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.
FEBRUARY 9, 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.
February 9, 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 January 26, 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 01-07-23 AND 01-21-23 TOTALING $4,265,785.49 AND ACCOUNTS PAYABLE WARRANTS DATED 01-05-23 AND 01-19-23 TOTALING $8,672,298.41, IN THE AGGREGATE AMOUNT OF $12,938,083.90, DRAWN ON BANK OF AMERICA."
D. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE “G”
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL
ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”.
E. REQUEST FOR APPROVAL OF ADDITIONAL FUNDING FOR THE TURF
CONVERSION MATCHING REBATE PROGRAM
RECOMMENDATION:
Approve an additional appropriation of $300,000 from the General Fund’s Climate Action allocation to provide a match to DWA’s turf conversion rebate.
F. APPROVE CONTRACT SERVICE AGREEMENT NO. A9183 WITH JOHNSON February 9, 2023 City Council Regular Meeting Agenda 3 F. APPROVE CONTRACT SERVICE AGREEMENT NO. A9183 WITH JOHNSON
CONTROLS FIRE PROTECTION, LP TO TEST AND INSPECT THE FIRE
ALARM SYSTEM AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Contract Service Agreement No. A9183 with Johnson Controls Fire Protection, LP to test and inspect the fire alarm system at the Palm Springs International Airport and provide repairs as needed, in an amount not to exceed $90,000, beginning January 1, 2023, through December 31, 2025.
1. Authorize the Interim City Manager or designee to execute all necessary documents.
2. G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.”
H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2081, 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:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2081, “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.”
I. A REQUEST BY JOHN W. MICH, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1851 SANDCLIFF
ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN
APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-011), (HSPB #93/HD-5)
RECOMMENDATION:
Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, John W. Mich, and the Sandcliff Homeowners Association.
1. February 9, 2023 City Council Regular Meeting Agenda 4 Association.
Authorize the Interim City Manager to execute the Agreement.2.
Direct the City Clerk to record the Agreement with the County of Riverside.3.
J. APPROVE REPAIR TO CHAIRMAN OF THE LINKS SCULPTURE IN THE AMOUNT OF $895 OF PUBLIC ARTS FUNDS
RECOMMENDATION:
Approve repairs to the Chairman of the Links sculpture located at 124 South Palm Canyon Drive in the amount of $895 of Public Art Funds
K. APPROVE THE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,333 FOR
THE PALM SPRINGS ART MUSEUM BLACK HISTORY MONTH ART EVENT RECOMMENDATION:
Approve funding in the amount of $3,333 of Public Art Funds to the Palm Springs Art Museum for Black History Month artist fees.
L. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $20,398, APPROVE AN INTERLOCAL AGREEMENT WITH
OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE COUNTY OF
RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT
RECOMMENDATION:
Approve the acceptance of a grant award from the United States Department of Justice in the amount of $20,398 for the 2022 Justice Assistance Grant (JAG) Program.
1. Approve Interlocal Agreement 23F014 with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies.
2. Authorize the Interim City Manager to execute all necessary documents. 3.
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “THE SECURITY FIRST NATIONAL BANK” LOCATED AT 500 SOUTH INDIAN CANYON DRIVE, (APN #508-121-001), CASE HSPB #137 RECOMMENDATION:
Open the public hearing and receive public testimony. 1.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE SECUIRTY FIRST NATIONAL BANK” LOCATED 500
2. February 9, 2023 City Council Regular Meeting Agenda 5 SOUTH INDIAN CANYON DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #137, SUBJECT TO CONDITIONS (APN 508-121-001).”
B. ADOPT A RESOLUTION AMENDING THE CITY’S COMPREHENSIVE FEE
SCHEDULE TO INCORPORATE THE PROPOSED VACATION RENTAL
JUNIOR PERMIT FEE, TO BECOME EFFECTIVE APRIL 10, 2023
RECOMMENDATION:
Staff recommends City Council adopt a resolution amending the City’s Comprehensive Fee Schedule to incorporate the proposed fee, for the Vacation Rental Junior Permit.
C. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS’ ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE (MASTER APN #512-120-070), CASE HSPB #140
This item will be requested to be continued on a date certain of February 21, 2023.
3. BUSINESS & LEGISLATIVE:
A. APPROPRIATE $3,000,000 FOR THE PALM SPRINGS NAVIGATION CENTER;
APPROVE A RESOLUTION ADOPTING A NONDISCRIMINATION POLICY FOR HOMEKEY FUNDED PROJECTS; AND RECEIVE AN UPDATE ON THE
NAVIGATION CENTER PROJECT
RECOMMENDATION:
Appropriate and budget funds in the amount of $3,000,000 for the Navigation Center project located at 3589 McCarthy Road.
1. Approve a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY
FUNDED IN WHOLE OR IN PART WITH HOMEKEY FUNDS.”
2. B. ADOPT A RESOLUTION DETERMINING AND RECOGNIZING AREAS IN THE
CITY NOT LOCATED IN A CITY-RECOGNIZED NEIGHBORHOOD FOR THE PURPOSE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.25 –
VACATION RENTALS
RECOMMENDATION:
Staff recommends City Council adopt a resolution to recognize, for the purpose of Palm Springs Municipal Code Chapter 5.25 – Vacation Rentals, areas not otherwise located in a City-recognized Neighborhood.
C. DISCUSSION OF PROPOSED AMENDMENTS TO THE OPERATIONS
February 9, 2023 City Council Regular Meeting Agenda 6 C. DISCUSSION OF PROPOSED AMENDMENTS TO THE OPERATIONS
COVENANT, TRANSIENT OCCUPANCY TAX SHARE, AND SITE PLAN
REVISIONS FOR THE ORCHID TREE HOTEL DEVELOPMENT LOCATED AT 222 S. CAHUILLA ROAD
RECOMMENDATION:
Discuss the proposed revisions to the Amended and Restated Operations Covenant and provide direction to staff.
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 February 3, 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 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 February 9, 2023 City Council Regular Meeting Agenda 7 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.
February 9, 2023 City Council Regular Meeting Agenda 8
CITY COUNCIL STAFF REPORT
02/09/2023
SUBJECT:
3:30 P.M. CLOSED SESSION
Attachments
2023-02-09 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, February 9, 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.
EXISTING LITIGATION G.C. § 54956.9(d)(1)
Worker’s Compensation Claim # 22-160550 (Andrew Cotter)
MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)
Two (2) 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.
INITIATION OF LITIGATION GC.§ 54956.9(d)(4)
Under existing fa cts and circumstances, there is one (1) matter 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:
Highway 111, within the City of Palm Springs jurisdictional boundaries
Teresa Gallavan, Interim City Manager; Joel Montalvo, City Engineer
California Department of Transportation (Caltrans)
Price and terms of transfer
Closed Session Agenda
February 09, 2023
Property:
City Negotiator:
Negotiating parties:
Under negotiation:
Lot W of Tract 35540, located in Desert Palisades Community Teresa Gallavan, Interim City Manager, Flinn Fagg, Dep. City Manager
Pinnacle View, LLC
Price and Terms
CITY COUNCIL STAFF REPORT
02/09/2023
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: February 09, 2023 CONSENT CALENDAR
SUBJECT: FI
NDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION,
AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Teres
a Gallavan, Interim City Manager
BY: Brenda Pree,
City Clerk
RECOMMENDATION:
Find that th
e 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 New
som’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.
In order to
utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:
(1) state or l
ocal 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 C
ouncil 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
February 09, 2023 -- 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:
Ther
e 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
02/09/2023
SUBJECT:
APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of January 26, 2023.
Attachments
Item 1B
Thursday, January 26, 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 26, 2023, at 5:34 p.m.
PLEDGE OF ALLEGIANCE:
Zoe Gray Freshman at Palm Springs High School she is a member of the Palm Springs High Sprit of the Sands Band and Visual Choir and a member of Girl Scouts of San Gorgonio Troop 2517.
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 Brent Rasi, 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 1M removed for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of January 26, 2023 was called to order by Mayor Garner at 3:39 p.m., with f our members present and Councilmember Middleton to join shortly after it started.
Item 1B - Page 1
City Council Minutes January 26, 2023
City of Palm Springs Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action.
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.
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: 3589 McCarthy Rd. Palm Springs, CA. 92596 (APN: 669- 420-019)
Palm Springs, CA
City Negotiator: Teresa Gallavan, Interim City Manager Negotiating Parties: County of Riverside Housing and Workforce Solutions Under Negotiation: Price and Terms for Real Property Covenants
CONFERENCE WITH REAL LABOR NEGOTIATOR, Pursuant to Government Code Section 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 Firefighter Association (PSFA)
Palm Springs Fire Management (PSFMA)
Item 1B - Page 2
City Council Minutes January 26, 2023
City of Palm Springs Page 3
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
PUBLIC COMMENT:
Michael Joseph Pitkin
Jeff Hocker
Jessica Spry
1. CONSENT CALENDAR:
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to approve the consent calendar with abstention on 1B for Bernstein, and pull for separate discussion 1M.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILM EMBER 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 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 MIDDLETON, CARRIED 4-0-1 (Bernstein, Jeffrey) to 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
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to adopt Resolution No. 25083 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 1 2-22-22 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
Item 1B - Page 3
City Council Minutes January 26, 2023
City of Palm Springs Page 4
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5- 0 to receive and file the report of Staff Authorized Agreements and purchase orders.
E. APPROVE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to approve roster of the City Council Subcommittees with changes addressed at the Dias and approve City Clerk to prepare and execute FPPC Form 806 for Public Official Appointments.
F. APPROVAL OF SISTER CITY PROGRAM AGREEMENT
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5- 0 to 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. A 9068 WITH M. BREY ELECTRIC, INC. FOR ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $50,000 FROM THE GENERAL FUND
BALANCE
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5- 0 to 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 e xceed $750,000 through April 10, 2025.And Appropriate $50,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase and authorize the Interim City Manager or designee to execute all necessary documents.
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
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5- 0 to 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. Appropriate $100,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase and authorize the Interim City Manager or designee to execute all necessary documents.
I. APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA TICKET, INC. TO PROVIDE PARKING CITATION MANAGEMENT SERVICES Item 1B - Page 4
City Council Minutes January 26, 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 MIDDLETON, CARRIED 5- 0 to; 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. Authorize the Interim City Manager to execute all necessary documents.
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
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to; 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. Appropriate funds in the amount of $2,275,816 from Airport Capital Project Fund Balance in Fiscal Year 2023. Authorize the Interim City Manager or designee to execute all necessary document.
K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE EQUIPMENT SALES & SERVICE, INC., DBA WESSCO, FOR TWO TRASH
COMPACTORS FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to 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.
Appropriate $23,451.41 from Airport Fund 416 Special Capital Project Fund Balance.
Authorize the Interim City Manager or designee to execute all necessary documents.
L. AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE 2023 PALM SPRINGS HEALTH RUN & WELLNESS FESTIVAL AT RUTH HARDY PARK
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to 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. Authorize the Interim City Manager to execute all necessary documents.
M. APPROVE APPROPRIATION OF $405,000 FROM GENERAL FUND BALANCE
TO CODE COMPLIANCE DEPARTMENT FOR ABATEMENT SERVICES
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0 to a pprove appropriation of $405,000 from General Fund Balance to the Code Compliance Department for abatement services.
Item 1B - Page 5
City Council Minutes January 26, 2023
City of Palm Springs Page 6
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
N. APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC.
FOR ON- CALL FENCE REPAIR AND INSTALLATION SERVICES
MOTION BY COUNCILME MBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to; 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. Authorize the Interim City Manager or designee to execute all necessary documents.
2. PUBLIC HEARINGS:
A. APPEAL BY 12 @ LAS PALMAS, LLC OF THE DECISION OF THE PLANNING
COMMISSION TO CONDITIONALLY APPROVE A CON DITIONAL 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)
Public Speakers for Public Hearing - Dennis Cunningham, Appellant, Ernest Vincent, Appellant, and Garth Gilpin
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, FAILED 2-3 to uphold the Planning Commissions original decision.
3. BUSINESS & LEGISLATIVE:
A. APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT
STILES, ICMA-CM, AND VERBAL REPORT REGARDING COMPENSATION TERMS.
MOTION BY COUNCILME MBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Employment Agreement Appointing Scott Stiles as City Manager, effective March 6, 2023, and Setting Compensation and Other Terms of Employment.
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)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5- 0 to adopt an urgen cy Ordinance No. 2080 entitled, "AN Item 1B - Page 6
City Council Minutes January 26, 2023
City of Palm Springs Page 7
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
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
MOTION BY COUNCILMEMBER DEHARTE SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to introduce on first reading an Ordinance No. 2081 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
Provided staff direction on issuance of a Request for Proposals to dispose of three single- family lots in the Desert Highlands Gateway Estates Community.
