry out such sanctions and penalties for violation of these specifica tions and of the Equal Opportunity Clause, 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 C ontract Compliance Programs. Any contractor who fai ls to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Supplier, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Supplier fails to comply with the requirements of the Executive Or der, the implementing regulations, or these specifications, the Director shal l proceed in accordance with 41 CFR part 60-4.8.
14. The Supplier shall designate a responsible official to monitor all employm ent related activity to ensure that the co mpany 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 secur ity 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 Item 1J - Page 49
for t
he hiring of local or other area residents (e.g. th ose 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
Item 1J - Page 50
FAA –
17 Federal Fair Labor Standards Act
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part -time workers.
The Supplier has full responsibility to monitor compliance to the referenced statute or regulation.
The Supplier must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq
Item 1J - Page 51
FAA –
18 Lobbying and Influencing Federal Employees
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and ha s not used Federal appropriated 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 cont ract, 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.
For an award over $100,00, the bidder or offeror certifies by signing and subm itting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an off icer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, 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. • 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 coope rative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. • The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A
Item 1J - Page 52
FAA – 19 P
rohibition of Segregated Facilities
Not applicable.
Item 1J - Page 53
FAA – 20 O
ccupational Safety and Health Act
All contracts and subcontracts that result from this solicitation incorporate by r eference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer ret ains full responsibility to monitor its compliance and their subcontractor’s complianc e with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
Item 1J - Page 54
FAA –
21 Procurement of Recovered Materials
Supplier and subcontractor agree to comply with Section 6002 of t he Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practic able, the Supplier and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA -designated items is available at www.epa.gov/smm/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 w ith the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act Item 1J - Page 55
FAA – 22 R
ights to Inventions
Contracts or agreements that include the p erformance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Supplier must include this requirement in all sub -tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR §401
Item 1J - Page 56
FAA -
23 Seismic Safety
Not applicable.
Item 1J - Page 57
FAA – 24 T
ax Delinquency and Felony Conviction
The Supplier must have certified under the procurement process that resulted in the award of this contract that:
• Supplier has not been convicted of a Federal felony within the last 24 months; or • Supplier does not have any outstanding tax l iability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1J - Page 58
FAA –
25 Termination of Contract
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1J - Page 59
FAA –
26 Foreign Trade Restriction
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Supplier certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Supplier must provide immediate written notice to the City if the Supplier learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Supplier must require subcontractors provide immediate written notice to the Supplier if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require es tablishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Supplier agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Supplier may rely on the certification of a prospective subcontractor that it is not a firm fro m a foreign country included on the list of countries that discriminate Item 1J - Page 60
against
U.S. firms as published by USTR, unless the Supplier has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which relia nce was placed when making an award. If it is later determined that the Supplier or subcontractor knowingly rendered an erroneo us certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Item 1J - Page 61
FAA – 27
Veteran’s Preference
In the employment of labor (excluding executive, administrative, and supervisory positions), the Supplier and all sub- tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans inc lude Vietnam -era veterans, Persian Gulf ve terans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1J - Page 62
ATTACHMENT B
PUBLIC INTEGRITY DISCLOSURE
Item 1J - Page 63
1. 2.
3. 4.
5. Name of Entity
Escobedo Enterprises
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Address of Entity (Principal Place of Business)
670 W Edna Place, Covina, CA 91722
Local or California 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: Sole Proprietorship
D Corporation D Limited Liability Company O Partnership O Trust X 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
Julio G. Escobedo Jr. D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
X Other: Owner
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
D Officer O Director O Member D Manager
[name] D General Partner D Limited Partner
Other
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity Item 1J - Page 64
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity}
A.
Julio G. Escobedo Jr. 100%, Escobedo Enterprises
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]
8. [name of owner/investor] [percentage of beneficial interest in entity and name of entity}
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
me, Title
Date I {J /n. /4 1-
,ey
Item 1J - Page 65
CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $171,568.50 FOR BARISTO ROAD SEWER PIPE SEGMENT, CITY PROJECT 22-41
RECOMMENDATION:
Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $171,568.50 for the Baristo Road Sewer Pipe Segment, City Project No. 22-41.
1. Authorize the Interim City Manager to execute all necessary documents.2.
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: A PPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $171,568.50 FOR BARISTO ROAD SEWER PIPE SEGMENT, CITY PROJECT 22-41
FROM: Teresa Gallavan, Interim City Manager
BY: Engineering Services Department
SUMMARY:
Approval of this item will authorize Veolia Water West Operating Services, Inc. (“Veolia”) to proceed with the repair of the sewer pipe segment in Baristo Road.
RECOMMENDATION:
1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $171,568.50 for the Baristo Road Sewer Pipe Segment, City Project No. 22-41; and,
2. Authorize the Interim City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Veolia Water West Operating Services, Inc. is a Delaware corporation and Tunnelworks Services Inc, is a California corporation. Public Integrity Disclosure Forms for each company are included as Attachment A.
BACKGROUND:
On November 4, 2015, the City Council approved a Wastewater Services Agreement with Veolia for operations and maintenance of the City’s sewer collection system and the WWTP (Wastewater Treatment Plant).
As part of their routine inspection of the City’s sewer collection system, Veolia discovered the existing sewer mainline in Baristo Road is deteriorating beginning at the intersection of Cerritos Drive and going easterly in Baristo Road. Veolia and City S taff agreed to fix Item 1K - Page 1
the pipe segment by hiring a contractor to coat the interior of the pipe to prevent future deterioration.
STAFF ANALYSIS:
In accordance with Section 5.3, “Capital Projects” of the Veolia Wastewater Services Agreement, Veolia recommended the City authorize a “Needed Capital Project”, and on July 5, 2022 the City authorized Veolia to proceed with the preparation of a request for proposals to repair the sewer pipe segment in Baristo Road.
In July 2022, Veolia issued a request for bids for the Project from the following firms:
Company Location Bid Amount Total w/markup
Tunnelworks Services, Inc. Whittier, CA $149,190.00 $171,568.50 Lucas Builders, Inc. La Habra, CA $183,580.00 $211,117.00 Sebastian Water Works Montebello, CA $186,713.00 $214,719.95
Tunnelworks Services, Inc. submitted the lowest responsive, responsible bid. Staff has reviewed the bids and recommends Veolia proceed with the work with Tunnelworks Services, Inc. as described in their proposal dated August 29, 2022, and included as Attachment B.
ENVIRONMENTAL ASSESSMENT
:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Baristo Road Sewer Pipe Segment, City Project No. 22-41, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority “Community Infrastructure”, specifically Priority 3B, 5-Year Capital Improvement Plan, in identifying high priority facilities.
FISCAL IMPACT
:
Funds are available in the Wastewater Capital Improvement Projects Fund for this project.
Item 1K - Page 2
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Public Integrity Disclosure Form
B. Proposal
Item 1K - Page 3
Attachment A
Item 1K - Page 4
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM