(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Network Services Company dba Network Distribution
1100 E. Woodfield Road, Suite 200, Schaumburg, IL 60173 None
Delaware
Alan Tomblin
Michael Johnson
Daniel Ceko
Item 1H - Page 73
-
V -
V
V
V
-
V
I
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Date
NONE
Daniel Ceko, Treasurer & Corporate Counsel
June 27, 2023
Item 1H - Page 74
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
APPROVAL OF AMENDMENT NO. 8 TO LEASE AGREEMENT NO. A3613 WITH
PALM SPRINGS AIR MUSEUM FOR HANGAR RENTAL
RECOMMENDATION:
Approve a three-year lease extension for the Palm Springs Air Museum for a 10,000-square-foot hangar to store aircraft for a period commencing August 1, 2023, through July 31, 2026, at a rent of $2,500 per month.
1. Authorize the Airport Executive Director to approve up to two additional six-month extensions commencing on August 1, 2026, if requested by the Palm Springs Air Museum.
2. Authorize the City Manager or designee to execute all necessary documents.3.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: JULY 24, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 8 TO LEASE AGREEMENT NO.
A3613 WITH PALM SPRINGS AIR MUSEUM FOR HANGAR RENTAL
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve a three-year lease extension with the Palm Springs Air Museum, a tenant at the Palm Springs International Airport, for one of the Airport’s aircraft hangars.
RECOMMENDATION:
1. A pprove a three-year lease extension for the Palm Springs Air Museum for a 10,000 square foot hangar to store aircraft for a period commencing August 1, 2023, through July 31, 2026, at a rent of $2,500 per month (Attachment A).
2. Authorize the Airport Executive Director to approve up to two additional six-month extensions commencing on August 1, 2026, if requested by the Palm Springs Air Museum.
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS INTEREST DISCLOSURE:
The Palm Springs Air Museum is a 501 (c) (3) non-profit corporation. The Public Integrity Disclosure (Attachment B) lists the Board of Directors.
BACKGROUND:
The Palm Springs Air Museum is a popular attraction serving the entire Coachella Valley tourism industry and has been leasing property at the Palm Springs International Airport since November 1995. The Original Lease has been amended/extended on the following occasions:
Item 1I - Page 1
City Council Staff Report
July 24, 2023 – Page 2
Palm Springs Air Museum – Amendment No. 8
• Amendment No. 1 was entered into on December 2, 1998, to include improvements of a rent- free office space for the Civil Air Patrol , a 10% food and beverage gross revenue share, and $ .25 per admission ticket for special events.
• Amendment No. 2 expanded the original footprint of the real property of the original lease to include the available parking for visitors to the museum and to construct an educational facility and hangar.
• On January 1, 2016, the City and the Air Museum entered into Amendment No. 3, which included additional facilities such as a 20,000 square foot hangar, 8,100 square foot hangar restaurant, an aircraft apron tarmac expansion, retention basin, and road access improvements.
• On February 15, 2020, the City and the Air Museum entered into Amendment No. 4 and leased an additional 10,000 square foot hangar on the airport premises to store aircraft through October 31, 2020.
• On November 1, 2020, the City and the Air Museum entered into Amendment No. 5, which extended the term for the 10,000 square foot hangar for an additional six months from November 1, 2020 through April 30, 2021.
• The City and the Air Museum entered into Ame ndment No. 6 on May 1, 2021, to extend the term of the lease of the 10,000 square foot hangar to October 30, 2021.
• T he City and the Air Museum entered into Amendment No. 7 on November 1, 2021, to extend the hangar for an additional six months from November 1, 2021 through April 30, 2022. On April 12, 2022, the City and the Air Museum extended the lease through December 31, 2022, upon mutual agreement.
• On November 9, 2022, the term for the 10,000 square foot hangar was extended by mutual agreement for an additional six months from January 1, 202 3 through June 30, 2023.
STAFF ANALYSIS:
The Air Museum facility on Palm Springs International Airport consists of approximately sixteen acres on the east side of PSP Airport’s property abutting Gene Autry Trail. The land includes multiple adjoined aircraft hangars totaling approximately 85,000 square feet of space to store aircraft and memorabilia made accessible to the public.
The Air Museum is requesting to extend the term of the hangar space at the Airport beginning August 1, 2023 through July 31 , 202 6 for ongoing storage of aircraft. This period is the estimated time until the completion of a new 20,000 square foot hangar on the Air Museum’s original lease interest. The hangar where the aircraft is stored is owned Item 1I - Page 2
City Council Staff Report
July 24, 2023 – Page 3
Palm Springs Air Museum – Amendment No. 8
by the City and located on the Airport’s westerly portion of the general aviation taxiway as depicted in the following photos.
Staff’s assessment is that the lease will have no impact on any airport operations. Airport staff is not aware of any other individual or entity interested in leasing or occupying this hangar.
Staff also requests City Council authoriz ation to extend the term for up to two additional six-month terms, starting on August 1, 2026, if requested by the Palm Springs Air Museum.
FISCAL IMPACT:
The total Airport Ground Lease will generate gross revenue to the Airport in the amount of $90,000 for the three- year term. All revenue will be applied to Airport A ccount 415.38070.
REVIEWED BY:
Department Director: Harry Barrett Jr.
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:
A. Amendment No. 8 to Lease No. A3613
B. Public Integrity Business Disclosure
PSAM
Leasehold Proposed
Hangar
Item 1I - Page 3
ATTACHMENT A
AMENDMENT NO. 8 TO LEASE NO. A3613
Item 1I - Page 4
AMENDMENT NO. 8 TO LEASE NO. A3613 PALM SPRINGS AIR
MUSEUM LEASE AGREEMENT AT PALM SPRINGS
INTERNATIONAL AIRPORT
THIS EIGHTH AMENDMENT (“Amendment”) to Lease Agreement No. A3613 is made and entered into this 1 st day of August 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, (“Landlord”), and the Palm Springs Air Museum, Inc., a California non-profit public benefit corporation (“Tenant”).
RECITALS
A. Landlord owns and operates an airport known as the Palm Springs International Airport, located in the City of Palm Springs, County of Riverside, State of California (“Airport). Landlord and Tenant entered into Lease Agreement No. A3613, effective November 29, 1995, Amendment No. 1 to said Lease Agreement on December 2, 1998, Amendment No. 2 to said Lease Agreement on February 2, 2005, Amendment No. 3 to said Lease Agreement on January 1, 2016, Agreement No. 4 to said Lease Agreement on February 1, 2020, Amendment No. 5 to said Lease Agreement on November 1, 2020, Amendment No. 6 to said Lease Agreement on May 1, 2021, and Amendment No. 7 to said Lease Agreement on November 1, 2021. The Lease Agreement and its Amendments are collectively referred to as the “Agreement”.
B. Pursuant to the terms of the Agreement, the Landlord leases a portion of the Airport (“Demised Premises”) to Tenant to construct, operate, and maintain an Air Museum.
C. Pursuant to that certain Lease Amendment No. 4, dated February 1, 2020, the Landlord leased to Tenant an additional 10,000 square foot (sq. ft.) hangar, as described therein (the “10,000 sq. ft. hangar”), and to be included within the Agreement’s definition of “Demised Premises”, for aircraft storage purposes on a temporary basis, for $2,500 per month, from May 1, 2021, to October 31, 2021.
D. Pursuant to that certain Lease Amendment No. 5, Lease Amendment No. 6, and Lease Amendment No. 7, the term of the lease of the 10,000 sq. ft. hangar was further extended on.
E. On November 9, 2022, the term for the lease of the 10,000 sq. ft. hangar was extended for a period of six months from January 1, 2023 through June 30, 2023.
F. Landlord and Tenant now desire to exten d the term of the lease of the 10,000 sq. ft. hangar for a three year period, including two six-month extension options.
Item 1I - Page 5
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable considerations, Landlord and Tenant agree to amend the Agreement as provided herein.
AGREEMENT
1. A mendment. Section 1.2 of the Agreement is amended to read:
“ 1.
2 Lease Term. The term of the lease of the 10,000 sq. ft. hangar shall commence on August 1, 2023 , and shall expire on Ju ly 31 , 2026 , unless otherwise extended by mutual written agreement of the Parties. Notwithstanding the foregoing, Tenant may extend the term of the lease of the 10,000 sq. ft. hangar for up to two (2) additional terms of six (6) months.”
2 Except as otherwise provided in this Amendment, all terms and conditions of the Agreement, as previously amended, shall remain in full force and effect and performance of services under the Agreement shall be governed by the provisions of the Agreement.
3. This Amendment may be signed in counterparts, each of which shall constitute an original.
(SIGNATURES ON NEXT PAGE)
Item 1I - Page 6
SIGNATURE PAGE FOR AMENDMENT NO. 8 TO LEASE NO. A3613
BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRING AIR MUSEUM, INC.
IN WITNESS WHEREOF, the Parties have entered into this EIGHTH AMENDMENT to LEASE NO. A3613 PALM SPRINGS AIR MUSEUM LEASE AGREEMENT as of the day and year first above written.
CITY OF PALM SPRINGS PALM SPRINGS AIR MUSEUM, INC.
Approved By:
_____________________________________
Signature
_________________________________ _____________________________________ City Manager Name
____ ____________________ _____________
__________________________________ Title
Date
Attested By:
_____________________________________
Signature
__________________________________ _____________________________________ City Clerk Name
_____________________________________
Title
Approved as to Form:
__________________________________ Corporations require two notarized signatures.
City Attorney One signature must be from the Chairman of the Board, President, or any Vice President. The
second Signature must be from the Secretary,
Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
Item 1I - Page 7
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1I - Page 8
1. 2.
3. 4.
Name of Entity
?itl� �,
Addresso
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PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
rinciple Place of Business)
� ��m-.,,
Local or California Address (if ifferent th #2)
State where Entity is Registered with Secretary of State CA-\ i ti,, Mo'--
If other than Cali istered in California? Yes No
6. Officers, Directors, Members, Mana ers, 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 ----'04-"-h .... ".'.\_.__{p=-· ... ���--'----'----"-------� 0 Director O Member O Manager [name]
D General Partner D Limited Partner
□ Other ____________ _
---�-=--:Jd---'�-¼....:. __ Q....::_e::::Q--=o... ________ �cer D Director D Member D Manager [name]
O General Partner O Limited Partner
□ Other ____________ _
_ --1-�-=-•_l.:....\-=---�::.__:/j�t{.-=-�----':....._ _______ [3-(Sificer O Director O Member O Manager (Revised 09 13 18)
[name]
D General Partner O Limited Partner
□ Other ____________ _
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1I - Page 9
- •
-
:IA.-(
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
A.
[name of owner/investor]
B.
C.
[name o
D.
E.
50%, ABC COMPANY, Inc.
[percentage of
g f beneficial interest in entity
i:i name of entity)
(percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[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.
s;gn
�
of · os;ng 7• �;.d,7f;J&
Viu eJJe .... ---
Date
(Revised 0913.18)
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
Item 1I - Page 10
name of owner /investor ]
• .1~ ...
... . -
'
Item 1I - Page 11
Name
Board Officers
Dan Gilbertson,
Fred Bell
William L Bramer
Board Directors
Dick Shalhoub
Robert Gilliland
Fred W. Noble,
Gary Annunziata/D.0.
William Hughes
Willi am Page/M.D
Frank Castner
Mort Gubin/M .D.
Todd Hooks
Kenny Holley
Polly Pond Holley
Fred E. Jandt P.H.D.
Andy Jessup Sr.
James Kaplan
Karen Miles
Richard Olipha nt
John Parker
Carl Scholl
David Thompson D.D.S.
Rod Vandenb os
Martin Garri ck
Bill Rutherfor d
Victor Wolf
Chairman
Vice Chair/M anaging Director
Secretary fr reasu rer
Board Director
Board Di rector
Board Director
Board Director
Board Director
Board Director
Board Directo r
Soard Director
Board Director
Board Director
Soard Director
Board Director
Soard Director
Soard Director
Soard Director
Board Director
Board Director
Board Director
Board Director
Soard Director
Soard Di rector
Board Director
Soard Director
Affiliation
Retired/O il & Gas Industry
Chief Operating Officer, Nobel! Energy Solutions
Retired/Business Analyst
Owner, McDonalds Franchise, Riverside County
Partn er, Gurallnck & Gilliland LLP
President, Wintec Energy
DGC Digestive Health
Retired, Steel Manufa cturi ng
Retired, M edical Doctor
Retired, Educator, Palm Springs Unifieds School District Retired, Medical Doctor
Economic Development Director, Agua Caliente Band of Cahuilla Indians Retire d Founder, Advance Machine
Retired Founder, Advance Machine
Retired Educator, Cal State San Bernardino
Owner, General Motors Dealership, Coachella Valley
Owner, Harlan Tug
Captain. USAF Ret.
Principal, Oliphant Enterprises
Engineer, Boeing Aircraft Corporation
Owner, Aero Trader
Retired Dentist
Principal, Buzz Box Inc.
Principal, Admiral Development
Principal, Rutherfo rd Investments
Attorney, Best Best & Krieger
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
AWARD OF A FIVE-YEAR AIRPORT GROUND LEASE TO THE PALM SPRINGS
AIR MUSEUM
RECOMMENDATION:
Approve Airport Ground Lease with the Palm Springs Air Museum for the initial five-year term beginning August 1, 2023, through July 31, 2028, at a rental rate of $3,800 per month, with a potential five-year extension option.
1. Authorize the City Manager or designee to execute all necessary documents.2.
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
AUTHORIZE THE PURCHASE OF ONE (1) NEW CATERPILLAR 120JOY AWD
MOTOR GRADER AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED
$515,187.10
RECOMMENDATION:
Approve the issuance of a purchase order to Quinn Company for the purchase of one new Caterpillar 120JOY AWD Motor Grader and equipment in an amount not to exceed $515,187.10, inclusive of sales tax.
1. Authorize the City Manager or designee to execute all necessary documents.2.
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: JULY 24, 2023 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ONE (1) NEW CATERPILLAR 120JOY
AWD MOTOR GRADER AND EQUIPMENT IN AN AMOUNT NOT TO
EXCEED $515,187.10
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:
This action will authorize the purchase of one new Caterpillar 120JOY AWD Motor Grader and equipment for the Department of Maintenance and Facilities, at a purchase price of $515,187.10 through the national Sourcewell cooperative.
RECOMMENDATION:
1. Approve the issuance of a purchase order to Quinn Company for the purchase of one new Caterpillar 120JOY AWD Motor Grader and equipment in an amount not to exceed $515,187.10, inclusive of sales tax;
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Quinn Company’s Public Integrity Disclosure form is included as Attachment A.
BACKGROUND:
Street Maintenance is responsible for performing emergency road closures for Palm Springs Police Department activity, wind, sand, and flooding events , and removal of debris from road closure events. On average, it takes a crew of five (5) maintenance workers six (6) hours to clear and re-open a road. With the purchase of the Motor Grader, staff anticipates it will take a crew of two as little as two (2) hours to clear and re- open a road.
Due to weather conditions during the 2022 calendar year , Indian Canyon Drive, Gene Autry Trail, Vista Chino, and Araby Trail have been closed 38 times with an average of 76 days of closures in total. The total labor spent opening the roads equates to 266 hours, Item 1K - Page 1
City Council Staff Report
July 24, 2023 -- Page 2
Authorize Purchase of Motor Grader
of which most have been overtime, partly due to not having the appropriate equipment needed to clear roads.
STAFF ANALYSIS:
Staff has initiated this purchase through Sourcewell ’s national cooperative purchasing program under the Quinn Company awarded contract #011723-CAT for the procurement of heavy construction equipment with related attachments and technology . This cooperative contract includes provisions that allow the awarded vendor to extend the same contract pricing to other public agencies. As such, pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize procurement of vehicles and equipment under this pricing afforded through this cooperative contract.
This requested action includes the purchase of one new Caterpillar 120JOY AWD Motor Grader. The equipment to be acquired in this action is a traditional diesel piece of equipment that meets California Air Resources Board standards. The manufacturer does not offer a hybrid engine option and w as selected for their specific performance and operational requirements.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Sectio n 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 2, Community Infrastructure.
FISCAL IMPACT:
Sufficient funds are budgeted in Fiscal Year 2023-24 in Fleet Account 5106560-60020.
Item 1K - Page 2
City Council Staff Report
July 24, 2023 -- Page 3
Authorize Purchase of Motor Grader
REVIEWED BY:
Deputy Director of Maintenance and Facilities: Daniel Martinez Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure
B. Quote
Item 1K - Page 3
ATTACHMENT A
Item 1K - Page 4
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Quinn Company
10006 Rose Hills Rd,
City of Industry, CA 90601
California
Parker Quinn
Michelle Locke
Blake Quinn
Spencer Quinn
Item 1K - Page 5
..,,,
..,,, ..,,,
..,,,
..,,,
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Date
Michelle Locke, CFO
7/11/2023
Parker Quinn
50%
Spencer Quinn
50%
Item 1K - Page 6
ATTACHMENT B
Item 1K - Page 7
Quote 167842-01
167842-01
Jun 16, 2023
CITY OF PALM SPRINGS
FLEET OPERATIONS DEPT
425 N CIVIC DRIVE
PALM SPRINGS, California 92262-0331
Sourcewell Member Number ID# 75934
Attention: Daniel Martinez
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
One (1) New Caterpillar Inc. Model: 120JOY AWD Motor Grader including standard and optional equipment as listed below.
STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 60 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Jose Farias
Machine Sales Representative
Phone 760.399.6404
Email [email protected]
Item 1K - Page 8
QUINN mi
-
I • ,,l
•1 i· ·" .,, - ...
•·· -·· N.t~ f;. @).
Quote 167842-01
One (1) New Caterpillar Inc. Model: 120JOY Motor Grader including standard and optional equipment as listed below.
Standard Equipment
POWERTRAIN
Air cleaner, dual stage dry type radial engine derate, and idle control. seal with service indicator through -Optimized VHP Plus messenger and automatic dust ejector -Engine ECO mode
Air-to-air after cooler (ATAAC) -Fuel-water separator
Brakes, oil disc, four-wheel, hydraulic Parking brake, multi-disc, sealed Demand fan, hydraulic and oil cooled
Differential, lock/unlock, auto Priming pump, fuel
Drain, engine oil, ecology Transmission, 8 speed forward and 6 Engine: speed reverse, power shift, direct
-C7.1 diesel, with automatic drive
ELECTRICAL
Alarm, back-up Batteries, maintenance free
Alternator, Electrical system, 24V
OPERATOR ENVIRONMENT
Display, digital speed and gear Ladders, cab, left and right side Gauge, machine level Message operator information display, Gauges (analog) inside the cab meter, hour, digital
(includes fuel, articulation, engine ISO 6394 (70% fan speed) coolant temp, engine RPM, and Throttle control, electronic hydraulic oil temp)
SAFETY AND SECURITY
Clutch, circle drive slip Ground level engine shutdown
Doors, engine compartment, Seat belt, retractable 76.2 (3'')
TIRES, RIMS, AND WHEELS
A partial allowance for tires piece rims is included in the base on 254mm x 609mm (10''x24'') multi- machine weight and price
OTHER STANDARD EQUIPMENT
CD ROM parts book transmission, coolant, fuel
Doors, service compartment, Tool box
locking Fuel tank, 225 liters (59 gallon)
SOS ports, engine, hydraulic, Radiator, cleanout access
Item 1K - Page 9
Quote 167842-01
MACHINE SPECIFICATIONS
120 14B AWD MOTOR GRADER 460-7652
LANE 3 ORDER 0P-9003
GLOBAL ARRANGEMENT, JOY 561-6489
MOLDBOARD, 12' PLUS
Moldboard 12” x 24” x7/8” (3658 x 610 x 22mm) with hydraulic side shift and 5/8" (15.89mm) end bits. g edge. 436-3473
WEATHER, STANDARD AWD
Recommended for year around use when typical ambient temperature range Batteries, Heavy Duty - 1125 CCA
Oil, Hydraulic, 10W
467-7403
NO ACCUMULATORS, JOY 517-0699
DRAWBAR,TOP ADJUST,HYDTIP,JOY 462-6536
ENGINE, STAGE V AND T4 FINAL
Dedicated to highly regulated countries (HRC)
Meets EU Stage V, and U.S. EPA Tier 4 Final emission standards Caterpillar C7.1 ACERT turbo charged
590-7345
DRAIN, GRAVITY, ENGINE OIL 422-6603
BASE + 3 (FL, DA1, RIP) JOY
Front Blade Lift, Dozer Angle, and Ripper function. Includes the Front Blade Lift, and Ripper lines. 467-7435
LIGHTS,BRAKE&BKP,TURN,LED
Provides stationary rear brake lights along with the back-up lights. Includes turn signals. 563-2423
STARTER, STANDARD DUTY
Recommended for year around use when typical ambient temperature range 462-6512
JUMP START STUDS
Traditional jump start studs used with alligator clamp style jumper cables. 506-4262 ALTERNATOR, 145 AMP 438-5768
CAB, ROPS, PLUS, JOY, AWD
INCLUDES:
- Enclosed ROPS - Wiper/washer, front and doors - HVAC, Auto temperature and blower control - Power ports, 12V (x2), 5V USB 466-1367
SEAT, PREMIUM, SUSPENSION,JOY
INCLUDES:
- Air suspension, Adjustable damper
- Leather Cushion, Adjustable angle and depth, Heated and cooled - Power adjustable cushion bolsters and lumbar support
511-5313
SEAT BELT, W/ INDICATION 485-3445
COMFORT PACKAGE, PREMIUM, JOY
INCLUDES:
Shades, rear
Fan, defrost, x1
premium corp radio (12V)
Mirrors, B-post, x2
CB Mounting Bracket
466-1360
GLOVE BOX, CAB 435-5797
PRODUCT LINK, CELLULAR PLE742 471-5509
NO GRADE CONTROL TECHNOLOGY 543-0221
JOYSTICK CONTROLS, BASIC 466-1315
CONTROL,AUTO ARTICULATION-DEMO 575-2980
GROUND LEVEL, FUELING 577-8014
FUEL FILTER, NEXT GEN 574-8803
FAN, STANDARD TND 575-7683
FAN, STANDARD AWD 575-7685
TIRES 14.00R24 MA MS202 * MP 578-9461
REAR PANEL W/O ACCESS DOOR 518-1195
RIPPER
Hydraulic, rear mounted ripper with three straight ripper shanks. Can accommodate two additional ripper shanks which must be ordered separately.