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
MOTION BY COUNCILMEMBER DEHARTE SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to introduce on first reading an Ordinance No. 2082 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.”
PUBLIC COMMENT:
Michael Joseph Pitkin, resident
Amado C. Salinas II, American Legion
Deborah McGarrey, Resident
Steven Strickberger, Resident
Lonnie Landers, Resident
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Item 1B - Page 7
City Council Minutes January 26, 2023
City of Palm Springs Page 8
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
Interim City Manager Gallava n and the City Council discussed the tentative upcoming meeting schedule and agenda items.
ADJOURNMENT:
The City Council adjourned on Thursday, January 26, 2023, at 9:28 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: __/__/2023
Item 1B - Page 8
CITY COUNCIL STAFF REPORT
02/09/2023
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 01-07-23 AND 01-21-23 TOTALING $4,265,785.49 AND ACCOUNTS PAYABLE WARRANTS DATED 01-05-23 AND 01-19-23 TOTALING $8,672,298.41, IN THE AGGREGATE AMOUNT OF $12,938,083.90, 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 01-07-23 AND 01 -21-23 TOTALING
$4,265,785.49 AND ACCOUNTS PAYABLE WARRANTS
DATED 01-05-23 AND 01 -19-23 TOTALING $8,672,298.41,
IN THE AGGREGATE AMOUNT OF $ 12,938,083.90,
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 9TH DAY OF FEBRUARY, 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
TOTAL 2,180,158.58
DEFERRED COMP: NATIONWIDE 27,196.82
ICMA RHS CONTRIBUTION 21,037.50
CA DCCS 2,670.04
STATE TAXES 106,164.10
11,815.35
VENDOR WIRE PYMTS 4,604.98
DEFERRED COMP: ICMA 457 41,317.18
LIABILITY CHECK REGISTER 2008004-2008017 24,711.70
PAYROLL DIRECT DEPOSITS 1,592,428.30
FEDERAL TAXES 323,487.97
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422236-422246 24,724.64
February 9, 2023
PAYROLL PERIOD ENDING 1/7/2023
PAY DATE 1/13/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 02092023 |1/30/2023 | 1:17 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
TOTAL 2,085,626.91
DEFERRED COMP: NATIONWIDE 26,583.17
ICMA RHS CONTRIBUTION 20,837.50
CA DCCS 2,881.54
STATE TAXES 96,776.15
11,740.35
VENDOR WIRE PYMTS 4,581.19
DEFERRED COMP: ICMA 457 40,363.01
LIABILITY CHECK REGISTER 2008250-2008264 25,029.31
PAYROLL DIRECT DEPOSITS 1,543,802.89
FEDERAL TAXES 292,897.10
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422247-422257 20,134.70
February 9, 2023
PAYROLL PERIOD ENDING 1/21/2023
PAY DATE 1/27/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 02092023 (2) |1/30/2023 | 1:18 PM (AM) 1 | 1 Item 1C - Page 4
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/05/2023 15:00
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007844 01/05/2023 PRINTED 100824 15000 INC 3,150.00 2007845 01/05/2023 PRINTED 100390 ADDICTION MEDICINE CONSUL 2,177.00 2007846 01/05/2023 PRINTED 104045 ADVEXURE LLC 273.13 2007847 01/05/2023 PRINTED 101891 AFLAC 71.00 2007848 01/05/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 30,068.98 2007849 01/05/2023 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 47,217.76 2007850 01/05/2023 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 13,969.80 2007851 01/05/2023 PRINTED 103781 AMAZON.COM SALES INC 10,960.21 2007852 01/05/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 149.38 2007853 01/05/2023 PRINTED 103528 ARCHITECTURAL RESOURCES G 55,049.20 2007854 01/05/2023 PRINTED 100517 ARMSTRONG GARDEN CENTERS 4,720.32 2007855 01/05/2023 PRINTED 100413 B & H PHOTO 2,393.54 2007856 01/05/2023 PRINTED 103994 BANNER BANK 27,585.63 2007857 01/05/2023 PRINTED 100366 BIO TOX LABORATORIES 2,793.00 2007858 01/05/2023 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 495,578.03 2007859 01/05/2023 PRINTED 100128 BRODART CO 6,159.23 2007860 01/05/2023 PRINTED 101331 BRUCE BOWER INVESTIGATION 2,290.00 2007861 01/05/2023 PRINTED 100173 ALLAN OLSON 371.45 2007862 01/05/2023 PRINTED 103263 BWW & COMPANY INC 11,400.00 2007863 01/05/2023 PRINTED 100899 CALIFORNIA PEACE OFFICERS 2,500.00 2007864 01/05/2023 PRINTED 103778 CALIFORNIA WATER OPERATOR 1,200.00 2007865 01/05/2023 PRINTED 101837 CASC ENGINEERING AND CONS 17,641.89 2007866 01/05/2023 PRINTED 100112 CDW GOVERNMENT INC 2,842.54 2007867 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,319.45 2007868 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,769.00 2007869 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2007870 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2007871 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 206.04 2007872 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2007873 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,213.24 2007874 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 156.56 2007875 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007876 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2007877 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2007878 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2007879 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007880 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2007881 01/05/2023 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2007882 01/05/2023 PRINTED 101350 CLASSIC AUTO RESTYLING 810.00 2007883 01/05/2023 PRINTED 100308 CLINICAL LABORATORY OF SA 225.00 2007884 01/05/2023 PRINTED 101771 CMS COMMUNICATIONS INC 109.00 2007885 01/05/2023 PRINTED 103661 CODE 5 GROUP LLC 3,000.00 2007886 01/05/2023 PRINTED 104082 CONSORTECH SOLUTIONS INC 15,000.00 2007887 01/05/2023 PRINTED 104121 COPLEYS RESTAURANT INC 7,500.00 2007888 01/05/2023 PRINTED 103771 CORE COMPLIANCE LLC 3,500.00 2007889 01/05/2023 PRINTED 100205 NANCY K BOHL INC 4,350.00 2007890 01/05/2023 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 3,691.50 2007891 01/05/2023 PRINTED 100115 DANIELS TIRE SERVICE INC 621.86 2007892 01/05/2023 PRINTED 100318 DATA TICKET INC 2,363.53 2007893 01/05/2023 PRINTED 100265 DELL MARKETING LP 45,696.01 2007894 01/05/2023 PRINTED 101281 DELTA DENTAL HMO 1,581.94 2007895 01/05/2023 PRINTED 101282 DELTA DENTAL PPO 22,571.06 Item 1C - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/05/2023 15:00
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007896 01/05/2023 PRINTED 104130 BIG BOBS CAR WASH LLC 6,324.69 2007897 01/05/2023 PRINTED 100008 DESERT SUN PUBLISHING COM 3,073.20 2007898 01/05/2023 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 1,735.86 2007899 01/05/2023 PRINTED 100616 DREAM SHAPERS 415.00 2007900 01/05/2023 PRINTED 100984 DTPS C-15 LLC 3,182.71 2007901 01/05/2023 PRINTED 100294 DUDEK 24,500.00 2007902 01/05/2023 PRINTED 100054 DESERT WATER AGENCY 35,446.74 2007903 01/05/2023 PRINTED 100054 DESERT WATER AGENCY 22,028.29 2007904 01/05/2023 PRINTED 104137 NOREEN DZHRDZHYAN 857.00 2007905 01/05/2023 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2007906 01/05/2023 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 91,323.50 2007907 01/05/2023 PRINTED 100274 ENGINEERING RESOURCES OF 1,755.00 2007908 01/05/2023 PRINTED 101496 ESCOBEDO ENTERPRISES 2,400.00 2007909 01/05/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,674.57 2007910 01/05/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,109.97 2007911 01/05/2023 PRINTED 100158 GALLS LLC 1,486.11 2007912 01/05/2023 PRINTED 100600 GEOSPATIAL TECHNOLOGIES I 3,034.50 2007913 01/05/2023 PRINTED 103824 GOVOS INC 7,500.00 2007914 01/05/2023 PRINTED 104064 GRANGERS MECHANICAL INC 850.00 2007915 01/05/2023 PRINTED 100521 GRUBER POWER 2,212.56 2007916 01/05/2023 PRINTED 101343 HARRIS AND ASSOCIATES INC 3,600.00 2007917 01/05/2023 PRINTED 103912 HERC RENTALS INC 5,269.70 2007918 01/05/2023 PRINTED 100033 WALTER FAMILY PARTNERSHIP 280.95 2007919 01/05/2023 PRINTED 100388 INFOTOX INC 1,925.00 2007920 01/05/2023 PRINTED 101258 INLAND VALLEY APPRAISERS 850.00 2007921 01/05/2023 PRINTED 100119 INTERACTIVE DESIGN CORPOR 1,415.00 2007922 01/05/2023 PRINTED 100488 JOEY ENGLISH PRODUCTIONS 1,200.00 2007923 01/05/2023 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 217,561.13 2007924 01/05/2023 PRINTED 103792 KAPTIVE CONSTRUCTION AND 1,505.00 2007925 01/05/2023 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 3,157.74 2007926 01/05/2023 PRINTED 101606 KINCAID INDUSTRIES INC 74,380.36 2007927 01/05/2023 PRINTED 101200 KOA CORPORATION 36,290.70 2007928 01/05/2023 PRINTED 101713 LESAR DEVELOPMENT CONSULT 21,848.25 2007929 01/05/2023 PRINTED 101260 THE LLOYD PEST CONTROL 5,608.00 2007930 01/05/2023 PRINTED 103726 LY ENVIRONMENTAL INC 4,885.00 2007931 01/05/2023 PRINTED 103647 MARINA LANDSCAPE INC 5,949.69 2007932 01/05/2023 PRINTED 104086 MASCORRO CONCRETE CONSTRU 3,530.00 2007933 01/05/2023 PRINTED 101798 MIDWEST TAPE INC 4,217.18 2007934 01/05/2023 PRINTED 100079 MOHICA TOWING 115.00 2007935 01/05/2023 PRINTED 100520 MONTGOMERY HARDWARE 4,282.24 2007936 01/05/2023 PRINTED 104136 PAULA MONTGOMERY 1,210.00 2007937 01/05/2023 PRINTED 101855 MOTOWORX GARAGE 1,641.78 2007938 01/05/2023 PRINTED 101801 MUNICIPAL EMERGENCY SERVI 27,975.10 2007939 01/05/2023 PRINTED 100765 MUNISERVICES / AVENU INSI 15,668.20 2007940 01/05/2023 PRINTED 101304 MWH CONSTRUCTORS INC 133,405.26 2007941 01/05/2023 PRINTED 101211 NAI CONSULTING 7,497.00 2007942 01/05/2023 PRINTED 103676 WISE EDUCATION TECHNOLOGY 16,710.00 2007943 01/05/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,169.23 2007944 01/05/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 5,400.48 2007945 01/05/2023 PRINTED 100280 OTIS ELEVATOR COMPANY 18,071.10 2007946 01/05/2023 PRINTED 100458 PALM SPRINGS AIR MUSEUM I 3,000.00 2007947 01/05/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,507.35 Item 1C - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/05/2023 15:00
