CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.
JANUARY 26, 2023
3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m.
Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
3:30 P.M. CLOSED SESSION
CALL TO ORDER:
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist.
Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION: See Closed Session Agenda.
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
January 26, 2023 City Council Regular Meeting Agenda 2 A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:
Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.
B. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of December 12, December 15, 2022, and January 7, January 12, and January 13, 2023.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 12-10-22 AND 12-24-22 TOTALING $4,400,085.74 AND ACCOUNTS PAYABLE WARRANTS DATED 12-08-22 AND 12-22-22 TOTALING $6,801,888.83, IN THE AGGREGATE AMOUNT OF $11,201,974.57, DRAWN ON BANK OF AMERICA."
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 31, 2022
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2022
E. APPROVE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
RECOMMENDATION:
Approve the roster of City Council subcommittees and representatives to external organizations.
1. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.
2. F. APPROVAL OF SISTER CITY PROGRAM AGREEMENT
January 26, 2023 City Council Regular Meeting Agenda 3 F. APPROVAL OF SISTER CITY PROGRAM AGREEMENT
RECOMMENDATION:
Approve the Sister Cities International Partnership Agreement between the cities of Palm Springs, CA, U.S., and San Miguel de Allende, Guanajuato, Mexico.
G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9068 WITH M. BREY ELECTRIC, INC. FOR ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $50,000 FROM THE GENERAL FUND
BALANCE
RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. A9068 with M. Brey Electric, Inc., to provide electrical maintenance and installation services in an additional amount of $150,000 for a total revised contract amount not to exceed $750,000 through April 10, 2025.
1. Appropriate $50,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. H. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $100,000 FROM GENERAL FUND BALANCE RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. A9071 with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in an additional amount of $300,000 for a total revised contract amount not to exceed $600,000 through April 10, 2025.
1. Appropriate $100,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. I. APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA TICKET, INC. TO PROVIDE PARKING CITATION MANAGEMENT SERVICES RECOMMENDATION:
Approve contract services agreement No. A9338 with Data Ticket, Inc. to provide parking citation processing and management services in an estimated amount of $20,861.80 annually for a period of five years.
1. Authorize the Interim City Manager to execute all necessary documents.2.
J. AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & January 26, 2023 City Council Regular Meeting Agenda 4 J. AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE PALM
SPRINGS INTERNATIONAL AIRPORT COMPREHENSIVE AIRPORT MASTER PLAN
RECOMMENDATION:
Approve contract services agreement No. 9391 with Mead & Hunt, Inc. to provide a comprehensive Airport Master Plan in 30 months in an amount not to exceed $2,275,816.
1. Appropriate funds in the amount of $2,275,816 from Airport Capital Project Fund Balance in Fiscal Year 2023.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE EQUIPMENT SALES & SERVICE, INC., DBA WESSCO, FOR TWO TRASH
COMPACTORS FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve contract services agreement 23B002 with Waste Equipment Sales & Service, Inc. dba Wessco to provide two new roll-off trash compactors at the Palm Springs International Airport in an amount not to exceed $123,451.41.
1. Appropriate $23,451.41 from Airport Fund 416 Special Capital Project Fund Balance.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. L. AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE 2023 PALM SPRINGS HEALTH RUN & WELLNESS FESTIVAL AT RUTH
HARDY PARK
RECOMMENDATION:
Authorize a waiver of City fees to Hocker Productions in the amount of $5,705 for support of the 2023 Palm Springs Health Run & Wellness Festival.
1. Authorize the Interim City Manager to execute all necessary documents.2.
M. APPROVE APPROPRIATION OF $405,000 FROM GENERAL FUND BALANCE
TO CODE COMPLIANCE DEPARTMENT FOR ABATEMENT SERVICES
RECOMMENDATION:
Approve appropriation of $405,000 from General Fund Balance to the Code Compliance Department for abatement services.
N. APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC.
January 26, 2023 City Council Regular Meeting Agenda 5 N. APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC.
FOR ON-CALL FENCE REPAIR AND INSTALLATION SERVICES
RECOMMENDATION:
Approve contract services agreement No. 23B003 with Moore Fence Company, Inc. to provide on-call fence repair and installation services for an amount not to exceed $300,000 beginning February 1, 2023, through January 31, 2026, 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. EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. APPEAL BY 12 @ LAS PALMAS, LLC OF THE DECISION OF THE PLANNING
COMMISSION TO CONDITIONALLY APPROVE A CONDITIONAL USE PERMIT,
MAJOR DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO
CONSTRUCT A 12-UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE (CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416)
RECOMMENDATION:
Open the hearing and receive public testimony.1.
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY 12 @ LAS PALMAS, LLC AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION TO APPROVE MAJOR DEVELOPMENT
PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP
APPLICATIONS FOR THE CONSTRUCTION OF A NON-GATED, 12-UNIT
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF
FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE, CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416.”
2. January 26, 2023 City Council Regular Meeting Agenda 6
3. BUSINESS & LEGISLATIVE:
A. APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT
STILES, ICMA-CM, AND VERBAL REPORT REGARDING COMPENSATION TERMS
RECOMMENDATION:
Verbally Report a Summary of Compensation; and1.
Approve Employment Agreement Appointing Scott Stiles as City Manager, effective March 6, 2023, and Setting Compensation and Other Terms of Employment.
2. B. A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 897 REQUIREMENTS FOR ACCESSORY DWELLING UNITS, CASE 5.1569 ZTA (4/5ths VOTE
REQUIRED)
RECOMMENDATION:
Waive the reading of the Ordinance text in its entirety, read by title only, and adopt an urgency Ordinance entitled, "AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.23.14 OF THE CITY OF PALM SPRINGS MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS, AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”
C. INTRODUCTION OF AN ORDINANCE, ENTITLED “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080,
RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY” RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.”
D. DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATES
SINGLE-FAMILY RESIDENTIAL LOTS
RECOMMENDATION:
Provide staff direction on issuance of a Request for Proposals to dispose of three single-family lots in the Desert Highlands Gateway Estates Community.
January 26, 2023 City Council Regular Meeting Agenda 7 E. PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77
PERTAINING TO ADULT-ORIENTED BUSINESSES AND AN UPDATE TO CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and read by title only.1.
Introduce on first reading an Ordinance entitled, " AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALMS SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS AND
AMENDING CHAPTER 11.10 RELATING TO PUBLIC NUDITY.”
2. PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on January 20, 2023, and posted on the City’s website as required by established policies and procedures.
____________________________
Brent Rasi,
Deputy City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the January 26, 2023 City Council Regular Meeting Agenda 8 Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
January 26, 2023 City Council Regular Meeting Agenda 9
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
3:30 P.M. CLOSED SESSION
Attachments
2023-1-26 Closed Session Agenda
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
CLOSED SESSION AGENDA
Thursday, January 26, 2023 – 3:30 p.m.
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.
PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760- 323-8204 to be added to the queue.
CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.
MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)
Three (3) matters that, in the opinion of the City C ouncil on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.
Claim No. 22- 0903, dated April 27, 2022, filed by Law Offi ces of Monrow Mabon and Barry J.
Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.
Claim No. 22- 0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants.
CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION GC.§ 54956.9(d)(4)
Under existing facts and circumstances, there are three (3) matters the City Council has decided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. § 54956.8
Property:
City Negotiator:
Negotiating parties:
Under negotiation:
3589 McCarthy Rd. Palm Springs, CA 92596; APN 669-420-019 Teresa Gallavan, Interim City Manager
County of Riverside Housing and Workforce Solutions
Price and terms of real property covenants
Closed Session Agenda
January 26, 2023
CONFERENCE WITH LABOR NEGOTIATOR G.C. § 54957.6
City Negotiators: Teresa Gallavan, Interim City Manager Jeremy Hammond, Deputy City Manager
Stephanie George, HR Director
Peter Brown, Legal Counsel
Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:
Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.
Attachments
Item 1A
CITY COUNCIL STAFF REPORT
DATE: January 26, 2023 CONSENT CALENDAR
SUBJECT: F
INDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Ter
esa Gallavan, Interim City Manager
BY: Brenda Pr
ee, City Clerk
RECOMMENDATION:
Find that t
he City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, C ommission, and Committee meetings may be held by videoconference, in accordance with AB 361.
BACKGROUND:
Governor N
ewsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.
In order t
o utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:
(1) state or
local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.
The City
Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.
City Staff
and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.
Item 1A - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
Virtual Meetings Under AB 361
As such, City S taff and the City Attorney recommend that t he City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.
FISCAL IMPACT:
T
here is no fiscal impact associated with this action.
REVIEWED BY:
Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
Item 1A - Page 2
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of December 12, December 15, 2022, and January 7, January 12, and January 13, 2023.
Attachments
Item 1B
Monday, December 12, 2022
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Monday, December 12, 2022, at 8:46 a.m.
ROLL CALL:
Present: Councilmembers Christy Holstege, Geoff Kors; Mayor Pro Tem Grace Garner; and Mayor Lisa Middleton
Absent: Kors was absent until 9:01 a.m. Dennis Woods absent (excused)
REPORT OF CLOSED SESSION:
The Special Closed Session of the City Council of December 1 2, 2022, was called to order by Mayor Middleton at 8:46 a.m., with three (3) members present.
The meeting convened into Closed Session to discuss the following items as listed on the Special Closed Session Meeting Agenda:
PUBLIC EMPLOYEE RECRUITMENT, Pursuant to Government Code Section 54957:
Employee: City Manager (Recruitment)
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54956.8:
City Designated Representatives: Ryan Guiboa, Assistant City Attorney Frank Rojas, Recruiter, Koff & Associates
Unrepresented Employee: City Manager
Item 1B - Page 1
City Council Minutes December 12, 2022
City of Palm Springs Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES ADJOURNMENT:
The City Council adjourned to the Regular City Council meeting of December 15, 2022.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: ___/____/____
Item 1B - Page 2
Monday, December 15, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, December 15, 2022, at 5:40 p.m.
PLEDGE OF ALLEGIANCE:
Boy Scout Troop 262 led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Geoff Kors, Christy Holstege, Dennis Woods; Mayor Pro Tem Grace Elena Garner; and Mayor Lisa Middleton
Absent: None
City Staff
Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and Monique Lomeli, Chief Deputy City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
JR Roberts with an update from the Palm Springs Plaza Theatre Foundation
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed to accept the agenda with no items removed for separate discussion.
PUBLIC COMMENT:
Rick Patelle
Michael Joseph Pitkin
Brad Anderson (did not speak)
Darrel Tyrell
James Williamson
Fred Noble
Ginny Foit
Item 1B - Page 3
City Council Minutes December 5, 2022
City of Palm Springs Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
1. CONSENT CALENDAR:
MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve the consent calendar with the removal of none.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361
B. APPROVAL OF MINUTES.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve City Council Meeting Minutes of November 28, 2022.
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 31, 2022, AND NOVEMBER 1 THROUGH NOVEMBER 30, 2022.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase orders.
D. REJECT ALL BIDS FOR THE AIRPORT COMMON USE PODIUMS – BONO CONCOURSE, CITY PROJECT NO. 21-28
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Reject the bid received on November 15, 2022 for Airport Common Use Podiums – Bono Concourse, City Project No. 21-28.
2. Authorize Staff to rebid the Project.
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2073 AUTHORIZE ANNEXATION NO. 26 TO COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SAFETY SERVICES)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:
Item 1B - Page 4
City Council Minutes December 5, 2022
City of Palm Springs Page 3
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2073 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 26, TRACT MAP NO. 37935 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1
F. ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:
Adopt a Resolution No. 25076 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.”
2. OUTGOING COUNCIL MEMBER COMMENTS
COUNCILMEMBERS KORS AND WOODS GIVES THEIR FINAL COMMENTS AS CITY COUNCIL BOARD MEMBERS.
*Recess taken at 6:32pm and resumed at 6:37pm*
3. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED PUBLIC OFFICIALS Dr. Oscar Chamudes administer Oath of Office to Jeffrey Bernstein. Former Mayor Odom to administer Oath of Office Ron deHarte.
4. INCOMING COUNCIL MEMBER COMMENTS
Jeffrey Bernstein gave comments and thanks. Ron deHarte gave comments and thanks.
5. APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
Motion to appoint Grace Garner as Mayor – Motion by Councilmember Middleton, second by Councilmember Holstege, carried 5-0.
Pursuant to Resolution no. 24593, appoint Grace Garner to serve as Mayor and Jeffrey Bernstein to serve as Mayor Pro Tem for the terms ending December 2023.
Former Mayor Middleton administers Oath of Office as Mayor to Mayor Grace Garner.
Motion to appoint Jeffrey Bernstein as Mayor Pro Tem – Motion By Mayor Garner, second by Councilmember deHarte, carried 5-0.
Item 1B - Page 5
City Council Minutes December 5, 2022
City of Palm Springs Page 4
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
6. OUTGOING AND INCOMING MAYOR COMMENTS
Former Mayor Middleton giving outgoing comments. Mayor Garner giving incoming comments.
PUBLIC COMMENT:
Michael Joseph Pitkin, resident
Mitchell Battersby, resident
Allison Hoskins, resident
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan thanks outgoing members and Mayor. Welcomes incoming members and Mayor.
ADJOURNMENT:
The City Council adjourned on Thursday, December 15, 2022, at 7:17 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: __/__/2022
Item 1B - Page 6
Saturday, January 7, 2023
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Saturday, January 7, 2023, at 9:21 a.m.
ROLL CALL:
Present: Councilmembers Ron deHarte, Christy Holstege, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein, and Mayor Grace Garner
Absent: None
REPORT OF CLOSED SESSION:
The Special Closed Session of the City Council of January 7, 2023, was called to order by Mayor Garner at 9:21 a.m., with five (5) members present.
The meeting convened into Closed Session to discuss the following items as listed on the Special Closed Session Meeting Agenda:
PUBLIC EMPLOYEE RECRUITMENT, Pursuant to Government Code Section 54957:
Employee: City Manager (Recruitment)
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Designated Representatives: Jeffrey S. Ballinger, City Attorney Frank Rojas, Recruiter, Koff & Associates
Unrepresented Employee: City Manager
Item 1B - Page 7
City Council Minutes January 7, 2023
City of Palm Springs Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES ADJOURNMENT:
The City Council adjourned at 1:39 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: ___/____/____
Item 1B - Page 8
Thursday, January 12, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, January 12, 2023 , at 5:32 p.m.
PLEDGE OF ALLEGIANCE:
Ally Seward, Senior at Palm Springs High School she is President of Future Business Leaders of America and Academy of Business Leadership and Entrepreneurship.
ROLL CALL:
Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.
Absent: None.
City Staff
Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and Cassandra Edney, Deputy City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
None.
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed to accept the agenda with Consent Item No’s 1H and 1I removed for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of January 12, 2023 was called to order by Mayor Garner at 3:07 p.m., with five members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action.
Item 1B - Page 9
City Council Minutes January 12, 2023
City of Palm Springs Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
MOTION MADE BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to add existing litigation.
Palm Springs Promenade, LLC., v. Department of Industrial Relations, City of Palm Springs – Riv. Sup. Ct. No. CVPS22204053
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1)
Barnett v. City of Palm Springs, et al., USDC, Central District of California, No.:
5:21cv1965
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Four (4) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.
Claim No. 22- 0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.
Claim No. 22- 0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants.
CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are t hree (3) matters the City Council has decided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants
CONFERENCE WITH REAL LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6
City Negotiators: Teresa Gallavan, Interim City Manager Item 1B - Page 10
City Council Minutes January 12, 2023
City of Palm Springs Page 3
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
Jeremy Hammond, Deputy City Manager
Stephanie George, HR Director
Peter Brown, Legal Counsel
Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs P olice Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighter Association (PSFA)
Palm Springs Fire Management (PSFMA)
PUBLIC EMPLOYEE APPOINTMENT, Pursuant to Government Code Section 54957
Title: City Manager Recruitment
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6
City Designated Representatives: Jeffrey S. Ballinger, City Attorney Frank Rojas, Recruiter, Koff & Associates
Unrepresented Employee: City Manager
PUBLIC COMMENT:
Michael Joseph Pitkin
David Feltman
David Murphy
1. CONSENT CALENDAR:
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0 to approve the consent calendar with abstention on 1B for deHarte and Bernstein, Recusal for 1C for Councilmember Middleton and pull for separate discussion 1H and 1I.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state Item 1B - Page 11
City Council Minutes January 12, 2023
City of Palm Springs Page 4
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.
B. APPROVAL OF MINUTES:
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-0-2 (deHarte, Ron and Bernstein, Jeffrey) to approve the City Council Meeting Minutes of December 5, 2022.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0-1(recusal, Middleton, Lisa) to a
dopt a Resolution No. 25078
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 11-12-22 AND 11-26-22 TOTALING $4,623,724.67 AND ACCOUNTS PAYABLE WARRANTS DATED 11-10-22 AND 11- 23-22 TOTALING $12,683,747.75, IN THE AGGREGATE AMOUNT OF $17,307,472.42, DRAWN ON BANK OF AMERICA."
D. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING
SCHEDULE FOR 2023
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0 to adopt
a Resolution No. 25075 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 24947.”
E. MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to adopt
a Resolution No. 25079 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE MODIFICATION OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS.” and a uthorize the Interim City Manag er to execute all necessary documents.
F. AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF $117,710.32 FROM ALLSTAR FIRE EQUIPMENT, INC
Item 1B - Page 12
City Council Minutes January 12, 2023
City of Palm Springs Page 5
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0 to – (Interim City Manager made note of the distribution amounts, full amount stays the same);
1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code, “Cooperative Purchasing Programs”, authorize the purchase of 37 sets of turnout gear for t he Palm Springs Fire Department from Allstar Fire Equipment Inc., pursuant to Sourcewell Cooperative Purchasing Contract 032620- LIO, in the amount of $117,710.32.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
G. AMENDMENT NO. 3 TO AGREEMENT NO. A8884 WITH TYSEN KNIGHT
PRODUCTIONS FOR MINOR REPAIRS AND MAINTENANCE OF PUBLIC ARTS
PROJECTS
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve Amendment No. 3 to Agreement No. 8884 with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $20,000.
H. APPROVE PUBLIC ARTS FUNDING IN THE AMOUNT OF $20,000 FOR THE ASPHALT ART PROJECT ADJACENT TO THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER LOCATED AT 480 WEST TRAMVIEW ROAD
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve funding in the amount of $20,000 of Public Art Funds for an Asphalt Art Project adjacent to the James O. Jessie Desert Highland Unity Center to be completed with good materials only.
I. RATIFY CONTRACT AMENDMENT FOR TEMPORARY OVERNIGHT
SHELTER SERVICES IN THE AMOUNT OF $105,464
MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to;
1. Ratify Amendment No. 3 to Agreement No. A8922 with Martha’s Village and Kitchen, increasing the contract amount by $105,484 for a total contract amount not to exceed $317,534 for temporary overnight shelter services from January 2, 2023, to February 28, 2023.
2. Authorize the Interim City Manager to make minor changes and execute all necessary documents.
J. APPROVE A PLAN AMENDMENT TO THE CITY OF PALM SPRINGS
RETIREMENT HEALTH SAVINGS PLAN TO INCLUDE MANDATORY
Item 1B - Page 13
City Council Minutes January 12, 2023
City of Palm Springs Page 6
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM
SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBE R HOLSTEGE, CARRIED 5-0 to;
1. Adopt a Resolution No. 25080 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
MODIFYING THE CITY OF PALM SPRINGS RETIREMENT HEALTH
SAVINGS PLAN AGREEMENT TO INCLUDE EMPLOYEE
COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS
FIREFIGHTER ASSOCIATION EMPLOYEES.”
2. Authorize the Interim City Manager to execute all documents necessary to effectuate this action.
K. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 23 -24A AND 23 -24B) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO SECTION 34169(G)(1) OF
CALIFORNIA HEALTH & SAFETY CODE
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25081 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
L. APPROVE AN AMENDMENT TO AGREEME NT A8503 WITH TYLER
TECHNOLOGIES, INC. TO ADD PAYROLL, HR, AND BUDGET PREPARATION MODULES FOR $256,531 AND ADJUSTING THE FIVE -YEAR CONTRACT TOTAL TO $3,842,497
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to;
1. Approve an amendment to Agreement A8503 with Tyler Technologies, Inc. to add payroll, HR, and budget preparation modules for $256,531, including implementation costs, adjusting the five-year contract total to $3,842,497.
2. Approve a contingency of $18,900 for unanticipated implementation costs.
3. Appropriate $256,531 from Capital Projects fund balance.
Item 1B - Page 14
City Council Minutes January 12, 2023
City of Palm Springs Page 7
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
M. APPROVAL OF AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to;
1.Adopt a Resolution No. 25082 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2022 -2023, ADOPTED BY RESOLUTION NO. 25033.”
2.Authorize the Interim City Manager to execute all documents necessary to effectuate this action.
N. TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND
AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING RIVERSIDE
COUNTY TRANSPORTATION COMMISSION TRANSACTIONS AND USE TAX
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to;
1. Approve the Tribal Sales Tax Agreement.
2. Authorize the Interim City Manager (or her designee) to execute the Tribal Sales Tax Agreement, as well as any other documents necessary to carry out the Agreement.
O. RATIFY THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to appoint Tony Michaelis, representing the City of Cathedral City, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2024.
P. ACCEPTANCE OF RESIGNATIONS FROM THE AIRPORT COMMISSION,
HUMAN RIGHTS COMMISSION, AND SUSTAINABILITY COMMISSION
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0 to accept with regret the resignation of Thomas Weil from the Airport Commission, Terrie Andrade from the Human Rights Commission, and Randy Evans from the Sustainability Commission.
Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 2074 APPROVING A
GENERAL PLAN AMENDMENT AND A ZONING TEXT AMENDMENT TO
MODIFY RESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE Item 1B - Page 15
City Council Minutes January 12, 2023
City of Palm Springs Page 8
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
DESIGNATION AND TO REVISE LEGAL NON- CONFORMING CRITERIA TO
ALLOW CONVERSION OF CERTAIN HOTEL USES TO MULTIFAMILY
RESIDENTIAL APARTMENT USES (CASE NO. 5.1549 GPA & 5.1539 ZTA)
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0 to waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2074, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539 ZTA,
ZONE TEXT AMENDMENT, TO AMEND THE PALM SPRINGS ZONING CODE BY ADDING SECTION 94.05.085 TO REVISE LEGAL NON -CONFORMING CRITERIA
TO ALLOW FOR CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A CONDITIONAL USE PERMIT (CASE 5.1539 ZTA).”
R. SECOND READING AND ADOPTION OF ORDINANCE NO. 2076 APPROVING AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566 ZTA)
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0 to waive
the second reading of text in its entirety, read by
title only, and adopt Ordinance No. 2076, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 92.00 OF
THE PALM SPRINGS ZONING CODE RELATED TO THE ZONING
REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566 ZTA).”
S. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $598,828 FOR LIFT STATION NO. 1 IMPROVEMENTS, CITY PROJECT 22-43
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to;
1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $598,828 for Lift Station No. 1 Improvements, City Project No. 22-43
2. Authorize the Interim City Manager to execute all necessary documents.
2. PUBLIC HEARINGS:
A. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2022
CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS), THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA
MECHANICAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA Item 1B - Page 16
City Council Minutes January 12, 2023
City of Palm Springs Page 9
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
ENERGY CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, AND ADOPTING AND AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to;
1. Open the public hearing and receive public testimony.
2. Waive the second reading of the ordinance text in its entirety and adopt an Ordinance No. 2078 entitled, “AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING
BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS, AND DELETIONS, THE 2022 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA
PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL
APPENDICES."
3. Waive the second reading of the ordinance text in its entirety and adopt an Ordinance No. 2079 entitled, “AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING
BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS, AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES.”
3. BUSINESS & LEGISLATIVE:
A. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES,
CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS.
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5- 0 to review and make appointments to the City Council Subcommittees, City Representatives to Projects, Liaisons to City Commissions and Boards and Representatives to External Organizations. Adopt FPPC Form 806, Authorize the City Clerk to prepare and execute FPPC Form 806 Public Official Appointments , and direct the City Clerk to post on the City’s website as required.
Item 1B - Page 17
City Council Minutes January 12, 2023
City of Palm Springs Page 10
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
PUBLIC COMMENT:
Michael Joseph Pitkin, resident
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Ga llavan and the City Council discussed the tentative upcoming meeting schedule and agenda items.
ADJOURNMENT:
The City Council adjourned on Thursday, January 12, 2023, at 7:32 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: __/__/2022
Item 1B - Page 18
Friday, January 13, 2023
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Friday, January 13, 2023, at 2:37 p.m.
ROLL CALL:
Present: Councilmembers Ron deHarte, Christy Holstege, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein, and Mayor Grace Garner
Absent: None
REPORT OF CLOSED SESSION:
The Special Closed Session of the City Council of January 13, 2023, was called to order by Mayor Garner at 2:37 p.m., with five (5) members present.
The meeting convened into Closed Session to discuss the following items as listed on the Special Closed Session Meeting Agenda:
PUBLIC EMPLOYEE RECRUITMENT, Pursuant to Government Code Section 54957:
Employee: City Manager (Recruitment)
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Designated Representatives: Jeffrey S. Ballinger, City Attorney Frank Rojas, Recruiter, Koff & Associates
Unrepresented Employee: City Manager
At 4:41 p.m. MOTION CARRIED 5-0 to extend Candidate an offer.
Item 1B - Page 19
City Council Minutes January 13, 2023
City of Palm Springs Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES ADJOURNMENT:
The City Council adjourned at 4:42 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: ___/____/____
Item 1B - Page 20
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 12-10-22 AND 12-24-22 TOTALING $4,400,085.74 AND ACCOUNTS PAYABLE WARRANTS DATED 12-08-22 AND 12-22-22 TOTALING $6,801,888.83, IN THE AGGREGATE AMOUNT OF $11,201,974.57, DRAWN ON BANK OF AMERICA."
Attachments
Item 1C
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 12-10-22 AND 1 2-24-22 TOTALING
$4,400,085.74 AND ACCOUNTS PAYABLE WARRANTS
DATED 12-08-22 AND 12-22-22 TOTALING $6,801,888.83,
IN THE AGGREGATE AMOUNT OF $ 11,201,974.57,
DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and
WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Acting Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 26TH DAY OF JANUARY, 2023
.
TERESA GALLAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1C - Page 1
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
CITY CLERK
Item 1C - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Acting Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
FLEX SAVINGS ACCOUNT
PAY DAT
E 12/16/2022
January 26, 2023
PAYROLL PERIOD ENDING 12/10/2022
Transaction Type Check Numbers Amoun t
PAYROLL CHECK REGISTER 422198-422224 41,760.59
DEFERRED COMP: ICMA 457 40,518.30
LIABILITY CHECK REGISTER 2007601-2007614 24,694.23
PAYROLL DIRECT DEPOSITS 1,445,066.38
FEDERAL TAXES 293,309.90
STATE TAXES 95,901.43
10,110.33
VENDOR WIRE PYMTS 4,211.20
DEFERRED COMP: NATIONWIDE 25,175.57
ICMA RHS CONTRIBUTION 20,012.50
CA DCCS 2,670.04
TOTAL 2,003,430.47
Payroll Wires and Warrants Memo for Council 2022.xlsx | 01262023 |1/17/2023 | 2:11 PM (AM) 1 | 1 Item 1C - Page 3
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Acting Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
FLEX SAVINGS ACCOUNT
PAY DAT
E 12/30/2022
January 26, 2023
PAYROLL PERIOD ENDING 12/24/2022
Transaction Type Check Numbers Amoun t
PAYROLL CHECK REGISTER 42225--422235 17,307.01
DEFERRED COMP: ICMA 457 405.80
LIABILITY CHECK REGISTER 2007841-2007843 1,713.22
PAYROLL DIRECT DEPOSITS 1,820,427.12
FEDERAL TAXES 416,431.58
STATE TAXES 138,925.00
-
VENDOR WIRE PYMTS -
DEFERRED COMP: NATIONWIDE -
ICMA RHS CONTRIBUTION -
CA DCCS 1,445.54
TOTAL 2,396,655.27
Payroll Wires and Warrants Memo for Council 2022.xlsx | 01262023 (2) |1/17/2023 | 2:12 PM (AM) 1 | 1 Item 1C - Page 4
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/08/2022 10:26
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007449 12/08/2022 PRINTED 104098 AC CREW HEATING AND AIR 209.22 2007450 12/08/2022 PRINTED 100912 ALPHA MEDIA LLC 2,612.00 2007451 12/08/2022 PRINTED 101380 AMERICAN MEDICAL RESPONSE 3,230.00 2007452 12/08/2022 PRINTED 015669 NICHOLAS ANDRE 152.19 2007453 12/08/2022 PRINTED 100668 ASCAP 22.50 2007454 12/08/2022 PRINTED 103190 BELFOR USA GROUP, INC. 3,072.22 2007455 12/08/2022 PRINTED 015914 ARWEL BERMUDO 268.62 2007456 12/08/2022 PRINTED 104097 JOHN BEVAN 1,562.10 2007457 12/08/2022 PRINTED 015894 SCOTT BIEGEN 30.00 2007458 12/08/2022 PRINTED 015535 KIMBERLEY BOWMAN 150.00 2007459 12/08/2022 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 99,861.00 2007460 12/08/2022 PRINTED 100017 BUREAU OF INDIAN AFFAIRS 1,641,691.57 2007461 12/08/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 5,162.92 2007462 12/08/2022 PRINTED 104102 CA DEPT OF FISH AND WILDI 646.00 2007463 12/08/2022 PRINTED 010001 MANUEL CALVILLO 163.13 2007464 12/08/2022 PRINTED 103633 CARAHSOFT TECHNOLOGY CORP 61,660.50 2007465 12/08/2022 PRINTED 016061 SHAWN CARLIN 660.00 2007466 12/08/2022 PRINTED 016155 JAVIER CARRILLO 54.95 2007467 12/08/2022 PRINTED 101477 CASL INTERPRETING 425.00 2007468 12/08/2022 PRINTED 100112 CDW GOVERNMENT INC 585.60 2007469 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2007470 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 206.04 2007471 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2007472 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,213.24 2007473 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,319.45 2007474 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 182.06 2007475 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2007476 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 182.06 2007477 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007478 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2007479 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007480 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2007481 12/08/2022 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2007482 12/08/2022 PRINTED 100558 CINTAS CORPORATION 877.12 2007483 12/08/2022 PRINTED 100558 CINTAS CORPORATION 211.55 2007484 12/08/2022 PRINTED 100573 CLEAN ENERGY FUELS 3,662.36 2007485 12/08/2022 PRINTED 016076 PATRICK CLIFFORD 554.38 2007486 12/08/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 11,177.04 2007487 12/08/2022 PRINTED 100387 COACHELLA VALLEY ECONOMIC 95.00 2007488 12/08/2022 PRINTED 015898 JOSEPH COOK 660.00 2007489 12/08/2022 PRINTED 103771 CORE COMPLIANCE LLC 3,500.00 2007490 12/08/2022 PRINTED 101598 CORODATA RECORDS MANAGEME 118.54 2007491 12/08/2022 PRINTED 100205 NANCY K BOHL INC 275.00 2007492 12/08/2022 PRINTED 001844 DONALD CRAGER 301.99 2007493 12/08/2022 PRINTED 100179 DAVES TOWING SERVICE 168.00 2007494 12/08/2022 PRINTED 015590 ARASELI DE LA ROSA 30.00 2007495 12/08/2022 PRINTED 100265 DELL MARKETING LP 2,385.26 2007496 12/08/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 226.00 2007497 12/08/2022 PRINTED 100984 DTPS C-15 LLC 3,182.71 2007498 12/08/2022 PRINTED 100054 DESERT WATER AGENCY 41,219.54 2007499 12/08/2022 PRINTED 100054 DESERT WATER AGENCY 17,125.19 2007500 12/08/2022 PRINTED 100054 DESERT WATER AGENCY 575.66 Item 1C - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/08/2022 10:26