456-5359
FUEL ANTIFREEZE, -25C (-13F) 0P-3978
SERIALIZED TECHNICAL MEDIA KIT 421-8926
Item 1K - Page 10
I I J
~
Quote 167842-01
CAMERA, REAR VISION, JOY
Provides a 115 degree color camera mounted on the rear of the hood that is connected to a 7 inch (178mm) LCD color display mounted in the cab which shows the view behind the machine.
467-7439
SECURITY SYSTEM, MACHINE,JOY 466-1326
GUARD, BOTTOM 453-4972
GUARD, DEBRIS 565-1088
PLATE, LICENSE 454-3222
LIFT GROUP, MANUAL 1.5'' ANSI
Front hydraulic lift without any work tool attached.at the same time as the mounting for the mid-mount scarifier, but not the actual scarifier itself).
605-2095
LIFT GROUP, FRONT MOUNTING 582-3401
BROOM, HYD. ANGLE, BA30, 24V
Excluding hook group, 915mm (36") brush diameter
Hydraulic angling 30degree left/right of center using 24V Divert Valve Sweeping width straight -- max angled: 3000mm (118")-- 2600mm(102") Brush material - 50% Polypropylene / 50% Steel Wire
600-8983
KIT, BROOM, ELEC, SWL G/H + MG 173-2190
HOOK, BA30 BROOM, 1.5HPL 548-8592
WARRANTY & COVERAGE
Standard Warranty: 12 MONTHS FULL MACHINE
SELL PRICE $679,026.56
SOURCEWELL DISCOUNT (34%) ($230,869.03)
PRICE BALANCE $448,157.53
Extended Warranty 36M/1500HR $2,700.00
CVA Service Agreement oil changes 36M/1500HR $15,200.00 Freight, Prep and Del $5,500.00
NET BALANCE DUE $471,557.53
TIRE FEE $10.50
SALES TAX (9.25%) $43,619.07
AFTER TAX BALANCE $515,187.10
2023 Sourcewell Contract#032119-Cat
INCLUDES FOLLOWING SERVICE WITH PUCHASE
• 36 Months / 1500 Hours Full Machine Warranty
• 36 Months / 1500 Hours CSA Preventative maintenance (Filters, Oil changes etc. will be covered first 3years or 3000hrs) • 36 Months Vision Link Online Access – (Equipment Management which allows you to track hours, location, idle time, asset status and fault codes.)
• Free Training by Certified Demo Operator: (will take 2-3 hours when machine arrives to go over all functions and features as well as daily inspections)
• Service & Parts (Online Access)
• Free Delivery to City of Palm Spring Location
Accepted by___________________________________ on ____________________
______________________________
Signature
Item 1K - Page 11
I
I
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT NO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
RECOMMENDATION:
Approve Amendment No. 1 to Professional Services Agreement No. A7184 with RS&H for a 3-year term.
1. Authorize the City Manager or designee to execute all necessary documents.2.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: JU LY 24, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A714 8 FOR ON -CALL AVIATION CONSULTING
SERVICES WITH RS&H CALIFORNIA , INC. AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This item will approve Amendment No. 1 to Professional Services Agreement No. A7148 with RS&H California, Inc. ( RS&H) for on-call aviation consulting servic es at the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Amendment No. 1 to Professional Services Agreement No. A718 4 with RS&H for a 3-year term (Attachment A).
2. A uthorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure Form ( Attachment B) submitted on July 6, 2023, RS&H California, Inc. is a California corporation registered to do business in California.
BACKGROUND:
On May 2, 2018, the City Council held a public hearing and approved Professional Services Agreement No. A7148 with RS&H, California, Inc. for on-call aviation consulting services associated with the Palm Springs International Air port Capital Improvement Program, for a term of five years. The original agreement with RS&H was intended to support various aspects of the Airport Capital Improvement Program which included independent fee estimation (IFE) for program development of other professional service contracts and bid documents and specifications for other airfield equipment such as runway sweeper, friction testing equipment, and wildlife hazard program.
Item 1L - Page 1
City Council Staff Report
July 24, 2023-- Page 2
Amendment to Agreement No. A7148 with RS&H California, Inc.
Professional Services Agreement No. A7148 with RS&H expires on July 30, 2023, and staff recommends the extension of the contract to complete the existing task orders in the amount of $1,011,802 until a new on- call request for proposals is publicly bid in the upcoming months.
STAFF ANALYSIS:
The Airport currently has the following task orders that are actively being worked on by RS&H:
• Task Order No. 1 – Provide on-call services to conduct the Airfield Wildlife Hazard Assessment in the amount of $133,892.
• Task Order No. 2 – Provide on-call services to conduct the Hot Spot Study using the FAA guidance in the amount of $179,802.
• Task Order No. 3 – Provide on-call services for the pre- design, design and bid phase services for the rehabilitation of taxiways for the Taxiway Rehabilitation project in the amount of $595,485.
• Task Order No. 4 – Provide on-call services for the completion of a Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Inline Baggage Handling System Improvements Project in the amount of $24,342.
• Task Order No. 5 – Provide on-call services for the completion of two Documented CATEX in complia nce with the NEPA for the Restroom Improvements, Replacement of Escalators and Elevators, and Lot A and Economy Parking Improvements Project in the amount of $59,592.
• Task Order No. 6 – Provide on-call services for the completion of a Simple Written Record CATEX in compliance with the NEPA for the replacement of boilers and chillers in the amount of $4,232.
• Task Order No. 7 – Provide on-call services for the completion of a Documented CATEX in compliance with the NEPA for the Baggage Claim Lobby Expansion Project in the amount of $19,280.
• Task Order No. 8 – Provide on-call services to conduct an IFE at Palm Springs International Airport for Restroom Renovation Design and Abbreviated Construction Administration Services in the amount of $8,004.
• Task Order No. 9 – Provide on-call services to conduct an IFE at Palm Springs International Airport for Lot A, Employee and Economy Parking Environmental Documentation (NEPA & C alifornia Environmental Quality Act) , Design, and Abbreviated Construction Administration Services in the amount of $7,616.
• Task Order No. 10 - Provide on-call services to conduct an IFE at Palm Springs International Airport for Bag Lobby Expansion and Renovation and Abbreviated Construction Administration Services Project in the amount of $9,727.
Item 1L - Page 2
City Council Staff Report
July 24, 2023-- Page 3
Amendment to Agreement No. A7148 with RS&H California, Inc.
Given the expertise and successful collaboration demonstrated by RS&H in the previous contract, it is recommended that their contract be extended to allow RS&H to complete the task orders that are currently in progress . The extension of RS&H’s contract will enable adherence to the overall vision of the Airport’s Capital Improvement Program.
Amendment No. 1 extends the term of the Agreement until the completion of outstanding Task Orders or up to 3 years whichever occurs first (in order to account for any unforeseen delays in the projects).
Aviation staff are currently working with Procurement and Contracting staff to develop a new solicitation for these on call design services. The new contracts res ulting from the new solicitation will be used to perform any new task order work.
Staff recommends approval of Amendment No. 1 to Professional Services Agreement No. A7148 for an additional 3-year term.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 2A, Improve City Facilities.
FISCAL IMPACT
:
Sufficient funds are budgeted and available in the current Fiscal Year 2023- 24 Airport Special Capital Projects Fund 416.
REVIEWED BY:
Department Director: Harry Barrett Jr.
City Attorney: Geremy Holm
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:
A. Amendment No. 1 to Professional Services Agreement No. A7148 B. Public Integrity Disclosure Form
Item 1L - Page 3
ATTACHMENT A
AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT NO. A7148
Item 1L - Page 4
Revised: 2.9.22
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
NO. A7148 BETWEEN THE CITY PALM SPRINGS AND RS&H
CALIFORNIA, INC.
1. Parties and Date.
This Amendment No. 1 to Agreement No. A714 8 (Amendment No. 1) is made and entered into on July 31, 2023, by and between the City of Palm Springs (“City”) and RS&H California, Inc., a California Corporation with its principal place of business at 5901 W. Century Blvd, Suite 1030 Los Angeles, CA 90045 (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled On-Call Aviation Consulting Services dated July 31, 2018 (Agreement) for the purpose of retaining the services of on-call aviation consulting services.
2.2 Recent Purchase Orders & Task Orders. On January 27, 2022, the City au thorized the issuance of three purchase orders: 1) Pre -Design, Design , and Bid P hase Services for the Taxiway Rehabilitation Project; 2) Airfield Hot Spot Study ; and 3) Wildlife Hazard Assessment at the Palm Springs International Airport pursuant to the Agreement.
On February 1, 2023, the City issued a task order for the completion of a Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for t he Inline Baggage Handling System Improvements Project at the Palm Springs International Airport pursuant to the Agreement.
On March 14, 2023, the City issued two task orders: 1) A task orde r for the completion of two Documented Categorical Exclusion ( CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Restroom Improvements, Replacement of Escalators and Elevators, and Lot A and Economy Parking Improvements Project ; and 2) A task order for the completion of a Simple Written Re cord Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the replacement of boilers and chillers at the Palm Springs International Airport pursuant to the Agreement.
On April 5, 2023, the City issued a task o rder for the completion of a Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Baggage Claim Lobby Expansion Project at the Palm Sp rings International Airport pursuant to the Agreement.
On May 3, 2023, the City issued two task orders: 1) A task order to conduct an independent fee estimate (IFE) at Palm Springs International Airport for Restroom Renovation Design and Abbreviated Cons truction Administration Services Project; and 2) A task order to conduct an Item 1L - Page 5
Revised: 2.9.22
independent fee estimate (IFE) at Palm Springs International Airport for Lot A, Employee and Economy Parking Environmental Documentation (NEPA & CEQA), Design, and Abbreviated Construction Administration Services Project pursuant to the Agreement.
On May 31, 2023, the City issued a task order for the provision of on-call services to conduct an independent fee estimate (IFE) at Palm Springs International Airport for Bag Lobby Expan sion and Renovation and Abbreviated Construction Admin istration Services Project pursuant to the Agreement.
2.3 Expiration of Agreement. The Agreement is set to expire on July 30, 2023.
2.4 Amendment. T he City and Consultant now desire to amend the Agreement in order to extend the term for the sole purpose of allowing ongoing projects to be completed.
2.5 Amendment Authority . This Amendment No. 1 is authorized pursuant to Section
10.3 of the Agreement.
3. Terms.
3.1 Section 3.4 Term. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:
“3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect through July 30, 2023. Any extension must be through the mutual written agreement of the Parties.
In the event that there are outstanding Task Orders as of July 30, 2023, this Agreement shall continue in full force and effect for: (1) a period of three years, commencing on July 31, 2023, and ending on July 30, 2026, or (2) the completion of all outstanding Task Orders, whichever occurs earlier.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of Item 1L - Page 6
Revised: 2.9.22
which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1L - Page 7
Revised: 2.9.22
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND RS&H CALIFORNIA, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1L - Page 8
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1L - Page 9
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? ☐ Yes ☐ No
5. Type of Entity
☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Trust ☐ Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Offic er ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Offic er ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
RS&H California, Inc.
369 Pine Street, Suite 610, San Francisco, CA 94104
5901 W. Century Boulevard, Suite 1030, Los Angeles, CA 90045 California
X
See Attachment "A"
Item 1L - Page 10
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe
[name of owner/investor]
50%, ABC Company, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
James W. Hullett, Jr. 100% - RS&H California, Inc.
July 6, 2023
Item 1L - Page 11
ATTACHMENT “A”
RS&H CALIFORNIA, INC.
Public En�ty Disclosure/Applicant Disclosure Form
Ques�on 6 – Officers/Directors
Joseph P . Jackson President, Director
James W. Hullet, Jr Vice President, Director
Jesse J. Forst Vice President
David J. Full Vice President, Corp. Sec.
Douglas D. Geiger Vice President
Christopher M. Greene Vice President
James W. Hullet, Jr. Vice President
Druce S. Joslin Vice President
Keith M. Nix Vice President
Evan H. Pfahler Vice President, Treasurer
Michael Spitzer Vice President
George N. Tsiouvaras Vice President
Andrew P . Wheeler Vice President
Amy N. Davis Assistant Treasurer
Marlon F. Starr Assistant Corp. Secretary
Cathy G. Scot Assistant Corp. Secretary
Item 1L - Page 12
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
APPROVE AGREEMENT NO. 23B148 WITH WATERLINE TECHNOLOGIES, INC.
FOR POOL CHEMICALS FOR THE PALM SPRINGS SWIM CENTER
RECOMMENDATION:
Approve Contract Services Agreement No. 23B148 with Waterline Technologies, Inc., to provide pool chemicals for the Palm Springs Swim Center for an amount not to exceed $400,000 beginning August 1, 2023, through July 31, 2026, with two one-year extension options at the City’s sole discretion.
1. Authorize the City Manager or designee to execute all necessary documents.2.
Attachments
Item 1M
CITY COUNCIL STAFF REPORT
DATE: JULY 24, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT NO. 23B148 WITH WATERLINE
TECHNOLOGIES, INC. FOR POOL CHEMICALS FOR THE PALM
SPRINGS SWIM CENTER
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:
This action will approve a three-year agreement with two one-year options with Waterline Technologies, Inc., for pool chemicals for the Palm Springs Swim Center in an amount not to exceed $400,000.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 23B148 (Attachment A) with Waterline Technologies, Inc., to provide pool chemicals for the Palm Springs Swim Center for an amount not to exceed $400,000 beginning August 1, 2023 through July 31, 2026, with two one-year extension options at the City’s sole discretion;
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on June 27, 2023, Waterline Technologies, Inc. is registered in the State of California.
BACKGROUND:
The City of Palm Springs maintains a community recreation center that includes a swimming pool for public use. The swimming pool is maintained by utilizing Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals. During the last four -year contract period from 2019- 2023, the swim center has average d approximately 5,260 gallons of Hydrochloric Acid 15% and 24,750 gallons of Sodium Hypochlorite 12.5% per year, for a contract amount of $278,091.51. The City has its own chemical tanks and requires an Item 1M - Page 1
City Council Staff Report
July 24, 2023 -- Page 2
Award of Pool Chemicals Contract
outside contractor to provide the necessary chemicals to maintain the proper pH balance of its public swimming pool.
STAFF ANALYSIS:
T
he contract with Waterline Technologies, Inc. is an on-call, as needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and may therefore not match the bid amounts.
A
n Invitation for Bids (IFB 23-31) was initiated by the City’s Procurement and Contracting Department on June 6, 2023, based on Maintenance and Facilities specifi cations. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Two bids were received by the June 27, 2023, deadline as follows:
Vendor Bid
Waterline Technologies, Inc. – Palm Desert
(Headquartered in Santa Ana, CA) $317,539.80
HASA Inc. – Saugus, CA $319,209.30
T
he contract is for three years with two optional one-year renewals and the unit pricing is fixed for the first year and subject to a CPI increase in the following years. Staff recommends approval of a Contract Services Agreement 23B148 with Waterline Technologies, Inc., for a three-year term in the amount not to exceed $400,000 effective August 1, 2023 through July 31, 2026, with two one- year extension options at the City’s sole discretion.
E
NVIRONMENTAL ASSESSMENT:
T
he requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
A
pproval of this action supports City Council priority 2, Community Infrastructure.
Item 1M - Page 2
City Council Staff Report
July 24, 2023 -- Page 3
Award of Pool Chemicals Contract
FISCAL IMPACT:
Sufficient funds are budgeted and available in Fiscal Year 2023- 24 and 2024- 25 Park Maintenance Account 1006540-40105.
REVIEWED BY:
Assistant Director of Maintenance and Facilities: Heather MacPherson Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement No. 23B148
B. Public Integrity Disclosure
Item 1M - Page 3
ATTACHMENT A
Item 1M - Page 4
Revised 4.13.23 Page 1 of 20
CONTRACT SERVICES AGREEMENT 23B148
POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on ___________________, by and between the City of Palm Springs , a California charter city and munici pal co rporation (“City”), and WATERLINE TECHNOLOGIES, INC. , a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm to provide the City with pool chemicals for the Palm Springs Swim Center on an as needed monthly basis, (“Project”).
B. Contractor has submitted to City a proposal to provide pool chemicals for the Palm Springs Swim Center, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level o f care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law . Contract or sha ll comply with all applicable federal, state, and local laws, statutes and ordinances and all law ful orders, rules, and re gulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
Item 1M - Page 5
Revised 4.13.23 Page 2 of 20
1.3 Licenses and Permits . Contractor shall obtain at its so le cost and expense such licenses, permits, and approvals as may be required by law for the performance of the S ervices required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the P arty responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $400,000.00.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by Ci ty’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes . In the event any change or changes in the Services is reque sted by City, Parties shall execute a written amendment to this Agreement, 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 docum ents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
Item 1M - Page 6
Revised 4.13.23 Page 3 of 20
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 S chedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of perform ance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of S ervices to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other a cts of a public enemy; ( 3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the W ork); and (4) pandemics, epidemics or quarantine restr ictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, rules to protect the public health, welfare and safety, and other actions of the City in its capac ity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the S ervices for the period of the enforced delay when and if , in the Co ntract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwit hstanding the foregoi ng, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of three years , commencing on August 1, 2023, and ending on July 31, 2026, unless extended by mutual written agreement of the Parties. In addition, the term may be extended a t the sole discretion of the City upon written notice to the Contractor for two (2) additional one (1) year terms.
4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of terminati on, Contractor shall immediately ce ase all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all S ervices rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed S ervices and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor , who shall be liable for the full cost of the City's c orrective action.
Item 1M - Page 7
Revised 4.13.23 Page 4 of 20
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: Thomas Berrey (name), General Manager (title). It is expressly understood that the experience, knowledge, educati on, 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 S ervices under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall b e the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any decisions that must be made by City to the 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 Contract or, it s pr incipals an d employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any S ervices required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all pr ovisions sti pulated i n this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its 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 o f City and s hall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor ’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers ’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
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Revised 4.13.23 Page 5 of 20
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of th e 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.
N ame: Title:
Thomas Berrey G eneral Manager
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if t he 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, inde mnify 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 mandator y upo n t he Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” p roject 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 Contracto r 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
Contrac tor 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 s hall 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 1M - Page 9
Revised 4.13.23 Page 6 of 20
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 injur ies to or d eath of p ersons (Cont ractor’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 will ful 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 Contract or’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 lim ited 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 S ervices required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expense s, and e xpenditures pertainin g in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The C ontract 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, specifi cations, reports, rec ords, 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 1M - Page 10
Revised 4.13.23 Page 7 of 20
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 busin ess 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, docum ents, and activities dir ectly 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 inte rpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Super ior Cour t of the County of Ri verside, 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 Agreem ent shall be cons trued as a w hole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver . No delay or omission in the exerc ise of a ny 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 re spect to rights a nd remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either P arty of one or more of such rights or remedies Item 1M - Page 11
Revised 4.13.23 Page 8 of 20
shall not preclude the exercise by it, at the s ame or d ifferent times, of an y 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 P arty may take legal action, in law or in equity, to cure, correct , or remedy any default, to re cover 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 th e event any dispute between t he 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 Cit y or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any dir ect or indirect financial i nterest 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 dis criminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or et hnicity), 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 1M - Page 12
Revised 4.13.23 Page 9 of 20
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 personall y or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Waterline Technologies, Inc.
Attention: Thomas Berrey
620 Santiago Street
Santa Ana, CA 92701
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever p ossible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, whi ch 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 expressl y 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 1M - Page 13
Revised 4.13.23 Page 10 of 20
11.8 Authority. T he persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.10 Compliance with Economic Sanctions in R esponse to Russia's Actio ns in Ukraine. When funding for the services is provided, in whole or i n par t, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C ” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
Item 1M - Page 14
Revised 4.13.23 Page 11 of 20
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND WATERLINE TECHNOLOGIES, INC.
IN WITNESS WHEREOF, t he Parties have executed this Agreement as of the dates st ated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ___________________ Item No. ____________
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1M - Page 15
Revised 4.13.23 Page 12 of 20
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1M - Page 16
Revised 4.13.23 Page 13 of 20
1.1 Background:
The City of Palm Springs maintains a community recreation center that includes a swimming pool for public use. The swimming pool is maintained by utilizing Hydrochloric Acid 15% and Sodium Hypochlorite 12.5 % chemicals. During the last four (4) year contract 2019-2023, the swim center has average approximately 5,260 gallons of Hydrochloric Acid 15% and 24,750 gallons of Sodium Hypochlorite 12.5% per year. The City has its own chemical tanks and requires an outside contractor t o provide the necessary chemicals to maintain the proper PH balance of its public swimming pool.