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007948 01/05/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 17,754.46 2007949 01/05/2023 PRINTED 103521 PLAZA TOWING INC 825.00 2007950 01/05/2023 PRINTED 101767 PROFORMA SOCAL 179.27 2007951 01/05/2023 PRINTED 100596 PROPER SOLUTIONS INC 19,018.75 2007952 01/05/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 2,470.97 2007953 01/05/2023 PRINTED 101250 PWLC II INC 37,777.48 2007954 01/05/2023 PRINTED 103563 PYRO-COMM SYSTEMS INC 70.00 2007955 01/05/2023 PRINTED 103910 QUEER WORKS 38,252.00 2007956 01/05/2023 PRINTED 101580 QUINN POWER SYSTEMS 4,730.17 2007957 01/05/2023 PRINTED 101352 J REFUGIO & REYNA VALTIER 787.24 2007958 01/05/2023 PRINTED 101739 REFRIGERATION SUPPLIES DI 1,253.18 2007959 01/05/2023 PRINTED 104125 RISING PHOENIX HOMES INC 500.00 2007960 01/05/2023 PRINTED 101691 RLP UNIFORM INC 100.80 2007961 01/05/2023 PRINTED 101823 ROYAL CANIN 449.94 2007962 01/05/2023 PRINTED 101542 SC COMMERCIAL 9,561.87 2007963 01/05/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,622.95 2007964 01/05/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 44,715.42 2007965 01/05/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,269.63 2007966 01/05/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 577.95 2007967 01/05/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 66,176.79 2007968 01/05/2023 PRINTED 101296 SECURITY PRO USA 15,656.99 2007969 01/05/2023 PRINTED 100546 SHADE STRUCTURES INC 5,935.49 2007970 01/05/2023 PRINTED 100435 THE SHREDDERS 51.00 2007971 01/05/2023 PRINTED 103804 WEST AVIATION SERVICES-SA 35,615.52 2007972 01/05/2023 PRINTED 100010 SMOKE TREE STABLES 840.00 2007973 01/05/2023 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 44,533.49 2007974 01/05/2023 PRINTED 101822 SO CAL LAND MAINTENANCE I 16,794.00 2007975 01/05/2023 PRINTED 104100 SOLERA GLOBAL CORP 1,428.00 2007976 01/05/2023 PRINTED 104035 SOLTECH LLC 72,947.67 2007977 01/05/2023 PRINTED 103740 SOROPTIMIST HOUSE OF HOPE 2,500.00 2007978 01/05/2023 PRINTED 100330 SOURCE GRAPHICS 3,359.50 2007979 01/05/2023 PRINTED 100327 SOUTH COAST EMERGENCY VEH 23,830.89 2007980 01/05/2023 PRINTED 100334 SOUTHERN CALIFORNIA ERGON 1,069.14 2007981 01/05/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 105.41 2007982 01/05/2023 PRINTED 103964 STAPLES, INC. 436.98 2007983 01/05/2023 PRINTED 103901 STEVE P RADOS INC 524,127.12 2007984 01/05/2023 PRINTED 104099 STEVEN ENTERPRISES INC 1,599.00 2007985 01/05/2023 PRINTED 104047 SOCIAL SCAPE TECH LLP 1,908.00 2007986 01/05/2023 PRINTED 101852 SOLARCITY CORP 6,378.01 2007987 01/05/2023 PRINTED 100031 TOPS N BARRICADES INC 852.00 2007988 01/05/2023 PRINTED 101391 TRANSUNION RISK AND ALTER 379.00 2007989 01/05/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 1,260.00 2007990 01/05/2023 PRINTED 100386 U S CUSTOMS SERVICE 55,857.35 2007991 01/05/2023 PRINTED 100386 U S CUSTOMS SERVICE 7,961.07 2007992 01/05/2023 PRINTED 100295 US BANK CORPORATE PAYMENT 151,128.19 2007993 01/05/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 98,821.66 2007994 01/05/2023 PRINTED 100200 VALLEY LOCK AND SAFE 415.00 2007995 01/05/2023 PRINTED 100621 VERIZON BUSINESS 583.66 2007996 01/05/2023 PRINTED 100144 VERIZON WIRELESS 788.48 2007997 01/05/2023 PRINTED 103696 ETERNAL LOVE LLC 21,414.96 2007998 01/05/2023 PRINTED 100050 VISION SERVICE PLAN 93.94 2007999 01/05/2023 PRINTED 103739 VISTA SUNRISE II LP 2,000.00 Item 1C - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/05/2023 15:00
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008000 01/05/2023 PRINTED 101277 VOHNE LICHE KENNELS INC 350.00 2008001 01/05/2023 PRINTED 101220 WATERLINE TECHNOLOGIES 2,616.26 2008002 01/05/2023 PRINTED 100156 WAXIE SANITARY SUPPLY 12,232.97 2008003 01/05/2023 PRINTED 100222 WEST COAST ARBORISTS INC 8,096.22 160 CHECKS CASH ACCOUNT TOTAL 3,086,322.04 .00 Item 1C - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/05/2023 15:00
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
160 CHECKS FINAL TOTAL 3,086,322.04 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/19/2023 13:34
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008018 01/19/2023 PRINTED 100315 ACE PARKING MANAGEMENT IN 15,258.88 2008019 01/19/2023 PRINTED 100024 ACE PRINTING 1,422.44 2008020 01/19/2023 PRINTED 100390 ADDICTION MEDICINE CONSUL 174.00 2008021 01/19/2023 PRINTED 104045 ADVEXURE LLC 5,501.41 2008022 01/19/2023 PRINTED 101028 AEG BUREAU OF TOURISM 63,433.80 2008023 01/19/2023 PRINTED 101028 AEG BUREAU OF TOURISM 111,923.92 2008024 01/19/2023 PRINTED 101028 AEG BUREAU OF TOURISM 192,120.25 2008025 01/19/2023 PRINTED 100403 AETNA 18,994.71 2008026 01/19/2023 PRINTED 100218 AGUA CALIENTE BAND OF CAH 10,000.00 2008027 01/19/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 770.00 2008028 01/19/2023 PRINTED 015931 GILBERTO PEDRO ALCARAZ 950.00 2008029 01/19/2023 PRINTED 103797 ALLISON MECHANICAL INC 10,504.05 2008030 01/19/2023 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 98.28 2008031 01/19/2023 PRINTED 016036 JOSHUA ALVAREZ 1,296.00 2008032 01/19/2023 PRINTED 100572 AMAZON COM 148.83 2008033 01/19/2023 PRINTED 103781 AMAZON.COM SALES INC 676.23 2008034 01/19/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 3,297.43 2008035 01/19/2023 PRINTED 016414 DESTINY ARCE 970.81 2008036 01/19/2023 PRINTED 016416 ERIK AYALA 163.13 2008037 01/19/2023 PRINTED 100413 B & H PHOTO 884.04 2008038 01/19/2023 PRINTED 101449 BATTERY SOLUTIONS LLC 3,474.50 2008039 01/19/2023 PRINTED 104124 BEAN COUNTER BOOKKEEPING 3,127.82 2008040 01/19/2023 PRINTED 104146 LATANYA BELLOW 393.96 2008041 01/19/2023 PRINTED 015627 DONALD BENSTEAD JR 4,426.74 2008042 01/19/2023 PRINTED 101488 BIO SOCAL 3,860.00 2008043 01/19/2023 PRINTED 101157 MICHAEL DANIEL BIRNBERG 5,000.00 2008044 01/19/2023 PRINTED 015124 SANDRA BOSLER 71.45 2008045 01/19/2023 PRINTED 102358 BOYS & GIRLS CLUB OF PALM 100,000.00 2008046 01/19/2023 PRINTED 100234 BURRTEC ENVIRONMENTAL 4,222.91 2008047 01/19/2023 PRINTED 100044 CALIFORNIA HIGHWAY PATROL 9,595.37 2008048 01/19/2023 PRINTED 100044 CALIFORNIA HIGHWAY PATROL 170.00 2008049 01/19/2023 PRINTED 100023 CA PUBLIC EMPLOYEES RETIR 36,361.20 2008050 01/19/2023 PRINTED 016061 SHAWN CARLIN 90.14 2008051 01/19/2023 PRINTED 103604 CAROLLO ENGINEERS INC 45,743.75 2008052 01/19/2023 PRINTED 101344 CBT NUGGETS LLC 8,386.00 2008053 01/19/2023 PRINTED 100112 CDW GOVERNMENT INC 4,687.53 2008054 01/19/2023 PRINTED 101158 JOHN M CERNEY 14,000.00 2008055 01/19/2023 PRINTED 103543 R E CHAFFEE CONSTRUCTION 6,632.93 2008056 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,534.74 2008057 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2008058 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2008059 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2008060 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 182.06 2008061 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2008062 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2008063 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2008064 01/19/2023 PRINTED 100353 CHARTER COMMUNICATIONS 585.46 2008065 01/19/2023 PRINTED 100406 JERRY CHISM 175.00 2008066 01/19/2023 PRINTED 100653 CHRIS PAUL 175.00 2008067 01/19/2023 PRINTED 103868 BRUCE F CLARK 851.98 2008068 01/19/2023 PRINTED 100652 CLEARS INC 75.00 2008069 01/19/2023 PRINTED 100387 COACHELLA VALLEY ECONOMIC 50,000.00 Item 1C - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/19/2023 13:34
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008070 01/19/2023 PRINTED 100928 COLANTUONO HIGHSMITH AND 3,397.00 2008071 01/19/2023 PRINTED 015816 JOSEPH CONLON 982.98 2008072 01/19/2023 PRINTED 101238 CONSERVE LANDCARE LLC 97,703.07 2008073 01/19/2023 PRINTED 015898 JOSEPH COOK 35.11 2008074 01/19/2023 PRINTED 103771 CORE COMPLIANCE LLC 28,256.15 2008075 01/19/2023 PRINTED 104156 PAUL M CROCE 500.00 2008076 01/19/2023 PRINTED 101067 COACHELLA VALLEY INDEPEND 700.00 2008077 01/19/2023 PRINTED 104013 DAILEY AND WELLS COMMUNIC 1,736,440.05 2008078 01/19/2023 PRINTED 100115 DANIELS TIRE SERVICE INC 27,539.15 2008079 01/19/2023 PRINTED 015590 ARASELI DE LA ROSA 14.06 2008080 01/19/2023 PRINTED 100265 DELL MARKETING LP 2,378.04 2008081 01/19/2023 PRINTED 100067 DEMCO 444.51 2008082 01/19/2023 PRINTED 015946 THOMAS DENNEHY 320.00 2008083 01/19/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 210.00 2008084 01/19/2023 PRINTED 100479 DESERT AIDS PROJECT 5,000.00 2008085 01/19/2023 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 450.99 2008086 01/19/2023 PRINTED 101227 DISCOUNT TWO-WAY RADIO CO 1,518.49 2008087 01/19/2023 PRINTED 100714 DON VAN SICKLE 175.00 2008088 01/19/2023 PRINTED 100471 MARYANNE DORNIAK 175.00 2008089 01/19/2023 PRINTED 101244 DOWNS ENERGY 30,395.76 2008090 01/19/2023 PRINTED 100393 DOWNTOWN SHELL 719.99 2008091 01/19/2023 PRINTED 101648 ECITY TRANSACTIONS LLC 600.00 2008092 01/19/2023 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 140.07 2008093 01/19/2023 PRINTED 100305 EISENHOWER MEDICAL CENTER 800.00 2008094 01/19/2023 PRINTED 100750 ELM USA INC 118.99 2008095 01/19/2023 PRINTED 103829 EMERGENCY RESILIENCE LLC 1,078.20 2008096 01/19/2023 PRINTED 100013 ENTRAVISION COMMUNICATION 360.00 2008097 01/19/2023 PRINTED 101370 EQUALITY CALIFORNIA 2,500.00 2008098 01/19/2023 PRINTED 104147 FAMILY PRIDE PLUMBING 735.84 2008099 01/19/2023 PRINTED 016020 ERIK FERNANDEZ 217.78 2008100 01/19/2023 PRINTED 101029 FIRE RECOVERY USA LLC 212.00 2008101 01/19/2023 PRINTED 010996 TODD FITE 653.80 2008102 01/19/2023 PRINTED 010958 SHAWN FLINN 87.23 2008103 01/19/2023 PRINTED 016101 DOMINGO FLORES 163.13 2008104 01/19/2023 PRINTED 100480 FRIENDS OF THE PS ANIMAL 130,500.00 2008105 01/19/2023 PRINTED 100480 FRIENDS OF THE PS ANIMAL 92,950.17 2008106 01/19/2023 PRINTED 104145 THE FRONT PORCH AT FARM 1,569.65 2008107 01/19/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 60.52 2008108 01/19/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 13,951.36 2008109 01/19/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.12 2008110 01/19/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 80.17 2008111 01/19/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.55 2008112 01/19/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2008113 01/19/2023 PRINTED 100174 G/M BUSINESS INTERIORS 3,192.13 2008114 01/19/2023 PRINTED 015930 DEVIN GILLESPIE 161.63 2008115 01/19/2023 PRINTED 016355 GONZALEZ ALEJANDRO 163.13 2008116 01/19/2023 PRINTED 101514 GRAFFITI PROTECTIVE COATI 3,079.71 2008117 01/19/2023 PRINTED 104079 PATRICIA A GRANA 30.00 2008118 01/19/2023 PRINTED 104064 GRANGERS MECHANICAL INC 764.06 2008119 01/19/2023 PRINTED 103741 GRASSROOTS JUNIOR TENNIS 4,000.00 2008120 01/19/2023 PRINTED 101672 GULF CALIFORNIA BROADCAST 1,500.00 2008121 01/19/2023 PRINTED 015811 ALI HARANDI 320.00 Item 1C - Page 11
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City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/19/2023 13:34
