12.10. Independent Contractors. The parties are entering into, and will perform, this Agreement as independent contractors. Nothing in this Agreement will be construed to make either party the agent of the other for any purpose whatsoever, to authorize either party to enter into any contract or assume any obligation on behalf of the other or to establish a partnership, franchise or joint venture between the parties.
12.11. Third Parties. Customer is solely responsible for, and none of the fees set forth herein shall be deemed to cover, any amounts owed to third parties in connection with the use of the ASP Services. If Customer engages a third-party provider (“Third Party Provider”) to deliver products or services, including without limitation software, integrated into or receiving data from or accessing the ASP Services (“Third Party Products or Services”), Customer represents, warrants and agrees that: (i) ZOLL shall have no liability, and makes no representation, with respect to such Third Party Products or Services; and (ii) the Third Party Provider shall not be an agent of ZOLL. To the extent the ASP Services or Software contains software owned by a third party for which ZOLL has a license agreement with a third party, the ASP Services and Software and all rights granted hereunder are expressly limited by and subject to any license agreements ZOLL may have for such software.
12.12. Force Majeure. Neither party shall be liable for damages for any delay or failure of performance hereunder (other than payment obligation) arising out of causes beyond such party’s reasonable control and without such party’s fault or negligence, including, but not limited to, failure of its suppliers to timely deliver acceptable parts or services, any act or omission of Customer that interferes with or impedes ZOLL’s performance hereunder, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures (a “Force Majeure Event”).
12.13. Entire Agreement; Amendment; No Third Party Beneficiaries; Survival. This Agreement, which may be accepted by performance, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral, except agreements at zollonline.com. Any other representation or agreement, whether written or oral, including but not limited to any purchase order issued by Customer, shall be wholly inapplicable to the Software and Services and shall not be binding in any way on ZOLL. This Agreement may not be amended or changed or any provision hereof waived except in writing signed by both parties. Any different or additional terms in any purchase order, confirmation or similar form issued or otherwise provided by Customer but not signed by an authorized representative of ZOLL shall have no force or effect. There are no third party beneficiaries of this Agreement.
Those provisions of this Agreement that may be reasonably interpreted as surviving termination of this Agreement or the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the termination hereof including, but not limited to, Section 7 (Confidentiality), Section 8 (Indemnification), Section 9 (Limitation on Liability), Section 10 (Ownership), Section 11.3 (Effects of Termination) and Section 12 (General Provisions). This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument.
13. HIPAA. This Section 13 applies if and to the extent that ZOLL creates, receives, maintains or transmits, directly or indirectly, any protected health information of Customer (“PHI”) in the course of providing Software or Services to Customer. Capitalized terms used but not defined in this Section 13 have the meanings assigned to them elsewhere in the Agreement or, if not defined therein, as defined in the Health Insurance Portability and Accountability Act of 1996 (P.L. 104 191), 42 U.S.C. Section 1320d, et seq., and regulations promulgated thereunder, as amended from time to time (such statute and regulations collectively referred to as “HIPAA”). “Covered Entity” as used herein means Customer. “Business Associate” as used herein means ZOLL. The purpose of this Section 13 is to comply with 45 C.F.R. §164.502(e) and §164.504(e), governing PHI and business associates under HIPAA
13.1. Applicability. This Section 13 applies if and to the extent that Business Associate creates, receives, maintains or transmits, directly or indirectly, any PHI in the course of providing Software or Services to Covered Entity.
13.2. Compliance and Agents. Business Associate agrees that, to the extent it has access to PHI, Business Associate will fully comply with the requirements of this Section 13 with respect to such PHI. Business Associate will ensure that every agent, including a subcontractor, of Business Associate to whom it provides PHI received from, or created or received by Business Associate on behalf of, Covered Entity will comply with the same restrictions and conditions as set forth herein.
13.3. Use and Disclosure; Rights. Business Associate agrees that it shall not use or disclose PHI except as permitted under this Agreement, and in compliance with each applicable requirement of 45 CFR Section 164.504(e). Business Associate may use or disclose the PHI received or created by it, (a) to perform its obligations under this Agreement, (b) to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement, or (c) to provide data aggregation functions to Covered Entity as permitted by HIPAA. Further, Business Associate may use the PHI received by it in its capacity as Business Associate, if necessary, to properly manage and administer its business or to carry out its legal responsibilities. Business Associate may disclose the PHI received by it in its capacity as Business Associate to properly manage and administer its business or to carry out its legal responsibilities if: (a) the disclosure is required by law, or (b) the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it is disclosed to the person and the person notifies Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by Covered Entity.
13.4. Safeguards. Business Associate agrees to develop, document, use, and keep current appropriate procedural, physical, and electronic safeguards, as required in 45 C.F.R. §§164.308 - 164.312, sufficient to prevent any use or disclosure of electronic PHI other than as permitted or required by this Agreement.
13.5. Minimum Necessary. Business Associate will limit any use, disclosure, or request for use or disclosure to the minimum amount necessary to accomplish the intended purpose of the use, disclosure, or request.
13.6. Report of Improper Use or Disclosure. Business Associate shall report to Covered Entity any information of which it becomes aware concerning any use or disclosure of PHI that is not permitted by this Agreement and any security incident of which it becomes aware. Business Associate will, following the discovery of a breach of “unsecured protected health information,” as defined in 45 C.F.R. § 164.402, notify Covered Entity of such breach within 15 days. The notice shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such breach. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this Agreement.
13.7. Individual Access. In accordance with an individual’s right to access to his or her own PHI in a designated record set under 45 CFR §164.524 and the individual’s right to copy or amend such records under 45 CFR §164.524 and §164.526, Business Associate shall make available all PHI in a designated record set to Covered Entity to enable the Covered Entity to provide access to the individual to whom that information pertains or such individual’s representative.
13.8. Amendment of and Access to PHI. Business Associate shall make available for amendment PHI in a designated record set and shall incorporate any amendments to PHI in a designated record set in accordance with 45 CFR §164.526 and in accordance with any process mutually agreed to by the parties.
13.9. Accounting. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to an individual’s request for an accounting of disclosures of their PHI in accordance with 45 CFR §164.528. Business Associate agrees to make available to Covered Entity the information needed to enable Covered Entity to provide the individual with an accounting of disclosures as set forth in 45 CFR §164.528.
13.10. DHHS Access to Books, Records, and Other Information. Business Associate shall make available to the U.S. Department of Health and Human Services (“DHHS”), its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity for purposes of determining the Covered Entity’s compliance with HIPAA.
13.11. Individual Authorizations; Restrictions. Covered Entity will notify Business Associate of any limitation in its notice of privacy practices, any restriction to the use or disclosure of PHI that Covered Entity has agreed to with an individual and of any changes in or revocation of an authorization or other permission by an individual, to the extent that such limitation, restriction, change, or revocation may affect Business Associate’s use or disclosure of PHI.
13.12. HITECH Act Compliance. Covered Entity and Business Associate agree to comply with the amendments to HIPAA included in the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), including all privacy and security regulations issued under the HITECH Act that apply to Business Associate.
13.13. Breach; Termination; Mitigation. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under this Section 13, Covered Entity and Business Associate shall take any steps reasonably necessary to cure such breach and make Business Associate comply, and, if such steps are unsuccessful, Covered Entity may terminate this Agreement. Business Associate shall take reasonable actions available to it to mitigate any detrimental effects of such violation or failure to comply.
13.14. Return of PHI. Business Associate agrees that upon termination of this Agreement, and if feasible, Business Associate shall (a) return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, that Business Associate has continued to maintain in any form or manner and retain no copies of such information or, (b) if such return or destruction is not feasible, immediately notify Covered Entity of the reasons return or destruction are not feasible, and extend indefinitely the protection of this Section 13 to such PHI and limit further uses and disclosures to those purposes that make the return or destruction of the PHI not feasible.
13.15. De-identified Health Information. Business Associate may de-identify any and all PHI and may create a “Limited Data Set” in accordance with 45 C.F.R. § 164.514(b) & (e). Covered Entity acknowledges and agrees that de-identified information is not PHI and that Business Associate may use such de-identified information for any lawful purpose. Use or disclosure of a Limited Data Set must comply with 45 CFR 164.514(e).
13.16. Survival. All representations, covenants, and agreements in or under this Section 13 shall survive the execution, delivery, and performance of this Agreement.
13.17. Further Assurances; Conflicts. Each party shall in good faith execute, acknowledge or verify, and deliver any and all documents which may from time to time be reasonably requested by the other party to carry out the purpose and intent of this Section 13. The terms and conditions of this Section 13 will override and control any expressly conflicting term or condition of the Agreement. All non-conflicting terms and conditions of the Agreement shall remain in full force and effect. Any ambiguity shall be resolved in a manner that will permit Covered Entity to comply with HIPAA. For the avoidance of doubt, a limitation on liability in the Agreement does not conflict with this Section 13.
13.18. Applicable Law. The parties acknowledge and agree that HIPAA may be amended and additional guidance or regulations implementing HIPAA may be issued after the date of the execution of this Agreement and may affect the parties’ obligations hereunder. The parties agree to take such action as is necessary to amend this Agreement from time in order as is necessary for Covered Entity to comply with HIPAA.
ATTACHMENT C
CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
APPROVE CONTRACT SERVICES AGREEMENT NO. 23B338 WITH MANSFIELD
POWER AND GAS, LLC FOR THE PURCHASE OF NATURAL GAS
RECOMMENDATIONS:
Approve Contract Services Agreement No. 23B338 with Mansfield Power and Gas, LLC, to provide natural gas for an amount not to exceed $597,872 for the period of January 1, 2024 through December 31, 2024; and,
1. 2. Authorize the City Manager or designee to execute all necessary documents.
Attachments
Item 1P
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 23B338 WITH
MANSFIELD POWER AND GAS, LLC FOR THE PURCHASE OF
NATURAL GAS
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:
This action will approve a one-year agreement with Mansfield Power and Gas, LLC, for the purchase of natural gas in an amount not to exceed $597,872.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 23B338 (Attachment A) with Mansfield Power and Gas, LLC, to provide natural gas for an amount not to exceed $597,872 for the period of January 1, 2024 through December 31, 2024; and,
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 October 24, 2023, Mansfield Power and Gas, LLC is registered in the states of Georgia and California.
BACKGROUND:
The City purchases natural gas to fuel the Municipal Co-Generation Plant at City Hall, which produces electricity and thermal energy (heating and cooling) for the Airport, Fire Station No. 2, City Hall, and Police Department, as well as electricity for the City Yard.
In order to ensure the City has fuel to operate the Municipal Co-Generation Plant, it is necessary to solicit bids from the wholesale natural gas commodity marketplace. The natural gas prices available on the open market vary depending on numerous hard-to foresee factors that affect both the structure and the duration of the pricing agreement.
Item 1P - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Award of Natural Gas Services Contract
Since the federal government de-regulated the wellhead price of natural gas in the mid1980’s, market forces (supply and demand) now set natural gas prices. Prices often change direction for often unpredictable reasons, such as weather changes, the economy, hurricanes (which can temporarily affect gas production in the Gulf of Mexico), oil prices, and more recently, expected demand for gas-fired electric generation, which is highly dependent on actual or forecasted summer weather. Historical natural gas price trends have shown lower contract prices in the late fall months; however, recent solicitations have reflected price increases from hurricane season causing damage or destroyed natural gas and petroleum refineries located in the Gulf Coast, resulting in price spikes.
The current natural gas purchase agreement secured a bid of $6.829 fixed/Dekatherm for an estimated 88,300 Dekatherms or $603,000.70 annually and expires December 31, 2023.
STAFF ANALYSIS:
An Invitation for Bids (IFB 23-43) was initiated by the City’s Procurement and Contracting Department on October 3, 2023, based on the Maintenance and Facilities Department specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the October 24, 2023, deadline as follows:
Vendor Bid
Mansfield Power and Gas, LLC, Gainesville, GA $597,872.00 Since only one bid was received, the pricing was analyzed by the Maintenance and Facilities Department and compared to prices paid in the past and was found to be fair and reasonable for the City.