1.2 Scope:
A. The scope of work consists of the Contractor supplying and delivering Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals on a monthly basis to the Palm Springs Swim Center, 405 S. Pavilion Way, Palm Springs, CA 92262, in Sunrise Park, on an as needed monthly basis.
B. The Contrac tor shall furnish all chemicals, labor, necessary equipment, and any tools required to per form the services to deliver said pool chemicals as set forth in this specification and in keeping with the highest standards of quality and performance.
C. The City has 1000 Gallon Opaque HDPE Heavy Duty Double Wall Storage tank to store the 12.5% Sodium Hypochlorite and a 500 Gallon HDPE Heavy Duty Double Wall Storage tank to store the 15% Hydrochloric Acid (See Attachment “A-1” for tank specifications). The current tanks are stored outside in an enclosed block wall space with a semi enclosed canvas covering (See Att achment “A-2” for photographs of enclosed space and conditions). Tanks have fill line with a camlock connection and level indicators.
D. Work will be executed under the direction of the Parks Maintenance Supervisor on weekly basis depending on the quantities needed for each delivery.
E. The City has provided estimated quantities. The City cannot guarantee a minimum usage. Actual usage may be substan tially higher or lower based on the swim center usage.
F. Deliv
eries shall be F.O.B. destination, with no added charges (e.g. delivery, expedite, environmental, overnight, fuel surcharge, etc.).
G. Handling and delivery of all materials must comply with all local, State and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing.
H. Distinguishable uniforms must be worn at all times, with company name clearly displayed, while on City sites
1.3 Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. The unit prices may be adjusted (decreased or increased) once a year to correspond with th e most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside- San Bernardino-Ontario Areas.
3. The City will only pay for the item s listed on the bid form . Contractor mus t incorporate all of its costs in its unit bid prices, including but not limited to applicable tax, labor, supervision, project management, overhead, profit, onboarding training, Item 1M - Page 17
Revised 4.13.23 Page 14 of 20
travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authori zed payment of the applicable items.
1.4 Payment:
The resulting contract for these services is an on- call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract w ill be compensated on a time and material basis as outlined in the Invoicing Section.
1.5 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) pric e. Contractor wi ll be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with inc orrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected] .
Item 1M - Page 18
Revised 4.13.23 Page 15 of 20
ATTACHMENT G
BID FORM
INVITATION FOR BIDS (IFB 23-31)
POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER
R""ronnino to thi~ IFR for pool r.hemir;al~ for P;alm Spring~ Swim r_,,nl<>r. th<> und.,..,:ign<>ci birlrler proposes and agrees to provide the services and work in accordance with the specifications.
Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and sefVice necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the bebw unit costs.
UNIT PRICE
ITEM DESCRIPTION UNIT ESTIMATED (incluctes SUBTOTAL QUANTITY applicable taxi
1 Hydrochloric Acid 15% Gallon 15,780 $5.16 $81,424.80
2 Sodium Hypochlorite 12.5% Gallon 74,250 $3.18 S236,1 15.00 TOTAL (Enter this amount in PlanetBids) S317,539.80
Certified by: Tl IUlll<IS Bell ey GM
Firm Name: Wate~ine Technologies Inc.
Signature of Authorized Person: ___ 7M __ h144, __ ,e __ f3'_~_ -,,,... ____ _ Printed Name: __ Th_ o_m_a_s_B_e_rr_e_y_G_M ____________ _ Title: General Manager
Date: 06/21/2023
Pag e 1 of 1
Item 1M - Page 19
Revised 4.13.23 Page 16 of 20
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 1M - Page 20
Revised 4.13.23 Page 17 of 20
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and propert y damage insurance against all claims for inju ries agains t persons or damages to propert y resulting from Contra ctor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its e xecution of this Agreement .
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , incl uding any e xtensions. Such insurance shall not be c ancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance eviden cing the foregoing and designating the City, its elected officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the d elivery of policies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. M inimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:
1. Comprehe nsive 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 d ollars ($1,000,000.00) per occurrence and two million dol lars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contr actor’s insurance coverage shall be primar y with res pect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all right s of subrogation and Item 1M - Page 21
Revised 4.13.23 Page 18 of 20
contribution it may have again st City, i ts elected officials, offic ers, employees, agents, and volunteers.
4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made withi n three years of the completion of Contractor ’s services u nder this Agreement, or (2) t o maintain professional liability insurance co verage with the same carrier in the amount required by this Agree ment for at least three years after completion of Contract or’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 b oth certificates of insurance and endorsements, inc luding additional insured endorsement s, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. Cit y reserves the right to require Contractor’s insurers to p rovide complete, certified copies of all required insuranc e policies at any time. Addi tional insured endorsements are not required f or Errors a nd O missions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an approved Additiona l Insured Endorsement w ith the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contrac t No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This in surance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. " Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the C ertificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is no t acceptable and must be crossed out.
Item 1M - Page 22
Revised 4.13.23 Page 19 of 20
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 sh all 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 insura nce 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 wai ve 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 volunt eers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and def ense expenses.
Certificates of Insurance m ust include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.
8. Severability of Interests (Separat ion of Insu reds). This insurance applies separately to each insured against whom claim is made or suit is brought except w ith respect to the limits of the insurer’s liability.
Item 1M - Page 23
Revised 4.13.23 Page 20 of 20
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N -6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanct ions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1M - Page 24
ATTACHMENT B
Item 1M - Page 25
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Membe rs, Managers, Trus tees, Other F iduciaries (pl ease specify) Note: If any response is not a natural person, pl ease identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
Waterline Technologies Inc.
620 Santiago Street Santa Ana, CA 92701
42-570 Melanie Place Palm Desert, CA 92211
California
Thomas Berrey
Myha Vu
Item 1M - Page 26
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
E.
[name of owner/investor]
[percentage of benefi cial in terest in entity
and name of entity]
I DECLAR E UNDER PENALTY OF PERJURY U NDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Date
Thomas R Berrey, GM
06/19/2023
Item 1M - Page 27
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE
UNFUNDED ACCRUED LIABILITY (UAL)
RECOMMENDATION:
Receive and file.
Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE:
JULY 24, 2023 CONSENT CALENDAR
SUBJECT: EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS
RETIREE UNFUNDED ACCRUED LIABILITY (UAL)
FROM: Scott C. Stiles, City Manager
BY: D epart
ment of Finance and Treasury
SUMMARY:
The Ci
ty of Palm Springs makes payments to CalPERS annually toward the Unfunded Accrued Liability (UAL). CalPERS allows municipalities an option to make a discounted, lump sum payment instead of making the traditional twelve (12) monthly payments. By electing to make a lump sum payment of $13.9 million by July 31, the Acting Director of Finance and Treasury estimates the savings of approximately $466,200.
RECOMMENDATION:
Recei
ve and file.
STAFF ANALYSIS:
CalP
ERS employer contributions is the sum of the Normal Cost Rate and the Employer Unfunded Accrued Liability Contribution. These amounts are determined through an Actuarial Valuation managed by CalPERS. The City is invoiced by CalPERS and given the option to make 12 monthly payments, or to make one lump sum payment by July 31.
Net savings of approximately $466 ,200 is expected in Fiscal Year 2023- 34. Prior year savings by making this lump sum payment was approximately $513 ,100 and the total lump sum payment was $14.9 million.
The Acting Director of Finance and Treasur y is recommending making the lump sum payment of $13.9 million, for a savings of $466,200.
ALIGNMENT WITH STRATEGIC PLANNING:
This
item aligns with the City Council major theme/princip le of Forward- Thinking Governance.
Item 1N - Page 1
City Council Staff Report
July 24, 2023 -- Page 2
CalPERS Lump Sum Payment
FISCAL IMPACT:
The early lump sum annual payment of $13 .9 million has been budgeted throughout the appropriate City Funds.
REVIEWED BY:
Acting Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
None.
Item 1N - Page 2
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
APPROVE A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF
PALM SPRINGS FOR DESIGN AND ENGINEERING SERVICES RELATED TO THE
INDIAN CANYON DRIVE FLOOD AND BLOWSAND IMPROVEMENTS
RECOMMENDATION:
Approve a Reimbursement Agreement for an agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments for the design and engineering services of the Indian Canyon Drive flood and blow sand improvements.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1O
CITY COUNCIL STAFF REPORT
DATE: JULY 24, 2023 CONSENT CALENDAR
SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE
CITY OF PALM SPRINGS FOR DESIGN AND ENGINEERING SERVICES
RELATED TO THE INDIAN CANYON DRIVE FLOOD AND BLOWSAND
IMPROVEMENTS
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
This action will approve a reimbursement agreement between the City of Palm Springs (City) and the Coachella Valley Association of Governments (CVAG) for design services of the Indian Canyon Drive flood and blow sand improvements (the “Project”). CVAG has prepared, and its Executive Committee has approved, the reimbursement agreement for the Project.
RECOMMENDATION:
1. Approve Reimbursement Agreement No. , an agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments for the design and engineering services of the Indian Canyon Drive flood and blow sand improvements.
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
Indian Canyon Drive experiences flooding and blow sand in the roadways impacting residents, visitors, commuters, and emergency services. Plans to build an all -weather crossing on Indian Canyon Drive have been proposed for many years but the cost has been an insurmountable obstacle. CVAG has undertaken a regional approach to address flooding and blow sand closures of area roadways. In 2019, CVAG hired Michael Baker International to study and develop cost effective alternatives to address the flooding and blow sand closures in the region.
Item 1O - Page 1
City Council Staff Report
July 24, 2023 -- Page 2
CVAG Reimbursement Agreement
Item 1O - Page 2
In December of 2020, the CVAG Executive Committee reviewed the findings presented by Micha el Baker International. CVAG Staff coordinated with Staff from the City of Cathedral City and the City o f Palm Springs to develop a scope of work for design purposes. In April of 2021, the Executive Committee prioritized Indian Canyon Drive, Varner Road, and Date Palm Drive as the first phase of projects to be designed, funded, and constructed.
S
TAFF ANALYSIS:
On September 26, 2022, the Executive Committee approved a Professional Services Agreement with Michael Baker International for design, environmental, and engineering services for P hase
One of the blow sand projects. At the same meeting, the Executiv e Committee approved reimbursement agreements between CVAG, the City of Cathedral City, and the City of Palm Springs. The CVAG Staff Report that approves the Michae l Baker International agreement, and the City reimbursement agreements can be found at the following link:
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=1355007&dbid=0&repo=CityHall-Primary In late 2022, CVAG routed the reimbursement agreement for City Council approval (Attachment A). However, Staff did not bring the agreement forward as no funding had been set aside to reimburse CVAG. On June 29, 2023, the City Council approved the Fiscal Year 23-24 and 24-25 budget that included funding to reimburse CVAG.
Staff continues to participate in meetings with the design team and provid e input where necessary. Staff has reviewed the reimbursement agreement and recommends approval.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines , the requested City Council action is not a “Project” pur suant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.
ALIGNMENT WITH STRATEGIC PLANNING:
This project aligns with City Council Priority 2B – identify high-priority facilities.
FISCAL IMPACT:
Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying t wenty-five percent (25%) of project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for seventy-five percent (75%) of eligible project costs (the
Regional Share). The estimated design and engineering cost of the Project is City Council Staff Report
July 24, 2023 -- Page 3
CVAG Reimbursement Agreement
$2,695,490.73. The City’s share of the Project cost is not-to-exceed $673,872.68, which is 25% of the anticipated Regional Share of the Project costs.
Funding to reimburse CVAG has been approved in the FY 23/24 budget using Measure “A” local funds.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. CVAG PS Reimbursement Agreement
Item 1O - Page 3
Attachment A
Item 1O - Page 4
CVAG-22-024
AGENCY REIMBURSEMENT AGREEMENT
BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS
THIS AGREEMENT is made and entered into this 26th day of September 2022, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:
RECITALS
The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance . This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and,
Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to con struct such projects; and,
CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and,
CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee “TUMF” Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and,
Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), a s well as any ineligible project costs, and CVAG will be responsible for Seventy -five Percent (75%) of eligible Project costs (the Regional Share). Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road. The estimated design and engineering cost of the Project is $2,695,490.73. City’s share of the project cost is not-to-exceed $673,872.68 being 25% of the anticipated Regional Share of the Project costs.
NOW, THEREFORE , in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows:
1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arte rial projects that have heretofore Item 1O - Page 5
CVAG-22-024
been identified in CVAG ’s Transportation Project Prioritization Study or specifically authorized by CVAG’s Executive Committee . The Project was specifically approved by CVAG’s Executive Committee as consistent with the TP PS on 30 September 2019 and is therefore eligible.
2. At the December 7, 2020, meeting, the CVAG Executive Committee considered the findings from the “Flood and Blowsand Risk Assessment and Improvement Plan for the Western Coachella Valley.” The Flood and B lowsand assessment prioritized projects that would best fit the needs of the Western Coachella Valley during a flooding or emergency event . CVAG Transportation and Executive Committees in April 2021 prioritized improvements on North Indian Canyon Road (from Sunrise Parkway to Palm Station Road).
2. The Project is generally described as and consists of the following :
Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road Project. These services will hereinafter be referred to as the "Project".
3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof . The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include amount CVAG shall pay to outside consultants in connection with the Project. The amount of the Jurisdiction One-Quarter and the CVAG Three-Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6.
4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $2,695,490.73, CVAG’ Regional Share will equal $2,021,618.05 and City of Palm Springs Local Share shall be $673,872.68.
5. Agency agrees to Pay reimbursement for its proportional share of only those costs which are eligible for reimbursement to CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended.
6. CVAG shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, CVAG shall submit invoices to Agency requesting reimbursement of the proportionate share of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed consultants’ invoices, or other demands for payment addressed to CVAG, and documents evidencing CVAG’s payment of the invoices or demands for payment . CVAG shall also submit a Project Completion Report, in a form acceptable to Agency.
Item 1O - Page 6
CVAG-22-024
6.1 Upon receipt of an invoice from CVAG, Agency may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by Agency to CVAG within thirty (30) days.
6.2 If a post-payment audit or review indicates that Agency has Provided reimbursement to CVAG in an amount in excess of its proportionate share of eligible costs, or has provided reimbursement of ineligible Project costs, CVAG shall reimburse Agency for the excess or ineligible payments within thirty (30) days of notification by Agency.
7. Prior to any final payment to CVAG by Agency, a final report shall be submitted to Agency by CVAG containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and othe r expenses incurred . Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility.
8. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit “A,” an increase of any costs over those shown in Exhibit “B,” or other changes in the Scope of Work are proposed, CVAG and Agency will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non - substantive changes may be made to this agreement subject to CVAG’s General Counsel’s approval.
9. CVAG shall maintain an accounting of all funds received from Agency pursuant to this Agreement in accordance with generally accepted accounting principles.
CVAG agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the CVAG on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. CVAG shall permit Agency, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project.
Agency shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection.
10. The occurrence of any one or more of the following events shall, at CVAG’s option, constitute an event of default and CVAG shall provide Agency with immediate notice thereof.
11.1 Any warranty, representation, statement, report, or certificate made or delivered to Agency by CVAG or any of CVAG’s officers, employees, or agents Item 1O - Page 7
CVAG-22-024
now or hereafter which is incorrect, false, untrue, or misleading in any material respect.
11.2 CVAG shall fail to pay, perform, or comply with, or otherwise shall breach, any obligation, wa rranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or,
11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors.
11. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated.
Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act.
12. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall hav e any right of action under this Agreement.
13. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure “A”/TUMF funds . All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure “A”/TUMF funds.
14. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute Agency as a party to the construction or in ownership or a partner or joint ventures with CVAG as to the Project . The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement.
Item 1O - Page 8
CVAG-22-024
15. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executiv e Director or designee, who may consider any written or verbal evidence submitted by Agency . This decision shall be issued in writing . However, no action in accordance with this Section shall in any way limit either party’s rights or remedies through actio ns in a court of law with appropriate jurisdiction . Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement.
16. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation’s policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs .
Except to the extent that such or other contrary federal regulations may apply, Age ncy covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin o r ancestry in the performance of this Agreement.
17. CVAG warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state, and federal rules, regulations, and laws.
18. This Agreement may not be assigned without the express written consent of Agency first being obtained.
19. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement.
20. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement.
21. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure “A” monies.
22. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest Item 1O - Page 9
CVAG-22-024
of any corporation, partnership or association in which she or he is, dire ctly or indirectly, interested, in violation of any state, federal or local law.
23. CVAG warrants that the funds received by Agency pursuant to this Agreement shall only be used in a manner consistent with CVAG’s reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement.
24. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers:
If to City of Palm Springs: Joel Montalvo, City Engineer City of Palm Springs
3200 East Taquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 322-8339
If to CVAG: CVAG
Jonathan Hoy
Director of Transportation
73-710 Fred Waring Drive
Palm Desert, CA 92260
Telephone: (760) 346-1127
Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicat ed on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.
25. This Agreement and the exhibits herein contain the entire agreement between the parties and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void.
26. If any term, provision, condition, or covenant of this Agreement, or the Item 1O - Page 10
CVAG-22-024
application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
27. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other a ction arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys’ fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.
28. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element.
29. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California . Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California.
30. CVAG warrants that the execution, delivery, and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority.
31. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.
Item 1O - Page 11
CVAG-22-024
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date:
ATTEST: CITY OF PALM SPRINGS
By: ________________________________ By: _____________________________ Scott Stiles, City Manager Grace Elena Garner, Mayor
ATTEST: CVAG
By: _______________________________ By: _____________________________ Tom Kirk, Executive Director Steven Hernandez, Chair
Item 1O - Page 12
CVAG-22-024
EXHIBIT "A"
AGENCY REIMBURSEMENT AGREEMENT
BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS
SCOPE OF SERVICES
The Scope of Services for this Project includes:
Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road.
See attached scope document from Michael Baker International
Item 1O - Page 13
CVAG-22-024
EXHIBIT "B"
AGENCY REIMBURSEMENT AGREEMENT
BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS
COST ESTIMATES
FOR
Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road.
The total estimated cost of the Project is $2,695,490.73. CVAG agrees to pay 75% of the qualified project costs estimated as not-to-exceed $2,021,618.05.
The City of Palm Springs agrees to pay no more than $673,872.68, which represents 25% of the qualified project costs beginning October 1, 2022. Payments may be billed retroactively for services rendered, properly invoiced, and paid by CVAG.
See attached cost document from Michael Baker International
Item 1O - Page 14
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
APPROVE AGREEMENT WITH EBSCO PUBLISHING FOR FIVE YEARS OF
ACCESS TO ELECTRONIC MAGAZINE AND NEWSPAPER ARTICLES
RECOMMENDATION:
Approve a five-year agreement with EBSCO in the amount of $57,921 for cataloging, metadata, and interlibrary loan services.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1P
CITY COUNCIL STAFF REPORT
D
ATE: JULY 24, 2023 CONSENT CALENDAR
SU
BJECT: APPROVE AGREEMENT WITH EBSCO PUBLISHING FOR FIVE YEARS
OF ACCESS TO ELECTRONIC MAGAZINE AND NEWSPAPER
ARTICLES
F
ROM: Scott C. Stiles, City Manager
BY: I
nformation Technology Department
SUMMARY:
T
his action will approve a five-year agreement with EBSCO Publishing (“EBSCO”) for access to electronic magazine and newspaper articles.
RECOMMENDATION:
1. A
pprove a five -year agreement with EBSCO in the amount of $57, 921 (Attachment A) for cataloging, metadata, and interlibrary loan services.
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
T
he Public Integrity Disclosure Form from EBSCO is included as Attachment B.
BACKGROUND:
E
BSCO provides libraries access to electronic magazine and newspaper articles through a database subscription service for library patrons. Palm Springs Public Librar y has subscribed to EBSCO’s products, MasterFILE Premier and Newspaper Source Plus , since 2007 and has spent $172,599. MasterFILE Premier provides full -text magazines, reference books, and primary source documents. It also includes an extensive image collection containing photos, maps, and flags. MasterFILE Premier contains 1,579 full - text magazines and journals and 55,000 full-text primary source documents.
N
ewspaper Source Plus provides a full -text digital collection of the world’s major news content. It includes millions of articles from newspapers and newswires and offers television and radio transcripts and ongoing daily updates from popular news sources.
Newspaper Source Plus contains 1,195 full-text newspapers and 148 full-text newswires.
Library patrons can easily search and retrieve content contained in these databases Item 1P - Page 1
City Council Staff Report
July 24, 2023 - Page 2
Agreement – EBSCO
through EBSCOhost or Explora, EBSCO’s dedicated interface to schools and public libraries. Users can view, save, print, email, or export citations in many formats directly from the database for their homework, research, or lifelong learning.
STAFF ANALYSIS:
Staff desires to continue utilizing these services and would like to enter a five -year agreement for EBSCO to continue to provide these services. This will lock in a 2% escalator per year for the next five years.