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008122 01/19/2023 PRINTED 101808 HARC INC 5,000.00 2008123 01/19/2023 PRINTED 101048 BOB HECK 175.00 2008124 01/19/2023 PRINTED 100974 KATHLEEN HERBERT 175.00 2008125 01/19/2023 PRINTED 101616 HIDDEN HARVEST 5,000.00 2008126 01/19/2023 PRINTED 100729 HIRE RIGHT LLC 405.26 2008127 01/19/2023 PRINTED 100162 IAPMO 275.00 2008128 01/19/2023 PRINTED 100494 IMAGE360 - PALM DESERT 1,704.30 2008129 01/19/2023 PRINTED 103681 IMPRENTA COMMUNICATIONS G 6,050.00 2008130 01/19/2023 PRINTED 100483 INFOSAT 245.94 2008131 01/19/2023 PRINTED 104038 J & L AUTO BODY INC 12,955.35 2008132 01/19/2023 PRINTED 015689 CHRISTOPHER JAEGER 4,460.67 2008133 01/19/2023 PRINTED 103751 JOBELEPHANT.COM INC 200.00 2008134 01/19/2023 PRINTED 101606 KINCAID INDUSTRIES INC 9,141.01 2008135 01/19/2023 PRINTED 016436 MAX KIRK 664.44 2008136 01/19/2023 PRINTED 104139 DIRK KLICK 175.00 2008137 01/19/2023 PRINTED 104148 KNOX PHOTOCOPY SERVICE 41.00 2008138 01/19/2023 PRINTED 101785 KRONOS 290.45 2008139 01/19/2023 PRINTED 015430 LEMBIT KULBIN 15.00 2008140 01/19/2023 PRINTED 100127 L N CURTIS AND SONS 429.58 2008141 01/19/2023 PRINTED 100975 ANN LARSON 175.00 2008142 01/19/2023 PRINTED 103753 LIFE INSURANCE COMPANY OF 32,748.65 2008143 01/19/2023 PRINTED 103164 LINCOLN AQUATICS 1,504.86 2008144 01/19/2023 PRINTED 016368 CAMERON LOPEZ 148.78 2008145 01/19/2023 PRINTED 016408 FRANCES LOPEZ 62.45 2008146 01/19/2023 PRINTED 016152 GILBERT LOPEZ 1,488.61 2008147 01/19/2023 PRINTED 100208 MANAGED HEALTH NETWORK IN 2,354.40 2008148 01/19/2023 PRINTED 100849 MANSFIELD POWER AND GAS L 84,747.28 2008149 01/19/2023 PRINTED 015732 ALEJANDRO MARTINEZ 415.91 2008150 01/19/2023 PRINTED 016358 ALLEN MCNABB 320.87 2008151 01/19/2023 PRINTED 100079 MOHICA TOWING 115.00 2008152 01/19/2023 PRINTED 103876 MONOPRICE INC 600.75 2008153 01/19/2023 PRINTED 015596 VICTOR MOROLES 600.62 2008154 01/19/2023 PRINTED 100148 NALCO COMPANY 7,220.62 2008155 01/19/2023 PRINTED 104118 NAT REED ART LLC 999.98 2008156 01/19/2023 PRINTED 015431 DAN NAVA 333.13 2008157 01/19/2023 PRINTED 100417 NI GOVERNMENT SERVICES IN 283.88 2008158 01/19/2023 PRINTED 016091 JESUS NIETO 49.96 2008159 01/19/2023 PRINTED 100548 O'LINN EXECUTIVE SECURITY 4,214.40 2008160 01/19/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 10,223.05 2008161 01/19/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 16,067.34 2008162 01/19/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 254.08 2008163 01/19/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 19,790.09 2008164 01/19/2023 PRINTED 015912 JULIE OSBURN 127.50 2008165 01/19/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 10,833.33 2008166 01/19/2023 PRINTED 101746 PALM SPRINGS CULTURAL CEN 20,000.00 2008167 01/19/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 249.03 2008168 01/19/2023 PRINTED 100529 PALM SPRINGS GUN CLUB 2,000.00 2008169 01/19/2023 PRINTED 100082 PALM SPRINGS MIRROR AND G 1,230.00 2008170 01/19/2023 PRINTED 100651 PALM SPRINGS OPERA GUILD 7,500.00 2008171 01/19/2023 PRINTED 103236 PARK CONSULTING GROUP INC 77,847.50 2008172 01/19/2023 PRINTED 016441 BRENDA PREE 675.20 2008173 01/19/2023 PRINTED 100598 PROFORCE LAW ENFORCEMENT 2,676.63 Item 1C - Page 12
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City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/19/2023 13:34
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008174 01/19/2023 PRINTED 100596 PROPER SOLUTIONS INC 39,542.09 2008175 01/19/2023 PRINTED 101250 PWLC II INC 37,777.48 2008176 01/19/2023 PRINTED 101629 THE RAMSAY GROUP 5,400.00 2008177 01/19/2023 PRINTED 101527 RATTLE TECH LLC 500.00 2008178 01/19/2023 PRINTED 104127 REDUX LLC 1,005.70 2008179 01/19/2023 PRINTED 101974 RENOVA ENERGY 554.80 2008180 01/19/2023 PRINTED 100141 RIVCOMM INC. 198,319.07 2008181 01/19/2023 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2008182 01/19/2023 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 6,362.00 2008183 01/19/2023 PRINTED 016434 ALEJANDRA RODRIGUEZ 664.44 2008184 01/19/2023 PRINTED 016025 ZEFERINO RODRIGUEZ 537.51 2008185 01/19/2023 PRINTED 016136 STEPHANIE SANDOVAL 74.49 2008186 01/19/2023 PRINTED 015060 ANGELA SAWYER 261.25 2008187 01/19/2023 PRINTED 101542 SC COMMERCIAL 3,352.98 2008188 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,768.68 2008189 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 838.05 2008190 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 50.83 2008191 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 59.84 2008192 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,080.95 2008193 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 128.49 2008194 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 111.50 2008195 01/19/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25.49 2008196 01/19/2023 PRINTED 101296 SECURITY PRO USA 1,193.01 2008197 01/19/2023 PRINTED 103903 SHERMANS DELICATESSEN AND 3,838.74 2008198 01/19/2023 PRINTED 100435 THE SHREDDERS 263.00 2008199 01/19/2023 PRINTED 101677 SOCAL PPE LLC 546.25 2008200 01/19/2023 PRINTED 103983 SOUTH COAST , LLC 20,051.62 2008201 01/19/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 10,921.17 2008202 01/19/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 80.43 2008203 01/19/2023 PRINTED 100120 SPOK INC 47.02 2008204 01/19/2023 PRINTED 101441 STALKER RADAR 63.37 2008205 01/19/2023 PRINTED 100544 STANLEY ACCESS TECHNOLOGI 900.00 2008206 01/19/2023 PRINTED 103964 STAPLES, INC. 817.97 2008207 01/19/2023 PRINTED 104149 STAYZIE LLC 1,009.00 2008208 01/19/2023 PRINTED 015207 KYLE STJERNE 100.00 2008209 01/19/2023 PRINTED 100531 SUPERIOR READY MIX CONCRE 2,066.56 2008210 01/19/2023 PRINTED 104123 TAC/QUILA CANTINA 7,500.00 2008211 01/19/2023 PRINTED 103881 THERMAX INC 7,432.00 2008212 01/19/2023 PRINTED 104135 LORI L THRON SIMMONS 2,104.00 2008213 01/19/2023 PRINTED 104142 TIMELESS VALKYRIES 1,661.23 2008214 01/19/2023 PRINTED 100031 TOPS N BARRICADES INC 10,670.00 2008215 01/19/2023 PRINTED 016035 MICHAEL TORRES 2.70 2008216 01/19/2023 PRINTED 101391 TRANSUNION RISK AND ALTER 381.00 2008217 01/19/2023 PRINTED 104140 TYECAT SOLUTIONS LLC 700.00 2008218 01/19/2023 PRINTED 100386 U S CUSTOMS SERVICE 3,456.32 2008219 01/19/2023 PRINTED 100114 UNITED RENTALS NA INC 436.08 2008220 01/19/2023 PRINTED 100384 US BANK 5,445.00 2008221 01/19/2023 PRINTED 101784 V AND V MANUFACTURING 2,213.95 2008222 01/19/2023 PRINTED 015313 JASON L. VACCARELLO 300.00 2008223 01/19/2023 PRINTED 100066 VALLEY MAIL DELIVERY 2,886.04 2008224 01/19/2023 PRINTED 100472 ANGEL VANDERVEER 175.00 2008225 01/19/2023 PRINTED 104138 RANDY VAUGHN 175.00 Item 1C - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/19/2023 13:34
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008226 01/19/2023 PRINTED 100129 VCA ANIMAL HOSPITALS INC 258.88 2008227 01/19/2023 PRINTED 104021 VECTOR RESOURCES INC 2,369.47 2008228 01/19/2023 PRINTED 100267 VEOLIA WATER NORTH AMERIC 1,157,118.87 2008229 01/19/2023 PRINTED 100144 VERIZON WIRELESS 2,123.84 2008230 01/19/2023 PRINTED 100144 VERIZON WIRELESS 3,112.10 2008231 01/19/2023 PRINTED 100144 VERIZON WIRELESS 12,416.98 2008232 01/19/2023 PRINTED 100144 VERIZON WIRELESS 1,260.39 2008233 01/19/2023 PRINTED 100144 VERIZON WIRELESS 38.28 2008234 01/19/2023 PRINTED 104144 VETERINARY SURGICAL SPECI 3,893.24 2008235 01/19/2023 PRINTED 100050 VISION SERVICE PLAN 6,065.84 2008236 01/19/2023 PRINTED 100121 VISIT GREATER PALM SPRING 206,712.21 2008237 01/19/2023 PRINTED 100121 VISIT GREATER PALM SPRING 136,214.27 2008238 01/19/2023 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 1,814.94 2008239 01/19/2023 PRINTED 101484 VITAC 1,012.00 2008240 01/19/2023 PRINTED 101277 VOHNE LICHE KENNELS INC 1,100.00 2008241 01/19/2023 PRINTED 100473 VERA WALL 175.00 2008242 01/19/2023 PRINTED 101220 WATERLINE TECHNOLOGIES 8,828.26 2008243 01/19/2023 PRINTED 104101 WE ARE ONE UNITED INC 100,215.00 2008244 01/19/2023 PRINTED 100222 WEST COAST ARBORISTS INC 84,050.00 2008245 01/19/2023 PRINTED 101680 WEST COAST CODE CONSULTAN 67,869.38 2008246 01/19/2023 PRINTED 103973 WEX HEALTH INC 2,302.65 2008247 01/19/2023 PRINTED 100977 ANNIE WILSON 175.00 2008248 01/19/2023 PRINTED 015012 CRAIG WOOD 162.78 2008249 01/19/2023 PRINTED 101311 XEROX FINANCIAL SERVICES 90,836.58 232 CHECKS CASH ACCOUNT TOTAL 5,585,976.37 .00 Item 1C - Page 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/19/2023 13:34
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
232 CHECKS FINAL TOTAL 5,585,976.37 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 15
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CITY COUNCIL STAFF REPORT
02/09/2023
SUBJECT:
RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE “G”
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF
THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”.
Attachments
Item 1D
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 9, 2023 CONSENT CALENDAR
SUBJECT: RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE “G”
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Finance and Treasury
SUMMARY:
Pursuant to Palm Springs Municipal Code §3.39.050 approved by voters on November 3, 2009 by Measure “G” imposing an Access Line Tax, formerly known as Emergency Response Fee, to fund improvements to and operation of the City’s 911 communication system.
RECOMMENDATION:
Adopt Resolution No. _____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”.
BACKGROUND:
Pursuant to Palm Springs Municipal Code §3.39.050, the voters approved an annual adjustment in accordance with the increase of the Consumer Price Index. Such annual adjustments as of December 31st of each year, beginning with December 31, 2010. The voter approved adjusted Access Line Tax pursuant to Section 1 of this Resolution shall be effective pursuant to §799(a)(5) of the Public Utilities Code of the State of California, collecting of this adjusted tax by no later than May 1, 2023.
The new amount of the Access Line tax pursuant to Palm Springs Municipal Code §3.39.050 shall be adjusted as follows:
Access Line from $1.49 per month per access line to $1.62.
Trunk Line from $11.29 per month per trunk line to $12.27.
Item 1D - Page 1
City Council Staff Report
February 9, 2023 -- Page 2
Ratifying the Annual Adjustment of the Access Line Rate
FISCAL IMPACT:
The estimated total amount of the annual adjustment for all telecommunication users for a one-year period is approximately $78,000.
REVIEWED BY:
Acting Department Director: Kristopher J. Mooney
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
1. Resolution.
Item 1D - Page 2
ATTACHMENT 1
Item 1D - Page 3
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL
ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO
PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY
THE VOTERS BY MEASURE “G”.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS:
A. At the November 9, 2009 Regular Municipal Election, the voters passed Measure “G” imposing an Access Line Tax.
B. Pursuant to Palm Springs Municipal Code §3.39.050, the voters approved an annual adjustment in accordance with the increase of the Consumer Price Index. Such annual adjustment is to commence after December 31, 2010.
C. The Consumer Price Index: All Urban Consumers for the Riv erside – San Bernadino – Ontario Area for All Items as reported by the United Stated Bureau of Labor Statistics is 8.7% for the period of January 1, 2022 and December 31, 2022.
D. Based on the CPI the annual adjustment is as follows: thirteen (13) cents per month per access line, and ninety-eight (98) cents per month per trunk line.