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007501 12/08/2022 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 63,095.87 2007502 12/08/2022 PRINTED 100750 ELM USA INC 457.87 2007503 12/08/2022 PRINTED 100274 ENGINEERING RESOURCES OF 585.00 2007504 12/08/2022 PRINTED 101264 EVERLAST CLIMBING INDUSTR 2,638.17 2007505 12/08/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 65.75 2007506 12/08/2022 PRINTED 010803 KELLY FIEUX 180.63 2007507 12/08/2022 PRINTED 010958 SHAWN FLINN 660.00 2007508 12/08/2022 PRINTED 103949 FRESHWORKS INC 1,162.35 2007509 12/08/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 60.52 2007510 12/08/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,109.97 2007511 12/08/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.12 2007512 12/08/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 144.99 2007513 12/08/2022 PRINTED 100169 GENSLER & ASSOCIATES ARCH 14,100.13 2007514 12/08/2022 PRINTED 100536 GLS US A/R 125.90 2007515 12/08/2022 PRINTED 103824 GOVOS INC 7,500.00 2007516 12/08/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 3,537.06 2007517 12/08/2022 PRINTED 100313 GRANICUS INC 1,102.52 2007518 12/08/2022 PRINTED 016168 NICHOLAS GRIEGO 660.00 2007519 12/08/2022 PRINTED 100382 HOME DEPOT USA INC 859.93 2007520 12/08/2022 PRINTED 100433 IGOE AND COMPANY INC 51.75 2007521 12/08/2022 PRINTED 103681 IMPRENTA COMMUNICATIONS G 2,550.00 2007522 12/08/2022 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 1,121.84 2007523 12/08/2022 PRINTED 101274 INTELESYSONE 754.88 2007524 12/08/2022 PRINTED 101547 INTELLIGENT VIDEO SOLUTIO 8,738.29 2007525 12/08/2022 PRINTED 104092 ITS A GAS INC 24,348.50 2007526 12/08/2022 PRINTED 101700 JNS NEXT 398.33 2007527 12/08/2022 PRINTED 103751 JOBELEPHANT.COM INC 400.00 2007528 12/08/2022 PRINTED 101039 CHESTER JOHNSON 3,000.00 2007529 12/08/2022 PRINTED 100496 MAJA KALABIC 585.00 2007530 12/08/2022 PRINTED 103525 KGAY PSP CORPORATION 934.00 2007531 12/08/2022 PRINTED 016436 MAX KIRK 1,034.16 2007532 12/08/2022 PRINTED 101599 TYSEN KNIGHT 2,500.00 2007533 12/08/2022 PRINTED 101785 KRONOS 357.28 2007534 12/08/2022 PRINTED 101475 LA PRENSA HISPANA INC 5,010.00 2007535 12/08/2022 PRINTED 016217 STEPHANIE LAING 11.12 2007536 12/08/2022 PRINTED 103962 LCR EARTHWORK & ENGINEERI 87,257.50 2007537 12/08/2022 PRINTED 101713 LESAR DEVELOPMENT CONSULT 21,169.00 2007538 12/08/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 6,463.87 2007539 12/08/2022 PRINTED 103164 LINCOLN AQUATICS 6,717.80 2007540 12/08/2022 PRINTED 101660 LOCKS AROUND THE CLOCK IN 120.00 2007541 12/08/2022 PRINTED 015510 KEN LYON 19.63 2007542 12/08/2022 PRINTED 100849 MANSFIELD POWER AND GAS L 48,307.91 2007543 12/08/2022 PRINTED 015732 ALEJANDRO MARTINEZ 150.00 2007544 12/08/2022 PRINTED 016433 CHLOE MASON 1,034.16 2007545 12/08/2022 PRINTED 104081 JONATHON RAY MERCHAIN 2,033.24 2007546 12/08/2022 PRINTED 101798 MIDWEST TAPE INC 3,419.60 2007547 12/08/2022 PRINTED 015957 MICHAEL MILAN 644.97 2007548 12/08/2022 PRINTED 016300 BRIAN MUSHRUSH 330.75 2007549 12/08/2022 PRINTED 016222 MITCHELL NABHAN 578.92 2007550 12/08/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,445.92 2007551 12/08/2022 PRINTED 100087 PALM SPRINGS INTL FILM SO 200,000.00 2007552 12/08/2022 PRINTED 100106 PALM SPRINGS MOUNTED POLI 1,532.32 Item 1C - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/08/2022 10:26
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007553 12/08/2022 PRINTED 016288 CRYSTAL PANTOJA 172.00 2007554 12/08/2022 PRINTED 100596 PROPER SOLUTIONS INC 38,552.74 2007555 12/08/2022 PRINTED 100762 QUADIENT INC. 902.06 2007556 12/08/2022 PRINTED 101629 THE RAMSAY GROUP 6,150.00 2007557 12/08/2022 PRINTED 015310 RYAN RASO 621.90 2007558 12/08/2022 PRINTED 104103 JEFF RIDDICK 55.00 2007559 12/08/2022 PRINTED 016434 ALEJANDRA RODRIGUEZ 1,034.16 2007560 12/08/2022 PRINTED 104059 SAME DAY EXPRESS LLC 6,900.00 2007561 12/08/2022 PRINTED 015690 STEVEN SANDERS 15.00 2007562 12/08/2022 PRINTED 101542 SC COMMERCIAL 12,406.78 2007563 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,735.31 2007564 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 133.35 2007565 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 64.66 2007566 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 114.58 2007567 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 601.16 2007568 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,767.32 2007569 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 38,496.46 2007570 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,231.57 2007571 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26,618.68 2007572 12/08/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 46.95 2007573 12/08/2022 PRINTED 104109 SHERIFF EXPLORER POST 503 75.00 2007574 12/08/2022 PRINTED 100839 SHOWCASES 281.88 2007575 12/08/2022 PRINTED 100778 SLOAN VASQUEZ MCAFEE 63,075.00 2007576 12/08/2022 PRINTED 016240 KRISTINE SMITH 117.88 2007577 12/08/2022 PRINTED 101822 SO CAL LAND MAINTENANCE I 19,282.00 2007578 12/08/2022 PRINTED 100120 SPOK INC 46.87 2007579 12/08/2022 PRINTED 100591 MOVIE LICENSING USA 935.00 2007580 12/08/2022 PRINTED 100846 THE PIN CENTER 1,422.50 2007581 12/08/2022 PRINTED 015861 JOSE TORRES 161.62 2007582 12/08/2022 PRINTED 015883 MIGUEL TORRES 172.20 2007583 12/08/2022 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 250.00 2007584 12/08/2022 PRINTED 100386 U S CUSTOMS SERVICE 4,705.89 2007585 12/08/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 131,722.94 2007586 12/08/2022 PRINTED 015313 JASON L. VACCARELLO 400.00 2007587 12/08/2022 PRINTED 100200 VALLEY LOCK AND SAFE 185.55 2007588 12/08/2022 PRINTED 100066 VALLEY MAIL DELIVERY 2,878.11 2007589 12/08/2022 PRINTED 100621 VERIZON BUSINESS 583.66 2007590 12/08/2022 PRINTED 100144 VERIZON WIRELESS 2,379.33 2007591 12/08/2022 PRINTED 100144 VERIZON WIRELESS 8,005.21 2007592 12/08/2022 PRINTED 100144 VERIZON WIRELESS 4,512.29 2007593 12/08/2022 PRINTED 100144 VERIZON WIRELESS 1,941.48 2007594 12/08/2022 PRINTED 100144 VERIZON WIRELESS 1,899.94 2007595 12/08/2022 PRINTED 100144 VERIZON WIRELESS 823.39 2007596 12/08/2022 PRINTED 103739 VISTA SUNRISE II LP 49,199.53 2007597 12/08/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 2,204.60 2007598 12/08/2022 PRINTED 104101 WE ARE ONE UNITED INC 100,215.00 2007599 12/08/2022 PRINTED 101978 WR PALM MOUNTAIN RESORT L 175,613.30 2007600 12/08/2022 PRINTED 103825 ZOOM VIDEO COMMUNICATIONS 73.39 152 CHECKS CASH ACCOUNT TOTAL 3,168,806.27 .00 Item 1C - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/08/2022 10:26
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
152 CHECKS FINAL TOTAL 3,168,806.27 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/22/2022 11:48
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007615 12/22/2022 PRINTED 101208 ABM AVIATION INC 93,055.00 2007616 12/22/2022 PRINTED 100315 ACE PARKING MANAGEMENT IN 14,988.80 2007617 12/22/2022 PRINTED 100292 ADMINSURE INC 20,187.00 2007618 12/22/2022 PRINTED 101028 AEG BUREAU OF TOURISM 59,957.50 2007619 12/22/2022 PRINTED 101028 AEG BUREAU OF TOURISM 111,923.92 2007620 12/22/2022 PRINTED 101028 AEG BUREAU OF TOURISM 192,120.25 2007621 12/22/2022 PRINTED 100345 AIRPORT QUICK WASH 300.00 2007622 12/22/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 330.00 2007623 12/22/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 1,545.00 2007624 12/22/2022 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 6,031.23 2007625 12/22/2022 PRINTED 100912 ALPHA MEDIA LLC 568.00 2007626 12/22/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 11,114.25 2007627 12/22/2022 PRINTED 100572 AMAZON COM 418.84 2007628 12/22/2022 PRINTED 103781 AMAZON.COM SALES INC 5,201.32 2007629 12/22/2022 PRINTED 100845 AMERICAN DOCUMENTARY FILM 5,000.00 2007630 12/22/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 2,867.77 2007631 12/22/2022 PRINTED 016447 JESUS ARENAS 817.05 2007632 12/22/2022 PRINTED 103768 ASSISTANCE LEAGUE COACHEL 3,000.00 2007633 12/22/2022 PRINTED 101698 ATLANTIC PALM SPRINGS 500.00 2007634 12/22/2022 PRINTED 103384 AVIATRIX COMMUNICATIONS 15,500.00 2007635 12/22/2022 PRINTED 016416 ERIK AYALA 86.96 2007636 12/22/2022 PRINTED 100574 BANK OF AMERICA 1,901.74 2007637 12/22/2022 PRINTED 101049 MARY BARSALEAU 1,466.50 2007638 12/22/2022 PRINTED 015627 DONALD BENSTEAD JR 4,426.74 2007639 12/22/2022 PRINTED 100020 BEST BEST & KRIEGER 338,977.19 2007640 12/22/2022 PRINTED 104107 BLUE ZONES LLC 42,500.00 2007641 12/22/2022 PRINTED 101507 BOO2BULLYING INC. 2,500.00 2007642 12/22/2022 PRINTED 100128 BRODART CO 6,026.77 2007643 12/22/2022 PRINTED 100118 BROWNELLS INC 2,193.61 2007644 12/22/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 895.56 2007645 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,534.74 2007646 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007647 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2007648 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 227.32 2007649 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2007650 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2007651 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2007652 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2007653 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2007654 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007655 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007656 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007657 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007658 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2007659 12/22/2022 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2007660 12/22/2022 PRINTED 100558 CINTAS CORPORATION 399.14 2007661 12/22/2022 PRINTED 100573 CLEAN ENERGY FUELS 3,275.66 2007662 12/22/2022 PRINTED 100652 CLEARS INC 50.00 2007663 12/22/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 4,716.00 2007664 12/22/2022 PRINTED 101238 CONSERVE LANDCARE LLC 97,703.07 2007665 12/22/2022 PRINTED 103771 CORE COMPLIANCE LLC 3,500.00 2007666 12/22/2022 PRINTED 100865 CPI / COBRA PROFESSIONALS 2,522.50 Item 1C - Page 9
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/22/2022 11:48
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007667 12/22/2022 PRINTED 101630 CRASH DATA GROUP INC 9,703.93 2007668 12/22/2022 PRINTED 100675 CV WEEKLY 500.00 2007669 12/22/2022 PRINTED 100490 CVCC 290,943.68 2007670 12/22/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 2,656.62 2007671 12/22/2022 PRINTED 100318 DATA TICKET INC 3,507.32 2007672 12/22/2022 PRINTED 015590 ARASELI DE LA ROSA 45.00 2007673 12/22/2022 PRINTED 103969 DEKRA-LITE INDUSTRIES, IN 42,528.25 2007674 12/22/2022 PRINTED 100265 DELL MARKETING LP 1,750.19 2007675 12/22/2022 PRINTED 101281 DELTA DENTAL HMO 1,815.54 2007676 12/22/2022 PRINTED 101282 DELTA DENTAL PPO 22,095.90 2007677 12/22/2022 PRINTED 100378 DEPARTMENT OF INDUSTRIAL 169,400.18 2007678 12/22/2022 PRINTED 100378 STATE OF CA-DEPARTMENT OF 10,125.00 2007679 12/22/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 788.00 2007680 12/22/2022 PRINTED 100479 DESERT AIDS PROJECT 25,000.00 2007681 12/22/2022 PRINTED 100008 DESERT SUN PUBLISHING COM 9,653.08 2007682 12/22/2022 PRINTED 101177 DESERT WINDS FREEDOM BAND 1,000.00 2007683 12/22/2022 PRINTED 100609 DIRECTV 43.99 2007684 12/22/2022 PRINTED 100254 DOKKEN ENGINEERING 28,706.48 2007685 12/22/2022 PRINTED 103486 DOM AND MARK INC/ESCAPE R 340.00 2007686 12/22/2022 PRINTED 015648 ALAN DONOVAN 4,483.30 2007687 12/22/2022 PRINTED 101244 DOWNS ENERGY 65,304.81 2007688 12/22/2022 PRINTED 100393 DOWNTOWN SHELL 380.00 2007689 12/22/2022 PRINTED 101179 MARIANA DUSPIVA 774.00 2007690 12/22/2022 PRINTED 100054 DESERT WATER AGENCY 32,366.35 2007691 12/22/2022 PRINTED 100054 DESERT WATER AGENCY 3,297.91 2007692 12/22/2022 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 1,363.00 2007693 12/22/2022 PRINTED 100305 EISENHOWER MEDICAL CENTER 2,400.00 2007694 12/22/2022 PRINTED 100701 EISENHOWER MEDICAL CENTER 17,866.00 2007695 12/22/2022 PRINTED 103829 EMERGENCY RESILIENCE LLC 3,186.36 2007696 12/22/2022 PRINTED 100274 ENGINEERING RESOURCES OF 73,266.10 2007697 12/22/2022 PRINTED 016143 AMANDA ENRIQUEZ 3,736.62 2007698 12/22/2022 PRINTED 100226 ENTERPRISE RENT A CAR 2,095.27 2007699 12/22/2022 PRINTED 100013 ENTRAVISION COMMUNICATION 1,062.00 2007700 12/22/2022 PRINTED 100661 FIND FOOD BANK 60,000.00 2007701 12/22/2022 PRINTED 104039 FIRE CATT LLC 5,605.60 2007702 12/22/2022 PRINTED 101194 FLEX ADVANTAGE 772.00 2007703 12/22/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,589.85 2007704 12/22/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 92,950.17 2007705 12/22/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,647.62 2007706 12/22/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 12,543.06 2007707 12/22/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2007708 12/22/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.91 2007709 12/22/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2007710 12/22/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.12 2007711 12/22/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.12 2007712 12/22/2022 PRINTED 100828 FUSION CLOUD SERVICES LLC 293.23 2007713 12/22/2022 PRINTED 104046 GALLAGHER BENEFIT SERVICE 12,500.00 2007714 12/22/2022 PRINTED 104046 GALLAGHER BENEFIT SERVICE 6,250.00 2007715 12/22/2022 PRINTED 100567 THE GALLERY COLLECTION 525.35 2007716 12/22/2022 PRINTED 100158 GALLS LLC 2,069.80 2007717 12/22/2022 PRINTED 011060 ARNOLD GALVAN 171.00 2007718 12/22/2022 PRINTED 102397 GRACE GARNER 805.82 Item 1C - Page 10
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/22/2022 11:48
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007719 12/22/2022 PRINTED 100600 GEOSPATIAL TECHNOLOGIES I 12,264.00 2007720 12/22/2022 PRINTED 103948 PUSH MEDIA INC 77,001.69 2007721 12/22/2022 PRINTED 101733 GRAINGER 5,137.62 2007722 12/22/2022 PRINTED 104115 HOWARD GREILS MD INC 5,833.68 2007723 12/22/2022 PRINTED 100508 HABITAT FOR HUMANITY OF T 20,000.00 2007724 12/22/2022 PRINTED 100974 KATHLEEN HERBERT 29.65 2007725 12/22/2022 PRINTED 100729 HIRE RIGHT LLC 1,889.45 2007726 12/22/2022 PRINTED 016114 CHRISTINA HOLSTEGE 10.91 2007727 12/22/2022 PRINTED 104114 HTCNO INC 314.02 2007728 12/22/2022 PRINTED 100494 IMAGE360 - PALM DESERT 489.16 2007729 12/22/2022 PRINTED 100483 INFOSAT 228.30 2007730 12/22/2022 PRINTED 101727 IRON MOUNTAIN 6,948.51 2007731 12/22/2022 PRINTED 103783 ISIMULATE 2,495.00 2007732 12/22/2022 PRINTED 015689 CHRISTOPHER JAEGER 4,460.67 2007733 12/22/2022 PRINTED 100716 JEWISH FAMILY SERVICE OF 15,000.00 2007734 12/22/2022 PRINTED 101700 JNS NEXT 65.00 2007735 12/22/2022 PRINTED 015875 REGINA KAYS 23.13 2007736 12/22/2022 PRINTED 101606 KINCAID INDUSTRIES INC 12,417.11 2007737 12/22/2022 PRINTED 101599 TYSEN KNIGHT 500.00 2007738 12/22/2022 PRINTED 101200 KOA CORPORATION 29,910.28 2007739 12/22/2022 PRINTED 101785 KRONOS 5,838.55 2007740 12/22/2022 PRINTED 100127 L N CURTIS AND SONS 1,096.83 2007741 12/22/2022 PRINTED 100662 THE LGBTQ COMMUNITY CENTE 25,000.00 2007742 12/22/2022 PRINTED 101309 LNRS DATA SERVICES INC. 1,763.08 2007743 12/22/2022 PRINTED 101513 MARTHA'S VILLAGE AND KITC 43,731.10 2007744 12/22/2022 PRINTED 101612 MARVINS AUTO PAINT INC. 808.36 2007745 12/22/2022 PRINTED 015156 CHARLES MENLEY 172.37 2007746 12/22/2022 PRINTED 101798 MIDWEST TAPE INC 2,328.84 2007747 12/22/2022 PRINTED 015957 MICHAEL MILAN 136.50 2007748 12/22/2022 PRINTED 100009 MIZELL CENTER 100,000.00 2007749 12/22/2022 PRINTED 100491 MODERNISM WEEK 50,000.00 2007750 12/22/2022 PRINTED 016389 KRISTOPHER MOONEY 1,787.70 2007751 12/22/2022 PRINTED 101855 MOTOWORX GARAGE 4,991.87 2007752 12/22/2022 PRINTED 100148 NALCO COMPANY 5,018.89 2007753 12/22/2022 PRINTED 101308 NATIONAL AUTO FLEET GROUP 150,816.30 2007754 12/22/2022 PRINTED 100040 NBS 9,272.07 2007755 12/22/2022 PRINTED 104057 DONNA S NEWTON 189.00 2007756 12/22/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 283.88 2007757 12/22/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 7,024.37 2007758 12/22/2022 PRINTED 100458 PALM SPRINGS AIR MUSEUM I 15,000.00 2007759 12/22/2022 PRINTED 100328 PALM SPRINGS AUTO WASH 249.95 2007760 12/22/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2007761 12/22/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 249.03 2007762 12/22/2022 PRINTED 104120 PALM SPRINGS INTERNATIONA 3,000.00 2007763 12/22/2022 PRINTED 103236 PARK CONSULTING GROUP INC 44,230.00 2007764 12/22/2022 PRINTED 101434 PLACEWORKS 4,039.04 2007765 12/22/2022 PRINTED 101674 PROCAST PRODUCTS INC 8,706.35 2007766 12/22/2022 PRINTED 101292 PROFESSIONAL MEDICAL WARE 6,124.99 2007767 12/22/2022 PRINTED 100596 PROPER SOLUTIONS INC 26,823.53 2007768 12/22/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 7,996.03 2007769 12/22/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 907.11 2007770 12/22/2022 PRINTED 100654 PS RESORTS 66,620.00 Item 1C - Page 11