A procurement was not required as EBSCO is a sole source provider of these services , which is allowed by Title 7 Section 7.05.020 of the Municipal Code. Therefore, Staff recommends approving a five-year agreement with
EBSCO in the amount of $57,921 for
access to electronic magazine and newspaper articles.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The requested action aligns with the City Council Principle, Forward Thinking Governance.
FISCAL IMPACT
:
Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 50034 and will be budgeted in future fiscal years.
REVIEWED BY:
Department Director: Larry Klingaman
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:
A. Quote
B. Business Disclosure Form
Item 1P - Page 2
ATTACHMENT A
Item 1P - Page 3
Quotation Proposal Provided for:
PALM SPRINGS PUBLIC LIBRARY
Submitted by: EBSCO
Prepared by: LAUREN WEYBURN
Phone: (978) 414-0463
Email: [email protected]
Date of quote: June 27, 2023
Offer Valid for 90 days from date of quote
Item 1P - Page 4
Products
PS PL: Custom 5-Year Database Package with Annual Billing $57,921.00 Term (in months) Price
MasterFILE Reference eBook Subscription-1 60
MasterFILE Premier : HOST 60
Newspaper Source Plus-1 60
Total: $57,921.00
The above excludes all applicable tax
Offer expires September 25, 2023 Currency: USD
Product
Descriptions
MasterFILE Premier
Designed specifically for public libraries, this database provides full-text magazines, reference books and primary source documents.
It also includes an extensive image collection containing photos, maps and flags.
Newspaper Source Plus
Newspaper Source Plus provides a full-text digital collection of the world's major news content. It includes millions of articles from newspapers, newswires and news magazines. In addition, it offers television and radio transcripts and ongoing daily updates from popular news sources.
Additional
Information Annual Price Outline Year 23-24: $11,130 Year 24-25: $11,353 Year 25-26: $11,580 Year 26-27: $11,811 Year 27-28: $12,047 Terms and
Conditions
Prices for EBSCO proprietary databases include unlimited local and remote access (for authorized users of the institution). EBSCO Information Services price quotations are strictly prohibited from being placed on a library's homepage or anywhere else on the World Wide Web. Payment terms net 30 days. Prices are subject to tax, if applicable. EDS pricing is contingent upon the customer supplying catalog data to EBSCO in MARC record format.
(WSR773918)June 27, 2023 Valid through September 25, 2023 Item 1P - Page 5
ATTACHMENT B
Item 1P - Page 6
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
EBSCO Information Services, LLC
2. Address of Entity (Principle Place of Business)
10 Estes St, Ipswich, MA, 01938
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
Delaware
If other than California, is the Entity also registered in California? F Yes F No
5. Type of Entity
F Corporation F Limited Liability Company F Partnership F Trust F Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any re sponse is not a natural person, please iden tify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
Timothy R. Collins
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other President
Allen Powell, Sam Brooks, Alex Saltzman, Bowen Thagard, Patricia Carroll, Mandy Catrett, Heather Moore
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other Vice Presidents
Tyler Novak
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other Secretary
Item 1P - Page 7
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A. EBSCO Industries, Inc., is a private, family-owned
company. The overall beneficial ownership of the
company is with the founding Stephens family, from
Birmingham, Alabama (USA).
Under the rules of attribution, the family owns 99% of the company.
[percentage of beneficial interest in
entity
and name of entity] B.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in
entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
Alex Saltzman, Senior Vice President of Inside Sales, 6/28/2023
Item 1P - Page 8
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
ACCEPTANCE OF INSTALLATION OF A FLASHING BEACON, CITY PROJECT 16-19
RECOMMENDATION:
Accept the public works improvement identified as the installation of a Flashing Beacon, City Project No. 16-19, as completed in accordance with the plans and specifications; and
1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the installation of a Flashing Beacon, City Project No. 16-19.
2. Attachments
Item 1Q
CITY COUNCIL STAFF REPORT
DATE: JULY 24, 2023 CONSENT CALENDAR
SUBJECT: A CCEPTANCE OF INSTALLATION OF A FLASHING BEACON , CITY PROJECT 16-19
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Formal City Council acceptance of the i nstallation of a Flashing Beacon, City Project 16-19 (“Project”), is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.
RECOMMENDATION:
1. Accept the public works improvement identified as i nstallation of a Flashing Beacon, City Project No. 16- 19 (“Project”), as completed in accordance with the plans and specifications; and
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of a Flashing Beacon, City Project No. 16-19.
BACKGROUND:
On July 8 , 2021, the City Council awarded a construction contract in the amount of $317,838 to Elecnor Belco Electric, Inc. for installation of a Flashing Beacon, City Project No. 16-19.
STAFF ANALYSIS:
Construction of the Project began October 2022 and was determined to be substantially complete on May 10, 2023. Throughout construction of the Project, there w ere two contract change orders for a total amount of $15,517.02 as described below.
• Contract Change Order No. 1 (CCO1) in the amount of $8,332.01 was added to facilitate the removal and disposal of all boulders over 3” diameter.
A copy of CCO1 is included as Attachment A.
Item 1Q - Page 1
City Council Staff Report
July 24, 2023 -- Page 2
Acceptance of CP 16-19 Installation of a Flashing Beacon
• C ontract Change Order No. 2 (CCO2) in the amount of $7,185.01 was added for revisions to the wireless radio communications plan, additional mobilization and coordination efforts, wiring, circuit breaker , and unmanaged switches to be installed. A copy of CCO2 is included as Attachment B.
The final construction of the Project increase d by $15,517.02 from the original awarded contract amount of $317,838. This represents a 4.88% net increase to the contract price, within the Council-approved contingency amount.
As determined by City Staff, Elecnor Belco Electric, Inc. satisfactorily completed the Project on May 10, 2023. Staff recommends the City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the C ity Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment C.
ENVIRONMENTAL ASSESSMENT
:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; therefore, the Project is considered categorically exempt from CEQA and Notice of Exemptions have been filed with the Riverside County Clerk.
On November 20, 2019, Caltrans made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by National Environmen tal Policy Act (“NEPA”) and is excluded from the requirements to prepare an EA or EIS and has considered unusual circumstances pursuant to 23 CFR 771.117(b). On the basis of this determination under federal delegation pursuant to pursuant to 23 USC 326, Caltrans has been determined that this Project qualifies for a Categorical Exclusion in accordance with 23 CFR 771.117(c)(8).
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority #2B – 5-year Capital Improvement Plan and will assist in improving the safety of the City’s roadway network.
Item 1Q - Page 2
City Council Staff Report
July 24, 2023 -- Page 3
Acceptance of CP 16-19 Installation of a Flashing Beacon
FISCAL IMPACT:
There are two change orders associated with this Project related to a revision in the project scope for completion . The final construction cost is $ 333,355.02. The City is holding retention funds in the amount of $16, 667.75 for Elecnor Belco Electric, Inc. pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The project account will be closed upon final payment to the contractor.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Change Order 1
B. Change Order 2
C. Notice of Completion
Item 1Q - Page 3
Attachment A
Item 1Q - Page 4
CHANGE ORDER
CEM-4900 (REV 06/2019)
Sheet 1 of 1
Change Requested By: Engineer Contractor
CHANGE ORDER NO.
001
SUPPL. NUMBER
001
CONTRACT NUMBER
City Project No. 16-19
CO-RTE-PM
08-RIV-0-PSP
FEDERAL NUMBER(S)
HSIPL 5282(048)
TO Elecnor Belco Electric
, contractor
You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract. NOTE: This change order is not effective until approved by the engineer.
EXTRA WORK AT FORCE ACCOUNT
As directed by the Engineer and in accordance with Special Provisions Section 2-7 Changes Initiated by the Agency, Section 2-8 Extra Work and Section 2-9.1 Differing Site Conditions, the Contractor shall remove and dispose of all boulders over 3” diam. within the footprint of the CIDH Pile for the CMS at the southwest corner of Salvia Road and Gene Autrey Trail, in the City of Palm Springs. The Contractor shall backfill the excavated area with 1 sack slurry to original ground elevation.
For this work, the Contractor will be paid the sum of $_8,332.01. This sum constitutes full compensation, including markups, for the work of this change.
Estimated Cost …………………………………………………… .$8,332.01
A determination of the delay in completion of the contract due to the work specified by Contract Change Order NO. 001 has been made in accordance with the provisions of Section 6-1.07 of the Standard Specifications.
As a result of this change, the time of completion will be increased by 15 working days.
Estimated Cost : Increase Decrease $
For this order, the time of completion will be adjusted as follows:
SUBMITTED BY
SIGNATURE (PRINT NAME AND TITLE)
Regina Talamantez, PE Resident Engineer
DATE
12-15-22
APPROVAL RECOMMENDED BY
SIGNATURE (PRINT NAME AND TITLE)
Joel Montalvo, City Engineer
DATE
ENGINEER APPROVAL BY
Description of work to be done, estimate of quantities, and prices to be paid. (Segregate between additional work at contract price, agreed price, and force account). Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Item List.
CITY OF PALM SPRINGS DPW
08-RIV-0-PSP
HSIP CYCLE 8 – INSTALLATION OF FLASHING BEACON PROJECT
Federal Project HSIPL 5282(048)
Agency Project 16-19
8,332.01
Item 1Q - Page 5
=-
RTEA
RT Englnc.c.ring & Auo hatc11, Inc.
I 0 1-11-2..3
SIGNATURE (PRINT NAME AND TITLE)
Joel Montalvo, City Engineer
DATE
We, the undersigned contractor, have given careful consideration to the change proposed and agree to provide equipment, furnish materials, and perform the work specified above, and will accept as full payment the prices shown above. NOTE: If you do not sign this order, you are directed to proceed with the ordered work. You may file a Request for Information within the time specified.
CONTRACTOR ACCEPTANCE BY
SIGNATURE (PRINT NAME AND TITLE)
Alberto Gardia, CEO/President
DATE
Item 1Q - Page 6
Attachment B
Item 1Q - Page 7
CHANGE ORDER
CEM-4900 (REV 06/2019)
Sheet
1 of 1
Change Requested By: Engineer Contractor
CHANGE ORDER NO.
002
SUPPL. NUMBER
CONTRACT NUMBER
City Project No. 16-19
CO-RTE-PM
08-RIV-0-PSP
FEDERAL NUMBER(S)
HSIPL 5282(048)
TO Elecnor Belco Electric
, contractor
You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract. NOTE: This change order is not effective until approved by the engineer.
ADJUSTMENT OF COMPENSATION AT AGREED LUMP SUM PRICE
As directed by the Engineer and in accordance with Special Provisions Section 2-7 Changes Initiated by the Agency, the Contractor shall incorporate the revised plan sheets which are attached and identified below:
1. C.P. 16-19, Overhead Flashing Beacon Installation Plan, Sheet 2 of 8, Gene Autry Trail / Salvia Road, Delta 1 revision Wireless Radio at Clubhouse at Vista Chino.
2. C.P. 16-19, Overhead Flashing Beacon Installation Plan, Sheet 8A of 8, Construction Details, Gene Autry Trail / Salvia Road, Delta 2 Additional Sheet.
For this work, the Contractor will be paid the Lump Sum of $7,185.01. This sum constitutes full compensation for all material, labor and equipment required to complete the increased scope of work with revisions to wireless radio communications, wiring, 2 pole circuit breaker, unmanaged switches, including all markups, for the work of this change.
By reason of this change, the time of completion will be adjusted as follows: Extend 72 working days.
Estimated Cost : Increase Decrease $
For this order, the time of completion will be adjusted as follows:
SUBMITTED BY
SIGNATURE (PRINT NAME AND TITLE)
Regina Talamantez, PE Resident Engineer
DATE
06-01-2023
APPROVAL RECOMMENDED BY
SIGNATURE (PRINT NAME AND TITLE)
DATE
ENGINEER APPROVAL BY
SIGNATURE (PRINT NAME AND TITLE)
Joel Montalvo, City Engineer
DATE
We, the undersigned contractor, have given careful consideration to the change proposed and agree to provide equipment, furnish materials, and perform the work specified above, and will accept as full payment the prices shown above. NOTE: If you do not sign this order, you are directed to proceed with the ordered work. You may file a Request for Information within the time specified.
CONTRACTOR ACCEPTANCE BY
SIGNATURE (PRINT NAME AND TITLE)
Alberto Garcia, CEO/President
DATE
Description of work to be done, estimate of quantities, and prices to be paid. (Segregate between additional work at contract price, agreed price, and force account). Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Item List. $ 7,185.01
CITY OF PALM SPRINGS DPW
08-RIV-0-PSP
HSIP CYCLE 8 – INSTALLATION OF FLASHING BEACON PROJECT
Federal Project HSIPL 5282(048)
Agency Project 16-19
Joshua Nickerson, PE, Assistant Project Manager
06-12-2023
Item 1Q - Page 8
=-
RTEA
RT Englnc.c.ring & Auo hatc11, Inc.
I
Attachment C
Item 1Q - Page 9
Name
Street
Address
City &
State
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy , etc.)
2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:
Name Street and No. City State
__________________________________________________________________________________________________________
3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________
4. This notice is given for (check one):
Completion of the work of improvement as a whole.
Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).
5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________
6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________
7. On the ____________ day of ___________, 20___, there was completed upon the herei n described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________
8. The real property herein referred to is situated in the City of __________________________, County of _______________________ _ State of California, and is described as follows:
___________________________________________________________________________________________________________
9. The street address of said property is:
___________________________________________________________________________________________________________
10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:
___________________________________________________________________________________________________________ I certify (or declare) under pe nalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs
Recording Requested By:
When Recorded Mail To:
Item 1Q - Page 10
VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.)
of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.
I dec
lare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on _______________________, _______ (date ), at _______________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
Joel Montalvo/City Engineer
City of Palm Springs
PROOF OF SERVICE DECLARATION
a.
b.
c.
_____________________________________________________________ (Signature of Person Making Service)
STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item 1Q - Page 11
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “MIRALON” DEVELOPMENT, TRACT NO. 31848-1
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A REDUCTION OF
SECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF
IMPROVEMENT ASSOCIATED WITH TRACT MAP 31848-1 REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5393), FOR PROPERTY
LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF
NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.”
1. Authorize the City Manager to execute any necessary documents.2.
Attachments
Item 1R
CITY COUNCIL STAFF REPORT
D
ATE: JULY 24, 2023 CONSENT CALENDAR
SU
BJECT: AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT
SECURITIES FOR THE “MIRALON” DEVELOPMENT, TRACT NO.
31848-1
F
ROM: Scott C. Stiles, City Manager
BY: E
ngineering Services Department
SUMMARY:
T
his action will allow for reductions of subdivision improvement securities associated with Tract Map 31848-1 consistent with the portion of the public improvements completed to date. On February 21, 2018, City Council approved bond reductions on 12 of the 23 bond obligations for the development. The Developer has c ompleted additional significant portions of the required public improvements associated with Tract Map 31848-1 and has requested a reduction of specific subdivision securities.
RECOMMENDATION:
1. A
dopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A REDUCTION OF
SECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF
IMPROVEMENT ASSOCIATED WITH TRACT MAP 31848-1 REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT W ITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5393), FOR PROPERTY
LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF
NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.”
2. A
uthorize the City Manager to execute any necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A
search of records available through the Secretary of State of California shows that Avalon 1150, LLC, a Delaware limited liability company , was registered on January 15, 2016, having been formed on January 13, 2016, in the State of Delaware. A statement of Item 1R - Page 1
City Council Staff Report
July 24, 2023 -- Page 2
TM 31848-1
information filed on December 27, 2017, identifies FCA-SW CA, LLC, a Delaware limited liability company as its Manager or Member.
A search of records available through the Secretary of State of California shows that FCA- SW CA, LLC, a Delaware limited liability company was registered on February 20, 2015, having been formed on February 19, 2015, in the State of Delaware. A statement of information filed on December 27, 2017, identifies FCA CA PSV, LLC, a Delaware limited liability company as its Manager or Member.
The Developer has requested that its shareholder information remain private and confidential, and the City Attorney has provided this information separately to the City Council for its use in confirming no conflict of interest in this action.
BACKGROUND:
At its meeting of April 7, 2004, the Planning Commission recommended approval of Tentative Tract Map 31848, which was subsequently approved by the City Council, subject to conditions, on May 5, 2004. Tentative Tract Map 31848 is located along the north side of San Rafael Drive, east of N orth Indian Canyon Drive, south of Whitewater River and west of Sunrise W ay, as shown in Figure 1; a vicinity map is included as Attachment A.
Figure 1
Item 1R - Page 2
City Council Staff Report
July 24, 2023 -- Page 3
TM 31848-1
On December 6, 2006, the City Council adopted Resolution No. 21778, approving Tract Map 31848-1 and an associated Subdivision Improvement Agreement, (Agreement No. 5393), (the “SIA”), with SunCal PSV, LLC, a Delaware limited liability company. Tract Map 31848-1 involved a subdivision of 397 Single Family residential lots , 1 M ulti-family residential lot, 22 open space lots, and recreational areas as shown by the map included as Attachment B.
On February 3, 2016, the City Council approved a Second Amendment and Assignment/Assumption of the Subdivision Improvement Agreement with Avalon 1150, LLC, a Delaware limited liability company (the “Developer”) to complete the Miralon project.
Associated with Tract Map 31848- 1 was a requirement to construct certain public and private improvements, identified as the “Works of Improvement,” including:
• On-site private street and storm drainage improvements • On-site public sewer and domestic water system improvements • Off-site public street improvements
• Off-site landscaping improvements
At the time Tract Map 31848- 1 was approved by the City Council, construction of the Works of Improvement associated with Tract Map 31848-1 had not been completed, which were estimated to cost $ 17,385,000. In accordance with Section 66462 of the California Government Code, the Developer request ed that the City enter into the SIA securing the cost of the Works of Improvement not yet completed to the City’s satisfaction.
Accordingly, pursuant to the terms of the SIA, the Developer filed the following Security Instruments with the City Clerk to guarantee construction of the Works of Improvement:
2018 REDUCTIONS
Security Bond
Original
Bond
Reduction Reduced
Bond
AC Pavement Faithful Performance $ 4,070,000 $ 3,052,500 $ 1,017,500 AC Labor and Material $ 2,035,000 $ 1,526,250 $ 508,750 AC Maintenance and Warranty $ 610,500 $ - $ 610,500 Curb, Gutter and Flatwork Faithful Performance $ 3,525,150 $ 2,643,863 $ 881,288 Curb, Gutter and Flatwork Labor and Material $ 1,762,575 $ 1,321,931 $ 440,644 Curb, Gutter and Flatwork Maintenance and
Warranty
$ 528,773 $ - $ 528,773 DWA – Domestic Water Faithful Performance $ 3,270,904 $ - $ 3,270,904 DWA – Domestic Water Labor and Material $ 1,635,462 $ - $ 1,635,462 DWA – Domestic Water Maintenance and
Warranty
$ 490,636 $ - $ 490,636 Sanitary Sewer System Faithful Performance $ 3,112,700 $ 2,334,525 $ 778,175 Sanitary Sewer System Labor and Material $ 1,556,350 $ 1,167,263 $ 389,088 Item 1R - Page 3
City Council Staff Report
July 24, 2023 -- Page 4
TM 31848-1
2018 REDUCTIONS
Security Bond
Original
Bond
Reduction Reduced
Bond
Sanitary Sewer System Maintenance and
Warranty
$ 466,905 $ - $ 466,905 Aggregate Base Faithful Performance $ 1,785,350 $ 1,339,013 $ 446,338 Aggregate Base Labor and Material $ 892,675 $ 669,506 $ 223,169 Aggregate Base Maintenance and Warranty $ 267,803 $ - $ 267,803 Off-site Landscaping and Traffic Faithful
Performance
$ 1,132,400 $ 849,300 $ 283,100
Off-site Landscaping and Traffic Labor and
Material
$ 566,200 $ 424,650 $ 141,550
Off-site Landscaping and Traffic Maintenance
and Warranty
$ 169,860 $ - $ 169,860 Storm Drain Faithful Performance $ 488,500 $ 293,100 $ 195,400 Storm Drain Labor and Material $ 244,250 $ 146,550 $ 97,700 Storm Drain Maintenance and Warranty $ 73,275 $ - $ 73,275 Obligation Security Faithful Performance $ 698,544 $ - $ 698,544 Setting of Monuments Faithful Performance $ 60,000 $ - $ 60,000 Total Bonds $ 29,443,811 $ 15,768,450 $ 13,675,361 STAFF ANALYSIS:
The Developer has completed construction of a significant portion of the Works of Improvement and provided acceptance letters from the associated Homeowners Association and has requested that the City Council reduce the Security Instruments accordingly (Attachment C).
On behalf of the City Engineer, the City’s Public Works Inspectors have inspec ted the Works of Improvement and found them to be in accordance with the City’s approved plans and specifications and recommends the City Council authorize a reduction of the Security Instruments to reflect the portion of the Works of Improvement that have been completed to date.