E. The estimated total amount of the annual adjustment for all telecommunication users for a one-year period is approximately $78,000.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
The new amount of the Access Line Tax pursuant to Palm Springs Municipal Code §3.39.050 shall be adjusted as follows:
Access Line $1.62 per month per access line.
Trunk Line $12.27 per month per trunk line.
SECTION 2. The City Clerk is hereby directed and authorized to amend the Access Line Tax pursuant to voter approved Measure “G” and Palm Springs Municipal Code §3.39.050.
SECTION 3.
The Director of Finance is hereby directed and authorized to provide written notice to service providers pursuant to §799(a)(5) of the Public Utilities Code of the State of California.
Item 1D - Page 4
SECTION 4. The voter approved adjusted Access Line Tax pursuant to Section 1 of this Resolution shall be effective pursuant to §799(a)(5) of the Public Utilities Code of the State of California, but not later than May 1, 2023.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9th DAY OF FEBRUARY 2023.
TERESA GALLAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 9
th day of February, 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BRENDA PREE
CITY CLERK
Item 1D - Page 5
CITY COUNCIL STAFF REPORT
02/09/2023
SUBJECT:
REQUEST FOR APPROVAL OF ADDITIONAL FUNDING FOR THE TURF
CONVERSION MATCHING REBATE PROGRAM
RECOMMENDATION:
Approve an additional appropriation of $300,000 from the General Fund’s Climate Action allocation to provide a match to DWA’s turf conversion rebate.
Attachments
Item 1E
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 9, 2023 CONSENT CALENDAR
SUBJECT: REQUEST FOR APPROVAL OF ADDITIONAL FUNDING FOR THE TURF
CONVERSION MATCHING REBATE PROGRAM
FROM: Teresa Gallavan, Interim City Manager
BY: Office of Sustainability
SUMMARY:
The City of Palm Springs has offered rebate funds to match funds offered by Desert Water Agency (DWA) to incentivize turf conversion. The initial allocation, authorized by City Council on October 27, 2022, was extremely popular and was completely assigned to projects within days. Staff recommends providing additional matching funds to encourage more residents and homeowners’ associations (HOAs) to remove grass from their lawns as a means to meet the City’s sustainability goals.
RECOMMENDATION:
Approve an additional appropriation of $300,000 from the General Fund’s Climate Action allocation to provide a match to DWA’s turf conversion rebate.
BACKGROUND:
The City Council approved an allocation of $250,000 on October 27, 2022. The City’s funding allocation of $250,000 drove more applications to DWA’s grass removal program on the program’s first day (December 1, 2022) than had been received in the previous month combined – 41 applications on the fir st da y alone. Consequently, most of the $250,000 in funding for the first match was quickly claimed.
An additional allocation of $300,000, bringing the total program allocation to $550,000 for this fiscal year, is in line with other Coachella Valley communities. As discussed in the previous report to the City Council, the cities of Rancho Mirage, Palm Desert, and Indian Wells have adopted similar programs this year.
Item 1E - Page 1
City Council Staff Report
February 9, 2023 -- Page 2
Turf Conversion Rebate Match
STAFF ANALYSIS:
The City Council’s initial round of funding for the program is currently allocated toward 30 individual residential projects, 10 HOA projects, and 1 project that meets the low-income program criteria. Funding for individual residence and HOA projects are now fully allocated and a waitlist has been developed.
Individual residential projects, predominantly single- family homes, represent the bulk of the applications and are a continued interest. Funding for HOAs was not claimed as quickly, likely due to the $5000 per -project cap in the initial allocation, but that funding has now been claimed. Staff from DWA and the City of Palm Springs continue to reach out to eligible customers for the enhanced low -income match ($4 per square foot from both DWA and the City, for a total of $8 per square foot), which is available to customers participating in DWA’s Help2Others program and who reside in state- designated disadvantaged communities. This category is not yet fully subscribed, so staff is proposing adding a smaller amount of new funding to this category.
City staff rec ommend drawing $300,000 from the General Fund’s allocation to climate action that was awarded by the City Council in the FY23 budget. It is recommended that the following limitations and design elements from the initial program are maintained:
• Projects would receive no more than $5,000 in City rebate funding per project. • Projects will be encouraged to minimize the use of artificial turf. • $50,000 will be allocated to individual residential projects that applied between the Council announcement date of the last match (October 27) and the program start date (December 1) or individual residential projects that applied on December 1 that were not covered by the initial allocation; $100,000 will be allocated to individual residences, beginning with the wait list from the initial allocation. A total of $100,000 will be allocated to HOAs, and $50,000 will be allocated to low-income customers.
• The program will continue to be administered by DWA.
Staff is preparing an enhanced program proposal for FY24 that addresses a few of the learnings from the current program. For consistency and ease of public communication, staff recommend that all attributes (i.e., minimizing turf, project cap, criteria for low-income program) remain the same for programs in this fiscal year. Staff also recommend that the City follows DWA’s policies closely – namely, that projects that apply or are approved before the start date will not be able to be funded under the new rebate. Since the program has been designed to mirror DWA’s as closely as possible, DWA has also agreed to administer the program by processing applications, monitoring, and issuing checks directly to project owners. It is recommended that funding be allocated first to applicants on the program wait list and opening any remaining funding to new applicants at staff’s discretion.
Item 1E - Page 2
City Council Staff Report
February 9, 2023 -- Page 3
Turf Conversion Rebate Match
The Sustainability Commission, in its meeting on December 19, 2022, reiterated their support for expanded funding for the project and for keeping project criteria consistent.
Based on baseline estimates for full xeriscape or desertscape conversions, it is estimated that an additional 2 million gallons of water per year will be saved after these conversions are completed, bringing the program’s total to 4 million gallons of water saved per year.
ALIGNMENT WITH STRATEGIC PLANNING:
This program aligns with Council Priority #2A – Accelerate the Climate Action Plan with high-value projects and initiatives.
FISCAL IMPACT:
Staff are requesting an initial allocation of $300,000 from the General Fund for this fiscal year and would anticipate making a budget request for future years. Due to alignment and coordination with DWA for program implementation, no impact on City staffi ng is expected beyond incorporating outreach into existing plans.
REVIEWED BY:
Department Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
None.
Item 1E - Page 3
CITY COUNCIL STAFF REPORT
02/09/2023
SUBJECT:
APPROVE CONTRACT SERVICE AGREEMENT NO. A9183 WITH JOHNSON
CONTROLS FIRE PROTECTION, LP TO TEST AND INSPECT THE FIRE ALARM
SYSTEM AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Contract Service Agreement No. A9183 with Johnson Controls Fire Protection, LP to test and inspect the fire alarm system at the Palm Springs International Airport and provide repairs as needed, in an amount not to exceed $90,000, beginning January 1, 2023, through December 31, 2025.
1. Authorize the Interim City Manager or designee to execute all necessary documents.
2. Attachments
Item 1F
CITY COUNCIL STAFF REPORT
DATE: F EBRUARY 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICE AGREEMENT NO. A9183 WITH
JOHNSON CONTROLS FIRE PROTECTION, LP TO TEST AND INSPECT
THE FIRE ALARM SYSTEM AT PALM SPRINGS INTERNATIONAL
AIRPORT
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
SUMMARY:
This action will approve a three- year agreement with Johnson Controls Fire Protection , LP in an amount not to exceed $90,000 to test and inspect the fire alarm system at the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Contract Service Agreement No. A9183 (Attachment A) with Johnson Controls Fire Protection, LP to test and inspect the fire alarm system at the Palm Springs International Airport and provide repairs as needed, in an amount not to exceed $90,000, beginning January 1, 2023 through December 31, 2025; and
2. Authorize the Interim City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on November 21, 2022, Johnson Controls Fire Protection, LP is registered in the State of Delaware and California and is a publicly traded company . Simplex Time Recorder LLC is listed as General Partner. Johnson Controls Fire Protection , LP is the parent company of SimplexGrinnell, a company specializing in active fire protection systems, and the brand identity of SimplexGrinnell was transitioned to Johnson Controls in 2017.
Item 1F - Page 1
City Council Staff Report
February 9, 2023 -- Page 2
Agreement A9183, Johnson Controls Fire Protection, LP
BACKGROUND:
In 2015, Johnson Controls i nstalled a new fire alarm system at the Palm Springs International Airport. This system is proprietary, and all services are provided under a sole source agreement. The sole source letter is included as Attachment C. Tests and inspections since 2015 have been provided through annual contract service agreements under the City Manager’s approval.
STAFF ANALYSIS
:
In accordance with City of Palm Springs Municipal Code Section 7.05.020 pertaining to the use of sole sources, the Airport is proposing to enter into a three-year contract service agreement with Johnson Controls Fire Protection, LP commencing on January 1, 2023, and ending on December 31, 2025, in an amount not to exceed $ 90,000.00 to conduct two annual tests and inspections according to the following rate schedule:
Year Description Amount
2023 Test and Inspection of the fire alarm systems
including system labor and panel parts
$21,157.85
2024 Test and Inspection of the fire alarm systems
including system labor and panel parts
$24,331.53
2025 Test and Inspection of the fire alarm systems
including system labor and panel parts
$27,251.31
Total $72,740.69
The bi-annual testing and inspection of the Simplex Programmable Fire Alarm System ensures the safety of the Airport and compliance with National Fire Protection Association (NFPA) requirements.
In addition, the Airport wishes to allocate funds for unpredictable repairs not covered under this contract in amount of $17,259.31 over the course of three years, for a total not to exceed $90,000. Labor fees for these repairs and cost of parts are identified under Exhibit A of the service agreement.
Johnson Controls, formerly Simplex Grinnell, is the sole source provider of maintenance for their proprietary equipment and by selecting this company staff is abiding by Section
7.05.020 of the City of Palm Springs Municipal Code as it pertains to sole source procurement.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Item 1F - Page 2
City Council Staff Report
February 9, 2023 -- Page 3
Agreement A9183, Johnson Controls Fire Protection, LP
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING
:
N/A.
FISCAL IMPACT:
Funds for this a greement have been budgeted and are available in Airport Account 4157050-40105 for fiscal year 2022-23 and will be budgeted for each subsequent fiscal year based on the contract fees.
REVIEWED BY:
Department Director: Harry Barrett, Jr.
Procurement & Contracting Manager: Kim Baker
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Agreement No. A9183
B. Public Integrity Disclosure
C. Sole Source Letter
Item 1F - Page 3
ATTACHMENT A
AGREEMENT NO. A9183 WITH
JOHNSON CONTROLS FIRE PROTECTION, LP
Item 1F - Page 4
Revised 1.4.23
CONTRACT SERVICES AGREEMENT A9183
BY AND BETWEEN THE CITY OF PALM SPRINGS AND JOHNSON
CONTROLS FIRE PROTECTION LP
TEST AND INSPECT FIRE ALARM SYSTEM AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on February 9, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Johnson Controls Fire Protection LP, (“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 company to test and inspect fire protection equipment at the Palm Springs International Airport, and provide repairs as needed (“Project”).
B. Contractor has submitted to City a proposal to provide testing and inspection services, and repairs as needed 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 the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and 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 Item 1F - Page 5
Revised 1.4.23
performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, 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 forth in Exhibit “A”. The total amount of Compensation shall not exceed $90,000.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. 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.
Item 1F - Page 6
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 perform ance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of S ervices to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Act s o f 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 W ork); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, rules t o 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 t ime for performing the S ervices for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. U nless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect upon is suance of notice to proceed and for a period of three years , unless ext ended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an im mediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of terminati on, Contractor shall immediately cease all Services except such as may be speci fically approved by the Contract Officer. Contractor shall be entitled to compensation for all S ervices rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed S ervices and shall not be entitled to damages or compensation for ter mination of Work. If the terminatio n is for cause, the City shall have the Item 1F - Page 7
Revised 1.4.23
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: Bradley Lange, Total Service 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. 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, Item 1F - Page 8
Revised 1.4.23
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 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.
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 Item 1F - Page 9
Revised 1.4.23
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 included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement . If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent 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 Item 1F - Page 10
Revised 1.4.23
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
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 Item 1F - Page 11
Revised 1.4.23
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 employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any 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
Item 1F - Page 12
Revised 1.4.23
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.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
[email protected]
To Contractor: Johnson Controls Fire Protection LP
12728 Shoemaker Ave
Santa Fe Springs, CA 90670
Attn: Bradley Lang
Email: [email protected]
11.2 In
tegrated 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 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.
Item 1F - Page 13
Revised 1.4.23
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.
12. FEDERAL PROVISIONS
Since funding for the Services 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 “C” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 1F - Page 14
Revised 1.4.23
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND JOHNSON CONTROLS FIRE PROTECTION LP
TEST AND INSPECT FIRE ALARM SYSTEM AT
THE PALM SPRINGS INTERNATIONAL AIRPORT
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:
Interim City Manager
Item 1F - Page 15
Revised 1.4.23
EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Johnson Controls Fire Protection will provide test and inspection services according to the scope of work included herewith. (Proposal CPQ-306937)
Should repairs be needed which are not included in the scope of work, Johnson Controls Fire Protection will invoice labor rates according to the schedule provided herewith, subject to change, and parts will be invoiced at cost plus twenty percent.