Staff recommends approval of Contract Services Agreement No. 23B338 with Mansfield Power and Gas, LLC, for a one-year term in the amount not to exceed $597,872 effective January 1, 2024 through December 31, 2024. The pricing is reflective of a $6.952 fixed/Dth rate for an estimated 86,000 Dekatherms and is subject to usage adjustments.
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 Item 1P - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Award of Natural Gas Services Contract
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, authorizing the purchase of natural gas to operate the Municipal Co-Generation Plant is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 2A, Community Infrastructure – Improve City Facilities.
FISCAL IMPACT:
Sufficient funds are available in Fiscal Year 2023-24 and 2024-25 account 5503255- 50030.
REVIEWED BY:
Department Director: Lauri Aylaian
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Agreement No. 23B338
B. Public Integrity Disclosure
Item 1P - Page 3
ATTACHMENT A
Item 1P - Page 4
Revised 4.13.23 Page 1 of 22
CONTRACT SERVICES AGREEMENT 23B338
NATURAL GAS
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 municipal corporation (“City”), and Mansfield Power and Gas, LLC, a Georgia limited liability company, (“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 vendor to provide natural gas, (“Project”).
B. Contractor has submitted to City a bid to provide natural gas, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
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Revised 4.13.23 Page 2 of 22
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $597,872.00.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
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Revised 4.13.23 Page 3 of 22
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on January 1, 2024, and ending on December 31, 2024, unless extended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
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Revised 4.13.23 Page 4 of 22
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: Derek Betlejewski, Sr. Business Development Executive. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item 1P - Page 8
Revised 4.13.23 Page 5 of 22
without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Derek Betlejewski Sr. Business Development Executive
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses Item 1P - Page 9
Revised 4.13.23 Page 6 of 22
including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
Item 1P - Page 10
Revised 4.13.23 Page 7 of 22
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
Item 1P - Page 11
Revised 4.13.23 Page 8 of 22
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item 1P - Page 12
Revised 4.13.23 Page 9 of 22
writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Mansfield Power and Gas, LLC
Attention: Tammy Norman
1025 Airport Parkway SW
Gainesville, GA 30501
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
Item 1P - Page 13
Revised 4.13.23 Page 10 of 22
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.10 Compliance with Economic Sanctions in Response 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 1P - Page 14
Revised 4.13.23 Page 11 of 22
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND MANSFIELD POWER AND GAS, LLC
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 1P - Page 15
Revised 4.13.23 Page 12 of 22
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1P - Page 16
Revised 4.13.23 Page 13 of 22
1.1 Scope:
Historic Usage: Although the City’s natural gas supply requirements are traditionally very stable, there has been some fluctuation in gas usage in prior years due to conducting a series of tests or downtime for maintenance/repairs and engine replacement. The following table represents the actual amounts of natural gas in dekatherms that the City purchased during 2023 and 2022 for the Municipal Plant.
Actual / Estimated
Usage 2022
Core
13990757
Non-Core
12886051
Municipal Plant
Jan-22 693.40 3,745.00 4,438.40
Feb-22 867.20 3,398.90 4,266.10
Mar-22 672.50 4,199.80 4,872.30
Apr-22 401.40 6,766.50 7,167.90
May-22 - 8,035.20 8,035.20
Jun-22 1,848.30 7,937.40 9,785.70
July-22 2,466.00 7,501.40 9,967.40
Aug-22* 2,893.10 6,246.60 9,139.70
Sep-22* 3,060.70 3,996.60 7,057.30
Actual Usage
2023
Core
13990757
Non-Core
12886051 Municipal Plant
Jan-23 30.40 6,672.90 6,703.30
Feb-23 127.10 4,610.00 4,737.10
Mar-23 448.20 6,800.70 7,248.90
Apr-23 969.70 7,033.60 8,003.30
May-23 1,212.10 6,604.70 7,816.80
Jun-23 1,007.20 7,887.30 8,894.50
July-23 1,004.40 7,923.70 8,928.10
Aug-23 1,590.20 4,566.80 6,157.00
Sep-23* 598.60 7,800.90 8,399.50
Oct-23* 528.10 5,931.80 6,459.90
Nov-23* 456.70 7,275.00 7,731.70
Dec-23* 602.70 5,021.40 5,624.10
Plant Total (Dth) 83,559.88
Item 1P - Page 17
Revised 4.13.23 Page 14 of 22
Oct-22* 1,894.00 - 1,894.00
Nov-22* 196.00 6,737.60 6,933.60
Dec-22* 1,308.70 3,404.40 7,713.10
Plant Total (Dth): 78,270.70
*Notes estimated usage
Projected Usage for next 12-month period (January 2024 thru December 2024):
The projected amount of natural gas in dekatherms that the City will require during the next 12-month period is as follows: (These estimated amounts should be used for the basis of your quotation, however there may be maintenance downtime or other factors that could impact these projections)
Projected Usage
January - December
2024
Core
13990757
Non-Core
12886051
Municipal
Plant
Jan-24 1,000 4,200 5,200
Feb-24 700 3,400 4,100
Mar-24 1,200 4,000 5,200
Apr-24 1,100 4,700 5,800
May-24 1,000 7,300 8,300
Jun-24 2,000 7,800 9,800
July-24 2,200 8,000 10,200
Aug-24 2,600 6,800 9,400
Sep-24 2,000 6,200 8,200
Oct-24 1,400 5,800 7,200
Nov-24 500 6,500 7,000
Dec-24 1,100 4,500 5,600
Plant Total (Dth) 86,000
1.2 Purchase of Natural Gas:
The City’s gas is purchased and billed monthly, not in one tranche. Application for payment shall be submitted once per month, the Contractor shall submit to the City an invoice for services provided during the previous month.
The contract pricing shall allow for the City to consume as little as 90% of the contracted amount of as much as 110% of the contracted amount without penalty. Should the usage exceed this 10% threshold the incremental bandwidth factor will be applied to the price.
Item 1P - Page 18
Revised 4.13.23 Page 15 of 22
1.3 Delivery Point: SoCal Citygate
The contract pricing is BTS tariff “neutral”, such that any BTS tariff per Dth shall be charged according to the filed tariff rates at the time of delivery.
Item 1P - Page 19
Revised 4.13.23 Page 16 of 22
Item 1P - Page 20
ATTACHMENT G
BID FORM
INVITATION FOR BIDS (IFB 23-43)
NATURAL GAS
Responding to this IFB for natural gas j'.l"icing, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.
The Unit Pricing shall remain f,xed for the term of the contract.
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE SUBTOTAL
1 12-month f,xed price for natural 0th 86,000 $6.952 $597,872 gas
2 10% Bandwidth Incremental 0th $0.04
3 10% Bandwidth Decremental 0th ($0.01)
TOTAL (Enter this amount in PlanetBids) $597,872
Firm Name: Mansfield Power and Gas, LLC
Signature of Authorized Person: __ ~--"------"-- -r__,,. _____ _ Printed Name: Derek Betlejewski
Title: Sr. Business Development Executive
Date: October 24th, 2023
Revised 4.13.23 Page 17 of 22
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 1P - Page 21
Revised 4.13.23 Page 18 of 22
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___X_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1P - Page 22
Revised 4.13.23 Page 19 of 22
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
Item 1P - Page 23
Revised 4.13.23 Page 20 of 22
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1P - Page 24
Revised 4.13.23 Page 21 of 22
EXHIBIT “C”
RUSSIAN SANCTIONS CERTIFICATION
Item 1P - Page 25
Revised 4.13.23 Page 22 of 22
INSERT EXECUTIVE ORDER N-6-22 CERTIFICATION
Item 1P - Page 26
ATTACHMENT B
Item 1P - Page 27
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, 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 __________________________
25844 Business Center Drive, Suite K, Redlands, CA 92374 Mansfield Power and Gas, LLC
1025 Airport Parkway SW, Gainesville, GA 30501
Michael Mansfield Sr.
John Byrd
CEO
Tammy Norman
Item 1P - Page 28
I l
-
~
-
✓
-
✓
-
✓
✓
-
✓
L
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 Michael Mansfield Sr. 95%, Mansfield Energy Corporation October 20th, 2023
Derek Betlejewski, Sr. Business Development Executive
Item 1P - Page 29
CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2022-23
RECOMMENDATION:
Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2022-23.
Attachments
Item 1Q
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2022-23
FROM: Scott C. Stiles, City Manager
BY: Library
SUMMARY:
The City Council will receive and file the Palm Springs Board of Library Trustees Annual Report.
RECOMMENDATION:
1. Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2022-23.
BACKGROUND:
At their September 6, 2023 meeting, the Palm Springs Board of Library Trustees unanimously approved the Annual Report for Fiscal Year 2022-23. Pursuant to their Bylaws, the report is being submitted for City Council to receive and file.
REVIEWED BY:
Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Library Annual Report 2022-23
Item 1Q - Page 1
ATTACHMENT A
Item 1Q - Page 2
One of the biggest upcoming activities in our near future is the main library renovation. With the $6.5 Million Building Forward Infrastructure Grant from the California State Library, our City’s matching funds plus more from Measure J and the fundraising opportunity by our Palm Springs Public Library Foundation, we look forward to developing a renovation design that meets the needs of our community for years to come. The Infrastructure Grant covers much-needed basics like roof, windows, plumbing, electrical, HVAC replacement, fire sprinkler system, and ADA updates, among other things.
Fundraising and naming opportunities with our Library Foundation are available for those items or areas not covered by the grant. Naming opportunities could be available for various rooms in the library, a new theater-style event center, new study rooms or classroom spaces, or outdoor spaces like our public patios.
We cannot wait to start gathering community input and expect to have various input-gathering sessions. Be sure to sign up for our library newsletter to be alerted about these sessions. Our goal is to have something for everyone, and we need your help to shape the library for future generations in Palm Springs.
STATISTICS
AT-A-GLANCE:
PLEASE NOTE: We continue to see effects from
COVID-19 impacting our numbers as people
were cautious to return in person.
Palm Springs Public Library
PALM SPRINGS PUBLIC LIBRARY
2022-2023 ANNUAL REPORT
City Librarian Jeannie Kays
Palm Springs Public Library
300 S. Sunrise Way, Palm Springs, CA 92262
760-322-READ (7323) www.pslibrary.org
Library Visits/Door Count: 120,225
Materials Checked Out: 311,189
Number of eBook Check-outs: 21,659
Public Service Hours: 2,425
New Library Cards Issued: 2,582
Public Computer Sessions: 18,358
Public Wi-Fi Sessions: 17,951
Number of Virtual Programs: 37
Virtual Program Attendance: 440
Number of In-Person Programs: 273
In-Person Program Attendance: 5,262
Volunteer Hours: 738
Number of Reference Questions: 9,210
Library Visits/Door Count: 29,389
Public Service Hours: 2,990
Public Computer Sessions: 4,416
Public Wi-Fi Sessions: 1,499
MAIN LIBRARY
WELWOOD MURRAY MEMORIAL LIBRARY
On behalf of the Library Board of Trustees,
Friends of the Palm Springs Library, Palm
Springs Public Library Foundation, and Library
Staff, I present this Annual Report for Fiscal
Year 2022-23.
We are proud of the accomplishments of the
past year and look forward to new endeavors
this next year. Please read about three of our
programs, Summer Reading Program, Baby2
Baby Diaper giveaway, and Pride on the Page.
Jeannie Kays
Director of Library Services
Item 1Q - Page 3
SUMMER READING STATS:
TOTAL SIGNUPS: 457 (-81 less
than last year)
TOTAL BOOKS READ: 936
(Pre-K only, + 65 from last year)
TOTAL HOURS READ:
2,665 ( youth + teens + adults,
+505 hours from last year)
TOTAL NUMBER OF WEEKLY
CHECK-INS: 1,160
This was our fourth year using
Beanstack, an online system for
registration and management of
the program. We continued with
weekly in-person programs, and
provided a code each week to
input as the check-in which
unlocked access to weekly books.