2023 REDUCTIONS
Security Bond
Original
Bond
2018
Reduction
2023
Reduction
AC Pavement Faithful Performance $ 4,070,000 $ 3,052,500 $ - AC Labor and Material $ 2,035,000 $ 1,526,250 $ - AC Maintenance and Warranty $ 610,500 $ - $ 610,500 Curb, Gutter and Flatwork Faithful Performance $ 3,525,150 $ 2,643,863 $ - Curb, Gutter and Flatwork Labor and Material $ 1,762,575 $ 1,321,931 $ - Curb, Gutter and Flatwork Maintenance and
Warranty
$ 528,773 $ - $ 528,773 Item 1R - Page 4
City Council Staff Report
July 24, 2023 -- Page 5
TM 31848-1
2023 REDUCTIONS
Security Bond
Original
Bond
2018
Reduction
2023
Reduction
DWA – Domestic Water Faithful Performance $ 3,270,904 $ - $ 3,270,904 DWA – Domestic Water Labor and Material $ 1,635,462 $ - $ 1,635,462 DWA – Domestic Water Maintenance and
Warranty
$ 490,63 $ - $ 490,636 Sanitary Sewer System Faithful Performance $ 3,112,700 $ 2,334,525 $ - Sanitary Sewer System Labor and Material $ 1,556,350 $ 1,167,263 $ - Sanitary Sewer System Maintenance and
Warranty
$ 466,905 $ - $ 466,905 Aggregate Base Faithful Performance $ 1,785,350 $ 1,339,013 $ - Aggregate Base Labor and Material $ 892,675 $ 669,506 $ - Aggregate Base Maintenance and Warranty $ 267,803 $ - $ - Off-site Landscaping and Traffic Faithful
Performance
$ 1,132,400 $ 849,300 $ - Off-site Landscaping and Traffic Labor and
Material
$ 566,200 $ 424,650 $ - Off-site Landscaping and Traffic Maintenance
and Warranty
$ 169,860 $ - $ 169,860 Storm Drain Faithful Performance $ 488,500 $ 293,100 $ - Storm Drain Labor and Material $ 244,250 $ 146,550 $ - Storm Drain Maintenance and Warranty $ 73,275 $ - $ 73,275 Obligation Security Faithful Performance $ 698,544 $ - $ - Setting of Monuments Faithful Performance $ 60,000 $ - $ 60,000 Total Bonds $ 29,443,811 $ 15,768,450 $ 7,306,314
ENVIRONMENTAL ASSESSMENT:
The “Avalon” or “Palm Springs Village” project, identified by Case No. 5.0982, Planned Development District (PD) 290, and Tentative Tract Map 31848-1 , was considered a “Project” pursuant to the California Environmental Quality Act (“CEQA”) Guidelines. The City, acting as Lead Agency pursuant to CEQA, prepared an Initial Study and Mitigated Negative Declaration (“MND”) for the Project. On May 5, 2004, the City Council adopted Resolution No. 20920 ordering the filing of the MND. Approval of the Second Amendment to and Assignment and Assumption of the SIA for the Palm Springs Village project will facilitate completion of the Project and is therefore consistent with the MND previously approved by the City Council, and no further action with regard to CEQA is required with this requested action.
FISCAL IMPACT:
This action will allow a reduction in the amount of the Security Instruments filed with the City Clerk to guarantee completion of the Works of Improvement associated with Tract Item 1R - Page 5
City Council Staff Report
July 24, 2023 -- Page 6
TM 31848-1
Map 31848- 1. The Developer remains obligated to complete the remaining Works of Improvement, and no financial liability will be imposed upon the City.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Vicinity Map
B. TM 31848-1
C. HOA and Developer letters
D. Resolution
Item 1R - Page 6
Attachment A
Item 1R - Page 7
Department of Public Works and Engineering
Vicinity Map
CITY OF PALM SPRINGS
TM 31848
Site
500’
Radius
.u
C:
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rramv,ew Rd 0 ::,
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1 0 WSunview > Cl~ -:fvillo ~ iii
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urlo~ Rd
~ I
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.. Rd f Sa I Rafael Rd
\ ..,. Az.L / Ct Sunflowe
~ ~---------- ;_......
Lilly St
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~ LucffltCt
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~ Solace Ct
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s
Item 1R - Page 8
Attachment B
Item 1R - Page 9
dlt)~_,Dqlf 3 <-tll trV
___________________________________________ ......._..11,,,,M,,&....wl,l ........ ______ ,__~C\
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LANO INCLUDED WITHIN THE SUBOMSION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING Of THIS SUBDMSION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
W£ HEREBY DEDICATE TO PUBLIC USE, FOR STREET ANO PUBLIC UTILITY PURPOSES, LOTS •A• THROUGH •c•. INCLUSIVE, AS SHOWN WITHIN THIS MAP.
WE HEREBY DEDICATE TO PUBLIC USE, EASEMENTS FOR PUBLIC UTILllY ANO SEWER
PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE ANO EMERGENCY ',fit!CLES ANO PERSONNEL OVER LOTS -o• THROUGH 1, INCLUSIVE, SHOWN AS "PRIVATE STREET"(S}, AS SHOWN WITHIN THIS MAP.
WE HEREBY DEDICATE TO PUBLIC USE, FOR PUBLIC UTILITY AND SEWER PURPOSES, THOSE EASEMENTS SHOWN AS •1 0' PUE9, AL.ONG AND ADJACENT TO LOTS -o• THROUGH 1, INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), AS SHOWN WITHIN THIS h4AP.
WE HEREBY DEDICATE TO PUBLIC USE, FOR SIDEWALi(, PUBLIC UTILITY AND SEWER PURPOSES, EASEMENTS OVER LOTS -u• THROUGH •z•, INCLUSIVE, ANO LOTS •M• THROUGH •AH•, INCLUSIVE, AS SHOWN WITHfN THIS MAP. WE Hff<fl!Y [l£DrCAl'C "To PUeuc USE, AH fASEMOIT FOR S1bRH DRAIN PURPOSES ,...,.,R L."7S ,._,,. ''/IA• .. ...,, ANO ",tJ' AS 5HOWll Wll"Hlr.l 11-415 MAP ,\,,J"9'1.- "' ,,.. , •
WE HEREBY RETAIN LOTS -0" THROUGH 1, INCLUSIVE, SHOWN AS "PRIVATE STREET.(S),
FOR PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.
WE HEREBY RETAIN FOR DRAINAGE PURPOSES, AN EASEMENT OVER THOSE EASEMENTS SHOWN AS •10• PUE•, AS SHOWN WITHIN THIS MAP, FOR THE SOLE USE Of OURSELVES, OUR SUCCESSORS, ASSIGNEES ANO LOT OWNERS WITHIN THIS h4AP.
WE HEREBY RETAIN FOR DRAINAGE PURPOSES, AN EASEMENT OVER LOT •AS•, AS SHOWN
WITHIN THIS MAP, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHtN THIS MAP.
WE HEREBY RETAIN LOTS •AJ• THROUGH "AS•, INCLUSIVE, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.
WE HEREBY RETAIN FOR OPEN SPACE, LANDSCAPE ANO STORM DRAIN PURPOSES, LOTS -U" ntROUGH 7.•, INCLUSIVE, AND LOTS "M• THROUGH •AH•, INCLUSIVE, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.
SUNCAL PSV, LLC,
LIABILllY COMPANY
NAM[: BRUCE ELIEFF TITLE: PRESIDENT - CHIEF EXECUTIVE omCER PALM SPRfNGS VILLAGE - 309, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
IT: --.ik~i-~~~· ---? ,'
NAMt: SCOTT A. USSOY ~/MANAGER
BENE[ICIARY'S ~MENT
MCCOMtC CONSOLIDATED INC., A CALIFORNIA CORPORATION, BENEFlCIARY PER DEED Of TRUST RECORDED SEPTEMBER 14, 2005, AS INSTRUMENT NO. 2005- 758425, OF omc!Al.. RECORDS OF RIVERSIDE UNTY, CALIFORNIA.
BY:"-"".~~~ BY:
--------------
NA.Mt: - f\A flA1fnTLE: t..lJD IWa'~ TITLE: ----
BENErlCIARY'S STATEMENT
CALIFORNIA BANI< A: TRUST, A CALIFORNIA BANKING CORPORATION, BENEFlCIARY PER DEED OF TRUST RECORDED MARCH 13, 2006, AS INSTRUMENT NO. 2006-235151, OF DmCIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
BY, q ••?~r-BY ________ _
NAME: ~-,,.~"v TITLE: _t}p NAME: _____ TITLE: __ _
BENErlCIARY'S STATEMENT
BY:
NAME: TITLE:
IN TH£ CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STAT£ OF CALIFORNIA TRACT MAP NO. 31848-1
BEING A SUBDIVISION OF A PORTION OF SECTION JS,
TOWNSHIP J SOUTH, RANGE 4 EAST, S.8.M.
~ MSA CONSUL TING, INC. FEBRUARY - 2006
ENGINEER'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS BASED UPON A FlELO SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDMSION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SUNCAL PSV, LLC, IN JULY OF 2005.
I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS
INDICATED, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE sumcIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS
MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.
•
R .. E. 26401
EXP. 3/31/0B
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT MAP NO. 31848-1, CONSISTING OF 25 SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF;
THAT ALL PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFlED THAT SAID MAP IS TECHNICALLY CORRECT.
DATED: Ve<-- l'l..1 -z,,t,t:1<:;
I
DAVID J. BARAKIAN R.C.E. 28931
CITY ENGINEER EXP. 3/31/07
CITY CLERK'S STATEMENT
I, JAMES THOMPSON, CITY CLERK AND EX-omcI0 ASSESSOR OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, STATE OF CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE f, Tt-1 DAY OF ~&:c£M 6€,L , 20 ~ , DULY APPROVED THE WITHIN MAP OF TRACT MAP NO. 31848-1, AND DID ACCEPT ON BEHALF OF THE PUBLIC, THE DEDICATION OF LOTS •A• THROUGH •c•. INCLUSIVE, OFFERED FOR STREET, PUBLIC UTILITY AND SEWER PURPOSES; THE OFFER OF EASEMENTS OVER LOTS •Dn THROUGH ·r.
INCLUSIVE, SHOWN AS "PRIVATE STREET.(S), OFFERED FOR PUBLIC UTILITY AND SEWER PURPOSES,
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL; THE EASEMENTS SHOWN AS •10• PUC, ALONG AND ADJACENT TO LOTS •D• THROUGH 'i", INCLUSIVE, SHOWN AS •PRIVATE STREET.(S), OFFERED FOR PUBLIC UTILITY AND SEWER PURPOSES; THE OFFER THE EASEMENTS OVER LOTS •u• THROUGH -z.•, INCLUSIVE, AND LOTS •AA• THROUGH •AH•, INCLUSIVE, OFFERED FOR SIDEWALK, PUBLIC UTILITY AND SEWER PURPOSES; ,4HO AM~ l""OR ~ C1W1 PVRP~ CWER LOfS "X" •A,(' '°.AF" MID ';.J" AlL ,'6 D£DICIJ[O ANO SHOWN WrrHIIJ THIS MAP. ' 1 1
WE HEREBY ABANDON PURSUANT TO SECTION 66434(G) OF THE SUBDMSION MAP ACT, A
PORTION OF THAT CERTAIN RIGHT-OF-WAY GRANTED TO THE CITY OF PALM SPRINGS, SHOWN AS LOT •A• (AVENIDA CABALLEROS) OF TRACT MAP NO. 24853-1, AS SHOWN IN MAP BOOK 221, PAGES 8 THROUGH 11 , INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN THE BOIJNDARY OF THIS MAP, AND NOT SHOV/N HEREIN.
THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE ,,J.. t ,..,- DAY OF l'F'tLf L-' , 20 ~ .
DATED: t .2.J 1:L/ 100(,
CLERK AND EX-OFFIC ASSESSOR OF THE
ITY COUNCIL OF THE CITY OF PALM SPRINGS
NOTARY'S ACKNOWLEDGMENT
SEE SHEET 2
RECORDER'S STATEMENT SHEET 1 OF 25 SHEETS
FlLED THIS pZ'7f" DAY OF ~t.Jnlot.• , 20 o(,~~-
AT I :oe, 111-M. IN BOOK---=-t:fl4 OF
MAPS AT PAGES '11-7} AT THE REQUEST OF
THE CITY CLERK OF THE CITY OF PALM SPRINGS.
No. 2oor.-Ott~ 3'-ill
FEE I 55LJC
DEPUTY
SUBDIVISION GUARANTEE BY: FIDELITY NATIONAL TITLE COMPANY
TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS omcE. AS OF THIS DATE,
THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID
STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES.ell!!l[PT ltr,l,"[!9 rm ,rre,;a:t A1'1'21'1'Ml"WP'!I! ee1>t&IEB ;1!111! 'M)(!'lll!, ue;. ;; uru ~T ;teT Y!'T ~P\i/!<btl', Wl"lleM Mfr ~~'fl~iAl'ff]', '1'6 8[ r DATED: I£_/ 7-L- I z._ DDlR
PAUL McDONNELL, COUNTY TAX COLLECTOR
BY: ~ H IX--6ii?LO
DEPUTY
DATED: --------
NANCY ROMERO
CLERK OF THE 80""""~
PAUL McDONNELL
COUNTY TAX COLLECTO
DEPUTY BY: -------==~=------___:,a_ DEPUTY
SOILS REPORT
PURSUANT TO SECTION 66490 OF THE SUBDMSION MAP ACT, A PRELIMINARY SOILS REPORT, PROJECT NO. 544-3268, FlLE NO. 03-07-484, WAS PREPARED BY SLADDEN ENGINEERING, DATED JULY 28, 2003, ANO IS ON FlLE WITH THE CITY OF PALM SPRINGS, ENGINEERING DEPARTMENT.
ABANDONMENT NOTE
PURSUANT TO SECTION 66434(G) OF THE SUBDMSION W.P ACT, THE FILING OF THIS MAP SHALL CONSTITUTE ABANDONMENT, WITHIN THE BOUNDARY OF THlS MAP, A PORTION OF THAT CERTAIN RIGHT-OF-WAY GRANTED TO THE CITY OF PALM SPRINGS, SHOWN AS LOT .A. (AVENIDA CABALLEROS) OF TRACT MAP NO. 24853-1, AS SHOWN IN MAP BOOK 221, PAGES 8 THROUGH 11, INCLUSIVE, omCIAL RECORDS Of RIVERSIDE COUNTY, CALIFORNIA.
THOSE RIGHT-OF-WAYS BEING ABANDONED ARE NOT SHOWN ON THIS MAP.
SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURE(S)
OF THE FOLLOWING OWNER(S) OF EASEMENTS ANO/OR OTHER INTERESTS HAVE BEEN OMlfilD, AS THEIR INTERESTS CANNOT RIPEN INTO FEE.
CALIFORNIA ELECTRIC POWER COMPANY, HOLDER OF RIGHTS FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER DEED BK. 1035, PG. 417, REC. 12/14/48, O.R., AND PER INST. NO. 53651, REC. 6/8/62, O.R.
SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF RIGHTS FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 160821, REC. 12/5/72, 0.R.
DESERT WATER AGENCY, HOLDER OF RIGHTS FOR PIPELINES ANO INCIDENTAL PURPOSES, PER INST. NO. 17313, REC. 1/16/91, O.R.
SOUTHERN CALIFDRIJl.t. £DISON COHPANt', ~R OF RIGl-fTS FOR PLSLIC tmLmES AND INCIDfWW..
PU~POS'ES, Fl:~ l"'Sf. NO. 06- 696382, REC. 9/20/06, O.R.
J.N. 16-41
--~
Item 1R - Page 10
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ~ < VISTA CHINO
NOTARY'S ACKNOWLEDGMENT
STATE OF CALIFORNIA )
b. ss
z
C)
VICINITY MAP
N.T.S.
COIJ,m' OF~~~
ON_Sa.e\. •.._ BEFORE ME, "Sltl..ba.~~«'00,
A_ ~ARY ,ut'c IN Afw FOj S~T~TE. p™~LY A PEAR~A~--:
LU_,'"------_,.__._.~.0-~ut\-U-lCl~. __ _
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS O SATISFACTORY EVIDENCE) TO 9E THE PERSON(S) WHOSE NAME(S) 1'!wARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACl<NOWLEOGED TO ME THAT ~EY EXECUTED THE SAME IN ~ElR AUTHORIZED CAPACITY(IES), AND THAT BY ~/THEIR SIGNATURE{S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
MY COMMISSION EXPIRES I• IA .!.Oq MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND AND OFFICIAL SEAL. c._ ..- . ~•
~--"--~~'____...6__ ~==---,c-----=--c=---c=---- IS ~I\___. •----J~ COUNTY.
NOTARY PUBLIC IN AND FOR SAID STATE •
_lA•\ \"' 6 ,o4\f\6.M0f\,
(PRINT NAME)
NOTARY'S ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss
COUNTY OF 01'Z."""~M~G-~C.~ __ )
ON 5C."?'i'YM'&£1L is: a Q<i' . BEFORE ME ~ ........ "1:>. <,, ~s "~ , A NOTARY PUBLIC IN AND' FOR-~ ST~TE. PERSONALLY APPEARED Ac..d'f'""r ~ Lfsso!&.
PERSONALLY KNOWN TO ME ~QR f:ap(')).,~ lO M[ OM :J:ME" B,A.SIS eF 5~5~CroR¥ ~'IODICE) TO BE THE PERSON.cs, WHOSE NAME'8') @')'~ SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWL.£DGED TO ME: THAT ©s1 IE/1'HE'I EXECUTED THE SAME IN @'1-+ER/fl IEIR AUTHORIZED CAPACfTY(lei), AND THAT BY @'I-IER/1'! !DR S!GNATUREGS, ON THE INSTRUMENT THE PERSON'8'}, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON'8') ACTED, EXECUTED THE INSTRUMENT.
MY COMMISSION EXPIRES 3f;/...1 f o, MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND ANO OFFICIAL SEAL.
COUNTY.
~~~ :J). G,,LA=C~ILA=.__------
(PRINT NAME) _ __s
NOTARY'S ACKNOWLEDGMENT
STATE OF cyoRNIA )
COUNTY OF _Ur~ ~/S
ON •t>• S·DetJ _. BEFORE ME 8rt1dt1.1Aq}«niuf4 A ~'( PUBLIC IN ANDtftrtl ~•ir.r~LL y APFlAltb~ . . .... ·.. . . . .
PERSONALLY KNOWN TO ME (eR J,llft Jlifl Iii Qbl JWf iPliiff.AF 6tIIClii.t03Slilllr lilllHiilll() TO BE THE PERSON~) WHOS NAME(\) illiili SUBSCRIBED TO THE.THIN INSTRUMENT AND ACKNOWLEDGED TO Ml THAT ~iiii,i_,.r'r EXECUTED THE SAME IN ,MIL• I , AUTHORIZED CAPACITY~). AND THAT BY . SIGNATURE(\, ON THE IN RUMENT THE PERSON(~ OR THE ENTITY UPON BEHAL F WHICH THE PERSON~ ACTED, EXECUTED THE INSTRUt.1ENT.
MY COMMISSION EXPIRES 1..• ' • '0
WITNESS MY HAND AND OFFICIAL SEAL.
BLIC IN ANO FOR SAID STATE
Jt{)tltnll\_
MY PRiC!_PAL ... PLACE OF BUSINESS
IS _j/(_O,,,,,~- COUNTY.
(OW1Mit1,,1A•Jc,~(G
TRACT MAP NO. J 1848-1
BEING A SUBDIVISION OF A PORTION OF SECTION 35,
TOWNSHIP J SOUTH, RANGE 4 EAST, S.B.M.
(119 MSA CONSULTING, INC. FEBRUARY - 2006
ENGINEER'S NOTES
THE 11\9$ Of' BEARINGS FOR THIS SURVEY IS THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER (1/4) OF SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M., AS SHOWN ON PARCEL MAP NO. 25864, ON FILE IN BOOK 163, AT PAGES 68 &: 69, OF PARCEL MAPS, O.R.
TAKEN AS: N 89"46'4,·r W
• INDICATES FOUND MONUMENT AS NOTED
0 INDICATES SET 1" 1.P. WITH PLASTIC PLUG STAMPED •R.C.E. 26401 ", FLUSH, UNLESS NOTED OTHERWISE.
INDICATES SET 1-1/4" BRASS DISK STAMPED "R.C.E. 26401", FLUSH, IN A.C. PAv'T (RIV. CO. STD. TYPE '"B" MON.)
(-) INDICATES RECORD DATA AS NOTED
R1 INDICATES RECORD DATA PER PARCEL MAP NO. 25864, P.M.B. 163/68-69 R2 INDICATES RECORD DATA PER RECORD OF SURVEY, R.S. 95/14-18 (GRID) R3 INDICATES RECORD DATA PER TRACT NO. 24853-1, M.B. 221 /8-11 R4 INDICATES RECORD DATA PER TRACT NO. 17642-1, M.B. 122/88-90 R&:M INDICATES RECORD AND MEASURED DATA
~ INDICATES CENTERLINE
R/W INDICATES RIGHT-OF -WAY
(R) INDICATES RADIAL BEARING
SET NAIL AND TAG IN CURB ON THE PROLONGATION OF ALL SIDE LINES, STAMPED '"R.C.E. 26'401 ", IN LIEU OF THE FRONT LOT CORNERS.
SET 1" I.P. WITH PLASTIC PLUG STAMPED "R.C.E. 26401 ", SET NAIL AND TAG IN CONC. FOOTING STAMPED "R.C.E. 26'401" OR NAIL AND TAG IN FENCING MATERIAL, TAGGED •R.C.E. 26401 ", AS APPROPRIATE, AT REAR LOT CORNERS AND ANGLE POINTS, UNLESS OTHERWISE NOTED.