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/22/2022 11:48
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007771 12/22/2022 PRINTED 101250 PWLC II INC 4,118.00 2007772 12/22/2022 PRINTED 101692 THE QUOTIENT GROUP LLC 2,450.00 2007773 12/22/2022 PRINTED 101352 R & R JANITORIAL SERVICE 67,596.24 2007774 12/22/2022 PRINTED 101230 R S AND H CALIFORNIA INC 7,807.59 2007775 12/22/2022 PRINTED 101527 RATTLE TECH LLC 6,165.00 2007776 12/22/2022 PRINTED 101728 PALM SPRINGS WATER SYSTEM 3,051.00 2007777 12/22/2022 PRINTED 101363 RICONDO AND ASSOCIATES IN 22,047.59 2007778 12/22/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2007779 12/22/2022 PRINTED 101691 RLP UNIFORM INC. 1,512.73 2007780 12/22/2022 PRINTED 104059 SAME DAY EXPRESS LLC 8,275.00 2007781 12/22/2022 PRINTED 100467 SAN BERNARDINO REGIONAL E 1,970.00 2007782 12/22/2022 PRINTED 104016 SAVANT SOLUTIONS INC 104,390.00 2007783 12/22/2022 PRINTED 104110 SAVE A WARRIOR INC 3,500.00 2007784 12/22/2022 PRINTED 101542 SC COMMERCIAL 15,683.57 2007785 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 49,155.13 2007786 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 9,966.20 2007787 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,159.89 2007788 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 61.25 2007789 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26.23 2007790 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,428.95 2007791 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 153.92 2007792 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 18.25 2007793 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 411.09 2007794 12/22/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 811.76 2007795 12/22/2022 PRINTED 101515 MARIA SHAFER 1,400.00 2007796 12/22/2022 PRINTED 100435 THE SHREDDERS 55.00 2007797 12/22/2022 PRINTED 100010 SMOKE TREE STABLES 840.00 2007798 12/22/2022 PRINTED 101677 SOCAL PPE LLC 2,321.56 2007799 12/22/2022 PRINTED 103740 SOROPTIMIST HOUSE OF HOPE 2,500.00 2007800 12/22/2022 PRINTED 100000 SOUTH COAST AQMD 620.61 2007801 12/22/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 55,481.95 2007802 12/22/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 700.00 2007803 12/22/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 629.56 2007804 12/22/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 680.45 2007805 12/22/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 495.11 2007806 12/22/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 616.70 2007807 12/22/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 752.34 2007808 12/22/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 54,480.34 2007809 12/22/2022 PRINTED 100825 STATE OF CA-DEPT OF FORES 500.00 2007810 12/22/2022 PRINTED 102619 STUDIO ARD ARCHITECTS INC 9,582.00 2007811 12/22/2022 PRINTED 100043 SWRCB FEES 28,025.00 2007812 12/22/2022 PRINTED 101852 SOLARCITY CORP 8,034.23 2007813 12/22/2022 PRINTED 101219 THE WORKS FLOOR AND WALL 49,896.99 2007814 12/22/2022 PRINTED 104119 TOOL FOR TOMORROW INC 2,000.00 2007815 12/22/2022 PRINTED 100289 TOP OF THE LINE SIGNS 1,125.00 2007816 12/22/2022 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 5,750.00 2007817 12/22/2022 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 750.00 2007818 12/22/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 700.00 2007819 12/22/2022 PRINTED 100386 U S CUSTOMS SERVICE 5,917.28 2007820 12/22/2022 PRINTED 100063 UNDERGROUND SERVICE ALERT 536.68 2007821 12/22/2022 PRINTED 100114 UNITED RENTALS NA INC 7,262.56 2007822 12/22/2022 PRINTED 101329 UPBEAT PARADE PRODUCTIONS 50,000.00 Item 1C - Page 12
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/22/2022 11:48
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007823 12/22/2022 PRINTED 100384 US BANK 2,500.00 2007824 12/22/2022 PRINTED 100034 US POSTAL SERVICE 610.00 2007825 12/22/2022 PRINTED 104021 VECTOR RESOURCES INC 4,238.23 2007826 12/22/2022 PRINTED 100621 VERIZON BUSINESS 590.63 2007827 12/22/2022 PRINTED 100144 VERIZON WIRELESS 3,900.66 2007828 12/22/2022 PRINTED 100144 VERIZON WIRELESS 37.89 2007829 12/22/2022 PRINTED 100144 VERIZON WIRELESS 7,112.45 2007830 12/22/2022 PRINTED 100050 VISION SERVICE PLAN 5,998.74 2007831 12/22/2022 PRINTED 100121 VISIT GREATER PALM SPRING 91,313.60 2007832 12/22/2022 PRINTED 101484 VITAC 1,298.00 2007833 12/22/2022 PRINTED 104112 WARM SANDS NEIGHBORHODD O 222.96 2007834 12/22/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 3,543.63 2007835 12/22/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 4,288.15 2007836 12/22/2022 PRINTED 100233 WESTERN PUMP INC. 1,000.00 2007837 12/22/2022 PRINTED 103973 WEX HEALTH INC 2,255.40 2007838 12/22/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 315.00 2007839 12/22/2022 PRINTED 016448 SARAH YOON 4.35 2007840 12/22/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,589.59 226 CHECKS CASH ACCOUNT TOTAL 3,633,082.56 .00 Item 1C - Page 13
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 12/22/2022 11:48
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
226 CHECKS FINAL TOTAL 3,633,082.56 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 14
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 31, 2022
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2022
Attachments
Item 1D
CITY COUNCIL STAFF REPORT
DAT
E: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 31, 2022
FROM: Teresa Gallavan, Interim City Manager
BY: Office of the City Clerk
Procurement Department
RECOMMENDATION:
Rec
eive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of December 1 through December 31, 2022.
STAFF ANALYSIS:
Th
e City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $7 5,000 or less, and certain other amendments and change orders as previously approved by the City Council.
Palm Springs Municipal Code §7.02.030(k) requires a monthly report be submitted to the City Council.
The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement Division.
REVIEWED BY:
Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan
ATT
ACHMENTS:
A. City Manager authorized agreements for December 2022 B. Purchase orders for December 2022
Item 1D - 1
ATTACHMENT A
Item 1D - 2
Agreement Number Vendor Name Description Department Name A9379 Tops N Barricades, Inc Rental Services for traffic signage and barricade rental services from a licensed and qualified firm Aviation A9382 Conserve Landcare LLC Landscape services and improvements for the "Block G" located north of the Downtown Park Facilities Maintenance A9388 Union Pacific Railroad Company Public works project for preliminary engineering services regarding Gene Autry wind wall upgrades (CP 18-14) Engineering December 2022 - Agreements
Item 1D - 3
ATTACHMENT B
Item 1D - 4
Number Vendor Name Description Total Department
23000739 Downtown Shell Smog Inspections 070514 $45.00 Fleet Operations 23000747 Downtown Shell Smog Inspections 2C7212 $45.00 Fleet Operations 23000748 Downtown Shell Smog Inspections Unit 2D0312 $45.00 Fleet Operations 23000691 Downtown Shell Front End Alignment 2D1213 $89.95 Fleet Operations 23000732 Downtown Shell 4 Wheel Alignment Unit 2S1811 $89.99 Fleet Operations 23000778 Motoworx Garage Pd Motorcycle Repair 2M7819 $110.00 Fleet Operations 23000771 Downtown Shell Smog Inspections, Detail Service $135.00 Fleet Operations 23000694 Downtown Shell Front End Alignment $149.99 Fleet Operations 23000713 Valley Lock And Safe Duplicate Keys For Fire $178.08 Facilities Maintenance 23000719 Downtown Shell Smog Inspections $185.00 Fleet Operations 23000731 Downtown Shell Diagnose Engine Light Unit 301297 $198.00 Fleet Operations 23000745 All Star Glass Windshield Replacement Unit 200921 $409.31 Fleet Operations 23000758 All Star Glass Windshield Replacement Unit 300921 $409.31 Fleet Operations 23000740 Motoworx Garage Pd Motorcycle Repair 2M7219 $451.73 Fleet Operations 23000685 Costume Specialists Costume Rental $475.00 Recreation Department 23000754 Snap-On Business Solutions Rh Detroit Diesel Diagnostic Link Software $500.00 Info Technology 23000756 Valley Photo Booth Photo Booth For Breakfast W/ Santa Community Event $500.00 Recreation Department 23000679 Palm Springs Cyclery Inc Pspd Bicycle Repairs $527.77 Police Department 23000686 Bsn Sports Llc Replacing 3 Pickleball Nets Located At Demuth Park $611.72 Recreation Department 23000742 Johnson Controls Fire Protection Equipment And Supplies $660.00 Aviation Department 23000729 Southern California Fleet Services Inc Service Call Repair Fd Unit E9 $675.00 Fleet Operations 23000767 Kincaid Industries Inc Repair Roof Drain At City For Roofing Project $700.00 Facilities Maintenance 23000695 Motoworx Garage Pd Motorcycle Repair $787.52 Fleet Operations 23000751 Francisco Cedeno Junk And Trash Removal Services $850.00 Fire Department 23000737 B H Photo Video Conferencing Camera $884.04 Info Technology 23000785 Valley Lock And Safe Keys And Misc Supplies $1,092.50 Aviation Department 23000790 Dell Marketing Lp Psp - Assistant Director (Replenish It Stock) $1,147.27 Info Technology 23000766 Kincaid Industries Inc Replace Earthquake Valve At Pd Training $1,254.30 Facilities Maintenance 23000722 M Brey Electric Inc Rewire Lights In Procurement Office $1,260.00 Facilities Maintenance 23000768 Kincaid Industries Inc Snake Boiler Drain ( Fs 2) $1,446.84 Facilities Maintenance 23000784 Sc Commercial 5W20 Motor Oil Bulk Purchase $1,490.04 Fleet Operations 23000690 Palm Springs Convention Center Tree Lighting Ceremony Sound & Lighting $1,551.41 Recreation Department 23000696 Motoworx Garage Pd Motorcycle Repair $1,564.08 Fleet Operations 23000752 Image360 - Palm Desert Pickleball Court Number Signs $1,704.30 Recreation Department 23000710 Solarcity Corp Breaker For Solar Field $2,125.00 Facilities Maintenance 23000687 Brudvik Inc Light Towers And Generators For Parades $2,136.00 Recreation Department 23000746 Pacific Products And Services Llc Traffic Cones For Dui Checkpoints $2,174.08 Police Department 23000733 Daniels Tire Service Inc Tires For Fleet Stock $2,226.74 Fleet Operations 23000755 Vector Resources Inc Verkada Lpr Camera For Psp Avi $2,369.48 Info Technology 23000699 Dell Marketing Lp Laptop For Margaritka $2,378.06 Info Technology 23000701 United Rentals Na Inc Windshield Replacement Case Loader 721G $2,500.00 Fleet Operations 23000675 Htl Mechanical Inc Maintenance On Pool Boilers (Two Lockinvar Boilers $2,980.25 A/City Manager Admin 23000776 Geospatial Technologies Inc. Annual Renewal Amf - Gst Software (Fire Dept) $3,034.50 Info Technology 23000717 Desert Promotional Embroidery Llc Uniform Order - Desert Promotions $3,087.43 Special Programs Compliance 23000716 Precision Technologies Psp Tsa Lane 1 Cable Runs (Inc-252) $3,228.18 Info Technology 23000772 Daniels Tire Service Inc Tires For Fleet $3,763.61 Fleet Operations 23000688 3Si Security Systems Pd Trackers And Tracker Service $3,934.05 Police Department 23000783 Waterline Technologies Swim Center Pump Replacement - -Lmi Sd Series - 2 $4,299.40 A/City Manager Admin 23000676 Johnstone Supply New A/C For Main Server Room Psp $4,474.67 Facilities Maintenance 23000791 Aj Fistes Corporation Prepare, Prime And Paint City Council Offices $4,500.00 Facilities Maintenance 23000789 Aj Fistes Corporation Scrap And Patch Council Chambers Entrance Ceiling $4,600.00 Facilities Maintenance 23000750 Cdw Government Inc Ipads For Council Members And Brenda Pree $4,687.53 Info Technology 23000788 Mohawk Commercial Inc Re-Carpet City Council Offices $4,971.18 Facilities Maintenance 23000741 Us Security Associates Inc Security Services For The Festival Of Lights Parad $4,976.96 Recreation Department 23000723 Odp Business Solutions Office Supplies For The Procurement Department $5,000.00 Procurement & Contracting 23000735 J L Auto Body Inc Automotive Repair Body And Paint 301017 $5,443.65 Fleet Operations 23000681 Grangers Mechanical Inc Hvac Contractor Cdbg Home Repair Program $5,685.00 Community & Economic Dev. 23000682 Grangers Mechanical Inc Plumbing Contractor Cdbg Home Repair Program $5,685.00 Community & Economic Dev. 23000734 J L Auto Body Inc Automotive Repair Body And Paint 800319 $5,896.31 Fleet Operations 23000680 Palm Springs Cyclery Inc Pd Electric Bicycle $6,100.49 Police Department 23000753 L N Curtis And Sons Technical Rescue Equipment For Swiftwater Rescue $6,131.33 Fire Department 23000712 J L Auto Body Inc Body And Paint Work Unit 998502 $6,337.20 Fleet Operations 23000759 Odp Business Solutions Admin Office Furniture $7,192.05 Aviation Department 23000736 J L Auto Body Inc Automotive Repair Body And Paint Pd Unit 203014 $7,511.70 Fleet Operations 23000787 Odp Business Solutions Office Supplies For Pspl $7,926.01 Library
December 2022 - Purchase Orders
Item 1D - 5
Number Vendor Name Description Total Department
23000781 Fieldtech Integrated Pest Solutions Pdp Bird Removal $8,160.00 Aviation Department 23000773 Cbt Nuggets Llc Annual Renewal For Cbt Nuggets - 14 Users $8,386.00 Info Technology 23000720 Citadel Environmental Services Inc Cp 18-04, Hazardous Materials Survey $8,899.00 Engineering - Public Works 23000757 Federico C Gonzalez Bono / Rj Carpet Cleaning Services $9,720.00 Aviation Department 23000777 Haaker Equipment Co Head System Set For The Muni Cogen Plant $9,785.01 Facilities Maintenance 23000782 Veritone Inc Veritone Contact App.-Ripa Data Collection & Repor $9,900.00 Info Technology 23000678 Nalco Company Nalco Chemicals For Cogen $11,672.07 Facilities Maintenance 23000744 The Lloyd Pest Control Citywide Pest Control Services $16,416.00 Facilities Maintenance 23000718 M Brey Electric Inc Replace Stolen Wire 111 And San Marcos $18,488.00 Facilities Maintenance 23000775 Actuarial Consulting Group Llc A9346 Opeb Actuarial Services $22,700.00 Finance Department 23000769 R E Chaffee Construction Inc Remove And Replace Door Sunrise Park $24,862.10 Facilities Maintenance 23000700 Aj Fistes Corporation Prep, Prime, And Paint City Yard Building Inside $27,366.00 Facilities Maintenance 23000774 Odp Business Solutions Office Supplies For Fire Department $27,500.00 Fire Department 23000706 M Brey Electric Inc 111 And Gate Way Stolen Wire $28,450.00 Facilities Maintenance 23000765 Rkljs Corp Holiday Decorations Installation Services $41,150.00 Facilities Maintenance 23000726 Mohawk Commercial Inc Animal Shelter - Flooring Replacement $44,214.28 A/City Manager Admin 23000708 Stantec Consulting Svcs Inc Cp 22-42, Lift Station No. 1 Assessment $44,600.00 Engineering - Public Works 23000749 Alpha Petroleum Transport Inc Waste Material Disposal Services $45,000.00 Facilities Maintenance 23000698 Dell Marketing Lp Hardware Replacement $50,902.03 Info Technology 23000730 Pub Construction Inc Council Offices $51,000.00 Facilities Maintenance
December 2022 - Purchase OrdersDecember 2022 -
Purchase Orders
December 2022 - Purchase Orders
Item 1D - 6
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
RECOMMENDATION:
Approve the roster of City Council subcommittees and representatives to external organizations.
1. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.
2. Attachments
Item 1E
CITY COUNCIL STAFF REPORT
DATE: January 26, 2023 CONSENT
SUBJECT: APPROVE ROSTER OF C ITY COUNCIL SUBCOMMITTEES AND
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
FROM: Teresa Gallavan, Interim City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:
1 . Approve the roster of City Council subcommittees and representatives to external organizations.
2. A uthorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.
STAFF ANALYSIS:
The City Council routinely appoint s Councilmembers to serve on standing or ad hoc subcommittees, or individual Councilmembers may volunteer to serve as liaisons to study various topics. The City Council also appoints representatives to external organizations as needed. On an annual basis, the City Council reviews the roster of appointments and makes adjustments as necessary.
U
nder California Code of Regulations (CCR) § 18702.5, before a public official may participate in a decision or vote to appoint themselves to a compensated position, the local agency must post a form established by the Fair Political Practices Commission (FPPC) on the City’s website. Staff recommends the City Council adopt and direct that FPPC Form 806 be updated and posted as required.
FISCAL IMPACT:
None.
REVIEWED BY:
City Clerk:
City Manager:
ATTACHMENTS:
A. City Council Appointment Rosters and Preferences
B. FPPC Form 806 (Current)
Item 1E - Page 1
ATTACHMENT A
Item 1E - Page 2
CITY OF PALM SPRINGS, CALIFORNIA
Committee Status Meetings Member Member
Finance (R-12147) Standing As Needed Garner
MAYOR*
Bernstein
MPT
Public Integrity Standing As Needed Middleton Holstege Board & Commission Interviews Ad Hoc As Needed Garner Bernstein/deHarte
Roster of City Council
Appointees to External Organization
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG): (SE/, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY)
Last Monday,
4:30 p.m.
Garner
(MAYOR)
Bernstein
(MPT)
Energy & Environmental Resources 2nd Thursday,
Noon Bernstein Holstege
Homelessness 3rd Wednesday,
10 a.m. Holstege Bernstein
Public Safety 2nd Monday,
9a.m. Garner deHarte
Transportation 1st Monday,
11 a.m. Middleton Garner
California Coalition of Mayors 1st & 3rd Friday,
12:30 p.m.
Garner
N/A
Coachella Valley Conservation Commission
(SE/, Form 700 required)
2nd Thursday,
10:30 a.m. deHarte Bernstein
Coachella Valley Economic Partnership 3rd Wednesday
8 a.m. Garner deHarte
Coachella Valley Mountains Conservancy Bd.
(SE/, Form 700 required)
2nd Monday,
3 p.m. Holstege deHarte
Desert Community Energy Board
(SE/, Form 700 required)
3rd Monday,
2:30 p.m. Middleton Bernstein
Eastern Riverside County Interoperable
Communications Authority
2nd Thursday
4p.m. Garner Middleton
Friends of PS Animal Shelter Varies Bernstein Middleton Greater PS Convention & Visitors Bureau
(SE/, Form 700 required) Varies Bernstein deHarte
League of California Cities
Varies Middleton
Main Street/Uptown Business Association 1st & 3rd Tuesday 8:30 a.m.
deHarte
Bernstein
Palm Springs Chamber of Commerce 3rd Thursday
8a.m. Bernstein deHarte
Item 1E - Page 3
External Organizations Meetings Appointee Alternate
Palm Springs Tourism & Hospitality Organizations
Garner
Mayor
Bernstein
Hotel General Managers Weekly Meeting Wednesdays
8a.m.
PS Hospitality Association Board Meetings 2nd Thursday
11 a.m.
PS Hospitality Association Member Meeting 3rd Thursday
11:30 a.m.
PS Resorts Meetings Varies
Plaza Theater Restoration Fundraising
Committee
Varies Bernstein N/A
Office of Neighborhood Involvement
(One-PS)
1st Tuesday,
5:30 p.m.
Bernstein
Middleton
Riverside County Community Action Comm.
(SE/, Form 700 required)
3rd Thursday,
5:30 p.m.
Virata
Riverside County Transportation Commission
(SE/, Form 700 required)
2nd Wednesday,
9a.m.
Middleton
So. California Association of Governments
Conference & General Assembly Meeting
(SE/, Form 700 reauired)
TBA
Middleton
Sunline Transit Agency
(SE/, Form 700 required)
4th Wednesday,
Noon
Middleton
deHarte
Item 1E - Page 4
ATTACHMENT B
Item 1E - Page 5
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:
A Public Document
Appt Date and
Length of Term
Agency Report of:
Public Official Appointments
2. Appointments
3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.
Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form
1. Agency Name
Designated Agency Contact (Name,Title)
E-mail
Division, Department, or Region (If Applicable)
806
For Official Use Only
Area Code/Phone Number
(Month, Day, Year)
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
Estimated Annual:
Estimated Annual:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
Page _____ of _____
Date Posted:
Item 1E - Page 6
City of Palm Springs
N/A
Brenda Pree, City Clerk
760-323-8204
[email protected]
1 2
01/30/23
CVAG
Executive Committee
Garner, Grace
Bernstein, Jeffrey
01 12
23 None
100
■
CVAG
Energy & Environmental
Resources
Bernstein, Jeffrey
Holstege, Christy
01 12
23 None
75 ■
CVAG
Homelessness
Committee
Holstege, Christy
Bernstein, Jeffrey
01 12
23 None
75 ■
CVAG
Public Safety Committee
Garner, Grace
deHarte, Ron
01 12
23 None
75 ■
Brenda pree
City Clerk
Yearly Update - Adopted at City Council Meeting 01/26/2023 Print
Clear
FPPC Form 806 (1/18)
FPPC T
oll-Free Helpline: 866/ASK-FPPC (866/275-3772)
A Public Document
Appt Date and
Length of Term
Agency Report of:
Public Official Appointments
Continuation Sheet
2. Appointments
Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form
1. Agency Name
806
(Month, Day, Year)
Date Posted:
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
Estimated Annual:
Estimated Annual:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
$ Per Meeting:
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
Name
Name
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
Other
Other
____/____/____
Appt Date
____/____/____
Appt Date
Length of Term
Length of Term
Estimated Annual:
Estimated Annual:
$ Per Meeting:
$ Per Meeting:
Page _____ of _____
Item 1E - Page 7
2 2
City of Palm Springs
01/30/2023
CVAG
Transportation Committee
Middleton, Lisa
Garner, Grace
01 12
23 None
75 Coachella Valley
Conservation
Commission
deHarte, Ron
Bernstein, Jeffrey
01 12
23 None
75 Greater Palm Springs
Convention and Visitors
Bureau
Bernstein, Jeffrey
deHarte, Ron
01 12
23 None
50 Riverside County
Transportation
Commission
Middleton, Lisa
None
01 12
23 None
100
Sunline Transit Agency
Middleton, Lisa
deHarte, Ron
01 12
23 None
50 Coachella Valley
Mountains Conservancy
Board
Holstege, Christy
deHarte, Ron
01 12
23 None
75 CITY COUNCIL STAFF REPORT
01/26/2023 CONSENT CALENDAR
SUBJECT:
APPROVAL OF SISTER CITY PROGRAM AGREEMENT
RECOMMENDATION:
Approve the Sister Cities International Partnership Agreement between the cities of Palm Springs, CA, U.S., and San Miguel de Allende, Guanajuato, Mexico.
Attachments
Item 1F
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26 , 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF SISTER CITY PROGRAM AGREEMENT
FROM: Teresa Gallavan, Interim City Manager
SUMMARY:
On July 14, 2022, the City Council approved initiating a Sister City relationship with San Miguel de Allende, Mexico. A letter from the Mayor was sent to San Miguel de Allende on behalf of the City Council with this request. The Palm Springs Sister City Board of Directors (Sister City Board) developed an agreement to establish the Sister City program (Attachment A). The Mayors are scheduled to sign the agreement on February 8, 2023.
RECOMMENDATION:
Approve the Sister Cities International Partnership Agreement Between the Cities of Palm Springs, CA, U.S. and San Miguel de Allende, Guanajuato, Mexico.
BACKGROUND:
The Sister City Program is administered with support from Sister City International, a 501(c)(3) established by President Eisenhower in 1956 with the mission, “To promote peace through mutual respect, understanding and cooperation – one individual, one community at a time.”
The program generally consists of one or more long- term relationships between two communities that pursue a variety of activities and programs aimed at promoting peace and diplomatic relations through cultural exchange. Sister Cities have broad discretion on how to participate in the program but often undertake a variety of shared experiences including volunteerism, exchanges, and shared projects.
The Sister City Board proposes undertaking programs and activities including:
• P romoting and expanding tourism,
• C reating opportunities for economic growth,
• S ponsoring municipal business and trade exchanges,
• Publicizing and marketing our respective artistic exhibits and performing arts, and • Developing and implementing cultural exchange programs.
Item 1F - Page 1
City Council Staff Report
January 26, 2023 – Page 2
Sister City Agreement
ALIGNMENT WITH STRATEGIC PLANNING:
N/A.
FISCAL IMPACT
:
The Sister City Board agreement anticipates no cost to the City at this time. There may be costs in the future associated with the proposed activities.
REVIEWED BY:
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Partnership Agreement
Item 1F - Page 2
ATTACHMENT A
Item 1F - Page 3
SISTER CITIES INTERNATIONAL
PARTNERSHIP AGREEMENT BETWEEN THE CITIES OF
PALM SPRINGS, CALIFORNIA, U.S. & SAN MIGUEL DE ALLENDE,
GUANAJUATO, MEXICO
The City of Palm Springs, California, United States, and the City of San Miguel de Allende, Guanajuato, Mexico, in accordance with the sister cities movement, do hereby agree to promote, support, and encourage exchanges, economic growth, and cooperative activities between the citizens and residents of each community. As we look to the future of this alliance, we envision a growing awareness and appreciation of each other’s culture, as well as many cooperative activities that will be of mutual benefit to our communities.
In pursuit of these shared goals, our cities agree to collaborate for the mutual benefit of our communities by collaborating on the implementation of the following programs:
• Promoting and expanding tourism;
• Creating opportunities for economic growth;
• Sponsoring municipal business and trade exchanges;
• Publicizing and marketing our respective artistic exhibits and performing arts, • Developing and implementing cultural exchange programs:
o artists-in-residence,
o culinary arts exchanges,
o literary festivals,
o film festivals,
o musical performances,
o performing arts program, and
o student penpal and exchange programs.
Item 1F - Page 4
In all activities, Palm Springs and San Miguel de Allende will endeavor to ensure mutual benefit for each city, and shall draw on its institutions, social organizations, citizens, and residents to promote cooperation.
We, the Mayors of Palm Springs and San Miguel de Allende, do believe that this pact will further contribute to the development of friendly relations between the people of the United States and Mexico. Therefore, we hereby pledge to cooperate with each other as Sister Cities on this date and we affix our signatures and our city seals on this declaration to establish our relationship as Sister Cities.
___________________________ ______________________________ The Honorable Grace Garner The Honorable Mauricio Trejo Puerto Mayor, Palm Springs, California Mayor, San Miguel de Allende, Mexico February 8, 2023 February 8, 2023
Item 1F - Page 5
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9068 WITH M. BREY ELECTRIC, INC. FOR ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $50,000 FROM THE GENERAL FUND BALANCE RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. A9068 with M. Brey Electric, Inc., to provide electrical maintenance and installation services in an additional amount of $150,000 for a total revised contract amount not to exceed $750,000 through April 10, 2025.
1. Appropriate $50,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. Attachments
Item 1G
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9068 WITH M.
BREY ELECTRIC, INC. FOR ELECTRICAL MAINTENANCE AND
INSTALLATION SERVICES AND APPROPRIATE $50,000 FROM
GENERAL FUND BALANCE
FROM: Teresa Gallavan, Interim City Manager
BY: Maintenance & Facilities Department
SUMMARY:
This action will approve Amendment No. 1 to Agreement No. A9068 with M. Brey Electric, Inc. in the amount of $150,000, for a revised contract amount not to exceed $750,000 for electrical maintenance and installation services; and approve an appropriation of $50,000 from General Fund Balance for these services.
RECOMMENDATION:
1. Approve Amendment No. 1 to Agreement No. A9068 (Attachment A) with M. Brey Electric, Inc. , to provide electrical maintenance and installation services in an additional amount of $150,000 for a total revised contract amount not to exceed $750,000 through April 10, 2025.
2. Appropriate $50,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
3. Authorize the Interim City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B), submitted on March 3, 2022, M. Brey Electric, Inc., is registered in the State of California. The owner is Matthew Brey with 100% beneficial interest in entity.
Item 1G - Page 1
BACKGROUND:
An Invitation for Bids (IFB 22-11) was initiated by the City’s Procurement and Contracting Department on February 7, 2022, based on Facilities Maintenance specifications. On April 7, 2022, City Council awarded Contract Services Agreement A9068 with M. Brey Electric, Inc., for a three-year term in the amount of $600,000 effective April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.
STAFF ANALYSIS:
Staff is requesting approval of Amendment No. 1 in the amount of $15 0,000 to add sufficient funding for current and future planned electrical projects. This Amendment No. 1 will provide for a revised contract amount not to exceed $750,000, through April 10, 2025, for electrical maintenance and installation services.
Over the last year , the City has experienced six (6) wire theft incidents resulting in damaged electrical components, copper wire theft, and inoperable lighting on city property including various medians . Staff is wo rking through insurance claims wi th Keenan & Associates to recover applicable costs. However, we want to move forward with the repair work while we finalize the insurance claims.
Facilities Maintenance is currently working on the following city electrical projects, that combined would expend approximately $250,000 during Fiscal Year 2022-23.
• Sunny Dunes and South Palm Canyon Drive $133,645
• San Marcos Way and North Palm Canyon Drive $18,488
• Gateway Drive and North Palm Canyon Drive $28,450
• Tramway Road and North Palm Canyon Drive $ 45,880
• Rewire Electrical for Lighting in Procurement Office
$1,260
• City Facility Electrical Repairs $ 22,277
Therefore, increasing the contract to a not -to-exceed amount of $750,000, through April 10, 2025, will allow for current and future electrical project needs to be met.
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 in clude: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
Item 1G - Page 2
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities.
FISCAL IMPACT:
Approval of t his action will require an appropriat ion of $50,000 from General Fund Balance into Facilities Maintenance Fund Account 5206570-40105.
REVIEWED BY:
Department Director: David McAbee
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Amendment No.1 A9068
B. Public Integrity Disclosure
Item 1G - Page 3
ATTACHMENT A
Item 1G - Page 4
ATTACHMENT A
Item 1G - Page 5
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9068
FOR ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES
This Amendment No. 1 to the Contract Services Agreement ( A9068), (“Amendment No. 1”), is made and entered into this day of , 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and M. Brey Elect ric, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. On April 7, 2022, the City Council approved A9068, made and entered into on April 10, 2022, in reference to the competitively solicited Invitation for Bids (IFB) 22- 11 with Contractor.
B. City desires to amend A9068 to add $150,000 for a maximum contract amount not to exceed $750,000.
C. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.
SECTION 2. 3.1 Compensation of Contractor. Is hereby replaced in its entirety as follows:
“ 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 $750,000.”