This year’s theme was ‘Find Your
Voice’ so programs focused on
finding your passion, causes, selfcare and more. Once again we tracked books for the Pre-K group
and hours read for Kids, Teens and
Adults. Participants earned badges
and a chance to win grand prizes
generously provided by the Friends
of the Library and many local
businesses and organizations. At
the finale, staff, volunteers, the
City Manager and the Mayor all
celebrated our accomplishments
and assisted us in awarding the
grand prizes.Cookies were
provided by Aspen Mills along with
additional coupons and fun
giveaways to celebrate the end of
our summer reading program.
Diapers in multiple sizes were available, a pack of diapers and two packages of baby wipes were distributed to families at the Library along with a ‘Born to Read’ kit generously provided by the Friends of the Palm Springs Library, which included developmental information and two board books.
Once-a-week distribution to families began at the Library on March 15, 2023 during regular library hours. Mayor Garner and Councilmember Holstege were on hand to help us on
the first morning as families had lined up outside the library. “The Library is a community resource and we are honored to be participating in this program offered by Baby2Baby to meet the needs of families in our community,” said Jeannie Kays, Director of Library Services. “We know that families are struggling to make ends meet these days so we are
excited to offer these diapers and wipes!”
In November 2022, the Palm
Springs Public Library Foundation
launched Pride on the Page Book
Festival, a signature event to be a
compliment to other Palm Springs
Pride festivities in the Fall.
Volunteer Author Coordinator
Corey Roskin worked with Library
& Public Services Manager Julie
Warren, to develop the event, to be
an official event of Palm Springs
Pride. Over the course of two days
at the historic Plaza Theatre, ten
panels of 40 LGBTQ+ and affirming
authors discussed their books,
sharing varied viewpoints, and
making new fans! Follett Books was
the official book seller for the event
and many books were sold. To
conclude the event on Saturday
evening, a special fundraising event
occurred featuring Emmy and
Golden Globe winning actor Sharon
Gless in conversation with Peter
Paige, her former co-star on Queer
as Folk.
Summer Reading 2023
'Find Your Voice'
Diaper Distribution at the
Library for Families in need
The Palm Springs Public Library applied for
and received a distribution of diapers and
packages of baby wipes from Baby2Baby
(www.Baby2Baby.org), a national non-profit
that provides children living in poverty with
diapers, clothing and all the basic necessities
that every child deserves.
Palm Springs Public Library Foundation
Launches Pride on the Page Book Festival
Item 1Q - Page 4
' ' ' ' '
A CELEBRATION OF LGBTQ+ BOOKS AND WRITERS
CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN
EXPENDITURE PLAN AND APPROPRIATION
RECOMMENDATIONS:
Accept the State of California Supplemental Law Enforcement Services Account Grant (SLESA) and Expenditure Plan.
1. 2. Direct the Director of Finance/City Treasurer to fund the appropriation.
3. Authorize the City Manager to execute all necessary documents.
Attachments
Item 1R
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES
ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND
APPROVE AN EXPENDITURE PLAN AND APPROPRIATION
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
Each year the Palm Springs Police Department receives funding from the State of California to supplement the Department’s budget. The City will receive $100,000 for Fiscal Year 2023-2024. No matching funds are required to obtain these funds. The use of the State of California Supplemental Law Enforcement Services Account grant funds is only for front-line, municipal police services and should supplement, not supplant, current front-line law enforcement services.
RECOMMENDATION:
1. Accept the State of California Supplemental Law Enforcement Services Account Grant (SLESA) and Expenditure Plan.
2. Direct the Director of Finance/City Treasurer to fund the appropriation.
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Palm Springs Police Department annually receives funds from the State to supplement the Department’s budget. These funds are distributed to law enforcement agencies throughout Riverside County.
The City has been awarded $100,000 for Fiscal Year 2023-2024. The SLESA Grant funding can be spent for a variety of law enforcement expenditures as long as they are used for frontline municipal police services.
Item 1R - Page 1
City Council Staff Report
November 9, 2023 Page 2
SLESA Grant Funding Acceptance
The funds will be used to purchase new equipment such as computers and hardware, and software programs. The funds will also be used to purchase officer safety equipment and accessories.
This request is to meet the requirements of SB 823 enacted in April of 2002. The bill amended Government Code Sections 30061 and 30063, requiring City Councils to appropriate the funds exclusively for law enforcement.
FISCAL IMPACT:
No matching funds are required to obtain this additional grant funding. Funding will be used exclusively for law enforcement.
REVIEWED BY:
Department Director: Andrew G. Mills, Police Chief
City Manager: Scott Stiles
ATTACHMENTS:
A. Expenditure Plan
Item 1R - Page 2
ATTACHMENT "A"
Item 1R - Page 3
Supplement Law Enforcement Services Account
Expenditure Plan
FY 23/24
City: Palm Springs
Beginning Fund Balance $118,967.34
Prior Year Allocation
Received in Current Year
Current Year Allocation
Expenditures Planned
Salaries and Benefits
Services and Supplies
Equipment
Administrative Overhead
Total Planned Expenditures
Date approved by the City Council:
The City Manager here certifies that the Supplemental Law Enforcement Services Plan was Submitted to the City Council and approved as listed.
City Manager Date
Please provide the name of a contact person if there are any questions:
Melissa Cain 760-323-8128
Name Contact Number
$100,000.00
$100,000.00
$100,000.00
$100,000.00
Item 1R - Page 4
CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
ACCEPTANCE OF $4,559,233 FROM THE STATE OF CALIFORNIA, BOARD OF
STATE AND COMMUNITY CORRECTIONS, ORGANIZED RETAIL THEFT
PREVENTION GRANT PROGRAM
RECOMMENDATIONS:
1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE
STATE OF CALIFORNIA, BOARD OF STATE AND COMMUNITY
CORRECTIONS, ORGANIZED RETAIL THEFT PREVENTION GRANT
PROGRAM.
2. Appropriate the grant funding into the FY 2023-24, FY 2024-25, FY 2025-26, and FY 2026–27 budgets.
3. Authorize the City Manager to execute all necessary documents.
Attachments
Item 1S
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF $4,559,233 FROM THE STATE OF CALIFORNIA,
BOARD OF STATE AND COMMUNITY CORRECTIONS, ORGANIZED
RETAIL THEFT PREVENTION GRANT PROGRAM
FROM: Scott C. Stiles, City Manager
BY: Andrew Mills, Police Chief
SUMMARY:
It is recommended that City Council authorize the City Manager to accept an award of $4,559,233 in State of California, Board of State and Community Corrections (BSCC), Organized Retail Theft (ORT) Prevention Grant Program grant funding, for a 44-Month grant program, beginning October 1, 2023 and ending June 1, 2027. The intent of this grant is to reduce and prevent organized retail theft, vehicle theft, and the theft of catalytic converters. The grant will provide funding for a police officer position at the fully burdened rate for a period of three years; crime prevention and detection programs; a rehabilitation program; theft prevention systems for businesses; law enforcement technology; and two police vehicles. No matching funds were required to obtain these grant funds.
RECOMMENDATION:
1. Adopt Resolution No. _____, “ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE
STATE OF CALIFORNIA, BOARD OF STATE AND COMMUNITY
CORRECTIONS, ORGANIZED RETAIL THEFT PREVENTION GRANT
PROGRAM.
2. Appropriate the grant funding into the FY 2023-24, FY 2024-25, FY 2025-26, and FY 2026-27 budgets.
3. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The Budget Act of 2022 (Senate Bill 154) established the Organized Retail Theft (ORT) Prevention Grant Program. Per the state Budget Act, funding for the Organized Retail Item 1S - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
BSCC-ORT Grant Program
Theft Grant Program shall be used for competitive grants for city police departments, county sheriffs’ departments, and probation departments. Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
PSPD has identified a critical need to address three specific areas for the grant funding.
In 2019, Palm Springs had the sixth-highest number of thefts out of 281 comparable California cites. In 2021, retail related thefts rose 55% from the previous year. In 2019, Palm Springs had the fourth-highest number of vehicle thefts (331) in the state for cities with populations under 50,000. In 2021, there were 503 vehicle thefts reported in the city.
The estimated total dollar loss to vehicle theft in the city over the past four years is more than $12,000,000. PSPD has seen a 573% increase in catalytic converter theft over the past three years.
In July of 2023, PSPD submitted a comprehensive grant proposal to the BSCC for the ORT Prevention Grant Program to address the three specific areas of concern and on September 14th, the BSCC offered an award of $4,559,233 for a 44-Month grant program, beginning October 1, 2023 and ending June 1, 2027.
STAFF ANALYSIS:
PSPD proposes a comprehensive crime prevention model designed to address theft in retail establishments, theft of vehicles and the theft of catalytic converters. The PSPD model incorporates a range of activities, services, and interventions aimed at reducing crime and enhancing community safety, while not focusing solely on the criminal justice system. PSPD views apprehension as a short-term strategy to address these areas of concern. PSPD will operate through two main strategies, prevention through problemsolving and situational crime prevention, which have both been proven as long-term approaches with successful track records of sustained reductions in crime. PSPD seeks to prevent crime through enhanced prevention strategies, enhanced community policing, and enhanced collaboration.
The grant funding provides for several different types of programs, services, and equipment. The grant will fund a fully burdened Police Officer position for a period of three years. This position will be dedicated to managing the program and liaising with businesses and residential communities. The grant funding also provides 480 hours of overtime for long-term investigations into catalytic converter theft. A fully equipped police vehicle is also funded for the officer assigned to the grant in addition to an off-road police vehicle to assist with investigations in the many desert areas within the city.
One goal of the grant is to reduce crime by reducing the recidivism of known offenders.
Grant funding is allocated to address this goal. PSPD will contract with a non-profit rehabilitation agency to provide services to at least fifteen offenders identified during this grant program. This program will allow offenders a structured opportunity to avoid jail and improve opportunities by way of providing addiction support, anger management Item 1S - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
BSCC-ORT Grant Program
strategies, dialectical behavior therapy, and clinical and wellness assistance for overall well-being.
The business community is a major benefactor of this grant award, particularly in the area of organized retail theft, as $900,000 in grant funding is allocated to providing surveillance camera systems to 300 businesses and $660,000 is allocated to providing glass break film to 300 businesses. Surveillance cameras are both an effective crime prevention tool and an investigative tool for law enforcement. Glass break tape has been a proven tool in reducing an/or delaying thefts as it makes entry through glass very challenging.
Funding is also allocated to provide a more rapid response to in-progress crimes by Unmanned Aerial Vehicles (UAVs or drones). The UAVs will be able to provide real-time video of in progress crimes to responding officers for a more efficient response.
Businesses citywide are a priority in this grant and the current citywide surveillance camera system will undergo an upgrade to contemporary technology. Grant funding provides for 40 new surveillance camera systems to replace current outdated technology that is not operable. If funding remains available after the surveillance camera purchases, PSPD will consider proposing an additional 40 fixed Automated License Plate Reader (ALPR) cameras to be deployed in key locations to address organized retail theft, vehicle theft, and catalytic converter theft. The new cameras will facilitate more efficient responses to in-progress crimes and to investigate these types of crimes more efficiently and effectively. Real time crime center software, funded through the grant, will coordinate the camera feeds into a viewing platform that will enhance the response capabilities of first responders. In addition, an additional software system funded through the grant will integrate multiple law enforcement databases into one, for more efficient investigations.
The grant funding will provide for three catalytic converter etching machines. PSPD will provide free catalytic converter etching to Palm Springs residents. Identifying stolen catalytic converters and their ownership is a challenge for law enforcement. Etching provides a solution to this challenge by creating a record of ownership to the catalytic converter which can also reduce the likelihood of theft. Fifteen GPS trackers are funded in the grant to track stolen or likely to be stolen equipment to assist during theft investigations.