TOTAL GROSS Nf£A • 212.577 ACRES
LOTS • J98 LOTS
LETTERED PUBUC SI REEi LOTS • 3 LOTS
LEI I EREO PRIVATE SI REE I LOTS • 1 I LOTS
OPEN SPACE LOTS • 22 LOTS
NOTARY'S ACKNOWLEDGMENT
STATE OF CALIFORNIA )
I SS
COUNTY OF j •• "o:,t tW'll
ON Woj~a ..... ~-· BEFORE ME 1'••• 111. ~•-~f!!__•II f)tl-,,, .,.,,~ ~T~R:_:uB~- r~ FORa~D s!~-~S~NALLY APPEARED - ~ . :
PERSONALLY KNOWN TO M, fiR pag $iii liQ 11[ Otl Prlii littfli W: fi?CiFliP i~PV Iii ,on~er) TO BE THE PERSO~ WHOSE NAME- IS/~ SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/tillr;• , •• EXECUTED THE SAME IN HIS;U.69.fA lira AUTHORIZED CAPAC!~ AND THAT BY HIS1'1 lfRfQIE!i SIGNATURE~ ON THE INSTRUMENT THE PERSO~.
OR THE ENTITY UPON BEHALF OF WHICH THE PERSO~ ACTED, EXECUTED THE INSTRUMENT.
MY COMMISSION EXPIRES ~--'' .. ,, MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND AND OFFICIAL: SEAL. I A I J
<'-- .JI IS~·• "Jflf~ COUNTY.
NQi~C~ -..~l~SiA~T~E--
~Q-,t_tr,. Ca_~fJ l,1/I
MONUMENT NOTES SHEET 2 OF 25 SHEETS
[I) FD. 1" I.P. W/TAG "LS. 3561 ", DN. 0.5' IN MON. WELL, ACCEPTED AS SE COR. SEC. JS, PER P.M.B. 163/68-69 & R.S. 95/14-18
II] FD, 1" I.P. W/NAIL & TIN, FLUSH, NO REF., ACCEPTED AS SW COR. TR. NO. 17642-1, PER M.B. 122/!!8-90, AFFIX TAG "R.C.E. 26401"
[}] FD. 1• LP. W/PLASTIC PLUG STAMPED "R.C.E. 23256", FLUSH, NO REF., ACCEPTED AS S 1/4 COR SEC. 35 [±J FD. 1 1/2" 1.P., NO TAG, ON. 0.5' IN MON. WELL, ACCEPTED AS SW COR. SEC. 35, PER P.M.B. 163/68-69, AFFIX TAG "R.C.E. 26401"
[[j FD. COPPERWELD STAMPED "LS. 5128", FLUSH, 3.73' SOUTH OF POSmON FOR SOUTH BOUNDARY LINE, NO REF., ACCEPTED AS 1/16 COR. FOR SEC. 34
[!) FD. 2X2 HUB W/NAIL & TIN, FLUSH, NO REF., 0.13' NORTH ANO 0.52' WEST OF POSmON, NOT
ACCEPTED FOR BOUNDARY CORNER
IT] FD. 1" 1.P. W/TAG "R.C.F.C. & W.C.D.", ON. 0.6' IN MON. WELL. ACCEPTED AS W 1/4 COR. SEC. 35, PER R.S. 95/14-18
(]] FD. 3/4" 1.P. W/TAG "R.C.F.C. & W.C.D.", FLUSH, ACCEPTED AS INT-X SW'LY CHANNEL R/W AND W. LINE SEC. 35, PER R.S. 95/14-18
[[) FD. 1 1/4" BRASS DISC STAMPED "LS. 2567", DN. 0.4' IN MON. WELL, ACCEPTED AS NW COR. SEC. 35, PER R.S. 95/14-18
[!Qj FD. 3/4" LP. W/TAG "R.C.F.C. & W.C.D.", DN. 0.3' IN ROCK hlOUND, ACCEPTED AS N 1/4 COR. SEC. 35, PER R.S. 95/14-18
[DJ FD. 3/4" 1.P., NO TAG, UP 0.2' IN ROCK MOUND, ACCEPTED AS NE COR. SEC. 35, PER R.S. 95/14-18, AFFIX TAG "R .C.E. 26401 •
[!l] FD. 3/4" 1.P. W/TAG "R.C.F.C. & W.C.D.", FLUSH, ACCEPTED AS INT-X SW'LY CHANNEL R/W ANO E. LINE SEC. 35, PER R.S. 95/14-18
~ FD. 3/4" 1.P., NO TAG, NO REF., ON. 0.6', ACCEPTED AS NE COR. TR. NO. 17642-1, AFFIX TAG "R.C.E. 26401" [Hj FD. 1" I.P. W/TAG "R.C.E. 15398", ON. O.J', ACCEPTED AS NW COR. TR. NO. 17642-1, PER t,tB. 122/88-90 [!ID FD. 3/4" 1.P. W/TAG "R.C.F.C. & W.C.D.", FLUSH, ACCEPTED AS INT-X SW'LY CHANNEL R/W AND 1/4 SEC. LINE, PER R.S. 95/14-18
[!fil FD. 3/4" 1.P. W/TA.G "R.C.F.C. & W.C.D.", FLUSH, ACCEPTED AS SW'LY CHANNEL R/W 8.C., PER R.S. 95/14-18 !TI) FD. 1• 1.P. W/TAG "LS. 5128", DN. 0.5' IN MON. WELL. NO REF., ACCEPTED AS C/L INT-X AVf.. CABALLEROS & VIA SAN MICHAEL, PER M.B. 221 /8-11
[ifil FD. 1• I.P. W/TN; "LS. 5128", ON. 0.5' IN MON. WELL, NO REF., ACCEPTED AS C/L INT-X AVf.. CABALLEROS & VIA SAN DIMAS, PER M.B. 221/8-11
&
EASEMENT NOTES
CENTERLINE OF AN EASEMENT, WIDTH UNSPECIFIED, IN FAVOR OF CALIFORNIA
ELECTRIC POWER COMPANY, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER DEED BK. 1035, PG. 417, REC. 12/14/48, O.R.
AN EASEMENT, 30.00 FEET IN WIDTH, IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 53651, REC. 6/8/62, 0.R.
AN EASEMENT, 30.00 FEET IN WIDTH, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 160821, REC. 12/5/72, O.R.
AN EASEMENT. 50.00 FEET IN WIDTH, IN FAVOR OF DESERT WATER AGENCY, FOR PIPELINES AND INCIDENTAL PURPOSES, PER INST. NO. 17313, REC. 1/16/91, O.R. fA.5fl"lfN75 ll'J RM>R OF SD\/THfRN CNIFORN'4 roisaJ COM~NY, •OR PUBLJC UllllTlES AHO IMCIOOITAL PllRPOSfS, PER INST NO Of>- 6!>G382, REC. 9/20/00, O.R.
NOTARY'S ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
)
ss
-------~
ON~~~~~~~~~~~• BEFORE ME ~--~~~---
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED . ·-··-
~~-~~~~~-
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
MY COMMISSION EXPIRES MY PRINCIPAL PLACE OF BUSINESS -----WITNESS MY HAND AND OFFICIAL SEAL.
IS COUNTY. -----~~~
NOTARY PUBLIC IN AND FOR SAID STATE
J.N. 1641
Item 1R - Page 11
m. 2085
ili.8 . .i6i/50
N 89"46'59" E 2648.44'
(N 89'46'59" E 2648.46') R2
ALL!NTN:DRIVE
WHITEWA~
®
LOT "AJ"
(N 69'59'40" E 2025.77') R2
N 69'59'38" E i025.66'
LOT "Al"
2650.58'
(2650.52') R2
AVALON WAY
PALLADlM IIOULEVAAD
-,- - ~ - ~ - - - ~-
"-N'LY LINE PAR. 1 '
P.M.B. 163/68-69
LOT "AM"
N 89'46'4J W 1899.89
·:____ 1~i,i2~-8AN RAFAB.. DRIVE - -
I ; iJ'!RI. 'il4~~'i!
ifl!.B. '1118/49~~0
AVALON WAY
i
I
(N 89"42'39" E 2648.02) R2
69"42'42" E
_ 2648.1__0'_ --'y
~
0 11
RIVER
N 05"31 '37" E
(R)
@
LOT "AO'
CJg
N 15"21'06"
(R) PRC
N
tr N 05"02'17" E
:.-- (R)
2648.91' ---------
(2648.84') R2
N 89'58'15" E 5299.49'
(N 89'56'15" E 5299.40') R2
N 89"53'19" E
(R)R= 528.50'
Jcot--Otf t.f 3~r f
Ofl~WltL
SHEET 3 OF 25 SHEETS
IN TH£ CITY OF PALM SPRINGS, COUNTY OF RIV£RSID£, STAT£ OF CALIFORNIA N 0757'10" E
(R) PRC
TRACT MAP NO. 31848-1
BEING A SUBDIVISION OF A PORTION OF SECTION JS,
TOWNSHIP 3 SOUTH, RANG£ 4 £AST, S.B.M.
<119 MSA CONSUL TING, INC. FEBRUARY - 2006
t ~
; I 11
---5~-
30.00'......-
700.00' -
N 68'17'07" W
126.63'
LOT "AP"
L10
N 73"36'40" W
(R)
N 60°09'40" W
(R)
IR~./!\8001DllEIRI IP£RCIEIL
96.870 AC.
N 14"22'31" W
122.60'
N 75'37'25" E
110.00·
NO.
C1
C2
CJ
u
cs
C6
C7
cs
C9
CURVE DATA
DELTA RADIUS LENGTH TANGENT
89"59'45" 20.00 31.41' 20.00
05'31 '59" 6983.84 67+.43' 337.48'
47"55'08" 450.00' 376.J5' 199.97'
19'32'20" 71.50' 24.38' 12.31'
13"42'13· 181.50' 43.+1' 21.81
02·oo·sr 218.50' 7.69' 3.84"
31'41 '57" 328.50' 181.74' 93.26'
46"25'07" 221.50 179.+5' 94.98'
84'+3'17" 71.50' 105.72' 65.20
R!EiMAIIM)IEIR IPARCIEll
96.670 AC.
N 05"26'45" W -----C 15----"
(R)R= 1128.50'N or, 6'27" E
N 73"36'40" W
(R)
N 60"09'40" W
C10
C11
+3'57'30" 371.50' 285.02' 1+9.94'
16"06'52" 1128.50' 317.39' 159.75'
AVALON WAY
N 00-13'31" E
104.17'
3.00'
fi
l: I-
~
c::i LL.
a
L,J
:I:
~
en
0,
N ~r--tr r--
,..... • w
8. ,-j--r
r-- :-..... ,n
~~
b
0 (R) PRC (R)
(N 69"46'28" W 2082.00') R4
S 89'46'26" E 2062.04' N 89"46'37" W 2081.92' R1
'lr!Rl. 'iJ7te~~o'i]
~-~• 'iJ2~/i~og)(OJ
LINE DATA
NO. BEARING LENGTH
L1 N 05"31'3T E 100.00'
L2 N 22"51'11" W 110.00·
L3 N 09'08'58" W 37.oo·
L4 N oros·o1· w 110.00'
L5 N 02' 18'27" E 70.98'
L6 N 8T41'33" W 147.00'
L7 N 02°18'27" E 21.36'
L8 N 70"06'31" E 52.45'
L9 N 75'37'25" E 11 o.oo·
L10 N 14'22'35" W 7.91'
L11 N 55"57'34" W 117.73'
L12 N 8T41'33" W 110.00'
L13 N 02"18'27" E 8.82'
L14 N 64'34'13" W 11.41'
L15 N 25'25'47" E 105.24'
L16 N 25'54'10" E 37.00'
L18 N 21'35'00" W 46.59'
L19 N 68°25'00" E 110.00'
I L,J
ID
N' • 0,
,n N
§~ z8 T - - I\ 13 I
I I
: I
I I
I I
I I
: I
I I
: I
~ I I N ~
:;; I I ~N~ ~ ID ll:: :8 :.--1 ii, N fC OI w::""' N
8 lc,,j ~w
C12 13'+5'+4" 871.50 209 . .33" 105.17
C13 53"54'31" 221.50• 208.41' 112.6+'
C14 67"26'07" 156.50' 18+.20' 104.44'
C15 12·43•12· 1128.50' 250.54' 125.79'
C16 55·50'53• 528.50' 515.15' 280.11'
C17 24"38'22" 878.50' 377.79' 191.86'
C18 10"18'51" 871.50' 156.88' 78.65
C19 21'32'03" 1628.50' 612.06' 309.69'
C20 .31'36'43" 371.50' 204.97' 105.17'
C21 36"40'31" 24.50' 15.68' 8.12'
C22 89"40'25" 24.50 38.34' 24.36'
C23 11•47'47" 973.50' 200.43' 100.57'
C24 90·00·00· 24.50' 38.48' 24.50'
C25 90·00·00· 24.50' 38.48' 24.50'
C26 05"56'40" 481.50' 49.95' 25.00'
C27 95·23'57" 24.50' 40.79' 26.92'
C28 12·25•35• 78.00' 16.98' 8.53'
C29 09·19'55• 105.3.00' 171.51' 85.94'
C30 10"31 '38" 630.00' 115.75' 58.04'
C31 10·31 '39• 470.00' 86 . .36' 43.30'
C32 12·31 •01" 626.50' 136.87' 68.71'
CJ3 85'30'24" 24.50' 36.56' 22.65'
C34 10·42•29• 173.50' 32.43' 16.26'
C35 32'06'48" 426.50' 239.05' 122.75'
C.36 88"28'2+" 24.50' 37.83' 23.86'
C37 03°29'52" 518.50' 31.65' 15.83
C38 1s21·00· 266.50' 62.56' 31.+2
C39 30·45•55• 156.50' 84.03' +3.06
C40 05"07'26" 6983.84' 62+.57' 312.49
L20 N 21'35'00" W
L21 N 09'06'25" W
L22 N 00'13'31" E
L23 N 10·15'07" w
159.85'
233.16'
335.27'
356.13'
DETAl. "8•
NOT TO SCALE
l'il 1~~~~ !1 ,nN~
I I ~----~
I z 8 z ·®·
L24
L25
L26
L27
L28
L29
LJO
L31
L32
L33
L34
L.35
L36
N 25'25'4T E +2.82'
N 13'38'00" E 46.79'
N 13'38'00" E 37.00'
N 13'38'00· E 160.35'
N 59'21 '24" W 17.89'
N 70"03'52" W 219.53'
N 53'34'32" E +3.45'
N 32°55'36" W 37.oo·
N 60'09'40" W 110.00'
N 73'36'40" W 11 o.oo·
N 00"15'4T E 44.00'
N 0013'32" E 204.00'
N 00'13'31" E 134.97'
(2062.00')R4
(2061.92')R1
2061.92' ·- - ~ -
N 89'46'28" W 2649.77'
(N 89"46'28" W 2649.85') R4
I .__,
I
I
I
I
I
I
I
I
~
SEE SHEET 2 FOR ENGINEER'S NOTES,
MONUMENT NOTES, EASEMENT NOTES
AND VICINITY MAP
SEE SHEETS 4 THROUOH 25 FOR
DETALED LOT DMENSfONS
(J) INDICATES SHEET NUMBER
o· 300' 600' 900' 1200'
al I £. 7
SCALE 1 "=300'
J.N. 1641
Item 1R - Page 12
Attachment C
Item 1R - Page 13
June 16, 2023
Mr. Rick Minjares
Engineering Associate
City of Palm Springs
FREEHOLD
COMMUNITIES
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
VIA EMAIL: [email protected]
RE: Request for the Release of Bonds Associated with Completed Improvements at "Miralon:
Dear Mr. Minjares:
Freehold Communities, representing Avalon 1150 LLC, the owner of the project commonly known as Miralon, is formally requesting a release of the Tract Map 31848-1 performance bonds currently held by the City for the now-completed improvements. These performance bonds include AC Pavement, Aggregate Base, Cub & Gutter /Flatwork, Sanitary Sewer, Storm Drain, Offsite Landscaping, and the Sunrise Parkway Bike Path.
Please note that all of the TR 31848-1 street related items have been completed, inspected, and accepted by the City of Palm Springs Public Works Inspector Michael Mott. Lots D, E, G,H,I, J and K, also known as Miralon Way (Avalon Way) Palladium Boulevard, Ambassador Drive, Nugget Lane, Brando Lane, Fountain Drive and Taylor Drive, have been turned over to the Miralon HOA. Lots M, N, 0, P, Q, Rand S, also known asThunderbird Way, Monroe Drive, Starfire Place, Riviera Court, Mustang Lane, Rambler Way, and Ballentine Drive, are fully constructed but have not yet been turned over to the HOA. Please find the attached letter from the HOA agreeing to the release of the performance bonds for all of the completed streets with the assurance that security for the application of a final slurry seal will be in place through the conclusion of residential home construction in TR 31848-1 .
Also attached to this correspondence is a letter from the Miralon HOA accepting the offsite landscaping and a copy of check No. 2547 in the amount of $698,544.00. The latter was the payment of the amount Miralon was conditioned to contribute to the construction fund for the CY-Link multipurpose trail that runs along the northern boundary of the Miralon Community. Should you have any questions or need additional information, please feel free to contact me at your convenience. 11870 Pierce St. #180, Riverside, CA 92S05 I Freeho ldCommunities.com Item 1R - Page 14
FREEHOLD
COMMUNITIES
Thank you in advance for your time assistance in this matter.
Regards,
.,
Brad Shuckhart
President, California Division
11870 Pierce St. #180, Riverside, CA 925051 FreeholdCommunities.com Item 1R - Page 15
Avalon 1150, LLC
DATE INVOICE NO
7-31-20 073120CHK
CHECK 8-06-20 I CHECK
DATE NUMBER
Avalon 1150, LLC
DATE INVOICE NO
7- 31-20 073120CHK
CHECK 8-06-20 I CHECK
DATE NUMBER
Avalon 1150 LLC
500 Boylston St.J Suite 2010
Boston MA 02116
CITYPALM
DESCRIPTION ACCOUNT
Bike Path Constructi 308-001-13200
25471 TOTAL>
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
CITYPALM
DESCRIPTION ACCOUNT
Bike Path Constructi 308-001-13200
25471 TOTAL>
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
First Republic Bank
160 Federal Street
Boston, MA 02110
CITY OF PALM SPRINGS
INVOICE AMOUNT
698544.00
698544.00
CITY OF PALM SPRINGS
INVOICE AMOUNT
698544.00
698544.00
54-7500/2114 2547
DA TE 08/06/2020
Pay:*******Six hundred ninety-eight thousand five hundred forty-four dollars $ ****698,544.00 Timberscan Copy
********************•************************• ·•••••••••••**and no cents TO
THE
ORDER
OF
CITY OF PALM SPRINGS **VOID* VOID * VOID **
**** NOT NEGOTIABLE ****
Item 1R - Page 16
MI RALON ®
April 24, 2023
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Community Corporation
RE: Miralon Community Corporation
Perimeter Landscape
To whom it may concern
Miralon Community Corporation took on the maintenance obligation and acceptance of the perimeter landscape locations in May 2020, which include Sunrise Parkway, partial landscape of Avenida Caballeros, San Raphael, Indian Canyon and Indian Canyon Median.
Please feel free to contact me should you have any questions please let me now if you need anything further 760-620-5013 x 2 or [email protected].
Regards,
0"""1--
Loni Peterson, CCAM-LS, CMCA, AMS, PCAM
General Manager
Miralon Community Corporation
Miralon Community Corporation 4097 Mira Ion Way, Palm Springs CA 92262 phone 760-620-S013 K 2 Item 1R - Page 17
MI RALON ®
June 16, 2023
Brad Shuckhart
Avalon 1150, LLC
500 Boylston Street, Suite 2010
Boston MA 02116
Community Corporation
RE: Miralon Community Corporation
Builder: Avalon 1150, LLC
Miralon Community Corpo ration Street Bond Release
Dear Brad Shuckhart,
In accordance with the street performance bond{s), Miralon Community Corporation hereby accepts the exoneration of the existing performance bond{s) for the streets listed below.
Miralon Community Corporation has no objection to the formal performance bond{s) releases for the following Miralon Community Corporation accepted street{s) for Pavement, Aggregate Base and Curb, Gutter and Sidewalk for {Lots o, E, G,H,I, J and K; aka Miralon Way {Avalon Way) Palladium Boulevard, Ambassador Drive, Nugget Lane, Brando Lane, Fountain Drive and Taylor Drive), as long as other bond(s) are secured for the slurry.
Although Miralon Community Corporation has not formally accepted the following streets, Miralon Community Corporation does not object to the release of faithful performance bonds for Pavement, Aggregate Base and Curb, Gutter and Sidewalk for {Lots M, N, 0, P, a, Rand S; aka Thunderbird Way, Monroe Drive, Starfire Place, Riviera Court, Mustang Lane, Rambler Way and Ballentine Drive), as long as other bond(s) are secured for the slurry.
Please feel free to contact me should you have any questions 760-620-5013 x 2 or [email protected].