SECTION 3. Full forces and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9068, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provision of the Contract Services Agreement A9068, the provisions of this Amendment No. 1 shall in all respects govern and control.
Item 1G - Page 6
SECTION 4. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.
Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. A9068 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Item 1G - Page 7
SIGNATURE PAGE TO AMENDMENT NO. 1 (A9068) BY AND BETWEEN THE CITY OF
PALM SPRINGS AND OTIS ELEVATOR COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY DEPARTMENT DIRECTOR:
Date: _______ Agreement No. A9068
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 8
ATTACHMENT B
Item 1G - Page 9
. ..-:~:···- ~·· ······ •..
/_·. ~. .. t.:ii'tf' . J\
\~-. '~'..~_ . ~ _./ ·-~ .
····· ......... : ..... -·····
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
M. Brey Electric, Inc.
2. Address of Entity (Principal Place of Business)
408 Elm Ave. Beaumont, CA 92223
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No
5. Type of Entity
IXI Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Matthew Brey D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
IK]Other
President , Vice President, Treasurer & Secreta ry
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item 1G - Page 10
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.
Matthew Brey 100% M. Brey Electric, Inc.
[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
Matthew Brey, President
~ v- ?--z._---
Date
3/3/2022
Item 1G - Page 11
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $100,000 FROM GENERAL FUND BALANCE RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. A9071 with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in an additional amount of $300,000 for a total revised contract amount not to exceed $600,000 through April 10, 2025.
1. Appropriate $100,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. Attachments
Item 1H
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES , INC. FOR PLUMBING MAINTENANCE AND
INSTALLATION SERVICES AND APPROPRIATE $100,000 FROM
GENERAL FUND BALANCE
FROM: Teresa Gallavan, Interim City Manager
BY: Maintenance & Facilities Department
SUMMARY:
This action will approve A mendment No. 1 to A greement No. A9071 with Kincaid Industries Inc. in the amount of $300,000 , for a revised contract amount not to exceed $600,000 for plumbing maintenance and installation services ; and approve an appropriation of $100,000 from General Fund Balance for these services.
RECOMMENDATION:
1. Approve Amendment No. 1 to Agreement No. A9071 (Attachment A) with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in an additional amount of $300,000 for a total revised contract amount not to exceed $600,000 through April 10, 2025.
2. Appropriate $100,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
3. Authorize the Interim City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B), submitted on March 1, 2022, Kincaid Industries Inc., is registered in the S tate of California. The owner is Scott Kincaid with 100% beneficial interest in entity.
Item 1H - Page 1
City Council Staff Report
January 26, 2023 -- Page 2
Amend Plumbing Maintenance and Installation Services Contract
BACKGROUND:
An Invitation for Bids (IFB 22- 09) was initiated by the C ity’s Procurement & Contracting Department on January 31, 2022, based on Facilit ies’ specifications. On April 7, 2022, City Council award ed Contract Services Agreement No. A9071 with Kincaid Industries, Inc., for a three-year term in the amount of $300,000 effective April 11, 2022 through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.
STAFF ANALYSIS:
Staff is requesting approval of Amendment No. 1 in the amount of $300,000 to add sufficient funding for both the Aviation Department and Facilities Maintenance to utilize this contract. This Amendment No. 1 will provide for a revised contract amount not to exceed $600,000 through April 10, 2025, for plumbing maintenance and installation services to service both Facilities Maintenance and Airport Operations.
Facilities Maintenance and Aviation Department are currently working on various city facility plumbing project s that combined would expend approximately $2 00,000 during Fiscal Year 2022-23.
Aviation Department:
• Hydro Jet Sewer Main Line ABM Paid Ticket Booth $10,000 • Water Main Repair Car Rental Lot (North Terminal) $20,000 • Repair Ramp Restroom (Ice Room Vapors) $ 4,000
• Airport Plumbing Repairs $ 4,000
Estimated Total $ 38,000
Facilities Maintenance:
• Boys & Girls Club – Drain Mapping $ 8,000
• Fire Station – Plumbing Repairs $ 4,000
• Animal Shelter – Repair Flush Valves in Kennels $ 3,000 • City Hall – Mechanical Piping, Backflow, Drain and Repairs $16,000 • City Yard – Install and Repair Condensation Lines, and Repairs $12,500 • Cogeneration Plant – Hot Water Loop Excavation and Repair $15,000 • Demuth Community Center – Drain Clean-out $ 4,500 • Downtown Trash Enclosure – Hydro Jet and Pump Grease Pit $ 5,000 • Leisure Center – Camera and Snake Main Line and Repairs $ 20,000 • Library – Snake Main Line and Clean Restroom Blockage $ 4,000 • PD – Remove and Replace Main Sewage Pump, and Repairs $40,000 • Train Station – Repair Leak Under Slab $30,000
Estimated Total $162,000
Item 1H - Page 2
City Council Staff Report
January 26, 2023 -- Page 3
Amend Plumbing Maintenance and Installation Services Contract
Therefore, increasing the contract to a not -to-exceed amount of $600,000, through April 10, 2025, will allow for current and future plumbing project needs be met.
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 in clude: (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:
Approval of t his action will require an appropriat ion of $ 100,000 from General Fund Balance into Facilities Maintenance Fund Account 5206570-40105.
REVIEWED BY:
Department Director: David McAbee
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Amendment No.1 A9071
B. Public Integrity Disclosure
Item 1H - Page 3
ATTACHMENT A
Item 1H - Page 4
ATTACHMENT B
Item 1H - Page 5
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. A9071
FOR PLUMBING MAINTENANCE AND INSTALLATION SERVICES
This Amendment No. 1 to the Contract Services Agreement ( A9071), (“Amendment No. 1”), is made and entered into this _____ day of _____________, 2023 , by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Kincaid Industries, Inc. , a California corporation, hereinafter designated as the Contractor. City an d Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed plumbing contractor, for plumbing maintenance and installation services, (“Project”).
B. On April 7, 2022, the City Council approved A9071, made and entered into on April 11, 2022, in reference to the competitively solicited Invitation for Bid (IFB) 22 -09 with Contractor.
C. City desire to add $300,000, for a maximum contract amount not to exceed $600,000 over the initial three-year term.
D. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.
SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:
“3.1 Compensation and Payment. 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 $600,000.”
SECTION 3. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9071, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement A9071, the provisions of this Item 1H - Page 6
Amendment No. 1 shall in all respects govern and control.
SECTION 4. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1 , such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.
Except as specifically amended by this Amendment No. 1 , all terms and provisions of Agreement No. A9071 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Item 1H - Page 7
SIGNATURE PAGE TO AMENDMENT NO. 1 (A9071) BY AND BETWEEN THE CITY OF PALM SPRINGS AND KINCAID INDUSTRIES, 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 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 1H - Page 8
Item IJ - 62
Item 1H - Page 9
1. 2. 3. 4. 5.
Name
of
Entity
PUBLIC
INTEGRITY
DISCLOSURE
APPLICANT
DISCLOSURE
FORM
KINCAID
INDUSTRIES
, INC.
Address
of
Entity
(Principal
Place
of
Business)
31065
Plantation
Drive,
Thousand
Palms,
CA
92276
Local
or
California
Address
(if
different
than
#2)
State
where
Entity
is
Registered
with
Secretary
of
State
CA If
other
than
California,
is
the
Entity
also
registered
in
California?
D
Yes
D
No
Type
of
Entity
[R]
Corporation
D
Limited
Liability
Company
D
Partnership
D
Trust
D
Other
(please
specify)
6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(please
specify)
Note:
If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust,
or
other
entity
R.
Scott
Kincaid
~
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
Other
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
D
Other
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
D
Other
Item IJ - 63
Item 1H - Page 10
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.
R.
Scott
Kincaid
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
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entity
and
name
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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
-
-
..
3/1/2022
R.
Scott
Kincaid,
President
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA TICKET, INC. TO PROVIDE PARKING CITATION MANAGEMENT SERVICES RECOMMENDATION:
Approve contract services agreement No. A9338 with Data Ticket, Inc. to provide parking citation processing and management services in an estimated amount of $20,861.80 annually for a period of five years.
1. Authorize the Interim City Manager to execute all necessary documents.2.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA TICKET, INC. TO PROVIDE PARKING CITATION MANAGEMENT
SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Special Program Compliance
SUMMARY:
This action is to consider award of a contract to Data Ticket, Inc. to provide parking citation processing and management services for the City’s downtown and uptown on- street parking and parking lot program.
RECOMMENDATION:
1. Approve Contract Services A greement No. A9338 ( Attachment A ) with Data Ticket, Inc. to provide parking citation processing and management services in an estimated amount of $20,861.80 annually for a period of five years1.
2. Authorize the Interim City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the California Secretary of State, Data Ticket Inc. is a California Corporation registered in the State of California whose corporate officers are Marjorie Fleming, CEO; Albert Fleming, Secretary; and Brook Westcott, CFO. A copy of the Business Disclosure Form is included as Attachment B.
BACKGROUND:
The City has a core downtown and uptown shopping and entertainment district which requires the enforcement of the on-street and parking lot program by a qualified parking enforcement company, which is contracted for separately. The City does not utilize Ci ty Police Department Patrol Officers to enforce the parking program.
1 Cost is estimated on the number of units processed each year.
Item 1I - Page 1
City Council Staff Report
January 26,2023 -- Page 2
Parking Citation Management
Data Ticket, Inc. is the current parking citation management contractor with the City and has demonstrated expertise with parking citation management, D epartment of Motor Vehicles (“DMV”) requirements and policies, citation data processing and current software technologies.
The current contract with Data Ticket expired on December 23, 2022; an amendment for a two-month extension was executed in December 2022. The contract had been in effect since December 23, 2013, and staff has exercised two two- year optional extensions allowed under the current contract.
STAFF ANALYSIS:
On September 15, 2022, the City posted a Request for Proposal (RFP 01-23) for Parking Citation Management Services. Three companies submitted proposals by the deadline of October 17, 2022, as follows:
Company Location
Data Ticket Inc. Irvine, CA
Passport Labs Inc. Charlotte, NC
T2 Systems Indianapolis, IN
An evaluation committee consisting of staff from the Department of Special Program Compliance, Department of Finance and Treasury, and Department of Information Technology evaluated the proposals. The proposals were evaluated against the evaluation criteria outlined in the RFP , which included the firms experience, the teams experience, the firms understanding of the scope of work, local preference, and cost. After completing the evaluation, Data Ticket, Inc. was the highest scoring company and is being recommended for award of the contract.
Data Ticket Inc. has worked with the City for 10 years providing parking citation management services which include:
• Real-time acquisition of
registered owner information
via National Law Enforcement
Telecommunications System
• Data Entry of payments and
citations
• Real- Time Registered owner
acquisition CA DMV
• Electronic scanning and
storage of all mail received
• Custom courtesy notices
• Real-time payment
processing
• Custom toll-free Interactive
Voice Response lines
• Full-service adjudication
• Live, multi-lingual customer
service representatives
available from 8am – 5pm,
PST
Item 1I - Page 2
City Council Staff Report
January 26,2023 -- Page 3
Parking Citation Management
• Custom noticing and email
notification to customers
• Custom Delinquent notices
• Handheld ticket writers
• Third party collections efforts
• Wireless transmission of
citation data
• Online appeals
• Complete integration services
ENVIRONMENTAL ASSESSMENT:
N/A.
FISCAL IMPACT
:
The contract cost proposal from Data Ticket is estimated to be $20,861.80 annually over the five -year term. Parking citation fines collected for FY22 totaled $117,978 and is forecasted to be $143,904 in FY23 (based on an average of 4,000 parking citations issued, with an average penalty of $44.97 and an 80% collection rate).
REVIEWED BY:
Department Director: Veronica Goedhart
Procurement & Contracting Manager: Kim Baker
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Contractual Services Agreement with Data Ticket
B. Business Disclosure
Item 1I - Page 3
ATTACHMENT A
Item 1I - Page 4
CONTRACT SERVICES AGREEMENT A9338
PARKING CITATION MANAGEMENT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Data Ticket, Inc. , a California Corporation , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of parking citation processing and management services, (“Project”).
B. Contractor has submitted to City a proposal to provide parking citation processing and management services that support the City’s downtown and uptown on-street parking and parking lot program, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, 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 inco rporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions . In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and 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 1I - Page 6
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 Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considere d how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “F”. The total amount of Compensation shall not exceed $105,000.00.
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 performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to 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.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Item 1I - Page 7
Contractor notifies the Contract Of ficer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a 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 Work); and (4) pandemics, epidemics or quarantine restrictions. 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. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an a djustment 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 5 years, with 2 two-year options to renew, unless extended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the per iod 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 Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor . The following principal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Brook Westcott, Chief Operating Officer. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer") . Contractor sh all be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall Item 1I - Page 8
refer any decisions that must be made by City to the Contract 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 principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in 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 its subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode , or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform 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 hav e 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 othe r 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, inco me tax withholding, unemployment insurance, and workers’ compensation 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 Agre ement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Heather Nolan Director Client Relations, Project Manager Serena Smith-Banas, Client Relations Coordinator, Asst. Project Manager Brook Westcott, Chief Operation Officer
Wanda Stone, Mobile Support Manager
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rat es and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Item 1I - Page 9
total 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 man datory upon the 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), c ertified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. 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 subcon tractors performing such Services must be registered with the Department of Industrial Relations.
Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses incl uding legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees 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 a nd 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 unti l 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 Item 1I - Page 10
incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement , or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertainin g in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City . Contractor shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a 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.
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 business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, recor ds, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted 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 Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
Item 1I - Page 11
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are 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 ag ainst the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, e xpand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No con sent 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 respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 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 employe e of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any suc h officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure Item 1I - Page 12
that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be dee med 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: Data Ticket, Inc.
Attention: Brook Westcott
2603 Main Street Suite 300
Irvine, CA 92614
11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights Item 1I - Page 13
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. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item 1I - Page 14
SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND DATA TICKET, 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. ________ Agreement No. A9338
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
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1I - Page 16
Scope: Generally, the scope of work consists of but is not limited to the parking citation processing and management services that support s the City’s downtown and uptown on -street parking and parking lot program, as more fully described below. It is important to note that the services do NOT include Parking Enforcement Services, as the City shall contract separately for those services.
Please note that sub-contracting is NOT permitted under this contract.
Manual Citation Data Entry:
• Data entry within 48 hours
• Edit capability to correct dates, violations codes and fine amounts • Contractor to notify city regarding citations unable to be entered for any reason • File and store citations in easily retrievable format • File and store hard copy citations for minimum of two (2) years and then destroy
Electronic Citation Importation:
• Data transfer electronic files within 48 hours
• File and store electronic citation in easily retrievable format • File and store electronic copies for minimum of two (2) years and then destroy
DMV Interface for Registered Owner (R/O) Information and Holds:
• Contractor must have ability to retrieve registered owner (R/O) data from the California DMV
• Contractor is expected to have internet access to DMV • Review DMV “No Hit” list to ensure license plate and state information was entered correctly
• Confirm vehicle make and registered owner information • Contractor will maintain communications with out-of-state DMVs • Contractor is required to process DMV holds & releases within 48 hours • Must have ability to store previous information from previous R/O’s
Registered Owner Correspondence:
• Contractor is required to mail reminder notices for all citations to registered owners within seven days of receipt of the information from the DMV • Contractor is required to mail notices to lessees and renters of cited vehicles when provided with proof of written lease or rental agreements
Payment Processing:
• Sort and batch all incoming mail by postmark date for payment posting. Make daily bank deposits into a city assigned bank account
• Enter and process payments within 48 hours including opening all mail received, verifying payment amounts, updating computer system, and making bank deposits • Provide reporting for all bank deposits upon request
Item 1I - Page 17
• File and store deposit information for a minimum of two (2) years • Contractor is required to send a notice to the R/O when a partial payment is received, when a check is returned for insufficient funds or on an unpaid citation when a change of R/O has occurred.
Data Management, Reporting and Statistical Capabilities:
• Contractor to maintain provisions for proven database management software and servers.
• All database information is to be maintained with strict confidentiality and contractor is to provide description of securities at time of submittal. • Contractor must be able to provide all statistical reports including, but not limited to, R/O contact information, citation number, and delinquent status for at least five (5) years for all open citations.
• Contractor shall be capable at a minimum, of producing reports relating to: open citations, bank deposits, scofflaws and citation dispositions. Contractor must be capable of delivering these reports to the designated city personnel on an agreed upon schedule.
• The data system must be able to store, sort and or process the following items:
citation number, data and time of issuance, badge number/name of o the issuing officer, a comment field of up to 50 characters, vehicle license plate number,, vehicle identification number, state co de, registration expiration date, vehicle make, vehicle color, violation codes, location of violation, citation penalty and delinquent amounts, delinquent date, received payment/post -mark dates, notification dates, DMV hold and release dates, date of entry into system, disposition codes and R/O information.