Item 1F - Page 16
Item 1F - Page 17
EXHIBIT"A"
Palm Springs International Airport -
CPQ-306937
Planned Service Agreement
~ °:""-· ~---·· ----
Johnson Controls Fire Protn LP
1868 Palma Dr #M
Ventura CA93003
USA
The Power behind your mission
- . ------ - --.;i~ i.
11ii~ ~-·- -- - ' 1 ' . ' .... ..
Proposal Presented On:
10-06-2022
Customer #: 2841712
PALM SPRINGS INTERNATIONAL
AIRPORT
Date: 6-Oct-22
Proposal #: CPQ-306937
Term: 1-Jan-23 to 31-Dec-25
External Contract #:
Subscription ERP #:
Service Location:
Palm Springs International Airport
3400 E Tahquitz Canyon Way,
Palm Springs, CA 92262-6970
SERVICE/PRODUCT DESCRIPTION
SYSTEM-FA-SMPLX 4100/4020
SIMPLEX PROGRAMM ABLE FIRE ALARM
SYSTEM
Main Fire Alarm Panel
Remote Power Supply/NAC Extender
Fire Alarm Battery Test (each)
SERVICE SOLUTION
Billing Customer:
PALM SPRINGS INTERNATIONAL AIRPORT
3400 E Tahquitz Cyn Way
PALM SPRINGS, CA 92262-0000
Johnson Controls Fire Protection LP
Sales Representative:
Kristen Oliver
1868 Palma Dr #M
Ventura CA 93003
[email protected]
INVESTMENT SUMMARY
( Service Solution Valid for 45 Days)
QUANTITY FREQUENCY
Est. First Inspection: February
6 2
Digital Alarm Communicator Transmitter (DACT)
Annunciator 2
106
29 78
4 12
2 Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Smoke Detector Conventional
Pull Station
Audio-Visual Unit Addressable
Door Holder
Waterflow Test
Fire rated Door, Window, Shutter
Tamper Switch 11
FIRE ALARM ENHANCED - TEST & INSPECT - PLUS SYSTEM LABOR AND PANEL PARTS Total:
INVESTMENT
$21,157.85
To the extent applicable, Johnson Controls has included an estimate for all state and local sales tax for this quote. Th e actual sales tax due will be calculated and billed upon issuance of an invoice, unless a valid exemption and/or resale certificate is received by Johnson Controls.
© 2022 Johnson Controls. All rights reserved
Item 1F - Page 18
SERVICE SOLUTION
SUMMARY OF SERVICES
Th e summary of services is intended to cover the following locations:
Location Address City State Zip Fire Alarm
Palm Springs International
Airport 3400 E Tahquitz Canyon Way, Palm Springs CA
-
92262-6970 $21,157.85
FIRE ALARM ENHANCED - TEST & INSPECT - PLUS SYSTEM LABOR AND PANEL PARTS SYSTEM-FA-SMPLX 4100/4020
FIRE ALARM LABOR COVERAGE PLUS PANEL PART REPLACEMENT OPTION FOR LISTED FIRE ALARM SYSTEMS:
The Enhanced Plan covers inspections and diagnostic tests for the accessible peripheral devices listed and currently connected to the facility fire alarm system. T ests will be scheduled in advance. Includes maintenance and component replacement on the central processing unit, to include reprogramming of system due to failure, replacement of circuit boards, and all components in the control panels,
annunciator panel s, transponders, printers, keyboards and monitors associated with system. Includes general service labor Monday through Friday 8am-5pm. Replacement of the fire alarm panel, faulty wiring, ground faults, software updates and peripheral devices are not covered. 15% discount on peripherals replacement. 15% discount on labor and parts not covered under service agreement (i.e.
Acts of Nature, Faulty Wiring, User Abuse and Vandalism).
Unless otherwise specified herein, batteries installed within wireless initiating and notification peripheral devices are not covered under this agreement. Replacement of such batteries will be at an additional cost.
DOCUMENTATION:
Accessible components and devices logged for:
Location of each device tested, including systemaddress or zone location Test results and applicable voltage readings
Any discrepancies found will be noted
Inspection documentation provided to Customer. NOTE: Certain additional services may be required by the Authority Having Jurisdiction. lnternalorganizational requirements may be more restrictive than state/provincial requirements. Building owners and managers should make themselves aware of applicable codes and references in order to ensure that contracted Services fulfill requirements.
Smoke Detector Cleaning Up To
SYSTEM-FA-SMPLX 4100/4020
DETECTOR CLEANING SMOKE DETECTORS:
Accessible smoke detection devices will be cleaned using manufacturer's recommended procedures. Devices may be dismantled to expose the smoke chamber (where applicable.) NOTE: Certain types of analog smoke sensors will be cleaned as needed per panel readings. Inspector will determine the actual devices to be cleaned based on visual inspection or panel readings.
Smoke Detector Sensitivity Testing
SYSTEM-FA-SMPLX 4100/4020
© 2022 Johnson Controls. All rights reserved
Item 1F - Page 19
SERVICE SOLUTION
SENSITIVITY TESTING FOR CONVENTIONAL SMOKE DETECTORS:
Smoke detector sensitivity testing will be performed on smoke detectors. Testing will be performed using UUULC approved sensitivity testing equipment. Devices performing outside the listed sensitivity range will be re-cleaned and re-tested, and, if necessary, noted and recommended for replacement. NOTE: Certain types of analog smoke sensors automatically satisfy this testing requirement through sensitivity reports printed from the fire alarm panel. Ex eludes duct smoke detectors.
Customer Portal (Basic)
SYSTEM-FA-SMPLX 4100/4020
Basic Customer Portal functionality will be provided.
Remote Service Support
SYSTEM-FA-SMPLX 4100/4020
Remote Service Support package includes telephone support Monday through Friday, 8:00 am ET to 8:00 pm ET. Our technical support specialists have extensive experience to help troubleshoot problems with Fire Alarm Systems, Connected Sprinkler Systems and S ecurity Systems including CCT V and access control. Common scenarios include timer test issues, clear/reset trouble conditions or add/delete user codes. Our technicians' focus on resolution will help ensure your service levels are successfully met while at the same time reducing the required on-site technical assistance. To reach one of our support specialists, please dial 800-746-7539.
The RSS team cannot help with the disqualifying conditions such as reconnecting or adding devices, damaged wiring, damaged equipment, or remounting devices.
© 2022 Johnson Controls. All rights reserved
Item 1F - Page 20
SERVICE SOLUTION
This Service Solution (the "Agreement") sets forth the Terms and Conditions for the provision of equipment and services to be provided by Johnson Controls Fire Protection LP ("Company") to PALM SPRINGS INTERNATIONAL AIRPORT and is effective 1-Jan-23 (the "Effective Date") to 31-Dec-25 (the "Initial Term"). Customer agrees that initial inspections may be performed within 45 days from the Effective Date.
PAYMENT FREQUENCY: Annual In Advance
PAYMENT TERMS: Due Upon Receipt
For applicable taxes, please see Section 3 of the Terms & Conditions PAYMENT AMOUNT: $21,157.85 - Proposal#: CPQ-306937
PAYMENT SUMMARY:
Initials
CUSTOMER ACCEPTANCE: In accepting this Agreement, Customer agrees to the Terms and Conditions on the following pages and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that Customer may issue. Any changes in the system requested by Customer after the execution of Agreement shall be paid for by Customer and such changes shall be authorized in writing.
ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS AGREEMENT.
Year Term PSA Charges
1 01/01/2023 - 12/31/2023 $21,157.85
2 01/01/2024 - 12/31/2024 $24,331.53
3 01/01/2025 - 12/31/2025 $27,251.31
© 2022 Johnson Controls. All rights reserved
Item 1F - Page 21
Inland Empire, California
Received
1/20/2023
These rates are effective as of March 21, 2022 (FY/22) until further notice.
Standard
Labor Rates:
Chart 1
Straight Time
excl. Holidays
Overtime
excl. Holidays
Sundays & Holidays
Fire Technician $356.00 $522.00 $689.00
Sprinkler Fitter $252.00 $357.50 $462.00
Minimum Charge on Electronic Service includes Fire Alarm and Nurse Call equipment:
o Str
aight Time: Contracted customers - 2 hour minimum, plus $185.00 truck charge . o Straight Time: Non-Contracted customers – 3-hour minimum charge, plus $185.00 truck charge
o After Hours & Holidays: 2 hour minimum, plus $185.00 truck charge.
Minimum Charge on Sprinkler Service:
o Str
aight Time: Contract customers - 2-hour minimum charge, plus $185.00 truck charge. o Straight Time: Non-Contracted customers - 3-hour minimum charge, plus $185.00 truck charge
o After Hours & Holidays: 2 hour minimum, plus $185.00 truck charge PPE Charge:
o Unti
l further notice, JCI will implement a $15.00 personal protective equipment (PPE) fee to qualifying fire service requests. The $15.00 flat fee will help JCI cover the costs of essential items such as face coverings/masks, hand sanitizer, goggles, gloves and other protection equipment that will allow us to uphold the highest standards of safety. o Qualifying service requests include:
Deficiency sprinkler 5-year obstruct inspections, deficiency – time and material, general
service, manual inspections, walk-in inspections, sprinkler 5-year obstruct inspections and sprinkler backflow tests.
Regular time is from 8:00am to 5:00pm Monday through Friday.
Time
classification Start Time End Time
Standard time:
Mon-Fri
8:00 A.M. 5:00 P.M.
After hours:
Mon-Fri
5:01 P.M. 7:59 AM
Saturdays. Sundays &
Holidays
All Day All Day
Item 1F - Page 22
•
•
•
•
Revised 1.4.23
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1F - Page 23
Revised 1.4.23
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 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 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 Item 1F - Page 24
Revised 1.4.23
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 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, 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 City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non-contributory over any insurance or self- insurance the City may have ..." ("as respects City of Palm Springs Contract No.___ " or "for any and all work performed with the City" may be included in this statement).
C. " Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
Item 1F - Page 25
Revised 1.4.23
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 authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and 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 1F - Page 26
Revised 1.4.23
EXHIBIT “C”
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 1.4.2023
Item 1F - Page 27
Revised 1.4.23
FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.
The Contractor must maintain an acceptable cost accounting system. The Contractor 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 Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1F - Page 28
Revised 1.4.23
FAA - 02 Affirmative Action Requirement
Not applicable.
Item 1F - Page 29
Revised 1.4.23
FAA – 03 Breach of Contract
See Section 4.5 of the Agreement. Reference: 2 CFR § 200 Appendix II(A) Item 1F - Page 30
Revised 1.4.23
FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
Construction Projects invo lving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
Equipment and Buildings Projects involving and including the acquisition of equipm
ent such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
Reference: Title 49 USC § 50101
Item 1F - Page 31
•
•
Revised 1.4.23
FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
Item 1F - Page 32
Revised 1.4.23
FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • 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 § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (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 (42 USC § 12101, et seq) (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) 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 (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); Item 1F - Page 33
Revised 1.4.23
• 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. 74087 (2005)];
• 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).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or 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 Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
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a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.
REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor 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.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251 Item 1F - Page 36
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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.
CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally- assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
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3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback
APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).
Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1F - Page 39
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FAA – 10 Davis Bacon Requirements
APPLICABILITY -
The Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.
Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects – Fencing projects that exceed $2,000 must include this provision.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Item 1F - Page 40
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determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor Item 1F - Page 41
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shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Item 1F - Page 42
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Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency Item 1F - Page 43
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may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the Item 1F - Page 44
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trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
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10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141-3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the 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 Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime 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.
Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non- DBE firm, or with another DBE firm.
The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City.
Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm.
For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.
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termination of its subcontract and why the City should not approve the prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).
REQUIREMENT -
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 Contractor 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 Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1F - Page 51
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.
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)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There ion clause and a specification clause.
The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – all professional service agreements as required above.
Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.
REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has Item 1F - Page 53
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access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts 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. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
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b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.
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The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs Item 1F - Page 56
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and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor.
The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all Item 1F - Page 57
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personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and Item 1F - Page 58
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penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.
Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.
REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.
REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or of
feror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award document
s for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.
Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.
Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.
Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment.
Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1F - Page 62
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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.
REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive- procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.
REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub- tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.
Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.
Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.
Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.
Land – This provision will not typically apply to a property/land project.
REQUIREMENT -
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
Reference: 49 CFR Part 41
Item 1F - Page 66
Revised 1.4.23
FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1F - Page 67
Revised 1.4.23
FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1F - Page 68
Revised 1.4.23
FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that Item 1F - Page 69
Revised 1.4.23
discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
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FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.
REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
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Revised 1.4.23
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.
REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L) Item 1F - Page 72
ATTACHMENT B
PUBLIC INTEGRITY DISCLOSURE
Item 1F - Page 73
1. 2.
3. 4.
Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Johnson Controls Fire Protection LP
Address of Entity (Principal Place of Business)
State where Entity is Registered with Secretary of State Delaware
If other than California, is the Enfif also re istered in California? Yes No
5. Type of Entity
Limited
O Corporation O Limited Liability Company [x] Partnership O Trust O 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 �S=i=m_,..,p=le=x�T�im=e�R=e=co=r�d=e=r�L=L=C�------- O Officer O Director O Member O Manager [name]
[x] General Partner O Limited Partner
0 other ____________ _
___________________ O Officer O Director O Member O Manager [name]
O General Partner O Limited Partner
O other ____________ _
___________________ O Officer O Director O Member O Manager (Revised 09 13 18)
[name]
O General Partner O Limited Partner
O other ____________ _
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
t
Item 1F - Page 74
Local or California Address (if different than #2)
t
I
7. Owners/Investors with a 5% beneficial interest in the APPiicant 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.
NIA publicaly traded company
[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 entityl
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.
(Revised 09 13 18)
Printed Name, Title Date
12 /2022
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1F - Page 75
11 1
ATTACHMENT C
SOLE SOURCE LETTER
Item 1F - Page 76
Item 1F - Page 77
Johnson fj,
Controls
April 28, 2022
Palm Springs International Airport
Attn: Ed Graff
3400 E Tahquitz Cyn Way
Palm Springs CA 92262
Mr. Graff:
SimplexGrinne/1 LP
10282 6th Street
Rancho Cucamonga, CA
91792
P: 909-987-7546
F: 909-989-6718
SimplexGrinnell LP is the only authorized distributer that is certified to service and program SimplexGrinnell fire alarm systems in the state of CA. The network fire alarm system at the Palm Springs International Airport is a SimplexGrinnell fire alarm network.
Only SimplexGrinnell employees are factory trained and certified to service and program SimplexGrinnell systems. SimplexGrinnell technicians have the latest software training and are provided with all needed updates and revisions to these systems.
SimplexGrinnell greatly appreciates the opportunity to be of service to you and we look forward to providing you the best life safety services possible to Palm Springs International Airport.
Please do not hesitate to contact me if you have any questions.
Regards,
CITY COUNCIL STAFF REPORT
02/09/2023
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.” Attachments
Item 1G
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 9, 2023 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT -ORIENTED
BUSINESSES
FROM: Teresa Gallavan, Interim City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:
This is the second reading of an ordinance to amend Palm Springs Municipal Code (PSMC) Section 5.77 relative to adult -oriented business regulations . The City Council approved the proposed amendments at first reading on January 26, 2023, with minor revisions.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.”
STAFF ANALYSIS:
On January 26, 2023, Ordinance No. 2082 was introduced for first reading as noted below:
ACTION: Waive reading of the texting in its entirety, read by title only and introduce for first reading Ordinance No. 2082, “ 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.”
AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tem Bernstein, Mayor Garner
NOES: None
ABSENT: None
Item 1G - Page 1
City Council Staff Report
February 9, 2023 -- Page 2
Adult-Oriented Business Ordinance
The City Council voted to introduce Ordinance No. 2082, subject to the following minor revisions and deletions:
• Eliminate the expansion of adult uses to the C-2 (General Commercial) zone district.
• Consolidate the Adult Hotel/Motel use with the Adult Sex Venue use. • Require Adult Sex Venue businesses to partner with local public health agencies to address sexually-transmitted infections and drug use. • Clarify screening requirements for adult businesses from residential areas. • Eliminate language regarding gratuities given to performers. • Require an inspection by City staff as part of the annual renewal of the business license for adult-oriented businesses.
The ordinance has been amended to include these revisions as directed by the City Council.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Ordinance No. 2082 (amended)
Item 1G - Page 2
ORDINANCE NO. 2082
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.
City Attorney’s Summary
The proposed ordinance will update the City’s regulations pertaining to adult -oriented business uses, including
definitions of adult use categories, minor revisions to operational procedures, separation requirements, and safety requirements.
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict wi th general laws to protect and promote the public health, safety, and welfare of its citizens ; and
C. I n accordance with the City’s above- referenced charter city authority, the City Council wishes to amend its Municipal Code provisions regarding adult -oriented businesses; and
D. The City Council has carefully reviewed and considered all of the evidence presented in connection with the public meeting on the ordinance, including, but not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.
SECTION 2. Rescind and replace Chapter 5.77 of the Palm Springs Municipal Code as follows:
Chapter 5.77 ADULT-ORIENTED BUSINESSES
Item 1G - Page 3
Ordinance No. 2082
5.77.055 Intent.
(a) The intent of this chapter is to regulate adult-oriented businesses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to:
depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult -oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult -oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to
insure ensure that these adverse effects
will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult -oriented businesses. It is neither the intent, nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult - oriented businesses to their intended market.
(b) Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
5.77.010 Definitions.
“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, contiguous to, or directly across a public right-of-way. “Adult bookstore” means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented material and/or merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See “Adult oriented business” for definition of regular and substantial portion of its business.) “Adult cabaret” means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Item 1G - Page 4
Ordinance No. 2082
“Adult entertainment establishment” means a bar, lounge, nig htclub, movie theater, live theater, or similar establishment which features as a regular and substantial course of conduct, any type of live entertainment, films, or other oral or visual representations which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult-Oriented Business” for a definition of regular and substantial portion of its business).
“Adult hotel/motel” means a motel, hotel or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are charact erized by the depiction or description of specified sexual activities or specified anatomical parts and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) Offers a sleeping room for rent for a period of time less than ten hours; or (3) Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours.
“Adult model studio” means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describi ng, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. “Adult model studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code.
“Adult motion picture arcade” means any business establishment or concern containing coin- or slug- operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices tha t are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct performs as an adult entertainment establishment, adult retail establishment, adult sex venue, adult bookstore, adult theater, Item 1G - Page 5
Ordinance No. 2082
adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually -oriented merchandise or sexually -oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Adult oriented business” does not include those uses or activities, the regulation of which is preempted by state law. “Adult-oriented business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical part s. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activit ies or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to sexually -oriented merchandise and/or sexually - oriented material exceeds more than ten twenty percent, or two hundred fifty square feet, whichever is less, of the total display or floor space area open to the public;
(2) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on speci fied sexual activity or specified anatomical parts at least six times in any month in any given year;
(3) The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; or
(4) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Adult retail establishment” means any establishment, such as an adult bookstore, adult video store, adult arcade, or any similar retail use which as a regular and substantial course of conduct, displays and/or distributes sexually-oriented material and/or merchandise, including printed materials, videos, sexual devices, and similar items, which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult -Oriented Business” for a definition of regular and substantial portion of its business).
Item 1G - Page 6
Ordinance No. 2082
“Adult theater” means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
“Clothing optional hotel/motel” means a non- adult hotel/motel which, in the ordinary course of business permits persons to be nude in and on those public areas of the hotel or motel property which are not visible from any public right -of-way. A clothing optional hotel shall not include any hotel or motel which provides compensation of any form or permits any person to accept compensation of any form for exposing specified anatomical parts or engaging in specified sexual activities unless the exposure of such specified anatomical parts is ancillary or incidental to the activity for which the compensation is received.
“Director” means the Finance & Treasury Director of the City of Palm Springs or the City Manager’s designee.
“Live art class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four hours in advance of participation in the class.
“Sex club Adult sex venue ” means any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a twenty-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this section, a “public or semipublic portion of an establishment” shall mean any portion of the establishment in which invitees of the establishment are permitted access and which is not let, leased or rented more than once in a twenty -hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, an “
Sex club adult sex venue” is also any
place which that represents itself to any person or group of persons as a place for persons to engage in specified sexual activities.
“Sexually-oriented material” means any element of sexually-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture, film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which that
are characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical parts.
Item 1G - Page 7
Ordinance No. 2082
“Sexually-oriented merchandise” means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which that are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity.
“Specified anatomical parts” means:
(1) Less than completely and opaquely covered human genitals; anal region; pubic region; buttocks; or the areola of the female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid visibly aroused state, even if completely and opaquely covered.
“Specified sexual activities” means:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; (8) Striptease or the removal of clothing to the point where specified anatomical parts are not opaquely covered.
(1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or any sexual act involving the sex organs of one person and the mouth or anus of another; (3) Fondling or other erotic touching of human genitals, pubic region, or female breast;
(4) Striptease or the removal of clothing to the point where specified anatomical parts are not opaquely covered.
5.77.015 Permit License Required.
Item 1G - Page 8
Ordinance No. 2082
No adult-oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains both an adult oriented business permit and a business license from the city of Palm Springs.
5.77.020 Application Requirements.
(a) The property owner, or authorized agent of the property owner, is eligible to request an adult oriented a business permit license for an adult-oriented business.
A single
adult-oriented business permit shall suffice for the operation of any adult -oriented business within the city.
(b) The following information is required at the time an adult-oriented a business permit
license for an adult-oriented business is submitted to the community development department Finance & Treasury Department:
(1) A completed adult oriented business permit license application signed by the property owner or authorized representative;
(2) A nonrefundable deposit or fee as set forth by ordinance or resolution of the city council;
(3) A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in Section 5.77.030; (4) All Any other information as required by the city of Palm Springs adult- oriented business permit information sheet.
5.77.025 Findings/Requirements.
(a) The city development services director shall issue an adult -oriented a business
permit license within thirty days of following receipt of a complete application if it finds that:
(1) The adult-oriented business shall be located in the city’s C-M, M-1, M-1-P and M-2 zoning districts.*
(2) The adult-oriented business shall not be located within six hundred fifty feet of adjacent to any residential zone.*
(3) The adult-oriented business shall not be located within five six hundred feet of any lot upon which there is properly located a public par k, public playground, school, day care/childcare center, or youth center or mortuary or within five six hundred feet of any lot used by a religious institution for religious activities at least three times per week.*
(4) The adult-oriented business shall not be located on any property fronting upon a major or secondary thoroughfare as defined in the general plan of the city of Palm Springs. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right -of-way for the road have a contiguous boundary.
(5) The adult -oriented business shall not be located on property adjacent to another adult-oriented business. For the purpose of this section, “adjacent Item 1G - Page 9
Ordinance No. 2082
property” means property with a common boundary, excluding intervening easements and rights -of-way, whether such rights -of-way are held by the city in fee or otherwise. By way of example, an adult oriented business shall not be permitted to operate at a location across the street from another adult oriented business if, but for the existence of the street, the property lines of the businesses would be contiguous.
(6) The parking requirements for adult-oriented businesses shall be as follows The adult-oriented business complies with parking requirements as listed in Palm Springs Zoning Code Chapter 93.00.
Bookstores and retail
establishments
1 parking space/300 square feet of gross
floor area
Theaters 1 parking space/3 seats, if seats are
fixed, or 1 parking space/24 square feet
of gross floor area
Cabarets 1 parking space/3 seats if seats are
fixed, or 1 parking space/35 square feet
of gross floor area
Motion picture arcade 1 parking space/individual viewing area plus 1 parking space/employee
Motel/hotel 1 parking space/guest room for first 50
rooms; .75 parking space/guest room
thereafter
(7) The adult -oriented business shall not be located completely or partially within any mobile structure or pushcart.
(8) The adult-oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use , unless otherwise permitted under a Land Use Permit.
(9) The adult-oriented business s hall not conduct any massage, tattooing or acupressure on the premises or operate escort services from the premises. (10) The adult -oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business which are accessible to the public shall be open to public view at all times with the exception of restroom facilities. “Accessible to the public” shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. For Adult Entertainment Establishments or Adult Sex Venues, the applicant has submitted a security plan, developed in consultation with, and approved by, the Police Department, to address patron safety at such facilities.
(11) The adult-oriented business complies with the city’s sign regulations. (12) The adult -oriented business complies with the development and design requirements of the zone in which it is to be located.
Item 1G - Page 10
Ordinance No. 2082
(13) The adult-oriented business shall not display any sexually-oriented material or sexually-oriented merchandise which would be visible from any location other than from within the adult-oriented business public rights-of-way. (14) The adult-oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty -one if liquor is served.
(15) With the exclusion exception of adult-oriented hotels adult sex venues, the adult-oriented business shall not operate between the hours of one two a.m. and nine six a.m.
(16) Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult-oriented business has been foun d guilty within the past two years of a misdemeanor or felony classified by the state as a sex-related offense and has not violated any of the provisions of an adult-oriented business permit license or similar permit or license in any city, county, territory or state.
(17) The adult -oriented business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.