The grant will fund training for police staff on Problem Oriented Policing and for community and business training courses. Additional grant funding will also provide for education materials, marketing equipment, and materials for print and social media campaigns to expand the public awareness in the areas of crime prevention.
The grant requires a local evaluation plan from the onset to the conclusion of the grant.
A contracted grant evaluator is funded through the grant to evaluate the effectiveness of the grant and to identify any areas to improve upon. The grant also funds a certified public accountant to conduct financial auditing of the grant during the grant period.
Item 1S - Page 3
City Council Staff Report
November 9, 2023 -- Page 4
BSCC-ORT Grant Program
Acceptance of this grant does not automatically approve the purchase of each item funded in the grant and modifications to the grant funding are allowed upon the approval of the BSCC.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not subject to the California Environmental Quality Act (CEQA), as it is not a “Project” as defined by CEQA. (CEQA Guidelines 15060(c)(3).) 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 exempt from CEQA under the “common sense” exemption (CEQA Guidelines 15061(b)(3)), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The requested action is further exempt under Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The accepting grant funding from the BSCC Organized Retail Theft grant would align with Strategic Plan, 1 - Quality of Life, 1B - Reducing Crime through education.
FISCAL IMPACT:
The BSCC-ORT Prevention Grant Program will reimburse the City of Palm Springs for personnel costs and all approved grant related expenses, not to exceed $4,559,233. Staff recommends appropriating the grant funding of $4,559,233 into the FY 2023-24 budget.
REVIEWED BY:
Department Director: Andrew G. Mills, Police Chief
City Manager: Scott Stiles
ATTACHMENTS:
A. Palm Springs Police Department BSCC-ORT Grant Agreement B. City Council Resolution
Item 1S - Page 4
"ATTACHMENT A"
Item 1S - Page 5
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC-1163-23 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1163- 23
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
Palm Springs Police Department
2. The term of this Agreement is:
START DATE
OCTOBER 1, 2023
THROUGH END DATE
JUNE 1, 2027
3. The maximum amount of this Agreement is:
$4,559,233.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 5
Attachment 1* Organized Retail Theft Prevention Grant Program Request for Proposals * Attachment 2 Organized Retail Theft Prevention Grant Program Grant Proposal 54 Appendix A Organized Retail Theft Grant Program Scoring Panel Roster 1 Appendix B Grantee Assurance for Non-Governmental Organizations 2 * This item is hereby incorporated by reference and can be viewed at: https://www.bscc.ca.gov/organized-retail-theft-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) Palm Springs Police Department
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
200 South Civic Drive Palm Springs CA 92262
PRINTED NAME OF PERSON SIGNING TITLE
Andrew Mills Chief of Police
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 Item 1S - Page 6
I I
I I
Palm Springs PD
BSCC 1163-23
EXHIBIT A: SCOPE OF WORK
1. GRANT AGREEMENT – Organized Retail Theft Grant Program This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and Palm Springs Police Department (hereafter referred to as the Grantee).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The Organized Retail Theft Grant Program was established in Senate Bill 154 (SB 154) (Chapter 43, Statutes of 2022). Organized Retail Theft Grant Program funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
B. Grantee agrees to administer the project in accordance with Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, which is attached and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Andrew Mills
Title: Chief of Police
Address: 200 South Civic Drive, Palm Springs CA 92262
Phone: 760-323-8135
Email: [email protected]
Designated Financial Officer authorized to receive warrants:
Name: Mike Kovaleff
Title: Police Captain
Address: 200 South Civic Drive, Palm Springs CA 92262
Phone: 760-323-8120
Email: [email protected]
Project Director authorized to administer the project:
Name: Andrew Mills
Title: Chief of Police
Address: 200 South Civic Drive, Palm Springs CA 92262
Phone: 760-323-8135
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.
Item 1S - Page 7
Palm Springs PD
BSCC 1163-23
EXHIBIT A: SCOPE OF WORK
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027 B. Evaluation Documents Due no later than:
1. Local Evaluation Plan April 1, 2024
2. Final Local Evaluation Report June 1, 2027
C. Other Due no later than:
Financial Audit Report June 1, 2027
Grantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to a withholding of funds.
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
Item 1S - Page 8
Palm Springs PD
BSCC 1163-23
EXHIBIT A: SCOPE OF WORK
B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.
Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Organized Retail Theft Grant Program Scoring Panel from receiving funds awarded under the Organized Retail Theft Grant Program RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Organized Retail Theft Grant Program Scoring Panel roster (Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Organized Retail Theft Grant Program Scoring Panel.
B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
Item 1S - Page 9
Palm Springs PD
BSCC 1163-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027 Final Invoicing Periods*: Due no later than:
14. January 1, 2027 to March 31, 2027 May 15, 2027
15. April 1, 2027 to June 1, 2027 August 15, 2027
*Note: Project activity period ends December 31, 2026. The period of January 1, 2027, to June 1, 2027, is for completion of Final Local Evaluation Report and financial audit only.
B. All project expenses must be incurred by the end of the project activity period, December 31, 2026, and included on the final invoice due February 15, 2027. Project expenditures incurred after December 31, 2026 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The Financial Audit Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the financial audit during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
F. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all Item 1S - Page 10
Palm Springs PD
BSCC 1163-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.
Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. In no event shall changes be authorized for the Administrative Salaries and Benefits line item that would result in that item exceeding ten percent (10%) of the grant award.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through Organized Retail Theft funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Senate Bill 154 (Chapter 43, Statutes of 2022), also known as the California Budget Act of 2022. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
B. If Organized Retail Theft funding is reduced or falls below estimates contained within the Organized Retail Theft Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. The Grantee agrees to comply with the BSCC Grant Administration Guide requirements as posted on the BSCC website (currently the BSCC Grant Administration Guide July 2020) including any updated version that may be posted during term of the grant Item 1S - Page 11
Palm Springs PD
BSCC 1163-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
agreement. BSCC will notify grantees whenever an updated version is posted. The BSCC Grant Administration Guide is available at:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose.
Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
8. PROJECT BUDGET
BSCC Budget Line Item A.
Grant Funds
1. Salaries and Benefits $658,023
2. Services and Supplies $72,575
3. Professional Services or Public Agency Subcontracts $0
4. Non-Governmental Organization (NGO) Subcontracts $300,000
5. Data Collection and Evaluation $190,000
6. Equipment/Fixed Assets $3,099,235
7. Financial Audit (Up to $25,000) $24,200
8. Other (Travel, Training, etc.) $95,200
9. Indirect Costs $120,000
TOTALS $4,559,233
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. This obligation shall survive any termination of this agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 (https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
12.TIMELINESS: Time is of the essence in this Agreement.
13.COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Item 1S - Page 17
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC is solely for the purpose of proper administration of grant funds, and shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the ARG Rehabilitation of Existing Property or Building Project RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant of the project.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal. Changes shall not be implemented by the project until authorized by the BSCC.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a Item 1S - Page 20
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
material and substantial breach of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.
Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.
Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
11.WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
Item 1S - Page 22
BSCC Powered by Submittable
Title Palm Springs Police Department
by Angela Sawyer in Organized Retail Theft Prevention
Grant Program
[email protected]
07/07/2023
id. 41332788
Original Submission 07/07/2023
The Organized Retail Theft (ORT) Prevention Grant Program Application is divided into five (5) sections as identified below: Background Information Contact Information Program Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions requiring a response. Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses. Applicants will not be able to submit the application until all questions with a red asterisk have been completed. Applicants may reference the ORT Prevention Grant Program Proposal Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the ORT Prevention Grant Program Application. The ORT Prevention Grant Proposal Instruction Packet is available on the Board of State and Community Corrections (BSCC) website. NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.
SECTION I -
BACKGROUND
INFORMATION
This section requests information about the applicant’s name, location, mailing address, and tax identification number.
Name of Applicant (i.e.,
Police Department,
Sheriff’s Department,
or Probation
Department)
Palm Springs Police Department
Multi-Agency
Partnerships
Information (if
applicable)
Applicants may apply for funding as part of a multi-agency partnership (two [2] or more agencies). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous. One (1) Lead Public Agency must be identified on behalf of the partnership.
Multi-Agency
Partnerships
No: This is not a Multi-Agency Partnership Application
Lead Public Agency
Information
All applicants are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The LPA is a governmental agency with local authority within the applicant's city or county. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with other local government agency partners and non-governmental organizations to ensure successful implementation of the grant program. The LPA is responsible for data collection and management, invoices, meeting coordination (virtual and/or in-person), and will serve as the primary point of contact with the BSCC.
Lead Public Agency Palm Springs Police Department
Item 1S - Page 23
D
Applicant's Physical
Address
200 South Civic Drive
PO Box 1830
Palm Springs
California
92262
US
Applicant's Mailing
Address (if different
than the physical
address)
PO Box 1830
Palm Springs
CA
92262
US
Mailing Address for
Payment
3200 E. Tahquitz Canyon Way
PO Box 2743
Palm Springs
CA
92262
US
Tax Identification
Number
956000757
SECTION II -
CONTACT
INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.
Project Director Andrew
Mills
Project Director's Title
with
Agency/Department/Organization
Chief of Police
Project Director's
Physical Address
200 South Civic Drive
Palm Springs
CA
92262
US
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+17603238135
Financial Officer Mike
Kovaleff
Financial Officer's Title
with
Agency/Department/Organization
Police Captain
Financial Officer's
Physical Address
200 South Civic Drive
Palm Springs
CA
92262
US
Financial Officer's
Email Address
[email protected]
Item 1S - Page 24
Financial Officer's
Phone Number
+17603238120
Day-To-Day Program
Contact
Mike
Kovaleff
Day-To-Day Program
Contact's Title
Police Captain
Day-To-Day Program
Contact's Physical
Address
200 South Civic Drive
Palm Springs
CA
92262
US
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+17603238120
Day-To-Day Fiscal
Contact
Mike
Kovaleff
Day-To-Day Fiscal
Contact's Title
Police Captain
Day-To-Day Fiscal
Contact's Physical
Address
200 South Civic Drive
Palm Springs
CA
92262
US
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+17603238120
Name of Authorized
Officer
Andrew
Mills
Authorized Officer's
Title
Chief of Police
Authorized Officer's
Physical Address
200 south civic drive
Palm Springs
CA
92262
US
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+17603238135
Item 1S - Page 25
Authorized Officer
Assurances
checked
SECTION III -
PROGRAM
INFORAMTION
This section requests a Project Title, Proposal Summary description, Program Purpose Area(s) selection, and Scope Funding Category selection.
Project Title Palm Springs Police Department Organized Retail Theft Prevention Program Proposal Summary PSPD proposes a comprehensive crime prevention model designed to address theft in retail establishments, theft of vehicles and catalytic converters. Our model incorporates a range of activities, services, and interventions aimed at reducing crime and enhancing community safety while not focusing solely on the criminal justice system. PSPD views apprehension as a short-term strategy.
Prevention through problem-solving and situational crime prevention is a longterm approach with a proven track record of sustained reductions in crime.
PSPD seeks to prevent crime through enhanced prevention strategies, enhanced community policing, and collaboration.
PROGRAM PURPOSE
AREAS
Applicants must propose activities, strategies, or programs that address the Program Purpose Areas (PPAs) as defined on pages 5 - 8 in the ORT Prevention Grant Proposal Instruction Packet. A minimum of one (1) PPA must be selected; applicants are not required to address all three (3) PPAs. All proposed activities, strategies, or programs must have a link to the ORT Prevention Grant Program as described in the authorizing legislation and the ORT Prevention Grant Proposal Instruction Packet.
Program Purpose
Areas (PPAs):
PPA 1: Organized Retail Theft
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
Funding Category
Information
Applicants may apply for funding in a Medium Scope OR Large Scope Category.