• Contractor will process all requests for dismissal of citations for non -displayed placards as well as all non-placard related handicap violations through the normal contest process.
Transition Plan:
• Contractor will be required to import current citation data (from third party) into their citation management system. Contractor will ensure completion and accuracy prior to go live date.
• Contractor will train city staff for access and inquire capabilities t o citation database, to be conducted at city facilities.
• Contractor is required to facilitate installation of software and remote access to database by working in conjunction with city IT staff.
• Contractor is to obtain approval from the city of standard forms prior to use including notices of delinquent violation.
• Contractor will confirm all types of customer correspondence including but not limited to examples of letters to be sent to customer and methods of communication to designated city personnel.
Item 1I - Page 18
• System has user interface allowing customers to go online and pay parking citations online.
Support Services:
• Provide on -going support to the city to access and interface with the citation database.
• Contractor shall provide a user’s manual which includes step-by-step instructions for accessing computer database information and a list and description of all codes used in screens accessed by the issuing agency.
• Provide technical support and troubleshooting assistance for all hardware and software supplied by the contractor. Technical support and assistance must be available between the hours of 8:00AM to 5:00PM, Monday Thru Thursday, except city recognized holidays.
• Contractor will attend city meetings when requested at contractor expense (at minimum via phone conference). This included but not limited to, transportation, lodging, meals, and staff time.
• At the direction of the City the contractor shall prepare a report at the end of each fiscal year, per California Vehicle Code Section 40200.3(b), set ting forth the number of cases processed and all financial and /or citation payments received and distributed, along with any other information that may be required by the issuing agency or the Controller. This report is a public record and shall be delivered to each issuing agency at the end of each fiscal year. • No portion of the contract shall be permitted to be subcontracted to another private or public agency without express written approval from the City. • The contractor shall comply with all requirements of the State of California Vehicle Code (CVC) regarding processing records sent by the City.
Database Back-Up and Off-Site Security:
• Contractor will ensure all systems are backed up daily to ensure safety of the data in the event of a power outage or natural disaster.
• Contractor shall transfer and store off-site all backups of data for disaster recovery.
General Software Standards:
The proposed software must comply with the following general minimum standards below.
• 100% compatible with Windows 10 or 11 operating system. • Software native to the PC environment.
• Software currently supported with no plans for phase out. • Software is easy to use and has a Graphical User Interface (GUI). • Adequate security features that include the ability to set access controls at multiple levels.
• Custom report capabilities where applicable
Item 1I - Page 19
• Documentation with on-line help, as well as user manuals. • Customer support, with toll free support line and available e -mail and remote diagnostics during normal business hours (PT).
• Multiple user access to applications.
Installation and Training:
A proposed timeline, testing and implementation schedule must be provided with your proposal.
The selected contractor shall provide complete installation of the software, ensure proper system performance and complete acceptance testing. Training is required to cover all aspects of the operation, including supervisor functions, including, but not limited to, the following:
• Turnkey installation with all software operational at time of completion. • Training for end users including admin and system administrators. • Scheduled testing on all aspects of interfacing including interfacing from contractor endpoint.
• Staff sessions to be conducted on-site at the City.
• Web-X trainings as needed
Administrative Reviews & Hearings Services:
• The City Administrative Review and Administrative Hearing Services will not be bid or outsourced. The city conducts Administrative Reviews & Hearings Services internally.
Compensation:
Work will be compensated in accordance with the Schedule of Compensation, which is attached as Exhibit “ A”. Compensation is based on the Unit Costs on actual services provided. Contract pricing shall include all labor, expenses, and incidentals to com plete the work outlined in the contract scope. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
ITEM DESCRIPTION Estimated
Annual
Units or
Dollar
Amount
Rate TOTAL
1 Manually Issued Parking Citations 379 $0.75 $284.25
2 Electronically Issued Parking Citations 3797 $0.55 $2,088.35 3 All Notices and Letters (not including
postage)
5,511 $0.55 $3,031.35
4 Administrative Review Responses 356 No Charge $0.00
Item 1I - Page 20
5 Hand Processing 320 No Charge $0.00
6 Out-of-State collections Processing (This
% is for citations paid, not issued)
$15,000
30% $4,550.00
7 Monthly Rental or Lease for all citation
technology equipment & software
(including any internet access charges,
maintenance, license subscription or any
other fees)
$120.00 Per
Unit Per
Month
$2,880.00
8 Any additional fees or costs not defined
above, please describe and enter in the
lines provided below.
Delinquent Collections $24,476.00 26% $6,363.76
SSN Request 344 $3.00 $1,032.00
Franchise Tax Board Processing $2,107.60 15% $316.14
Payment Plan Processing 0 $5.00 $0.00
Adjudication Hold Processing 293 $1.25 $366.25
Estimate Grand Total Annual Cost $20,861.80
ITEM DESCRIPTION Rate
1 NSF Check Processing (Charge to Citizen) $5.00
2 Credit Card Convenience Fee (Charged to Citizen) $3.50
Postage for Correspondence: As we are unable to predict the actual cost of postage or amount of correspondence, if your firm intends to charge the City for actual postage expenses, please provide if your firm passes the cost onto the City as the actual cost incurred, or if your firm applies a mark -up% to the actual cost incurred before invoicing the City: (The City reserves the right to audit contractors postage invoices upon request)
Actual Cost Incurred (no mark-up) ____X____
(or)
Actual Cost Incurred + mark-up: ____________%
Schedule:
The City is contemplating a contract with an initial five (5) year term, with the option for the City to renew for up to two (2) additional terms of two (2) years each. Any renewal is at the sole discretion of the City Manager.
Item 1I - Page 21
I I
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 1I - 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 against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemni fy City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum 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 l imits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million 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, Contractor’s insurance coverage shall be primary with respect to the City and its respe ctive elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage Item 1I - Page 23
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 be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insura nce 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 Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failu re to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with Item 1I - Page 24
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elect ed officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . 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 1I - Page 25
ATTACHMENT B
Item 1I - Page 5
Item 1I - Page 26
Data Ticket, Inc. City of Palm Springs
Attachment D: Completed Public Integrity Business Disclosure Form
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Nc\"18 of Entity
Data Ticket. Inc.
2. Address of Entity (Principal Place of Business)
2603 Main Street, Suite 300 Irvine, CA 92614
3. Local or Caifomia Address (if different than #2)
4. State where Entity is Registered with Secretary of State California
If other than California. is the Entity also reg~ered in California? QYes QNo
5. Type ot Entity
1K) Corporation D Umiled Lmbility Company D Partnel'Blnp O Trust D Other (please BJ)ecify)
6. Officers, Directors, Member.., Managers, Trustees, ·Other F4luclarles (pfease specify) Note: If any response Is not a natural person, please ldenllty all officers, directors, members, managers and other fiduciaries for ~e member, manager, trust, or other entity
Marjorie Fleming ~ Officer D Director D Member tJ Manager [name} General Partner l..Jmited Partner
[Plher
Brook Westcott 00 Officer D Director D Member D Manager [nameJ D General Partner O Limited Partner
Other
A. William Fleming Kl Officer D Director D Member D Manager (name] D GetlG(al Partner O Limited ~artner
Other
Item 1I - Page 27
0 0
Data Ticket, Inc. City of Palm Springs
····•·•• ..
/ f.·•"i >: \ ... ~ . · ... /
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
• .. , . .. ,.
1. Name of Entity
Data Ticket, Inc.
2. Address of Enbty (Principal Place of Business)
2603 Main Street, Suite 300 Irvine, CA 92614
3. Local or California Address (if different than #2)
4. State wnere t:.ntity is Registered with :secretary of State California
If other than California. is the Entity also registered in California? D Yes D No
5. Type of Entity
1K) Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officer.;. 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,. trost, or other entity
Jim Jones Q9 Officer D Director D Member D Manager
(name] D General Partner D Limited Partner
[J)th er
Heather Nowlan O Officer Kl Director D Member D Manager (name) D General Partner D Limited Partner
Other-
0 Officer O Director tJ Member O Manager
[name) D General Partner D limed Partner
Other
Item 1I - Page 28
Data Ticket, Inc. City of Palm Springs
Signature Page:
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.
Marjorie Fleming 66.75%, Data Ticket, Inc.
(name of owner/investor] (percentage of beneficial interest in entity and name of entity]
B.
Brook Westcott 33.25%, Data Ticket. Inc.
[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. TiUe Date
~~
Brook Westcott. Chief Operating Officer
October 17, 2022
I
Page [ 23
Item 1I - Page 29
0 0
Data Ticket, Inc. City of Palm Springs
Business Disclosure Supplementary Instructions
Data Ticket is a California Corportion that is not comprised of other business entities as its members or as having a financial interest in any other business entities.
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT COMPREHENSIVE AIRPORT MASTER PLAN RECOMMENDATION:
Approve contract services agreement No. 9391 with Mead & Hunt, Inc. to provide a comprehensive Airport Master Plan in 30 months in an amount not to exceed $2,275,816.
1. Appropriate funds in the amount of $2,275,816 from Airport Capital Project Fund Balance in Fiscal Year 2023.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR
THE PALM SPRINGS INTERNATIONAL AIPRORT COMPREHENSIVE
AIRPORT MASTER PLAN
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
SUMMARY:
The Palm Springs International Airport proposes to enter into Contract Services Agreement No. 9391 with Mead & Hunt, Inc. for Professional Consulting Services for a Comprehensive Airport Master Plan.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 9391 with Mead & Hunt, Inc. to provide a comprehensive A irport Master Plan in 30 months in an amount not to exceed $2,275,816 (Attachment A).
2. Appropriate funds in the amount of $2,275,816 from Airport Capital Project Fund Balance in Fiscal Year 2023.
3. Authorize the Interim City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure included in the response to RFP 10-23 (Attachment B), Mead & Hunt, Inc. is registered in Middleton, Wisconsin with a principal place of business in Ontario, California.
BACKGROUND:
Palm Springs International Airport (Airport) is a commercial service airport consisting of 930 acres serving approximately 2.0 million passengers in 2021. The Airport serves as Item 1J - Page 1
City Council Staff Report
January 26, 2023 -- Page 2
Award of Agreement to Mead & Hunt
the major commercial and general aviation air transportation center for Southern California’s Coachella Valley.
Two previous Airport Master Plans have been prepared for the Airport , with the initial plan completed in 2003 and the most recent update completed in 2015. The Federal Aviation Administration (FAA) recommends that airports update Master Plans every five years to reflect changes in the operating environment at the a irport and within the industry as a whole.
The Coachella Valley region is showing indications of regional change, which have already had an impact on the Airport. Local resorts have observed increasing occupancy and have indicated considerable growth; the Airport has experienced a corresponding increase along typical indicators which include annual enplanements, annual operations, employee and public parking, and rental car transactions. These changing dynamics are resulting in challenges requiring a comprehensive approach to planning for future airside, terminal, and landside development scenarios and operational changes.
On July 28, 2022, City Council approved the Airport Master Plan scope of work and authorized Staff to proceed with the issuance of a Request for Proposal.
On August 15, 2022, the City’s Procurement Department, working with the Airport and Information Technology staff, issued a Request for Proposals (RFP) and advertised the RFP in The Desert Sun. Four firms submitted proposals and the proposals were evaluated against the criteria listed in the RFP. The evaluation criteria included experience of the firm, experience of the staff and understanding of the scope of work.
After review and analysis by the evaluation committee, consisting of staff from the Airport, Engineering, and Community & Economic Development Departments, Mead & Hunt, Inc. was deemed the highest ranked firm. As cost was not allowed to be evaluated in the initial stage as outlined by FAA regulations, staff negotiated cost with the highest ranked firm to establish a fair and reasonable price for the project. The A irport also established a third-party independent cost estimate to aid in the negotiation process. T he Airport executive staff along with Procurement staff negotiated a fair price for this professional service that was in alignment with the third-party independent cost estimate.
On January 18, 2023, the Airport Commission voted unanimously in favor to recommend to the City Council the approval of a professional service agr eement for the comprehensive Airport Master Plan to Mead & Hunt.
STAFF ANALYSIS:
The FAA requires airports receiving Airport Capital Improvement Program (ACIP) grant funding to maintain an Airport Master Plan with the appropriate environmental analysis and clearance to be eligible for funding of related capital projects. The Airport Master Plan will define the current, short -term, and long- term needs of the Airport through a Item 1J - Page 2
City Council Staff Report
January 26, 2023 -- Page 3
Award of Agreement to Mead & Hunt
comprehensive evaluation of facilities, existing facilities, site conditions, and current FAA airport planning and design standards.
In an effort to establish a solid plan for development to accommodate record growth at the Airport, the City of Palm Springs as owner and operator of the Airport, along with the Federal Aviation Administration Los Angeles Airports District Office (FAA -ADO) have elected to undertake an Airport Master Plan for the Airport. Mead & Hunt, Inc. has developed a scope of services to provide this Airport Master Plan. The Airport Master Plan will address changes in the Airport ’s operational and improvement environment since the completion of previous planning processes, including, but not limited to :
significant increases in number of air carriers ; number of commercial air carrier seats available; changes in development priorities; changes in natural environment and land use compatibility considerations; changing regional economic impact considerations; and evolving factors related to financial management to enable the Airport to meet operational and capital improvement fiscal needs.
The Agreement covers the planning services and tasks associated with the Airport Master Plan and the associated California Environmental Quality Act (CEQA) analysis and Environmental Impact Report (EIR). The project will essentially be completed in three phases over a total 30-month timeframe. For the purposes of FAA grant funding, each of the three phases is expected to result in a deliverable, or a useable unit of work. The proposed three phases are:
• Phase I – Terminal Area Plan
• Phase II – Airfield and Landside Plan
• Phase III – CEQA EIR
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Priority 3, Community Infrastructure, specifically 3A - “Improve City Facilities” and Strategic Priority 4, Good Governance, specifically 4A - “Enhance Service Levels.”
Item 1J - Page 3
City Council Staff Report
January 26, 2023 -- Page 4
Award of Agreement to Mead & Hunt
FISCAL IMPACT:
Approval of this action would require the appropriation of $2, 063,255 from the Airport Project Grants Fund Account 4167070-80000 and the appropriation of $212,561 from the Airport Special Capital Project Fund Account 4167065-80000. The majority of the overall project costs - 90.66% - will be reimbursed by the FAA’s A irport Capital Improvement Program (ACIP), with the remaining 9.34% to be funded by the Airport Spec ial Capital Projects fund balance.
The Airport Master Plan will be funded by the FAA’s ACIP grant funds on a reimbursement basis. Airport staff believes that the FAA will transmit the ACIP grant to the City during the month of June 2023.
REVIEWED BY:
Department Director: Harry Barrett, Jr.
Procurement Manager: Kim Baker
Acting Finance Director: Kristopher Mooney
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Contract Services Agreement No. A9391 with Mead & Hunt, Inc.
B. Public Integrity Business Disclosure
Item 1J - Page 4
ATTACHMENT A
CONTRACT SERVICES AGREEMENT WITH
MEAD & HUNT, INC.
Item 1J - Page 5
CONTRACT SERVICES AGREEMENT A9391
PROFESSIONAL CONSULTING SERVICES FOR COMPREHENSIVE
AIRPORT MASTER PLAN
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on February 2, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Mead & Hunt Inc., a Wisconsin Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a Professional Consulting Services for a Comprehensive Airport Master Plan, (“Project”).
B. Contractor has submitted to City a proposal to provide professional consulting services for a comprehensive Airport Master Plan, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, 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 Contractor’s Scope of Services/Work, attached to this Agreement as Exhibit “A,” and the Comprehensive Airport Master Plan, attached to this Agreement as Attachment “A.” Both Exhibit “A” and Attachment “A” are incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between th e terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and 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 6
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 Services required by this Agreement.
1.4 Familiarity with Work . By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set fo rth in Exhibit “A”. The total amount of Compensation shall not exceed $2,275,816.00.
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 a lump sum basis as set forth in Exhibit “A”, with monthly payments tendered based on the percentage of work completed for the previous month. . City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to 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.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event.
A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a 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 Work); and (4) pandemics, epidemics or quarantine restrictions. 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. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City 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 thirty (30) months, unless extended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contr actor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City.
Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work.
If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Ryan Hayes, Project Manager. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement.
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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 Manager 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 Services. Contractor shall refer any decisions that must be made by City to the Contract 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 principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in 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 its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform 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’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to ass ign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Jeff Leonard, PE Principal-In-Charge
Ryan Hayes Project Manager
Lisa Harmon Environmental/Sustainability Lead
Joanne Dramko Environmental/Sustainability Lead
Anita Cobb Outreach Lead
Katie Franco Outreach Lead
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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 and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, 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 upon the 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 payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. 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 maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees inclu ded), 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 Item 1J - Page 10
finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a 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.