(18) The interior of the adult oriented business shall be configured such that there is an unobstructed view of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a permanent security station physically demarked in the establishment which is no larger than thirty-two square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two- way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area from the manager’s station. A security officer shall be stationed in the security station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one person at a time. “Individual viewing area” means any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos or other presentations. (19)(17) All areas of the adult oriented business shall be illuminated at a minimum of the following foot -candles, minimally maintained and evenly distributed at ground level : The adult -oriented business complies with the outdoor lighting standards listed in Palm Springs Zoning Code Chapter 93.00.
Item 1G - Page 11
Ordinance No. 2082
Bookstores 20 footcandles
Retail establishments 20 footcandles
Theaters 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
Cabaret 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
Motion picture arcade 10 footcandles in public areas
Individual viewing booths 1.25 footcandles
Motion picture theater 10 footcandles except during
performances at which times the lighting
shall be at least 1.25 footcandles
Motel/hotel 20 footcandles in public areas
(20) The individual viewing areas of the adult oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.
(21) A traffic study has been prepared for the adult oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway. (22)(18) The adult-oriented business shall comply with the noise element of the general plan, interior and exterior noise standards noise ordinance and any mitigation measures necessary to reduce the project’s noise impacts to the city’s articulated noise standard.
(23)(19) The adult-oriented business shall comply with all building and construction standards of the Uniform California Building Code, as adopted by the City of Palm Springs, Chapter 24 thereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.
(24)(20) Whenever live entertainment is provided, patrons shall be physical ly separated from performers by a buffer zone of at least six feet. “Live entertainment,” for the purposes of this requirement, means any existent display by a human being which is characterized by an emphasis on specified anatomical parts or specified sexual activities. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.
(25) No building, premises, structure or other facility shall be permitted to contain more than one type of adult oriented business as such types of adult Item 1G - Page 12
Ordinance No. 2082
oriented business are defined in Section 5.77.010. For the purposes of this section, the catch- all phrase “adult oriented business” shall not be considered a single type of adult oriented business.
(26) No individual viewing area may be occupied by more than one person at any one time.
(27) No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron. (21) The following additional standards shall apply to Adult Sex Venues:
a. Information shall be provided to patrons relating to the risk of contracting HIV/AIDS and other sexually transmitted infections, and the methods of preventing such infections. Operators shall be required to partner with a local public health organization to educate patrons on sexually transmitted infections and substance abuse prevention.
b. Safe sex supplies, including condoms and lubricant, shall be made available for patrons.
c. Employees shall be trained regarding the transmission of sexually transmitted infections and the means of prevention.
d. Operators shall ensure that the facility is maintained in a sanitary condition. The Director shall establish and publish sanitation guidelines for Adult Sex Venue facilities , which shall be provided to the operator and serve as a basis for inspections by City staff. e. Any public areas of the Adult Sex Venue shall be screened from view of any adjacent public right-of-way utilizing a six (6) foot high opaque wall, fence, or hedge. For the purposes of this requirement, parking lots shall not be considered a public area.
(b) The Director city development services director shall deny the requested permit license if the above findings have not been made.
*The distance of separation required by Findings (a) (1), (2) and (3) shall be made using a straight line, without regard to intervening structures or objects, from the nearest property line of the property on which the adult -oriented business is, or will be located, and to the nearest property lie of the protected uses described in this Subsection from the property line of the lot on which the adult oriented business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school if the use from which the measurement is being taken is located on the same lot as the adult oriented business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.
5.77.030 Permit
License – Duration.
An adult-oriented business permit
license shall be valid for a period of one year from the date of issuance.
Item 1G - Page 13
Ordinance No. 2082
5.77.035 Permit License – Renewal.
An adult-oriented business permit
license for an adult-oriented business shall be renewed on a year -to-year basis provided that the permittee and the adult -oriented business continue to meet the requirements set forth in this chapter. The Director or designee shall inspect the adult-oriented business as part of the renewal process to verify that the business is in conformance to the requirements of this chapter. A request for permit license renewal must be accompanied by a completed adult -oriented business permit license application. If said application conforms to the previously approved application and the adult-oriented business has not changed, the permit license shall be renewed by the director of planning and building Director for another year. Any change or alterat ion in the nature or operation of the adult -oriented business will require the renewal to be reviewed by the director of planning and building Director. The renewal fee for an adult - oriented business permit license shall be established by ordinance or resolution of the city council.
5.77.040 Permits
Licenses – Nontransferrable – Use Specific.
No adult-oriented business permit
license for an adult -oriented business may be sold,
transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the
permit license and the permit license shall be thereafter null and void. An adult-oriented business permit license held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult -oriented business from one element of an adult -oriented business to another element of an adult -oriented business shall also render the permit
license null and void. An adult-oriented business permit license shall only be valid for the exact location specified on the permit.
5.77.045 Enforcement and Revocation.
(a) Inspections. The permittee shall permit officers of the city of Palm Springs, the county of Riverside, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult -oriented business for the purpose of ensuring compliance with the law at any time the adult -oriented business is open for business or occupied.
(b) Revocation Grounds. The director of planning and building Director may revoke
an adult-oriented business permit license when he or she discovers it is discovered that any of the following have occurred:
(1) Any of the findings contained in Section 5.77.025 above ceases to be satisfied;
(2) The application contains incorrect, false or misleading information; Item 1G - Page 14
Ordinance No. 2082
(3) The applicant is convicted of any felony or misdemeanor which that is classified as a sex or sex-related offense, any violation of the city’s zoning ordinance, any violation of the city’s massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state; (4) Individual viewing areas are being operated with more than one occupant at any one time, or are being maintained with holes, openings or other means of direct visual access between the interior space of two or more individual viewing areas. For the purpose of this section, “individual viewing area” means a viewing area designed for single occupancy; (5)(4) Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the adult-oriented business.; or (6) Any person or persons has engaged in any specified sexual activities on the premises.
(c) Revocation Notice. Upon determining that the grounds for permit license
revocation exist, the director of planning and building Director shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen calendar days of the posting or the post - marked date on the notice. The notice shall be delivered both by posting the notice at the location of the adult -oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appears on the
permit license. Not later than fifteen calendar days
after the latter of the mailing or posting of the notice, the permittee may file an appeal of the
director of planning and building’s Director’s determination with the city clerk. If the appeal is filed within fifteen calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (d) of this section.
(d) Appeal. Any person aggrieved by a decision of the director of planning and
building Director under this chapter may file an appeal in the manner provided in Chapter 2.05 of the Palm Springs Municipal Code, and the appeal shall be noticed, heard and decided as provided therein.
(e) Reapplication After Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an adult-oriented business permit license for
a business once its permit license has been revoked.
5.77.050 Violation – Penalty.
(a) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitte d adult -oriented business, or who violates any Item 1G - Page 15
Ordinance No. 2082
provisions of this chapter, including but not limited to any provision of Section 5.77.025, shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars for each offense or imprisoned for not more than six months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.
(b) Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.
(c) Any adult -oriented business at which two (2) or more overdoses of regulated narcotics occur within any twelve (12) month period shall be subject to revocation of its business license, with automatic suspension of its business license pending final resolution of license revocation proceedings.
(d) In the event any owner, co- owner, investor or employee of any adult -oriented business is arrested or convicted of any of the following offenses: human trafficking, prostitution, facilitating prostitution (pimping), such business shall be subject to revocation of its business license, with automatic suspension of its business license, pending final resolution of license revocation.
(e) In the event any arrest or conviction for the crimes listed in subdivision (d) is based on activity at an adult -oriented business, such business shall be subject to revocation of its business license, with automatic suspension of its business license, pending final resolution of license revocation.
(f) Any adult -oriented business shall, as a closely regulated business, during the hours of 8:00 am to 6:00 pm, be subject to inspection by any peace officer, City employee or health inspector, without delay or hindrance. Any such search between the hours of 6:00pm to 8:00am of the next day shall require either the consent of the operator or a judicially-issued search warrant.
5.77.055 Sex clubs prohibited.
Sex clubs, as defined in Section 5.77.010
, are prohibited.
SECTION 3. Applicants for a business license for an adult-oriented business shall pay the Adult Oriented Business Permit fee, as established in the adopted Item 1G - Page 16
Ordinance No. 2082
Comprehensive Fee Schedule, in addition to any required business license fee. These fees may be consolidated and adjusted as part of any amendment process for the Comprehensive Fee Schedule.
SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 5. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9TH DAY OF FEBRUARY, 2023.
GRACE ELENA GARNER
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1G - Page 17
Ordinance No. 2082
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 1G - Page 18
CITY COUNCIL STAFF REPORT
02/09/2023
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 2081, 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:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2081, “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.”
Attachments
Item 1H
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 9, 2023 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2081, 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.”
FROM: Teresa Gallavan, Interim City Manager
BY: Harry Barrett Jr., A.A.E., Executive Director of Aviation Andrew Mills, Police Chief
Jeffrey S. Ballinger, City Attorney
SUMMARY:
This is the second reading of an ordinance to amend Palm Springs Municipal Code (PSMC) Chapter 16.04 and Section 11.08.080 concerning guidelines on the lawful use and occupancy of Airport property with the goal of enhancing Airport operations to make them more safe, secure , and efficient as well as clarifying authority with regard to trespassing on residential and public property in other parts of the City.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2081,
“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 RUL ES AND
REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.”
STAFF ANALYSIS
On January 26, Ordinance No. 2081 was introduced for first reading, as noted below:
City Council Staff Report
February 9, 2023 -- Page 2
Ordinance re Loitering at Airport and Trespass on Public Property
ACTION: Waive reading of the ordinance text in its entirety, ready by title only, and introduce for first reading Ordinance No. 2081, “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.”
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
REVIEWED BY:
Department Director: Harry Barrett Jr., A.A.E.
City Attorney: Jeffrey S. Ballinger
Police Chief: Andrew Mills
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Proposed Ordinance No. 2081
CITY COUNCIL STAFF REPORT
02/09/2023
SUBJECT:
A REQUEST BY JOHN W. MICH, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1851 SANDCLIFF
ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN
APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-011), (HSPB #93/HD-5) RECOMMENDATION:
Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, John W. Mich, and the Sandcliff Homeowners Association.
1. Authorize the Interim City Manager to execute the Agreement.2.
Direct the City Clerk to record the Agreement with the County of Riverside.3.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: F EBRUARY 9, 2023 CONSENT CALENDAR
SUBJECT: A REQUEST BY JOHN W. MICH, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRE SERVATION AGREEMENT FOR 1851
SANDCLIFF ROAD, A CONTRIBUTING STRUCTURE IN THE
SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-011), (HSPB #93/HD-5)
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Planning Services
SUMMARY:
This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with John W. Mich (owner) and the Sandcliff Garden Apartment Homes Homeowners Association. The intent of this contract is to require maintenance and preservation of 1851 Sandcliff Road, a contributing structure in a C ity-designated historic district in exchange for possible property tax relief as determined by the Riverside County Tax Assessor.
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, John W. Mich, and the Sandcliff Homeowners Association;
2. Authorize the Interim City Manager to execute the Agreement; and
3. Direct the City Clerk to record the Agreement with the County of Riverside.
STAFF ANALYSIS:
On February 3, 2016, the City Council designated Sandcliff Garden Apartment Homes located at 1800 South Barona Road (HSPB #93 / HD -5) a historic district via Resolution No. 23963. The Council identified all the residential buildings within Sandcliff as contributing resources in the historic district. The dwelling at 1851 Sandcliff Road is a contributing structure within the historic district.
Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate Item 1I - Page 1
City Council Staff Report
February 9, 2023 – Page 2
Mills Act Agreement – 1851 Sandcliff Road
calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.
BELOW IS THE ENTRY VIEW OF 1851 SANDCLIFF ROAD
Pursuant to California Government Code Section 50280.1, a “qualified historical property” means a privately-owned property which is not exempt from property taxation and is listed in any state, city, or county official register of historical or architecturally significant sites, places, districts, or landmarks. The dwelling at 1851 Sandcliff Road meets this definition because it is a contributing structure within the Sandcliff Historic District and the Sandcliff Historic District is listed in the City of Palm Springs register of Historic Sites and Districts as site HSPB #93 / Historic District #HD-5.
FISCAL IMPACT
:
Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.
REVIEWED BY
:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Vicinity Map
B. Resolution 23963
C. Letter from the owner dated December 7, 2022
D. Letter from the Homeowners Association dated December 6, 2022 Item 1I - Page 2
Attachment A
Item 1I - Page 3
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
1851 Sandcliff Road
HSPB 93 HD-5
Item 1I - Page 4
Legend
- Site
- soo· Site Radius
•
.
.
W E . .
.
s
Attachment B
Item 1I - Page 5
Item 1I - Page 6
R ECORDING REQUESTED BY:
CITY OF PALM SPRINGS
ND WHEN RECORDED MAIL TO: A
C
p
ity of Palm Springs
. 0. Box 2743
p aim Springs, CA 92263
A ttn: Office of the City Clerk
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