Regards,
0'4#--
Loni Peterson, CCAM-LS, CMCA, AMS, PCAM
General Manager
Miralon Community Corporation
Miralon Community Corporation 4097 Miralon Way, Palm Springs CA 92262 phone 760-620-5013 x 2 Item 1R - Page 18
Attachment D
Item 1R - Page 19
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING A
REDUCTION OF SECURITIES GUARANTEEING
COMPLETION OF CERTAIN WORKS OF IMPROVEMENT
ASSOCIATED WITH TRACT MAP 31848 -1 REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, (A5393), FOR PROPERTY LOCATED ALONG
THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF
NORTH INDIAN CANYON DRIVE, SOUTH OF
WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN
SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of April 7, 2004, recommended approval of Tentative Tract Map 31848- 1, subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the “ City”), at its meeting of May 5, 2004, approved Tentative Tract Map 31848- 1 subject to conditions;
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the “City”), at its meeting of December 6, 2006, adopted Resolution No. 21778, approving Tract Map 31848-1 and a related Subdivision Improvement Agreement, (Agreement No. 5393), with SunCal PSV, LLC, a Delaware limited liability company, (“SunCal”), in accordance with Section 66462 of the California Government Code; and
WHEREAS, on February 3, 2016, the City Council approved a Second Amendment to and Assignment and Assumption of Subdivision Improvement Agreement, (Agreement No. 5393), assigning all rights and obligations from SunCal to Avalon 1150, LLC, a Delaware Limited Liability Company, (hereinafter the “Developer”); and
WHEREAS, in accordance with Section 4.1 of the Subdivision Improvement Agreement, the Developer was required to submit subdivision improvement securities in the amount of $17,385,000 to guarantee construction of certain public improvements required for and associated with Tract Map 31848-1, (the “Works of Improvement”); and
WHEREAS, the Developer has filed with the City Clerk certain Security Instruments in the form of performance bonds in the aggregate amount of $17,385,000, labor and materials (payment) bonds in the aggregate amount of $8,692,512, maintenance and warranty bonds in the aggregate amount of $2,607,750, and a monumentation bond in the amount of $60,000 in accordance with the Subdivision Improvement Agreement; and
Item 1R - Page 20
WHEREAS, on February 21. 2018 the City Council approved the reductions of specific bonds associated with the project as indicated on Attachement1; and the Developer has completed significant portions of the required Works of Improvement, and has requested a reduction in the amount of the Security Instruments filed with the City Clerk; and
WHEREAS, the City Engineer has examined the portions of the Works of Improvement completed to date, and has found them to be constructed in accordance with the Subdivision Improvement Agreement, and the associated plans and specifications; and
WHEREAS, the City Engineer recommends that the City Council authorize the City Clerk to accept Security Instruments in reduced amounts sufficient to guarantee construction of the remaining portions of the Works of Improvement required by the Subdivision Improvement Agreement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
The recitals above are found to be true and correct and constitute the findings of the City Council made in support of this resolution.
SECTION 2. The City Council hereby finds and determines that significant portions of the Works of Improvement have been constructed in accordance with the provisions of the Subdivision Improvement Agreement for Tract Map 31848- 1, and the approved plans and specifications, and the City Council hereby agrees to authorize a reduction in the amount of the Security Instruments required by the Subdivision Improvement Agreement as indicated on Attachment 1.
SECTION 3.
The City Council’s authorization to reduce the amount of the Security Instruments required by the Subdivision Improvement Agreement for Tract Map 31848-1 shall not in any way supersede or relieve the Developer, or its successors and assigns, of its obligation to complete the Works of Improvement and obtain final acceptance from the City Council, or relieve the Developer of any other obligations required by the Subdivision Improvement Agreement, or the conditions of approval associated with Tentative Tract Map 31848.
SECTION 4. In accordance with Section 4.5(b) of the Subdivision Improvement Agreement, the City Clerk is hereby authorized to release specific bonds for the project, excluding their associated Maintenance and Warranty Bonds which will be held as security for a period of one year following the City Council’s acceptance of the Works of Improvement, and there being no claims regarding defective work associated with the Works of Improvement having been filed with the City Engineer.
SECTION 5.
The City Clerk, following adoption of this resolution, shall file with the Item 1R - Page 21
Riverside County Recorder, the Acceptance of the Works of Improvement Certificate attached hereto.
ADOPTED THIS 24TH DAY OF JULY, 2023.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1R - Page 22
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 July 24, 2023, 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 1R - Page 23
Acceptance of the Works of Improvement Certificate follows this page.
Item 1R - Page 24
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN
TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fees under Government Code §6103
Acceptance of the Works of Improvement Certificate
Tract Map 31848-1
Subdivision Improvement Agreement (A5393)
The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the “City”), hereby confirms that on July 24, 2023, the City Council of the City accepted specific Works of Improvement associated with Tract Map 31848-1 to be constructed by or on behalf of
Avalon 1150, LLC, a Delaware
limited liability company and/or its successors and assigns, (collectively, hereafter the “Developer”), pursuant to that certain Subdivision Improvement Agreement (A5393) by and between the City and Developer recorded on March 1, 2016, as Document No. 2016-0081839, records of Riverside County Recorder, (hereafter the “Agreement”). The City hereby releases the Developer from its performance obligations to construct the Works of Improvement as set forth in the Agreement, and hereby releases the Security Instruments filed with the City Clerk pursuant to and in accordance with the Agreement. This Acceptance Certificate is applicable to those Works of Improvement associated with Tract Map 3 1848-1, identified as that certain real property more particularly described in Exhibit “A” attached hereto.
[SIGNATURES ON NEXT PAGE]
Item 1R - Page 25
City of Palm Springs, a California
charter city and municipal
corporation
Dated: ______________________
Scott C. Stiles, City Manager
Attest: Approved as to form:
Brenda Pree, City Clerk Jeff Ballinger, City Attorney
Item 1R - Page 26
EXHIBIT “A”
Tract Map No. 3 1848-1 filed in the office of the County Recorder, County of Riverside, State of California, in Book 414 of Maps at Pages 49 through 74.
Item 1R - Page 27
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
AWARD OF A PROFESSIONAL DESIGN SERVICES CONTRACT TO
KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $161,395 FROM
MEASURE J FUNDS FOR THE DEMUTH PARK PICKLEBALL EXPANSION, CITY PROJECT NO. 22-24
RECOMMENDATION:
Award the professional design contract to Kimley-Horn and Associates, Inc., a California corporation, in the amount of $161,395 from Measure J funds for the Demuth Park Pickleball Expansion, City Project No. 22-24.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1S
CITY COUNCIL STAFF REPORT
DATE: JULY 24, 2023 CONSENT CALENDAR
SUBJECT: AWARD OF A PROFESSIONAL DESIGN SERVICES CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $161,395
FROM MEASURE J FUNDS FOR THE DEMUTH PARK PICK LEBALL
EXPANSION, CITY PROJECT NO. 22-24
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
This action will award a professional design services contract in the amount of $161,395 from Measure J funds to allow the City to proceed with the design and conceptual planning phase for twelve (12) new pickleball courts to be constructed at Demuth Park as well as enhancements to the twelve (12) existing courts to ensure that the overall design is aesthetically compatible and creates a highly functional court facility for users.
RECOMMENDATION:
1. Award the professional design contract to Kimley -Horn and Associat es, Inc., a California corporation, in the amount of $161,395 from Measure J funds for the Demuth Park Pickleball Expansion, City Project No. 22-24 (“Project”).
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from Kimley -Horn and Associates, Inc . is included as Attachment A.
BACKGROUND:
The twelve (12) existing pickleball courts located at Demuth Park are utilized year-round, with more significant overcrowding in the peak seasons of fall, winter, and early spring.
The growing popularity of the pickleball sport nationwide has created a situation where pickleball players are searching for additional opportunities to play during both day and Item 1S - Page 1
City Council Staff Report
July 24, 2023 – Page 2
Demuth Park Pickleball Expansion, CP No. 22-24
evening hours with world- class facilities that a re professionally designed and well- lit.
Additionally, there is a national trend in designing facilities that are also conducive to pickleball tournaments and recreational play by incorporating viewing areas that support the sport for both participants and spectators.
The Parks & Recreation Commission and members of the pickleball community agreed there was a need for an increase i n the number of courts available in Palm Springs for public use to better meet the high demands of players in the growing pickleball community. Over the past year, the Pickleball Ad -Hoc Committee of the Parks & Recreation Commission has been working with S taff from the Parks & Recreation and Engineering Departments to advance the progress on the design phase of this Project.
STAFF ANALYSIS:
Staff issued a Request for Proposals (RFP) for Professional Design Services to solicit proposals from qualified design firms who specialize in these services. By requesting RFP’s periodically, the City positions itself to work with the most qualified firms at competitive pricing. The requested RFP was written to ensure that the selected firm has demonstrated successful experience and capacity to provide professional design services to municipal government agencies similar to those required by the City.
On May 3, 2023, the RFP was published and made available to firms through PlanetBids.
Proposals from the following 4 firms were received:
C2 Collaborative San Clemente, CA
David Volz Design Landscape, Inc. Costa Mesa, CA
Kimley-Horn and Associates, Inc. Orange, CA
PBLA Engineering, Inc. Irvine, CA
Following a review of the proposals by a selection committee, Kimley -Horn and Associates, Inc. was identified for selection. A complete copy of each firm’s proposal is available for review in the Engineering Services Department. Staff recommends that the City Council approve a Professional Services Agreement with Kimley -Horn and Associates, Inc. The agreement is included as Attachment B.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects Item 1S - Page 2
City Council Staff Report
July 24, 2023 – Page 3
Demuth Park Pickleball Expansion, CP No. 22-24
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 ( c), Staff has determined that the Demuth Park Pickleball Expansion Project is considered categorically exempt from CEQA and a Notice of Exemption was filed with the Riverside County Clerk.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority “Community Infrastructure,” specifically 2A, Improve City Facilities.
It also m eets General Plan Conformance: Recreation, Open Space & Conservation Element Goal RC1: Provide sufficient park, trail, and recreational facilities that meet th e diverse needs of residents and visitors.
FISCAL IMPACT
:
Sufficient funds are budgeted and available through the Measure J Fund.
REVIEWED BY
:
Director of Parks & Recreation: Yvonne Wise
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form
B. Professional Design Services Agreement
Item 1S - Page 3
Attachment A
Item 1S - Page 4
1 ATTACHMENT “E”
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
____________________________________________
Officer Director Member Manager
[name]
General Partner Limited Partner
Other _________________________________
____________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _________________________________
____________________________________________
Officer Director Member Manager
[name]
General Partner Limited Partner
Other _________________________________
73-700 Dinah Shore Drive, Unit 101, Palm Desert, CA 92210 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Kimley-Horn and Associates, Inc.
North Carolina
See attached Principal Officers and Directors
list for Kimley-Horn and Associates, Inc.
Item 1S - Page 5
r-
-
✓ -
✓
~
-
I
2 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed
Name, Title
Date
Associates Group Services, Inc.
100%, Kimley-Horn and Associates, Inc.
APHC, Inc.
100%, Associates Group Services, Inc.
APHC has no owners/investors with 5%
beneficial interest
Jean B. Fares, Sr. Vice President
June 9, 2023
Item 1S - Page 6
------- ------
-------- ------
PRINCIPAL OFFICERS:
Names/Titles Business Address
Barry L. Barber, Chairman 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Steven E. Lefton, CEO, President 11400 Commerce Park Drive, Suite 400, Reston, VA 20191
Richard N. Cook,
Senior Vice President, Secretary
421 Fayetteville Street, Suite 600, Raleigh, NC
27601
Tammy L. Flanagan,
CFO, Senior Vice President
421 Fayetteville Street, Suite 600, Raleigh, NC
27601
David L. McEntee, Vice President, Treasurer,
Assistant Secretary
421 Fayetteville Street, Suite 600, Raleigh, NC
27601
DIRECTORS:
Names/Titles Business Address
Barry L. Barber, Chairman 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Stephen W. Blakley, Jr., Senior Vice President 200 South Tryon Street, Suite 200, Charlotte, NC 28202
Scott W. Colvin, Senior Vice President 4582 South Ulster Street, Suite 1500, Denver, CO 80237
William E. Dvorak, Jr., Senior Vice President 111 West Jackson Boulevard, Suite 1320, Chicago, IL 60604
Tammy L. Flanagan, Senior Vice President 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Ashley M. Frysinger, Senior Vice President 11700 Katy Freeway, Suite 800, Houston, TX 77079
Brian A. Good, Senior Vice President 445 24th Street, Vero Beach, FL 32960 Jennifer L. Harry, Senior Vice President 401 B Street, Suite 600, San Diego, CA 92101 Joseph D. Kaltsas, Senior Vice President 401 B. Street, Suite 600, San Diego, CA 92101 Steven E. Lefton, CEO, President 11400 Commerce Park Drive, Suite 400, Reston, VA 20191
Brent H. Mutti, Senior Vice President 1001 West Southern Avenue, Suite 131, Mesa, AZ 85210
Aaron W. Nathan, Senior Vice President 13455 Noel Road, Suite 700, Dallas, TX 75240 Kevin M. Schanen, Senior Vice President 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411
Item 1S - Page 7
Kimley>>> Horn
Attachment B
Item 1S - Page 8
Revised 4.13.23 Page 1 of 22
PROFESSIONAL SERVICES AGREEMENT
DEMUTH PARK PICKLEBALL EXPANSION PROJECT 22-24
THIS PROFESSIONAL SERVICES AGREEMENT ( “Agreement”) is
entered into, and effective on July__, 2023, between the CITY OF PALM SPRINGS , a California charter city and municipal corporation, (“City”) and Kimley-Horn and Associates, Inc, a California corporation, (“Consultant”). C ity and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a Designer, for the Demuth Park Pickleball Expansion Project 22-24 (“Project”).
B. Consultant has submitted to City a proposal to provide Design Services, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in considerat ion of the promise s 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. SERVICES OF CONSULTANT
1.1 Scope of Services
. In compliance with all terms and condi tions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”) , which is attached and incorporated herein by this reference. As a material inducement t o the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high qualit y, experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents
. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the C ity’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant ’s Proposal”), (collectively referred to as the “Contract Documents” ). The City’s Request for Item 1S - Page 9
Revised 4.13.23 Page 2 of 22
Proposals and the Consultant ’s Proposal, which a re both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Con sultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and t he Consultant ’s Proposal shall be b inding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be de termined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal ; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law . Consultant warrants that all S ervices rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes , ordinances lawful orders, rules, and regulations. Consultant shall be liable for all viola tions of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments
. Consultant represents and warrants
to City that it has obtained all licenses, permits, qualificatio ns, and approvals of whatever nature that are legally requi red to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at al l times during the term of this Agreement, any license, per mit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments , and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessmen ts, taxes penalties, or interest lev ied, assessed, or imposed against City to the full est extent permitted by law.
1.5 Familiarity with Work
. By executing this Agreement , Consultant warrants that Consultant (a) has thoroughly investiga ted and considered the Scope of Services to be performed, (b) has carefully considered how the S ervices should be performed, and (c) fully understands the facilities, difficulties , and restrictions attending performance of the Services under this Agreement . If the Services involve work upon any site, Consult ant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discove r any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work
. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the W ork and the equipment, materials, papers, documents, plans, studies , and/or other components to prevent losses or da mages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Item 1S - Page 10
Revised 4.13.23 Page 3 of 22
1.7 Further Responsibilities of Parties . P arties agr ee to use reasonabl e care and diligence to perform the ir respective obligations under this Agreement. P arties agree to act in good faith to execute all instruments, prepare all documents , and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must al so be approved in writing by the Consultant. Any increase in compensation of up to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the Cit y Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is exp ressly understood by Consultant that the provisions of this s ection shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the S ervices rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Three Hu ndred Thousand Dollars, ($300,000.00) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit “B.” C ompensation for necessary expenditures for reproduction costs, telephone expen ses, and transpor tation expense s must b e app roved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include th e attendance of Co nsultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any inc rease in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identifi ed in the Scope of Services may be more costly and/ or time -consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. If the City’s Maximum Contract Amount is reached before the Consultant’s S ervices under this A greement are completed, Consultant shall complete the Work and C ity shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Pa yment
. Unless an other method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant an d accompanied by such Item 1S - Page 11
Revised 4.13.23 Page 4 of 22
reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments t o Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of 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 Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to th e City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence
. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Co nsultant shall p rosecute regularly and dilig ently the Work of this Agreement according to the agreed upon attached Schedule of Performance ( Exhibit “ B”), incorporated herein by this reference. Neither Party shall be accountable for delays in performance c aused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
3.2 Schedule of Performance
. Consultant shall commence the S ervices under this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time p eriod(s) specified in the S chedule of Performance may be approved in writing by the C ontract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure
. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement o f the Forc e Majeure Event. A For ce Majeure Event shall mean an event that materially affects the Consultant ’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); Item 1S - Page 12
Revised 4.13.23 Page 5 of 22
and (4) pandemics, epidemics or quarantine restrictions . For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in i ts capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such del ay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithsta nding the foregoing, the Cit y may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.4 Term
. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full f orce and effect for a period of two years , commencing on July 3, 2023, and ending on July 3, 2025, unless extended by mutual written agreement of the Parties. However, the term shall not exceed three (3 ) year s f rom the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above.
3.5 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 Consu ltant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termi nation, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
4. COORDINATION OF WORK
4.1 Representative of Consult ant
. The following princ ipal of Consultant is
designated as being the principal and representative of Consultant authorized to act i n its behalf and make all decisions with respect to the Services to be performed under this Agreement:
_________________ [I NSERT NAME ], ____________ [ INSERT TITLE]. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal sh all be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the S ervices performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer") . Consultant shall be responsible for keeping the Contract Officer Item 1S - Page 13
Revised 4.13.23 Page 6 of 22
fully informed of the progress of th e perf ormance of the Services. Consultant 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.
4.3 Prohibition Against Subcontract ing or A ssignments. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or enti ty to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract a ny par t of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City.
All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in thi s Agreement m ay be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unappr oved transfer , inc luding any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant
. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its of ficers, employees, and ag ents sha ll act in a n independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Cons ultant’s exclusive direct ion and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its of ficers, employees, or agent s shal l not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing thei r number, compens ation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limi ted to s ocial security income tax withholding, unemployment compensation, workers ’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
Item 1S - Page 14
Revised 4.13.23 Page 7 of 22
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefit s shall be available to C onsultant, its offi cers, employees, or agents in connection with any pe rformance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consulta nt for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any cour t or governmental agency determines that the City has financial obligations, other than under S ection 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements
.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which r equire t he pa yment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “pub lic works” or “maintenanc e” proje ct, as def ined 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, Consultant agrees to fully comply with such Prevailing Wage L aws. Consultant 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 fa ilure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant 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 appr entices (Labo r Cod e 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 Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant 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 Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance . Consultant shall procure and maintain, at its sole cost and Item 1S - Page 15
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expense, the insurance described herein . The insurance shall be for the duration of this Agreement and includes any extensions , unless otherwi se sp ecified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the W ork or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissi ons Insurance
. Co nsultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less t han one million dollars ( $1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either : (a ) certify in writing to the City that Consultant is unaw are of any professional l iability claims ma de against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a ), Consultant shall procure from the professiona l liability insurer an en dorsement pro viding that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “cl aims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this per iod, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap i n cove rage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the even t the polic y of i nsurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whicheve r is later. In the event of termination of t he policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance
. Consultant shall obt ain and maintain,
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in full force and effect throughout the term of this Agreement, w orkers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consult ant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if a ny, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insuran ce
. Consultant shall obt ain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a t least one million dollars ($1,000,000.00) and two mill ion doll ars ( $2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultant s, broad form property damage, products and completed operations.
D. Business Automobile Insurance
. C onsultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance
. Consultant shall obtain and maintain, in
full force and effect throughout the term o f thi s Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions
. Any ded uctibles or self-insured
retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantee s payment of all deductibles and sel f-insured retentions . Ci ty reserves the ri ght to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s abi lity to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements . The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council me mbers, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, Item 1S - Page 17
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including breaches of warranties, shall not af fect cov erage provi ded to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period) , unless the endor sement h as fi rst b een submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation im poses no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu o f required endorsement s, and submittal of certifi cates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsul tants, and any othe r parties involved with the Project who are brought onto or involved in the P roject by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes a ll res ponsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultant s and others engaged in the P roject will be submitted to the City for review.
G. Cons ultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement , have been renewed or replaced with other policies providing at least the same cover age. Pr oof that such coverage has been ordered shall be submitted prior to expiration. E ndorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days pr ior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements , or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not Item 1S - Page 18
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intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other se ctions and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of t he Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this s ection shall not be construed as limiting in any w ay th e extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 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++, C lass VII, or bette r, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage.
Consultant shall furnish City with both certificates of insurance and endorsements, includin g addi tional ins ured 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 Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Error s and Om issions an d 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 Co verage 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).
Item 1S - Page 19
Revised 4.13.23 Page 12 of 22
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 Cer tificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Work ers’ 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 Spri ngs sh all b e nam ed 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 bi nd coverage, whe ther 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 Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Ind emnified P arties”), 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 ( Consultant’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 Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’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 const rued to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant ’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.
6.2 Design Professional Services Indemnification and Reimbursement . If
Consultant’s o bligation to defen d, indemnify, and/or hold harmless arises out of Consultant ’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 f ully incorporated herein, Consultant’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 Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining Item 1S - Page 20
Revised 4.13.23 Page 13 of 22
a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records . Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to prope rly perform the Services required by this Agreement and to 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.
7.2 Reports
. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For t his reason, Consultant agrees that Consultant shall promptly notify the Contr act Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the S ervices. I f Consultant is providing design services, Consulta nt sha ll promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will mat erially increase or decre ase the cost of the design services.