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 business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, 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 such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
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9.1 California Law . This Agreement shall be construed and interpreted 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 Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are 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 various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damage s 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 which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
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10.2 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 (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or 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 writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
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To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Corporate Address: Mead & Hunt Inc.
2440 Deming Way
Middleton, WI 53562
Local Address: 3110 East Guasti Rd, Suite 330
Ontario, CA 91761
11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangem ents, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective an d 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 expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreem ent 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. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
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11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
12. FEDERAL PROVISIONS
Since funding for the Goods is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by referen ce (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MEAD & HUNT, 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 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:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Date:
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EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 SCOPE OF SERVICES
A. PSP intends to complete a high-quality, cost-effective Master Plan in 30 months. The selected consultant is encouraged to utilize existing PSP studies and data, which will be made available during final scoping and negotiations.
B. The anticipated services for the Master Plan would include those typically performed during an airport master planning process, as outlined in FAA Advisory Circular 150/5070-6B (Airport Master Plans). Where possible, information and data gathered as part of the PSP Electronic Airport Layout Plan (eALP) project, pavement management program and other previously completed airport and local/regional studies shall be utilized in order to reduce the scope of work and time required to complete the Project. The scope of work would include, but not be limited to, the following:
1. Inventory of existing conditions:
• Airport Facilities (airside and landside)
• Aviation Activity
• Environmental Issues
• Land Use, Zoning, and Other Local & Regional Planning Studies • Roads and Ground Traffic
• Utilities
• Sustainability Initiatives
2. Aviation Forecasts – Update forecasts for:
• General Aviation Activity
• Air Carrier Activity
• Cargo Activity
3. Facility Requirements:
Assess the ability of the existing airport, both airside and landside, to support the forecasted demand. Identify the demand levels that will trigger the need for facility additions or improvements and estimate the extent of new facilities that may be required to meet that demand including but not limited to:
A. (Phase I) Terminal Area & Landside improvements, including recommendations for:
i. Handling current and future passenger and baggage capacity, and for expansion of existing facilities or siting of new terminal facilities ii. Feasibility and siting of a future Federal Inspection Station (FIS) with the ability to accommodate two Group V aircraft simultaneously iii. Siting of future Cargo facilities to accommodate airline below the wing cargo
iv. An analysis of public parking and opportunities for increasing non- aeronautical revenue, including future expansion of public parking and employee parking areas.
v. Siting of a new Consolidated Rental Car Facility
vi. Siting of an inter -modal/multi-modal transportation facility and discussion on impacts to local and regional plans
vii. Siting for revenue generating environmental sustainability and energy efficient infrastructure
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viii. Roadway improvements to create efficiency and assist with capacity ix. Preserving historically significant resources of the terminal building B. (Phase II) Airside improvements, including recommendations for:
x. Alignment of aeronautical activities with regional plans xi. Handling of current and future aircraft capacity and reconfiguration, development and expansion of existing aprons and ramps
xii. Discuss the length of runways and how that distance is tied to the “design aircraft” and the longest nonstop distance to be flown by the design aircraft from the airport
xiii. Potential improvements associated with future aircraft technologies that could operate at the airport such as electric aircraft and their associated service and charging needs, sustainable aviation fuels, urban air mobility and vertiports, etc.
xiv. Methods of increasing safety and efficiency of aircraft operations. xv. A discussion of existing General Aviation and recommendations for future development
xvi. An analysis of current and potential noise impacts stemming from increased commercial aeronautical activity and recommendations for mitigation
4. Alternatives Development and Evaluation – Identify options to meet projected facility requirements and alternative configurations for each major component.
Assess the expected performance of each alternative against a wide range of evaluation criteria, including its operational, environmental, and financial impacts.
Based on this assessment provide recommended development alternatives and triggers for their implementation. Some alternatives will focus on enhancing/maximizing revenue producing opportunities. Alternatives will address short (5 year), medium (10 year) and long range (20 year) facility requirements.
5. Environmental Considerations – Determine the environmental requirements needed to move forward with each project in the recommended development program.
6. Airport Layout Plan – Provide full electronic and hardcopy Airport Layout Plans and a Narrative Report depicting the phased development plan in the near -term, medium-term, and long-term development of PSP. This will include updating the eALP to reflect proposed development identified in the study and reconciling PSP’s “Exhibit A” property map. “Exhibit A” reconciliation will likely require survey work.
7. Facilities Implementation Plan – Provide a description of the recommended improvements, estimated implementation triggers and costs to be used in the development of a capital improvement plan.
8. Financial Feasibility Analysis – Identify the financial plan for PSP, and the means by which PSP can finance the projects recommended in the master plan.
Demonstrate the financial feasibility of each project or program element. Include discussion for rate-making methodology considerations, airport debt service and 10-year outlook for revenue.
9. Sustainability – The sustainability component of the Master Plan should focus on the environmental aspects of capital improvement projects, including their financing, design, construction, and operations, from a holistic policy level.
Sustainability recommendations should be useful tools to guide, not constrain, decision-making.
10. Community Outreach/Stakeholder Input Facilitation – Since the long- range development of PSP will have an impact on the surrounding community, Item 1J - Page 19
opportunities for public involvement throughout the process will be critical to the success of this Project.
A Master Plan Stakeholder Advisory Committee with broad representation will likely be formed to provide Master Plan input, facilitated by PSP staff in coordination with the Master Plan consultant. Typical input will be on a quarterly basis or other appropriate intervals/milestones in the process. PSP also anticipates conducting public outreach workshops periodically to communicate progress and gather feedback from a broader audience. Finally, the consultant will utilize innovative, digital tools, in addition to the palmspringsairport.com website, during the Master Plan study. PSP encourages teams to submit creative ideas and solutions in order to garner robust and effective public participation.
11. CEQA Analysis – Prepare and complete necessary studies and reports to comply with the California Environmental Quality Act (CEQA).
12. Attendance at Meetings – Consultant shall attend all necessary meetings with the City or its representatives during all phases of the services, and the Executive Director shall be notified in advance by consultant if a meeting is called by a party other than said Executive Director.
13. City to Provide – The City shall make available to the Consultant all technical data that is in the City's possession and requested by consultant, if any, including maps, surveys, property descriptions, planning documents, test results, condition reports, inspections, drawings, as -built drawings, and other available information requested by the Consultant and relating to its work. City does not certify to th e accuracy of such documents and Consultant shall be solely responsible for any use or reliance by consultant upon such information in performing its services hereunder.
1.2 Required Information to be included in your proposal:
1. Name, size, description, and history of firm.
2. Location of main office and location of the office where work will be accomplished.
3. Qualifications and previous experience, including a list of former airport clients on similar projects within the past five years; and on-time/within budget performance of the similar projects. Information regarding work performed in communities with population less than 500,000 and in resort areas are welcomed.
4. Provide a listing of all sub-consultants to be used, including responsibilities and qualifications for each sub-consultant.
5. List experience and methodology regarding civic engagement and community outreach in the airport master planning process. As part of experience, list participation levels of citizens, stakeholders, residents, etc. which you were able to successfully engage in the Master Plan process.
6. List experience integrating guiding documents into Master Plans. (See Guidance and Reference Documents list in Scope of Work)
7. Provide an organization chart with all identified firms and resumes of key personnel who will be assigned to complete the proposed project, listing their roles and responsibilities and project approach.
8. List current workload by identifying other projects key personnel will be working on simultaneously with this project and how much time is projected to be dedicated to this project.
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9. Proposed methodology to achieve Disadvantaged Business Enterprise ( DBE) participation in accordance with project funding requirements.
10. Time is of the essence on this Project; it is the intent of the Palm Springs International Airport to hold the 3 community master plan workshops starting in October of 2022 with delivery of draft Master Plan Elements/chapters to the City of Palm Springs by August 30th, 2023. Schedule of project timeline including kickoff Meeting, key milestones, outreach meeting schedule, and final delivery of Product. (Dates subject to change)
11. Cost to complete the Study. The highest ranked firm will be asked to provide a cost proposal.
12. Provide any additional comments, which you may believe to be relevant.
The selection process shall generally follow the process outlined in Chapter 2 of the FAA Advisory Circular 150/5100- 14D. The process for the evaluation of the responses to this request may also include an interview of candidates selected from the list of all respondents. Candidates of this pre-selection list may be asked to make an oral presentation of 20 to 30 minutes regarding their services and then respond to questions by a review panel.
Partnering or teaming with local businesses and firms which provide public relation, outreach, engineering, planning or other products and skills pertinent to the Master Plan update, and where appropriate, will be considered favorably but is not required.
Disadvantaged Business Enterprises (DBE’s) are encouraged to respond to this solicitation.
Community Outreach, Coordination, and Documentation
Civic Engagement and collaboration is a priority in the Master Plan Update effort.
Adapting the guidelines of the International Association of Public Participation, the City commits itself to these standards for each of these approaches:
● Inform – “We will provide the public with balanced and objective information to assist them in understanding a problem, alternatives, opportunities and/or solutions.”
● Consult – “We will collect public feedback on analysis, alternatives and/or decisions from our community.”
● Involve – “We will work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered.” ● Collaborate – “We will partner with the public in each aspect of the decision including the development of alternatives and identification of the preferred solution.”
The Master Plan public outreach efforts should include significant citizen engagement activities where opportunities are provided for interchange and learning between staff, consultants, and City of Palm Springs constituents. Methods should be devised to reach out and engage unrepresented segments of our community. PSP’s aim is to have citizens and stakeholders connected to the process with a sense of investment in the results of the Plan. Of paramount Item 1J - Page 21
importance will be that citizens feel the PSP listened and acted based on their comments and that the Master Plan process was worth their time and energy. A focus of this effort will be to understand the community’s current and future desires of what services the airport should provide and what it should become over the next 10 to 20 years. An equally important question to ask as part of this process is what the community does not want the airport to become.
Prior to commencing project work, the selected consultant will conduct two half -day strategy sessions with the Airport Commission to clarify and solidify goals and outcomes. With assistance from Airport staff and Airport Commission, selected consultant will be expected to conduct 3 in person workshops/open houses for the public early in the process. The staff may also require a virtual workshop format in addition to the in -person workshops. Consultant will also be required to provide a website/microsite to inform, consult, involve, and collaborate with the public.
Guidance and Reference Documents:
1. FAA AC 150/5070 – Airport Master Plans
https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/do cumentnumber/150_5070-6
2. FAA AC 150/5300 – Airport Design
https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/do cumentnumber/150_5300-13
3. FAA AC 150/5060 – Airport Capacity & Delay
https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.informatio n/documentID/22824
4. FAA AC 150/5325- Runway Length Requirements
https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/do cumentnumber/150_5325-4
5. 14 CFR Part 77 – Safe, Efficient Use, and Preservation of Navigable Airspace https://www.ecfr.gov/current/title-14/chapter-I/subchapter-E/part-77
6. FAA Order 5100 AIP Handbook
https://www.faa.gov/airports/aip/aip_handbook/
7. FAA Order 1050 Environmental Impacts
https://www.faa.gov/documentlibrary/media/order/1050.1e.pdf
8. FAA Order 5050
https://www.faa.gov/airports/resources/publications/orders/environmental_5050_4/
1.3 Term:
Work will commence upon issuance of a Notice to Proceed and shall be completed in thirty (30) months.
1.4 Compensation:
Work will be compensated on a lumpsum basis. Highest ranked firm will be asked to submit their pricing for review and negotiation. Contract pricing shall include all labor, Item 1J - Page 22
expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
Item 1J - Page 23
PSP COMPREHENSIVE AIRPORT MASTER PLAN - COST PROPOSAL REVISED Elem~nt Number/TITLE TOTAL TOTAL% REVilSED TOTAL REVISED TOTAL% Element One/ DATA COILLECTION / INVENTORY OF EXISTING CONDITIONS $232,796 10% $232,796 10% Element Two/AVIATION ACTIVlrY FORECASTS $168,411 7% $168,411 7% Element three/ PHASE I TERMINAL AREA REQUIREMENTS $89,388 % $89,388 4% Element Four/PHASE I TERMINAL AREA ALTERNATIVES $350,30 15% $350,304 15% Element Five/PHASE II AIRFIELD AND LANDSIDE REQUIREMENTS $29,088 1% $29,088 1% Element Six/PHASE II AIRFIELD AND LANDSIDE ALTER ATIVES $66,050 3% $66,050 3% Element Seven/AIRPORT LAYOUT PLA $146,.533 6% $146,533 6% Element Eight/FACILITIES IMPLEMENTATION PLAN $14,616 1% $14,616 1% Element ine/ FINANCIAL FEASIBILITY ANALYSIS $52,086 2% $52,086 2% Element Twelve/COMMUNITY OUTREACH/ STAKEHOLDER INPUT FACILITATION $281,684 12% $281,684 12% Element Ten/DOCU ENTATION $117,328 5% $117,328 5%
Element Elleven/AGIS, AERIAL PHOTOGRAPHY A D BOUNDARY SURVEY $290,324 13% $290,324 13% Elementthirteen/ STU DY DESIGN, MANAGEMENT, CO MUNICATIO $222,308 10% $193,204 8% PHASE 1/11 MASTER PLAN SUBTOTAL $2,060,916 89% $2,031,812 89% Element Fourteen/CEQA $244,00 11% $244,004 11%
PHASE 1/11/CEQA TOTAL $2,304,920 100%1 $2,275,816] 100%
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 24
INSURANCE
1. Procurement and Maintenance of Insurance . Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required 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 limit s 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:
X required
is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million 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, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims Item 1J - Page 25
made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agr eement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rat ing 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, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects Cit y of Palm Springs Contract No. " or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." (" as respects City of Palm Springs Contract No. " or " for any and all work performed with the City" may be included in this statement).
C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
Item 1J - Page 26
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and re lated investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . 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 27
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
Item 1J - Page 28
FAA – 27 Veteran’s Preference 53
*Solicitation Clause also
Item 1J - Page 29
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 pertinent 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 30
FAA - 02 Affirmative Action Requirement
Not applicable.
Item 1J - Page 31
FAA – 03Breach of Contract
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
Item 1J - Page 32
FAA – 04Buy American Preferences
The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. Specific Buy American requirements will be outline in the solicitation documents. If no requirements are found in the solicitation this clause if void.
Reference: Title 49 USC § 50101
Item 1J - Page 33
FAA – 05Civil Rights General
The Supplier agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal 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 34
FAA – 06Civil Rights – Title VI Assurances
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Supplier, for itself, its assignees, and successors in interest (hereinafter referred to as the “Supplier”), agrees as follows:
1. Compliance with Regulations: The Supplier (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The 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 indirectly 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 Subcontracts, 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 leases 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 sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Supplier will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a 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.
6. Incorporation of Provisions: The Supplier will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The 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 because 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.
Item 1J - Page 35
A6.4.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Supplier, for itself, its assignees, and successors in interest (hereinafter referred to as the “Supplier”) agrees to comply with the following non - discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR 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 definition of the terms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the 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 §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
Item 1J - Page 36
Reference: 49 USC § 47123, FAA Order 1400.11
Item 1J - Page 37
FAA – 07 Clean Air/Water Pollution Control
If the Agreement exceeds $150,000, Supplier agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740- 7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The 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 38
FAA – 08 Contract Work Hours and Safety Standards
Not applicable.
Item 1J - Page 39
FAA – 09 Copeland Anti-Kickback
Not applicable.
Item 1J - Page 40
FAA – 10 Davis Bacon Requirements
Not applicable.
Item 1J - Page 41
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 Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 Item 1J - Page 42
FAA – 12 Disadvantaged Business Enterprise
Contract Assurance (§ 26.13) –
The Supplier or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Supplier shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation -assisted contracts. Failure by the Supplier to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Supplier from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this 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 contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above 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 43
FAA – 13 Distracted Driving
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and 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 ve hicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
Item 1J - Page 44
FAA – 14 Energy Conservation Requirements
Supplier and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).
Reference: 2 CFR § 200, Appendix II(H)
Item 1J - Page 45
FAA – 15 Drug Free Workplace Requirements
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) Item 1J - Page 46
FAA – 16 Equal Employment Opportunity
A16.3.1 EEO Contract Clause
During the performance of this contract, the Supplier agrees as follows:
(1) The Supplier will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Supplier will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, inc luding apprenticeship. The Supplier agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The 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 employment 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 provided advising the said labor union or workers’ representatives of the Suppli er’s commitments under this section and shall post copies of the notice in conspicuous places 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 unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Supplier will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Supplier may request the United States to enter into such litigation to protect the interests of the United States.
Item 1J - Page 47
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 Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Supplier, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Supplier is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor partic ipating 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 go als set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Supplier should reasonably be able to achieve in each construction trade in which Item 1J - Page 48