The maximum an applicant may apply for is up to $6,125,000 in the Medium Scope category OR up to $15,650,000 in the Large Scope category. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category. Multi-agency partnerships (determined as Medium Scope OR Large Scope) may apply for up to the maximum grant award in that category, multiplied by the number of partnering eligible applicants. For Example: Four (4) eligible applicants in the Medium Scope category may submit one (1) application for up to $24,500,000 o $6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000 Two (2) eligible applicants in the Large Scope category may submit one (1) application for up to $31,300,000 o $15,650,000 (Large Scope Max x 2 (# of Agencies) = $31,300,000 Please reference pages 10- 12 in the ORT Prevention Grant Proposal Instruction Packet for additional information.
Funding Category Medium Scope (Up to $6,125,000)
SECTION IV -
PROPOSAL
NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the ORT Prevention Grant Program Application Instruction Packet.
Item 1S - Page 26
Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the ORT Prevention Grant Instruction Packet (refer to pages 20-24). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not may not exceed 6,711 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately three (3) pages in Arial 12- point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Description narrative may not may not exceed 11,185 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately five (5) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at
1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit".
Applicants will be prohibited from submitting the ORT Prevention Grant Program Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section, however as a guide, the percent of total point value for each section is provided in the ORT Prevention Grant Proposal Instruction Packet (refer to page 15).
Project Need 1.1
Organized retail theft (ORT) and motor vehicle theft drive much of the victimization in Palm Springs. Over the past five years, the Palm Springs Police Department (PSPD) has worked to combat an abundance of organized retail thefts, vehicle thefts, and catalytic converter thefts with varying results, yet theft continues to increase. PSPD seeks ORT Prevention Grant funding to proactively reduce the criminal opportunity for theft through advanced crime prevention techniques, improved community education and awareness, increased likelihood of detection, and to improve safety within Palm Springs.
Tourism, the largest industry in the greater Palm Springs area, is highly susceptible to ORT. Criminals are aware that tourists are often less aware or vigilant with rental vehicles and are unlikely to return to testify as victims in court should they be caught. Criminals make a rational choice to steal from retail establishments, to steal rental vehicles and vehicle accessories based on a risk-reward decision.* We can influence criminals’ choices through Situational Crime Prevention: Increase the Risk, Increase the Effort, Reduce Rewards, Reduce Provocations, and Remove Excuses; all with the goal to remove opportunity.** We can conduct analysis to help businesses understand theft problems, identify the “hot spots”, and determine when and how they’re occurring.
Victimizing tourists is less risky and provides more benefits. Due to the city’s heavy reliance on tourism, Palm Springs is particularly vulnerable to property crimes (tourism crime***). Palm Springs has more retail establishments per capita than most cities in California. Our city has 1,600 retail stores, and most businesses have been victims of theft, such as conspiratorial distraction operations, smash and grabs, and retail and commercial burglaries. In Palm Springs, 58% of crime is theft-related. In fact, over the past 3 years, there have been 980 commercial thefts, many of those taking place with multiple or Item 1S - Page 27
unknown suspects.
__________________
*For more on the rational choice theory, see the Center for Problem-Oriented Policing’s “Model POP Curriculum – Crime theories
and situational crime prevention,” popcenter.asu.edu/content/model-popcurriculum-1. **There are 25 techniques that fall under Situational Crime Prevention, https://popcenter.asu.edu/content/situational-crime-prevention. ***For more on this research, see the Center for Problem-Oriented Policing’s “Crimes Against Tourists,” https://popcenter.asu.edu/content/crimes-againsttourists-0.
1.2 Palm Springs is conveniently located and easily accessible to many major cities via Interstate 10, a major transportation route running through Palm Springs to other cities and states. While the full-time population is approximately 45,000, the average daily population is well over 100,000, as Palm Springs is home to year-round special events, over 8,000 hotel rooms, and over 2,400 vacation rental homes. Palm Springs is located within the Coachella Valley, which has a current collective population of about 463,000 and is projected to grow to 884,000 people by 2035. Palm Springs has an International Airport, which served nearly 3 million passengers in 2022. In total, the Coachella Valley region welcomed over 12.8 million visitors in 2022, many of whom center their activities in Palm Springs, the entertainment capital of the valley.
Unfortunately, PSPD’s staffing levels and crime statistics are based on the fulltime population, not counting for millions of tourists, day trippers, concertgoers, and overnight guests. The Riverside County Jail system is overcrowded, leading to frequent early releases. As a result, the repeat offenders take advantage of that situation and re-offend. PSPD believes that a great deal of crime is opportunity-driven, and with help from this grant, we believe we can greatly reduce the opportunity.****
Palm Springs is home to big box stores, which present an enormous challenge in retail theft, as the stores are spread throughout the city. The big box stores with security do not communicate with smaller chain stores or mom-and-pop businesses. Service gaps that exist include a lack of collaboration and information sharing between retailers, law enforcement, and industry associations on how to prevent or reduce theft. While criminal enforcement is important, it is not the only solution, nor a long-term strategy. Effective communication channels and information-sharing platforms are essential to alert retailers about known organized retail theft activities. ________________
****Marcus Felson & Ronald V. Clarke, “Opportunity Makes the Thief: Practical theory for crime prevention” (1998),
https://popcenter.asu.edu/sites/default/files/opportunity_makes_the_thief.pdf
1.3 Catalytic converter thefts continue to increase throughout the nation partly because of the ease to complete the theft and the high dollar amount paid for the precious metals found in the car part. PSPD data shows the reported catalytic converter thefts in Palm Springs have skyrocketed by 200% from 2020 to 2021, 124% from 2021 to 2022, and an alarming overall 573% increase from 2020 to 2022. In the first four months of 2023, Palm Springs had already surpassed the total number of reported catalytic converter thefts in all of 2020.
These statistics clearly show that catalytic converter theft is a major community concern that requires immediate attention.
In 2019, Palm Springs had the fourth-highest number of vehicle thefts in California for cities with populations under 50,000. In 2019, there were 331 Item 1S - Page 28
reported stolen vehicles, increasing to 345 in 2020, and 503 in 2021. While vehicle theft decreased to 419 in 2022, the historical trend identifies a persistent issue that will need innovative and improved efforts to address. The estimated total dollar loss to vehicle theft in Palm Springs over the past 4 years is more than $12,000,000.
PSPD examined data from retail theft-related crimes that overlap with organized retail crime activities including shoplifting, commercial burglary, robbery, and grand and petty thefts. PSPD concluded that ORT is a growing and problematic issue in the city. According to national UCR statistics, in 2019 Palm Springs had the sixth-highest number of thefts of the 281 other cities with comparable populations. In 2021, our retail-related thefts jumped 55% from the previous year. Theft is a consistent problem and focal point of community and business concerns. PSPD believes that strong education, prevention, and creative enforcement efforts are needed to address this challenging issue.
Project Description 2.1
PSPD will implement a comprehensive crime prevention model designed to address theft in retail establishments and the theft of vehicles and catalytic converters. The model incorporates a range of activities, services, and interventions aimed at reducing crime and enhancing community safety while not focusing solely on the criminal justice system. PSPD views apprehension as a short-term strategy, however, prevention through problem-solving and situational crime prevention is a long-term approach with a proven track record of sustained reductions in crime.
Enhanced Prevention Strategies: There are three primary strategies PSPD will develop based on the best research available. First, PSPD will work to reduce the opportunity to commit retail theft. Because most of our burglaries (thefts via breaking and entering) involve window smashes, PSPD will purchase protective glass tape for all business windows in our central business district. Products, such as 3M bomb blast tape, will protect stores from glass break entries. The tape allows retailers to protect merchandise by making plate glass windows impenetrable while still allowing two-way visibility for continued natural surveillance.
Second, enhanced and alarmed video and sound surveillance systems will be fed into a real-time crime center where police can build a 360-degree bubble of protection. A network of cutting-edge preventative policing tools such as a system of license plate readers, on-the-ground video surveillance, and overhead drone coverage will create this protective bubble. When alarms are triggered, a drone will be sent overhead to monitor the situation via video. While the ground units respond, the network of surveillance technology will actively monitor the situation.
Finally, PSPD will work with all neighboring communities to offer owners of vehicles with the highest catalytic converter theft rates an opportunity to have their vehicles marked with etching or similar technology. One of the biggest issues with catalytic converter theft is identifying victims. The grant will allow community members to visit local businesses or the police department to have their vehicle parts marked/etched or to install catalytic converter guards on the undercarriage of the car.
We believe as theft becomes more difficult and the risk becomes too great, there will be a reduction in the thefts and potentially a diffusion of benefits to other vehicle-related crimes. Catalytic converter thieves must rid themselves of the precious metals associated with their crime in order to make money. PSPD will sponsor an undercover operation to attract thieves and purchase stolen property from them. Once the thief is identified, detectives will use focused deterrence to deter future crimes.* The grant will be used to assist in offering Item 1S - Page 29
rehabilitative social resources. This type of program allows offenders a structured opportunity to avoid jail and improve opportunities by way of providing addiction support, anger management strategies, dialectical behavior therapy, and clinical and wellness assistance for overall well-being.
Additional efforts will be augmented through hotspot policing. Officers will strategically deploy to high theft (retail, vehicle, and catalytic converter) locations and use data-driven crime analysis and problem solving, aiming to deter theft activity.
Enhanced Community Policing: The education of retail establishments is vital to reducing theft. PSPD has successfully brought crime prevention through environmental design training to merchants recently. PSPD will work with local businesses to quickly identify retail theft trends and collaboratively design theft deterrent strategies. PSPD will build a networking system to rapidly communicate information, trends, and suspects. Establishing partnerships with the community and businesses strengthens the collaborative efforts between law enforcement and local groups invested in community well-being. By working together, PSPD will develop and implement targeted strategies that address specific needs and concerns. A full-time police officer will be trained and deployed to manage the program and liaise with the business community.
Collaboration with Law Enforcement Partners: Data sharing with local policing partners is vital. The goal is not to displace crime but to set the standard of what “Just Policing” looks like. Policing that prevents crime, not overincarcerates. _______________
*For more on focused deterrence, see U.S. Department of Justice “Focused Deterrence Strategies for Law Enforcement Agencies,”
https://bjatta.bja.ojp.gov/sites/default/files/focused_deterrence_fact.sheet_508.pdf
2.2 The proposed project aligns with the identified needs and the intent of the grant program. The project work plan (Appendix B) outlines the goals and objectives, including the activities, responsible staff/partner agencies, process and outcome measures, data sources, and start and end dates. The top goals and objectives include:
Goal 1: Reduce organized retail theft at 400 businesses located in the main downtown merchant area.
Objective 1: Install glass break tape in 200 stores.
Objective 2: Improve rapid notification of police through a video-enhanced realtime crime center.
Objective 3: Implement drone prevention and protection technology in the central business district.
Goal 2: Reduce catalytic converter theft through community member education, theft deterrence technology, and hotspot policing.
Objective 1: Implement a program to mark high-risk vehicles to identify to whom the catalytic converter belongs. We will also work with recyclers to notify the police department when someone attempts to sell a marked converter.
Objective 2: Use hotspot policing and problem-solving to target locations likely to have a disproportionate amount of catalytic converter theft. Officers will determine the visibility dose needed to prevent thefts by working collaboratively with the businesses.
Objective 3: Create focused deterrence by using undercover officers in a storefront operation to purchase stolen catalytic converters or stolen retail property. PSPD will identify 25 people responsible for these thefts and use those contacts to create leverage that limits the suspects from committing additional crimes. Of these 25, we hope to funnel 20 of them toward resources. Officers will Item 1S - Page 30
work with a non-profit, anti-recidivism organization to create a plan for the individuals to succeed in life and to avoid criminal activity. It is expected that 15 of the people will welcome an opportunity to rise out of their circumstances.
Goal 3: Address vulnerabilities and implement preventative measures to reduce the number of vehicle thefts.