7.3 Ownership of Documents . All drawings, specifications, reports, records, documents, memoranda, correspondence, computations , and other materials prepared by Consultant, its employees, subConsultants, and agents in t he per formance o f this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional c ompensation as a r esult of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall ha ve an unrestricted right to use the co ncepts embodied tin this Agreement . Consultant shall ensure that all its sub Consultants shall provide for assignment to City of any documents or materials prepared by them . In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement s hall not be released publ icly without the p rior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’ s pri or written authorization.
Item 1S - Page 21
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7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’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 Consultant’s performance under this Agreement . Consultant shall maintain such books, records, data , and do cuments in ac cordance 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 da te of final payment by City hereunder.
8. E NFORCEMENT OF AGREEMENT
8.1 California Law and Venue
. This Agreement shall be construed and interpreted
both as to validity and as 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 C ounty, and Co nsultant covenants and agre es to submit to the personal jurisdiction of such court in the event of such action.
8.2 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 Partie s. The terms of t his 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 ambiguit ies are to be construed aga inst the dr afting 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.
8.3 Default of Consultant
. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consult ant i s in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may de signate, to cure the defaul t by r endering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice a nd without pr ejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this s ection shall no t constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.5.
B. If termination is due to the fa ilure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section Item 1S - Page 22
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8.3A, take over the work and prosecute the same to completion by contract or otherwise . T he Consultant shall be liable to th e extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages) . The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver
. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of a ny cov enant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance wit h any of the covenants, c onditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative
. Except with res pect to rights and remedi es
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action
. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, corre ct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees
. In the event any dispute between the Part ies 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 consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dis missal by the plaintiff or petitioner of the litigation or non -judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees
. No officer or employee of the
City shall be personally liable to the Consultant , or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest
. Consultant acknowledges that no officer or employee of the Item 1S - Page 23
Revised 4.13.23 Page 16 of 22
City has or shal l have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant 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.
9.3 Covenant Against Discrimination
. In connection with its performance under
this Agreement, Consultant s hall n ot di scriminate 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, cultura l or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termin ation; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, r elating to non- discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement . To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. I t is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale a rising out of the perform ance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or c laim a nd given a uthority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant w ill n ot indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a del iverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall Item 1S - Page 24
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not be obligated to indemnify City under any s ettlement that is m ade without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires , or is required to give to t he other party o r any other person shall be in writing. All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with atta ched evidence of completed transmission . All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) bu siness days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e -mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City
: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: ___________________________
___________________________
___________________________
Attention: __________________
Telephone: _________________
Facsimile: __________________
10.3 Integrated Agreement
. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modif ications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability
. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicabl e law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating th e reminder of that provision, or the remaining provisions of Item 1S - Page 25
Revised 4.13.23 Page 18 of 22
this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Int erest
. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary .
Except as may be expressly provided for in this
Agreement, nothing contained i n this Agreement is inten ded 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.
10.7 Recitals
. The above-referenced Reci tals are h ereby 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.
10.8. Corporate Authority
. Each of the unde rsigned represents and warrants that (i ) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the P arty for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the P arty for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in R esponse to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C ” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
Item 1S - Page 26
Revised 4.13.23 Page 19 of 22
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND KIMLEY-HORN AND ASSOCIATES, INC.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1S - Page 27
Revised 4.13.23 Page 20 of 22
EXHIBIT “A”
SCOPE OF SERVICES
Item 1S - Page 28
Revised 4.13.23 Page 21 of 22
EXHIBIT “B”
SCHEDULE OF COMPENSATION
Item 1S - Page 29
Revised 4.13.23 Page 22 of 22
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all a gencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refra in from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the t arget of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities an d indi viduals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor.
This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1S - Page 30
CITY COUNCIL STAFF REPORT
07/24/2023
SUBJECT:
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM
SPRINGS PLAZA THEATRE FOUNDATION FOR MANAGEMENT, OPERATION,
AND ENTERTAINMENT PRODUCTION SERVICES FOR THE HISTORIC PLAZA
THEATRE
RECOMMENDATION:
Approve Agreement for Management, Operation, and Entertainment Production Services for the Historic Plaza Theatre between City of Palm Springs and The Palm Springs Plaza Theatre Foundation;
1. Authorize the City Manager to execute said Agreement, as well as any minor changes to the Agreement acceptable to the City Manager and City Attorney.
2. Attachments
Item 1T
CITY COUNCIL STAFF REPORT
DATE: JULY 24, 2023 CONSENT CALENDAR
SUBJECT: AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM
SPRINGS PLAZA THEATRE FOUNDATION FOR MANAGEMENT,
OPERATION, AND ENTERTAINMENT PRODUCTION SERVICES FOR
THE HISTORIC PLAZA THEATRE
FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY
:
The City of Palm Springs acquired the Historic Plaza Theatre from the City’s Community Redevelopment Agency in 2015. At that time, the transfer was approved by the State Department of Finance, with the understanding that the Theatre has a historic designation and cannot be demolished. The State further understood that the City would assume financial responsibility after the acquisition and would secure a new operator, with conditions that the Theatre will be maintained as a historic structure and performing arts venue.
This agenda item provides the City Council with the opportunity to contract with the Palm Springs Plaza Theatre Foundation, in order for the Foundation to operate and maintain the Theatre, including through the selection and retention of a professional theatre management firm, as contemplated by the City Council’s prior approvals.
RECOMMENDATION:
1. Approve Agreement for Management, Operation, and Entertainment Production Services for the Historic Plaza Theatre between City of Palm Springs and The Palm Springs Plaza Theatre Foundation;
2. Authorize the City Manager to execute said Agreement, as well as any minor changes to the Agreement acceptable to the City Manager and City Attorney.
BUSINESS PRINCIPAL DISCLOSURE
:
The Palm Springs Plaza Theatre Foundation is a non- profit corporation, which means that it has no owners. According to the California Secretary of State’s website, the Foundation’s CEO is listed as J.R. Roberts, its Secretary is Rick Vila, and its Chief Financial Officer is listed as Mark Hamilton.
Item 1T - Page 1
City Council Staff Report
July 24, 2023 -- Page 2
Agreement for Management, Operation and Entertainment Production Services – Plaza Theatre
BACKGROUND:
The City of Palm Springs acquired the historic Plaza Theatre, located at 128 S. Palm Canyon Dr. , from the City’s former Redevelopment Agency in 2015. At the time, the California Department of Finance (DoF), which has authority over the disposition of former Redevelopment Agency properties, approved the conveyance of the Theatre to the City with the u nderstanding that the Theatre has a historic designation and cannot be demolished. (Attachment 1) The DoF specifically required that the City secure a new operator with conditions that the property will be maintained as a historic structure and performing arts venue.
In June of 2019, the City Council renewed its commitment to fundraising for the Theatre, by adoption of Resolution No. 24614. (Attachment 2) That Resolution committed to the formation of a Fundraising Steering Committee in order to facilitate fundraising efforts, while at the same time committed to allowing the Theatre to be used by the Palm Springs International Film Festival during the period of the annual Film Festival during the first two weeks of each January, upon completion of the Theatre’s restoration.
In late 2019, a group of local residents, led by then-Councilmember J.R. Roberts, began a fundraising campaign, in order to raise funds for the restoration of the historic Plaza Theatre. Following a slowdown in fundraising caused by the COVID -19 pandemic, the fundraising efforts resumed, including a very generous October 2021 pledge by David Lee in the amount of $5,000,000. Also in October of 2021, with the assistance of the City, the Palm Springs Plaza Theatre Foundation, a 501(c)(3) organization, was formed in order to fundraise and fund for the restoration, maintenance and operation of the Theatre.
On January 27, 2022, the City Council approved a Memorandum of Understanding with the Foundation. ( Attachment 3) The focus of that MOU was to provide for the general co-operation of the parties in fundraising for the Theatre restoration. 1 In addition, at the
January 27 , 2022 City Council meeting , Mr. Roberts announced a pledge of up to $2,000,000 if matched by the City.
On April 7, 2022, the City Council approved a Gift Term Sheet between the City, the Foundation and the David Lee Foundation, providing for certain terms and conditions that those parties agreed to, regarding the Plaza Theatre and Mr. Lee’s donation. (Attachment 4) One of those terms provides that, once completed, the Theatre would be professionally managed by a professional theatre manager.
Finally, the construction bids for the restoration of the Theatre have been put out to bid, and it is expected that the Council will be in a position to award a contract for the restoration of the Theatre in September of 2023. Completion of the restoration project is expected in the Fall of 2024.
1 On June 30, 2022, the City and Foundation entered into a First Amendment to their MOU, to specify the processes for the procurement of the design professionals and construction companies for the restoration.
Item 1T - Page 2
City Council Staff Report
July 24, 2023 -- Page 3
Agreement for Management, Operation and Entertainment Production Services – Plaza Theatre
STAFF ANALYSIS:
The proposed Management Agreement (Attachment 5) will provide for the management and operation of the Theatre by a professional theatre management firm, in a manner consistent with past actions taken by the City Council for the historic Plaza Theatre .
Although the Management Agreement is between the City and the Foundation, it is expected that the Foundation would contract with a professional management firm to actually oversee the day -to-day operations of the Theatre. This arrangement has the benefit of bringing the Foundation’s passion for the Theatre with the expertise of a professional theatre management firm.
Below are some of the more significant deal points contained in the proposed Management Agreement:
• Ten (10) year term, beginning on January 1, 2024 through December 31, 2033. • The Foundation, through a professional theatre management firm, would assume responsibility for the operation and maintenance of the Theatre. • The Foundation would pay for all costs associated with managing and operating the Theatre, with some exceptions (i.e., major repairs, property insurance, alarm monitoring). The Agreement anticipates the Foundation (or its Management Firm) using the funds generated from the Theatre to pay for the costs of managing and operating the Theatre. The Foundation has advised City staff that any excess proceeds would be put into an endowment fund for the benefit of the Theatre. • The Agreement provides that the Foundation (or its professional Theatre Management firm) will be responsible for the payment of utility costs associated with the operation of the Theatre. The Foundation has requested that the City be responsible for these costs.
• The Foundation would have to ensure the booking of at least fifty -two (52) performance days per year.
• The City would remain responsible for major repairs, i.e., HVAC, roof, exterior improvements, etc.
• The City would be authorized to use the Theatre for City Uses, such as City governmental purposes (Council/Commission meetings, town hall meetings, etc.); governmental meetings of other local public agencies, such as the School District, Desert Water Agency, etc.; and meetings or events held by non- profits that are sponsored by the City (such as the annual State of the City event, produced by the City and Chamber of Commerce). The City would be responsible for any actual and reasonable expenses incurred in such use, such as food and beverages, as well as any costs incurred by the Foundation (or the Management firm) for staffing such events, including sound and lighting. The City would be entitled to eighteen (18) days of such use each year.
• The Palm Springs International Film Festival will be entitled to use the Theatre during the first two weeks of January of each year. The Foundation would be entitled to charge the Film Festival for such use, but the Foundation’s charges to Item 1T - Page 3
City Council Staff Report
July 24, 2023 -- Page 4
Agreement for Management, Operation and Entertainment Production Services – Plaza Theatre
the Film Festival would have to be at the lowest tier that the Foundation charges any other users for the Theatre’s use.
• Consistent with the David Lee Gift Term Sheet, the Theatre would be limited to no more than twenty-one (21) days of community theatre events. These could be, but don’t necessarily need to be, a “City Use” as defined above, i.e., other community users could ask the Foundation for permission to use the Theatre for their events. • The Foundation would provide regular reporting to the City of upcoming event s schedules.
This Agreement carries out the City’s goal of seeing this historic community asset preserved and used for the benefit of the community. The venue will provide Palm Springs residents and visitors with high quality theatrical entertainment, including concerts, chamber orchestra performances, film festivals, addresses, conventions, cabaret performances, booked acts, lectures, music festivals, ideas festivals, charity and fundraising events, and other theatrical performances.
As such, City staff recommends that City Council approve the accompanying agreement.
ENVIRONMENTAL IMPACT
:
This Agreement is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq.) (“CEQA”) because the proposed agreement provides for the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing public structure, involving negligible or no expansion of existing or former use. (CEQA Exemption 15301 (Class 1). ) City staff is authorized and directed to file a Notice of Exemption.
ALIGNMENT WITH STRATEGIC PLANNING:
The proposed Agreement aligns with the two main goals of the City’s Strategic Plan – Quality of Life and Community Infrastructure. The Agreement provides for the operation of a high-quality theatre, which will enhance the quality of life of Palm Springs residents and visitors. The Agreement also provides a mechanism for the funding of the operation and maintenance of this City asset.
FISCAL IMPACT
:
The proposed Agreement will have a positive fiscal impact to the City. With the restoration of the Theatre expected to occur in the next 12 to 15 months, the City will have an additional asset to operate, maintain and repair. This agreement reduces those fiscal responsibilities, by placing the costs of operation and maintenance on the Foundation.
The City would still be financially responsible for some costs, such as major repairs, property insurance, etc. However, those costs and expenses would occur even without this Agreement.
Item 1T - Page 4
City Council Staff Report
July 24, 2023 -- Page 5
Agreement for Management, Operation and Entertainment Production Services – Plaza Theatre
REVIEWED BY:
City Attorney: Jeffrey S. Ballinger
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
1. California Dept. of Finance Letter
2. Resolution No. 24614 (June 2019)
3. Memorandum of Understanding with Foundation (January 27, 2022)
4. David Lee Gift Term Sheet (April 7, 2022)
5. Agreement for Management, Operation and Entertainment Production Services for the Historic Plaza Theatre between City of Palm Springs and The Palm Springs Plaza Theatre Foundation
Item 1T - Page 5
ATTACHMENT 1
Item 1T - Page 6
Item 1T - Page 7
'-t4T 0,r
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111 Ill n 0 ,,,
.a,. DEPARTMENT OF' EDMUND G, BROWN JR, • GOVERNOR
~ .. ,FDll,a,,. F I N A N C E-----..,-1 s-L -l!I-TR_c_1;T_•_l!l_.a._C1_RA_M_E_NT_c_C_A_•--..,--5--a-,-4-.3=.,...,.0-.,-=--w-w-w-.0-a-.-.c-... -,q-cv January 9, 2015
Mr. John Raymond, Director of Community and Economic Development City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Raymond:
Subject: Approval of Oversight Board Action
The City of Palm Springs Successor Agency (Agency) notified the California Department of Finance (Finance) of its September 23, 2014 Oversight Board (OB) resolution on September 26, 2014. Pursuant to Health and Safety Code (HSC) section 34179 (h), Finance has completed its review of the OB action.
Based on our review and applicatlon of the law, OB Resolution No. 30, approving sale of the Plaza Theatre located at 128 South Palm Canyon Drive (Plaza Theatre} to the City of Palm Springs (City), is approved.
This property was listed on the Agency's Long-Range Property Management Plan (LRPMP), which was approved by Finance on March 25, 2014. The sale of the Plaza Theatre authorized with the OB resolution No. 30 is consistent with the disposition of the property approved In the LRPMP.
In addition, our approval is based on our understanding that the Plaza Theater has a historic designation and cannot be demollshed. The City will assume the financial responsibility of the renovations after the acquisition and will secure a new operator with conditions that the property will be maintained as a historic structure and performing arts venue.
Please direct inquiries to Beliz Chappuie, Supervisor, or Satveer Ark, Lead Analyst at (916) 445-1546.
cc: Mr. Geoffrey Klehl, Director of Finance, City of Palm Springs Ms. Pam Elias, Chief Accountant Property Tax Division, Riverside County Ms. Elizabeth Gonzalez, Bureau Chief, Local Government Audit Bureau, California State Controller's Office
California State Controller's Office
Item 1T - Page 8
RESOLUTION NO. 30
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY APPROVING THE SALE OF THE PLAZA
THEATRE LOCATED AT 128 SOUTH PALM CANYON
DRIVE TO THE CITY OF PALM SPRINGS UNDER THE
PROVISIONS OF THE LONG-RANGE MANAGEMENT
PLAN
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs ("Redevelopment Agency") was a redevelopment agency in the City of Palm Springs ("City"), duly created pursuant to the California Community Redevelopment Law (Part 1 {commencing with Section 33000} of Division 24 of the California Health and Safety Code) ("Redevelopment Law''): and
WHEREAS, AB X1 26 and AB X1 27 were signed by the Governor of California on June 28, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 {commencing with Section 34170) to Division 24 of the California Health and Safety Code which dissolves the Redevelopment Agency ("Dissolution Act''); and
WHEREAS, under the Dissolution Act, the term "successor agency'' was defined to refer to the dissolved redevelopment agency's sponsoring community (the city, county or city and county that formed the Dissolved RDA), unless the sponsoring community adopted a resolution electing not to serve in that capacity; and WHEREAS, pursuant to Health & Safety Code Section 34191.5(b), successor agencies are required to send long-range property management plans to the oversight board and State Department of Finance no later than six months following the issuance of the finding of completion; and
WHEREAS, staff and consultants to the Successor Agency of the Palm Springs Community Redevelopment Agency prepared a Long Range Property Management Plan, in accordance with the provisions of Section 34191.3 of the Dissolution Act, indicating the intended disposition and use of the real property assets of the former Redevelopment Agency; and
WHEREAS, The Successor Agency received its finding of completion from DOF on January 2, 2014; and
WHEREAS, pursuant to Health & Safety Code Section 34191.S(b), the long-Range Property Management Plan was submitted for review and approval to the Oversight Board and Department of Finance on December 16, 2013; and Item 1T - Page 9
Resolution No. 30
Page2
WHEREAS, in its review of the LRPMP, the DOF required the Successor Agency to assign the Carrying value to each property, but did not object to the Successor Agency retaining the option of appraising each property to determine the true market value of the property prior to an individual sale; and
WHEREAS, in June, 2014, the City hired Capital Realty Analysts of La Quinta, California to undertake an appraisal of the property, and the appraiser concluded that based on a number of unique market and site conditions, the Plaza Theatre's value Is $1.00.
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AS FOLLOWS:
Section 1. The Oversight Board hereby finds and determines that the foregoing recitals are true and correct, and incorporates them herein by reference.
Section 2. The Oversight Board approves the sale of Property No. 7 in the Long Range Property Management Plan, the Plaza Theatre, to the City of Palm Springs for the appraised value of $1.00.
Section 3. At such time as the Successor Agency receives proceeds from the sale of the property, the Successor Agency shall comply with applicable statutes regarding the distribution of tf:\ese proceeds to the County Auditor Controller for dissemination to the affected taxing agencies.
Section 4. This Resolution shall take effect three business days after its adoption.
ADOPTED THIS 23"' DAV OF SEPTEMBER, 2014. ~ ~
=a=n=,..-
ATTEST:
~·~~
aver:lght Board Clerk/Secretary
MES THOMPSON, City Clerk
Item 1T - Page 10
Resolution No. 30
Page3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
CERTIFICATION
r, James Thompson, Secretary of the Oversight Board of the Successor Agency of the Palm Springs Community Redevelopment Agency hereby certify that Resolution No. 30 was adopted by the Oversight Board at a Special Meeting held on the 23rd day of September, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAlN:
Board Member Foat, Board Member Ready, Board Member Van Hom, and Chair Flavin
None
Board Member Arthur, Board Member Marshall, and Vice Chair Howell None
~MES THOMPSON, CLERK/SECRETARY
ATTACHMENT 2
Item 1T - Page 11
Item 1T - Page 12
RESOLUTION NO. 24614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE CITY
COUNCIL'S COMMITMENT TO THE RESTORATION OF
HISTORIC PLAZA THEATER AND DEDICATING FUTURE
USE OF THE THEATER FOR THE PALM SPRINGS
INTERNATIONAL FILM FESTIVAL.
WHEREAS, the Plaza Theater, located at 128 S. Palm Canyon Drive, was originally constructed in 1936, opening on December 12, 1936; and WHEREAS, on November 6, 1991 , the Palm Springs City Council adopted Resolution No. 17678 establishing the Plaza Theater as a Class I Historic Site; and WHEREAS, on September 15, 2015, the sale of the Plaza Theater to the City of Palm Springs was approved, subject to the conditions that: (1) due to the Class I Historic Site designation it will not be demolished; and (2) the City of Palm Springs assumes financial responsibility for its renovations; and
WHEREAS, the Palm Springs City Council now wishes to assist in the restoration of the Plaza Theater in order to deliver back to the City of Palm Springs a historic building of cultural and architectural significance that has fallen into disrepair and is deteriorating; and
WHEREAS, the Palm Springs City Council acknowledges that a restored Plaza Theater will add tremendous value to the City of Palm Springs by providing a historic and intimate venue that will accommodate all types of cultural offerings, including live performances, film screenings, educational offerings, lecture series, and so much more; and
WHEREAS, on April 4, 2018, the Palm Springs City Council authorized a feasibility and concept design study of the Plaza Theater, which estimated costs for repairs and rehabilitation of the Plaza Theater in the range of $10 million to $12 million; and WHEREAS, the purpose of this Resolution is to (1) commit to fund raising for the restoration of the Plaza Theater, including the formation of a Fundraising Steering Committee; and (2) dedicate future use of the Plaza Theater for The Palm Springs International Film Festival.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Item 1T - Page 13
Resolution No. 24614