Objective 1: Analyze data to identify the geographic areas with the highest volume of vehicle theft crimes as well understanding the locations and surrounding areas to determine the contributing factors. Identify the types of vehicles targeted and the modus operandi used by the thieves.
Objective 2: Collaborate with local community members, business members, and vehicle owners in problem-solving efforts to gather information, increase awareness, and promote collective responsibility for preventing vehicle theft.
Objective 3: Develop countermeasures such as license plate readers, security cameras, environmental design improvements, and neighborhood watch campaigns that not only help to limit vehicle thefts but also increase the chance of recovery efforts.
Goal 4: Educate the Community
Objective 1: Create a crime prevention course to be held at neighborhood/business meetings and community events. This will be offered free of charge to community members and businesses to help them learn to prevent retail and vehicle theft. The class will be offered within each year of the grant. Forty businesses will be trained in theft prevention.
Objective 2: Collaborate with theft prevention professionals to create a marketing campaign to educate businesses on the prevention of retail theft and community members on the prevention of catalytic converter and vehicle theft.
Materials will be offered to all 2,600 Palm Springs businesses as well as made available through a website to all businesses in the region.
2.3 The proposed activities and interventions are grounded in research and evidence-based practices that aim to address crime and enhance community safety. Enhanced Community Policing initiatives are focused on building trust, cooperation, and collaboration between law enforcement, the community, and businesses. By increasing police presence in a focused manner, conducting regular neighborhood/business meetings, organizing community events, and establishing partnerships with community organizations and businesses, the goal is to develop targeted strategies that address specific needs and concerns. By understanding the root causes and recurring patterns of criminal activity, authorities can collaborate with community organizations, social services, and policymakers to address systemic issues and implement longterm solutions.
Enhanced policing strategies, such as Situational Crime Prevention, technological enhancements, hotspot policing, prioritizing fairness, and avoiding bias policing will reduce crime without harming community relations. A target-hardening approach aims to create an environment less susceptible to criminal acts and reduces opportunities for offenders to get caught up in a system of recidivism. By implementing these initiatives, the goal is to reduce retail and vehicle-related crime rates, improve community safety, and enhance the overall quality of life.
2.4 To govern the use of surveillance technology, PSPD will adhere to applicable national, state, and local privacy laws/regulations and ensure the security of any collected or stored data and the careful distribution of data to project partners only. This includes obtaining appropriate consent, conducting regular privacy impact assessments, and implementing robust data protection measures. PSPD will prioritize transparency and accountability by regularly communicating with Item 1S - Page 31
the community about the use of surveillance technology, its purpose, and the safeguards in place to protect privacy rights.
2.5 PSPD is focused on prevention. When crime is prevented, it reduces the opportunity to target people of color. PSPD recognizes the importance of addressing and limiting racial bias in its operations. To achieve this, PSPD will implement and enforce policies that promote fair and equitable treatment of all individuals, regardless of their race or ethnicity. PSPD will also establish a system for monitoring and addressing complaints related to racial bias and ensure that accountability measures are in place to address any violations. By implementing the proposed crime prevention model, the aim is to reduce crime, improve community safety, and enhance the overall quality of life for the Palm Springs community and millions of annual visitors. This model recognizes the importance of collaboration, evidence-based practices, and addressing systemic issues to create a safer and more equitable community.
Project Organizational
Capacity and
Coordination
3.1 PSPD has the necessary resources, expertise, and infrastructure to effectively administer the Organized Retail Theft grant project. PSPD has a skilled and experienced workforce that includes police officers, detectives, managers, and support staff, including the addition of a new full-time police officer, solely dedicated to managing the program and liaising with the business and residential communities. Police officers will be utilized to incorporate prevention strategies and boost community policing through education and environmental design. An external evaluator will be the primary contact regarding the evaluation.
3.2 PSPD recognizes the importance of collaboration and partnerships with various agencies, non-profit organizations specializing in rehabilitation to stop recidivism, and community members. PSPD has actively engaged with local retailers and business associations to establish partnerships focused on preventing and addressing theft. Many businesses have provided letters of commitment to the PSPD proposal. These collaborations will allow PSPD to implement a plan to provide information sharing on theft trends, provide training sessions for store employees, and implement crime prevention strategies.
3.3 Upon receipt of funding approval, PSPD will initiate contracts/MOUs defining the scope of collaboration, roles and responsibilities, and resource sharing. Once all parties are satisfied with the terms, the contracts/MOUs will be executed. A project “kick-off” will commence to include meetings with partner agencies to establish clear communication channels, timelines, and expectations. PSPD will conduct any necessary training or orientation sessions to ensure all agencies understand their roles and responsibilities. Finally, PSPD will secure resources or equipment needs outlined in the project implementation, and progress review meetings will be arranged to monitor project progress and to address any issues or challenges. These meetings will include the external evaluator to ensure that PSPD is implementing the project according to plan.
3.4 PSPD’s management structure is designed to ensure effective leadership, coordination, and decision-making. The department follows a hierarchical structure outlining responsibilities. The decision-making process for our project involves Police Chief Andrew Mills as the Project Director, along with various levels of management, and incorporating input from relevant stakeholders.
Decision-making will follow a collaborative and consultative approach. Key decisions will be made through collaborative discussions among command Item 1S - Page 32
staff personnel and project team members. The processes will incorporate relevant data, expert opinions, and best practices, to inform strategic and operational decisions. Stakeholder input will be considered and efforts will be made to ensure transparency, accountability, and inclusivity in the decisionmaking process.
3.5 Plans to ensure the sustainability of the proposed project beyond the expiration of grant funding will include evaluation and documentation throughout the project’s implementation. A thorough evaluation to assess the project’s effectiveness and impact will help identify successful strategies, areas for improvement, and lessons learned. Where possible, the strategies, protocols, and practices developed and implemented will be integrated into the department’s existing operations. By incorporating successful elements into standard procedures, the impact of the project can be sustained even after grant funds expire. The department will prioritize ongoing training and professional development for its personnel working on this grant. By staying updated on the latest techniques, technologies, and best practices in addressing retail and catalytic converter theft, officers will continue to effectively respond to evolving challenges after the project has ended. PSPD will establish a system of regular program evaluation to monitor the project's long-term impact and identify opportunities for adjustments or enhancements.
This will enable the department to make informed decisions and adopt strategies as needed to sustain the project's effectiveness. PSPD is committed to ensuring that the project's outcomes have a lasting impact and will proactively work towards securing resources and fostering partnerships to sustain its efforts beyond the grant funding period.
Project Evaluation and
Monitoring
4.1 PSPD will be contracting with an external partner to conduct the evaluation.
PSPD will contract with an individual who has decades of experience working in and with police agencies doing analysis, problem-solving, planning and evaluations. The evaluator will work closely with PSPD personnel throughout the entire grant, from start-up through implementation, service delivery, and the final assessment. They will lead the effort to create the initial plan including facilitating an all-day workshop with stakeholders, conducting monthly meetings with the team to monitor progress, and working closely with PSPD’s crime analyst regarding data collection.
4.2 A critical part of the evaluation is to develop the right process and outcome measures. Process measures are important to determine if the project was implemented as planned and what was accomplished. Outcome measures help us determine if we had an impact. While the exact measures will be finalized during the planning process at the onset of the grant period, the following are what we currently envision based on our proposed project and objectives:
PROCESS: (letters/numbers refer to goal and objectives in section 2) G1O1: Number of stores that installed glass break tape
G1O2: Response time of police to retail burglaries
G1O3: Drone and LPR programs implemented
G2O1: Number of vehicles marked and number of recyclers notifying the police G2O2: Number of hotspot patrols and problem-solving efforts in high-risk locations
G2O3: Number of people arrested in operation, agreeing to resources, and working with non-profit partners
G3O1: Number of hotspot areas identified and analyzed
G3O2: Number of people/businesses who collaborate in problem solving efforts G3O3: Number and type of countermeasures implemented
G4O1: Number of businesses that attend the theft prevention course Item 1S - Page 33
G4O2: Number of businesses receiving crime prevention materials and number of website hits
OUTCOME:
1. Reduction in retail theft cases
2. Reduction in catalytic converter theft and vehicle theft cases
3. Reduction in repeat offending of individuals accepting focused deterrence
4. Increase in community/business awareness and collaboration with PSPD
4.3 Our outside evaluator will be responsible for monitoring the project. This will ensure that all components are implemented as intended. The plan is to hold monthly progress meetings with the team and additional meetings with the team and/or specific stakeholders as needed. The monitoring plan will include the objectives, strategies, PSPD person responsible, and timeline; and these will be reviewed during each meeting to chart progress.
4.4 Another critical element of the evaluation is the collection of data. We understand that without the right data, the evaluator will not be able to measure the process or outcomes. The plan for data collection will be for the evaluator to work with PSPD’s crime analyst to determine what data currently exist in PSPD’s systems, and what data would need to be collected from other systems or through other means (such as surveys). For data not currently in a system, we will develop data collection instruments to insure we have baseline data to compare with at the end of the project.
We anticipate existing data that will be used includes: retail theft-related crimes (RMS); catalytic converter thefts (RMS); calls for service to hotspot/high-risk locations (CAD); and arrests at storefront operation (RMS). Data that will be collected specific to this grant include: businesses (retail or not, whether they are contacted, implement glass tape, attend crime prevention course, and/or offer catalytic converter theft marking), and community surveys.
4.5 To evaluate the effectiveness, we plan to conduct a level 3 study based on the Maryland Scale.* Implementing a comparison group will allow us to determine correlation between what we did and the impact. We will also examine any displacement or diffusion of benefits. While many people believe that focusing crime reduction efforts on a location will simply move the crime problem elsewhere, research has shown that is not the case.** In fact, nearby areas often have a reduction in crime as well. We will examine statistics after project implementation to assess change, both temporally and spatially. ______________
*More at https://whatworksgrowth.org/resource-library/the-maryland-scientificmethods-scale-sms/. **More at https://popcenter.asu.edu/content/analyzing-crime-displacement-anddiffusion.
Item 1S - Page 34
Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission the Budget Attachment will become Section 5: Budget (Budget Tables & Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately.
Applicants are solely responsible for the accuracy and completeness of the information entered in the Proposal Budget and Budget Narrative. The Proposal Budget must cover the entire grant period. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website.
Budget Attachment
ORT-Grant-Program-Budget-Attachment-Final_002_1.xlsx
SECTION V -
ATTACHMENTS
This section list the attachments that are required at the time of submission, unless otherwise noted. Project Work Plan (Appendix B) - Mandatory Grantee Assurance for Non-Governmental Organizations (Appendix D) - Mandatory Local Impact Letter(s) (Appendix E) - Mandatory Letter(s) of Commitment (Appendix F) - If Applicable Policies Limiting Racial Bias - Refer to page 9 of the Proposal Instruction Packet - Mandatory Policies on Surveillance Technology - Refer to page 9 of the Proposal Instruction Packet - If Applicable Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G) - Mandatory Governing Board Resolution (Appendix H) - Optional Project Work Plan (Appendix B)
Kovaleff_Project-Work-Plan-ORT_002.docx
Grantee Assurance for Non-Governmental Organizations (Appendix D) Appendix_D.pdf
Local Impact Letter(s) (Appendix E)
Impact_Letter.pdf
Letter(s) of Commitment, (Appendix F)
Lowes_Support_Letter.pdf
Palm_Springs_Chamber_of_Commerce_Letter_of_support_for_state_grant.pdf Burlington_Support_Letter_-Palm_Springs_Police_Department.pdf Home_Depot_-_Letter_of_Support_I_.pdf
Home_Depot_Letter_of_Support_II.pdf
Walmart_Ltr_of_Support.pdf
PS_Main_Street_businesses.pdf
Policies Limiting Racial Bias
Policy_401_Bias-Based_Policing.pdf
Policies on Surveillance Technology
Policy_341_Public_Safety_Video_Surveillance_System.pdf
Policy_609_Unmanned_Aerial_System.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G) Appendix_G.pdf
OPTIONAL: Governing
Board Resolution
(Appendix H)
n/a
Item 1S - Page 35
OPTIONAL:
Bibliography
n/a
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Organized Retail Theft Prevention Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
Item 1S - Page 36
Organized Retail Theft Prevention Grant Program
Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified.
Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application.
(1) Goal: > Reduce Organized Retail Theft at 400 businesses.
Objectives (A., B., etc.)
A- Install glass break tape in 200 stores to reduce or prevent retail theft.
B- Improve rapid notification of police services through a video-enhanced, real-time crime center to reduce the response time to retail theft calls for service.
C- Implement a drone program and automated license plate reader (ALPR) program to increase theft prevention, enhance retail store protection, and to decrease response time to retail theft calls in the central business district.
Process Measures and
Outcome Measures: Process Measure A- Determine the number of stores that installed glass break tape.
Process Outcome A- Determine if there has been a reduction of theft at the stores that installed glass break tape.
Process Measure B- Identify a baseline for the police response time to retail theft without the video-enhanced, real-time crime center.
Appendix B: Project Work Plan
Item 1S - Page 37
Organized Retail Theft Prevention Grant Program
Process Outcome B- Evaluate the police response time to retail theft, every three months, following the implementation of the video-enhanced, real time crime center, to determine if the response time and overall retail theft have decreased.
Process Measure C- Drone technology is implemented
Process Outcome C- Evaluate theft rates and response time, every three months, following the implementation of the drone program and automated license plate reader (ALPR) program, to determine if theft rates and response times have decreased.
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
• Identify a pre-glass break tape program baseline for retail theft rates.
• Initiate a public service campaign to advertise glass break tape program to local businesses.
• Solicit glass break tape program interest from the business districts.
• Contact businesses interested in glass break tape program participation.
• Select and enroll businesses for the glass break tape program.
• Solicit bids for glass break tape vendor
• Select glass break tape vendor
• Have the selected vendor install the glass break tape at selected businesses.
• Monitor retail theft crime rates every three months after the glass break tape program has been implemented
• Compare retail theft crime rates between businesses in the program and not in the program.
• PSPD Crime Analyst
• PSPD PIO
• PSPD Impact Team
• PSPD Impact Team
• PSPD Command
Staff
• City Contracting and
Procurement Division
• Selection Team
• Selected vendor
• PSPD Crime Analyst
• PSPD Crime Analyst
• 10/1/2023
• 10/1/2023
• 11/1/2023
• 12/1/2023
• 1/1/2024
• 1/20/2024
• 5/1/2024
• 6/1/2024
• 9/1/2024
• 9/1/2024
• 10/3/2023
• 10/31/2023
• 11/30/2023
• 12/31/2023
• 1/10/2024
• 3/20/2024
• 5/30/2024
• 9/1/2024
• 6/1/2027
• 6/1/2027
Item 1S - Page 38
-
Organized Retail Theft Prevention Grant Program
• Identify a pre-rapid notification program retail theft crime rate in the Downtown Business District.
• Initiate a public service campaign to advertise the
surveillance camera program to local business.
• Solicit surveillance camera program interest from the business districts.
• Contact businesses interested in surveillance camera
program participation.
• Select and enroll businesses for the program.
• Have the selected businesses install the surveillance cameras
• Reimburse businesses in the program for surveillance
camera purchases.
• Solicit bids for a real-time, crime center system through the City’s Request for Proposals process.
• Select a real-time, crime center system.
• Purchase a real-time, crime center system.
• Install a real-time, crime center system.
• Integrate the current and future technology systems with the real-time, crime center.
• Actively monitor real-time crime data.
• Monitor retail theft crime rates every three months after the rapid notification program has been implemented
• Compare retail theft crime rates pre-program to every three months after program implementation and adjust the
program as needed.
• PSPD Crime Analyst
• PSPD PIO
• PSPD Impact Team
• PSPD Impact Team
• PSPD Command
Staff
• City Finance Office
• City Contracting and
Procurement Office
• Evaluation Team
• City Finance Office
• City Information
Technologies Division
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• 10/1/2023
• 10/1/2023
• 11/1/2023
• 12/1/2023
• 1/1/2024
• 2/1/2024
• 3/1/2024
• 12/01/23
• 3/1/2024.
• 7/1/2024.
• 7/1/2024.
• 7/1/2024
• 7/1/2024.
• 10/3/2023
• 10/31/2023
• 11/7/2023
• 1/14/2024
• 1/14/2024
• 2/1/2025
• 9/01/2024
• 3/1/2024
• 6/1/2024
• 9/1/2024
• 6/1/2027
• 6/1/2027
• 6/1/2027
Item 1S - Page 39
Organized Retail Theft Prevention Grant Program
• Solicit bids for the purchase of drones, drone equipment, and drone software through the City’s Request for
Proposals process.
• Select vendors for drones and drone software systems. • Purchase drones and drone software systems.
• Add existing drone to the drone software system.
• Train additional drone operators and observers.
• Integrate drones and the drone software system with the real-time, crime center and any existing system as needed. • Monitor retail theft crime rates every three months after the drone program has been implemented
• Compare retail theft crime rates pre-program to every three months after program implementation and adjust the
program as needed.
• Determine locations for fixed automated license plate readers based on retail theft crime analysis.
• Solicit bids for the purchase of a fixed automated license plate reader (ALPR) system through the City’s Request for Proposals process.
• Select vendor for fixed ALPR system.
• Purchase ALPR system.
• Have vendor install fixed ALPR cameras at determined
locations.
• Evaluate current ALPR policy to determine if any changes need to maintain legal standards and transparency
standards.
• City Contracting and
Procurement Office
• Evaluation Team
• City Finance Office
• PSPD Drone Team
• PSPD Drone Team
• City Information
Technologies Division
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Impact Team
• City Contracting and
Procurement Office
• Evaluation Team
• City Finance Office
• Selected Vendor
• PSPD Command
Staff/ City Attorney
• 3/1/2024
• 12/1/2023
• 4/1/2024
• 07/1/2024
• 8/1/2024
• 8/1/2024
• 10/1/2024
• 12/1/2024
• 12/1/2024
• 11/1/2024
• 3/1/2024
• 1/3/2024.
• 4/1/2024
• 9/30/2024.
• 1/3/2025.
• 9/1/2024
• 3/1/2024
• 7/1/2024
• 8/1/2024
• 9/1/2024
• 10/1/2024
• 12/1/2024
• 6/1/2027
• 6/1/2027
• 12/31/2024
• 6/1/2024
• 3/1/2024
• 9/1/2024
• 10/30/2024
• 6/1/2027
Item 1S - Page 40
-
Organized Retail Theft Prevention Grant Program
• Train staff on use of fixed ALPR system.
• Integrate fixed ALPR system with the real-time, crime center and any existing system as needed.
• Monitor retail theft crime rates every three months after the ALPR program has been implemented
• Compare retail theft crime rates pre- program to every three months after program implementation and adjust the
program as needed.
• PSPD Training Unit
• City Information
Technologies Division
• PSPD Crime Analyst
• PSPD Crime Analyst
• 10/30/2024
• 11/1/2024
• 12/1/2024.
• 12/1/2024.
• 11/30/2024
• 12/1/2024
• 6/1/2027
• 6/1/2027
List data and sources to be used to measure outcomes:
Citywide theft crime data from NIBRS
Citywide crime data from NIBRS
Crime data based on business districts via our current Computer Aided Dispatch/Report Management Software (CAD/RMS) system Response time data from our current CAD/RMS system.
(2) Goal: > Reduce Catalytic Converter Theft in Palm Springs Objectives (A., B., etc.)
A- Implement a crime prevention program to permanently mark/etch the catalytic converters on high-risk vehicles.
B- Use hotspot policing and problem solving to target locations likely to have a disproportionate amount of catalytic converter theft.
C- Create focused deterrence by using undercover officers to purchase stolen catalytic converters in an undercover storefront recycling operation.
Item 1S - Page 41
Organized Retail Theft Prevention Grant Program
Process Measures and
Outcome Measures:
Process Measure A-The number of vehicles that had catalytic converters marked/etched and recycling centers notifying PSPD when marked/etched catalytic converters are attempted to be recycled.
Process Outcome A- A reduction in catalytic converter theft, recycling center compliance, and identifying known violators.
Process Measure B- Identify the number of hotspot patrol and problem-solving efforts in high-risk locations.
Process Outcome B- A reduction in catalytic converter thefts in identified problem areas.
Process Measure C- Identify the number of known catalytic converter theft violators.
Process Outcome C- Use of focused deterrence to deter future crimes.
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
• Identify a pre-catalytic converter marking/etching program theft baseline.
• Identify the vehicles at highest risk of catalytic converter theft.
• Initiate a public service campaign to make people aware of the catalytic converter marking/etching program and how to enroll.
• Solicit bids for a catalytic converter marking/etching vendor through the Request for Proposals process.
• Select and award a vendor.
• Accept owners of vehicles at highest risk of catalytic converter theft into the program.
• Have vendor implement marking/etching program to
accepted vehicles.
• Educate all Southern California catalytic converter recyclers on the marking/etching program.
• PSPD Command
Staff
• Evaluation Team
• PSPD PIO
• City Contracting and
Procurement Office
• Evaluation Team
• PSPD Command
Staff
• Selected Vendor
• PSPD PIO
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 3/1/2024
• 6/1/2024
• 9/1/2024
• 9/14/2024
• 10/14/2024
• 10/14/2023
• 10/30/21
• 10/31/2023
• 6/1/2024
• 9/1/2024
• 9/14/2024
• 10/14/2024
• 10/20/2024
Item 1S - Page 42
I I I
Organized Retail Theft Prevention Grant Program
• Compare catalytic converter theft rates pre-program to every three months post-program implementation.
• Identify locations with high rates of catalytic converter thefts.
• Analyze days and times for thefts.
• Use hotspot policing methods to address the high theft rate locations.
• Identify common problems causing catalytic converter
thefts.
• Use a problem-solving approach to identified areas.
• Compare catalytic converter theft rates in high theft rate areas from the onset of identification of areas to rates every three months after.
• Rent a vacant business and facility within the City of Palm Springs to be used as a decoy recycling center.
• Train a team of undercover officers on recycling center operations.
• Install basic business equipment and surveillance systems in the decoy recycling center.
• Begin operating recycling center.
• Identify 25 suspects responsible for thefts.
• Use 20 of the suspects to deter future crime by enrolling them in social programs to avoid the criminal justice
system.
• Monitor catalytic crime thefts post-decoy operation.
• Monitor the 25 suspects to see if they re-offend.
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Impact Team
• Evaluation Team
• PSPD Impact Team
• PSPD Crime Analyst
• PSPD Impact Team
• PSPD Training Unit
• PSPD Impact Team
• PSPD Impact Team
• PSPD Impact Team
• PSPD Impact Team
• PSPD Command Staff
• PSPD Impact Team
• 10/1/2024
• 10/1/2024
• 10/1/2024
• 10/1/2024
• 6/1/2024
• 7/1/2024
• 8/15/2024
• 8/1/2024
• 8/1/2024
• 8/1/2024
• 8/16/2024
• 11/1/2024
• 2/15/2025
• 8/16/2024
• 11/1/2024
• 6/1/2027
• 6/1/2027
• 6/1/2027
• 6/1/2027
• 6/30/2024
• 8/15/2024
• 6/1/2027
• 11/1/2024
• 8/15/2024
• 8/5/2024
• 11/1/2024
• 2/1/2025
• 4/15/2025
• 11/1/2024
• 6/1/2027
Item 1S - Page 43
Organized Retail Theft Prevention Grant Program
List data and sources to be used to measure outcomes:
Citywide catalytic converter theft crime data from NIBRS Citywide crime data from NIBRS
Crime data based identified high theft rate areas via our current Computer Aided Dispatch/Report Management Software (CAD/RMS) system Criminal re-offender data via CLETS and local Superior Court Computer records. (3) Goal: > Reduce Vehicle Theft in Palm Springs
Objectives (A., B., etc.) A- Analyze data and identify the geographical areas with the highest rates of vehicle theft.
B- Collaborate with local community members, businesses, and vehicle owners to increase awareness and share responsibility in preventing vehicle theft.
C- Develop an extensive countermeasure program to deter vehicle theft, to recover stolen vehicles, and to apprehend those responsible for stealing vehicles.
Process Measures and
Outcome Measures:
Process Outcome A- Identify the areas with high rates of vehicle theft.
Process Measure A- Reduced vehicle theft rates in identified areas.
Process Outcome B- Increase vehicle theft awareness and collaboration in the community.
Process Measure B- A reduction in citywide vehicle theft rates.
Process Outcome C- Identify areas to focus on automated license plate readers and surveillance cameras to address vehicle thefts.
Item 1S - Page 44
Organized Retail Theft Prevention Grant Program
Process Measure C- An increase in stolen vehicle recoveries, decreased auto theft rates, identification of known offenders, and vehicle theft deterrence.
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
• Analyze vehicle theft data to determine the areas of the city with the highest theft rates.
• Identify the types of vehicles stolen to determine which types are most targeted.
• Identify the modus operandi employed by the suspects
stealing vehicles.
• Analyze all data to see if there is a correlation between locations, types, and modus operandi used.
• Identify environmental design features that can be used to deter or prevent theft.
• Implement environmental design strategies to reduce theft. • Implement public education campaign on results of vehicles most likely to be stolen and how they are stolen.
• Analyze vehicle theft rates to determine post-program implementation, every three months, and adjust the
program when needed.
• Host a series of public meetings with community and
business members to gather information, increase
awareness, and to promote a collective responsibility for preventing vehicle theft.
• Implement a social media campaign to increase vehicle theft awareness.
• Monitor vehicle theft rates post-public awareness
campaign.
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Impact Team
• PSPD Impact Team
• PSPD PIO
• PSPD Crime Analyst
• PSPD Impact Team
• PSPD PIO
• PSPD Crime Analyst
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 12/1/2023
• 12/1/2023
• 10/1/2023
• 10/15/2023
• 10/10/2023
• 10/10/2023
• 10/10/2023
• 10/10/2023
• 10/5/2023
• 10/30/2023
• 10/5/2023
• 6/1/2027
• 6/1/2027
• 10/10/2023
• 6/1/2027
Item 1S - Page 45
I I I
Organized Retail Theft Prevention Grant Program
• Identify vehicle theft locations and stolen vehicle recovery locations through crime analysis.
• Identify major roadways that stolen vehicles utilize for travel based on crime analysis.
• Identify locations and the amount of fixed automated
license plate readers (ALPR) needed to address identified areas.
• Solicit bids for the purchase of a fixed automated license plate reader (ALPR) system through the City’s Request for Proposals process.
• Select vendor for fixed ALPR system.
• Purchase ALPR system.
• Have vendor install fixed ALPR cameras at determined
locations.
• Evaluate current ALPR policy to determine if any changes need to maintain legal standards and transparency
standards.
• Train staff on use of fixed ALPR system.
• Monitor vehicle theft crime rates every three months after the ALPR program has been implemented
• Identify vehicle theft locations and stolen vehicle recovery locations through crime analysis.
• Identify major roadways that stolen vehicles utilize for travel based on crime analysis.
• Identify locations and the amount of surveillance cameras needed to address identified areas.
• Solicit bids for a citywide surveillance camera system through the City’s Request for Proposals process.
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• City Contracting and
Procurement Office
• Evaluation Team
• City Finance Office
• PSPD Command
Staff
• PSPD Command
Staff
• PSPD Training Unit
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• PSPD Crime Analyst
• City Contracting and
Procurement Office
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 12/1/2023
• 1/15/2024
• 3/1/2024
• 4/1/2024
• 4/15/2024
• 4/1/2024
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 10/1/2023
• 3/1/2023
• 11/1/2023
• 11/1/2023
• 11/1/2023
• 12/1/2023
• 1/15/2024
• 3/1/2024
• 4/1/2024
• 4/15/2024
• 4/30/2024
• 6/1/2027
• 11/1/2023
• 11/1/2023
• 11/1/2023
• 12/1/2023
• 4/1/2023
Item 1S - Page 46
Organized Retail Theft Prevention Grant Program
• Select a surveillance camera system.
• Purchase a surveillance camera system.
• Install the surveillance camera system.
• Analyze surveillance camera system when vehicles are
stolen.
• Monitor vehicle theft crime rates every three months after the citywide surveillance camera program has been
implemented
• Evaluation Team
• City Finance Office
• City Information
Technologies Division
• PSPD Crime Analyst
• PSPD Crime Analyst
• 4/1/2023
• 5/15/2023
• 7/1/2023
• 7/1/2023
• 7/1/2023
• 5/15/2023
• 7/1/2023
• 8/1/2023
• 6/1/2027
• 6/1/2027
List data and sources to be used to measure outcomes:
Citywide vehicle theft crime data from NIBRS
Citywide crime data from NIBRS
Crime data based on locations via our current Computer Aided Dispatch/Report Management Software (CAD/RMS) system Item 1S - Page 47
-
Total
$658,023.00
$72,575.00
$0.00
$300,000.00
$190,000.00
$3,099,235.00
$24,200.00
$95,200.00
$120,000.00
$4,559,233.00
Total
$617,862.00
$13,387.00
$13,387.00
$13,387.00
$0.00
$0.00
$0.00
$0.00
$658,023.00
Total
$55,000.00
$17,575.00
$0.00
$0.00
$0.00
$0.00
$72,575.00
2b. Services and Supplies Narrative:
TOTAL
Description of Services or Supplies Calculation for Expenditure PSPD will work with the community (and business etching service providers) to have vehicle catalytic converters marked with etching or similar technology. Staff (professional and sworn) will provide education campaigns to retail establishments by way of environmental design suggestions. Staff will also create a networking system (through education classes, social media posts, advertisements, etc.) to rapidly communicate crime information on trends and suspects. The department’s social media specialist will focus and engage in continual postings, announcements, marketing, interviews on location, and recordings to keep the public apprised of news, updates, bulletins, warnings, etc.
Professional 4-D Video Camera: $5,000.00
Professional Backdrops, marketing PSPD, PSPD-TV: $2,000 TOTAL
Police Officer or Detective
Organized Retail Theft Prevention Grant Program - Project Budget and Budget Narrative 44-Month Budget: October 1, 2023 to June 1, 2027
Palm Springs Police Department
2a. Services and Supplies
Name of Applicant:
(i.e., County Sheriff's Office, County Probation Department, or City Police Department) professional print costs average $1.10@ for flyers / $1.65@ for pamphlets/brochures x 20,000 over 3 yr period Budget Line Item
Note: Rows 7-16 will auto-populate based on the information entered in the budget line items (Salaries and Benefits, Services and Supplies, etc.) Print advertisement (pamphlets, flyers, etc.)
Social media equipment for educational campaigns,
meetings/events announcements, marketing, within the
20 hours per week for 8 weeks (total 160 hours) / average salary of $55.78 per hour @ overtime rate = $83.67 Police Officer or Detective
1. Salaries & Benefits
4. Non-Governmental Organization (NGO) Subcontracts
6. Equipment/Fixed Assets
7. Financial Audit (Up to $25,000)
8. Other (Travel, Training, etc.)
1a. Salaries & Benefits
Description of Salaries & Benefits (% FTE or Hourly Rate) & Benefits Police Officer hire new / full time sworn employee / fully burdened position / $205,954 per year for 3 years 20 hours per week for 8 weeks (total 160 hours) / average salary of $55.78 per hour @ overtime rate = $83.67 Police Officer or Detective
2. Services and Supplies
3. Professional Services or Public Agencies
5. Data Collection and Evaluation
9. Indirect Costs
20 hours per week for 8 weeks (total 160 hours) / average salary of $55.78 per hour @ overtime rate = $83.67 TOTAL
1b. Salaries & Benefits Narrative:
One full-time sworn peace officer is to be hired solely dedicated to managing the program and liaising with the business/residential community. Overtime is to be offered to three police officers/detectives to work undercover operations to attract thieves and purchase stolen property from them. Once the thief is identified, officers/detectives will work with the District Attorney’s Office and an anti-recidivism non-profit organization as a resource to provide/offer rehabilitation instead of incarceration. Operations efforts will be augmented through hotspot policing allowing officers/detectives to strategically deploy to high theft (retail, vehicle,& catalytic converter) areas using data-driven crime analysis, aiming to deter theft activities.
Item 1S - Page 48
C PG P CORREC IONS PLANNING ANO GRANT PROGRAMS
Description of Professional Service(s) Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
3b. Professional Services Narrative
Total
$300,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$300,000.00
Total
$190,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$190,000.00
Description of Equipment/Fixed Assets Total
$162,160.00 2 Drones + kit, remotes, batteries, propellers, case and care plan $27,998, 24 flight batteries $7896, 4 RC remote batteries $236, 2 speakers and spotlights $4398, 2 cases $998, 12 propellers $588, 8 drones with 2 year care plan Calculation for Expenditure
TOTAL
N/A
6a. Equipment/Fixed Assets
Calculation for Expense
3a. Professional Services
Drones, Software, Care, Replacement Parts, (2) Drones
@13999 each
5a. Data Collection and Evaluation
Calculation for Expense
TOTALS
4b. Non-Governmental Organization (NGO) Subcontracts Narrative PSPD will seek out a non-profit organization that specializes in rehabilitating probation/paroled individuals with criminal theft backgrounds. The goal is to reduce theft incarcerations which contribute to jail overcrowding. By requiring individuals to participate in rehabilitation program likelihood of recidivism is reduced. A non-profit organization has not yet been selected. The estimated cost includes expected program admission, monitoring/treatment, visits, follow up care. etc.
Description of Non-Governmental Organization
(NGO) Subcontracts
Description of Data Collection and Evaluation
Research Analyst/Evaluator Estimated 5% of total grant award / Analyst will collect & research data over a period of 44 months. 5b. Data Collection and Evaluation Narrative
Engaging an external evaluator will provide an unbiased and objective assessment of our initiatives, ensuring accurate measurement of outcomes and enhancing our credibility with funders and stakeholders.
An external grant evaluator brings an unbiased perspective to the evaluation process. Their independence ensures impartiality, eliminating any potential conflicts of interest that could arise from conducting evaluations internally. By engaging an outside evaluator, we demonstrate our commitment to transparency and accountability, lending greater credibility to the evaluation results.
Professional grant evaluators possess specialized knowledge and expertise in evaluation methodologies and techniques. They are skilled in designing evaluation frameworks, collecting and analyzing data, and producing evidence-based reports. Their methodological rigor ensures the validity and reliability of evaluation findings, providing meaningful insights into program effectiveness and impact.
An external grant evaluator will work collaboratively with our organization to design a comprehensive evaluation plan tailored to our specific program objectives and grant requirements They will assist 4a. Non-Governmental Organization (NGO) Subcontracts
Calculation for Expense
Unidentified non-profit organization Services to be provided; rehabilitation to decrease likilhood of recidivism - estimated cost for 15 people / $20,000 @ person
TOTALS
Item 1S - Page 49
$26,400.00
$660,000.00
$900,000.00
$755,000.00
$265,000.00
$315,000.00
$15,675.00
$3,099,235.00
Total
$24,200.00
$0.00
$0.00
$0.00
$0.00
$0.00
$24,200.00
Total
$50,000.00
$45,200.00
$0.00
$0.00
$0.00
$0.00
$95,200.00
Grant Funds Total
$120,000 $120,000
$0
$0 $0
$0
The Palm Springs Police Department is dedicated to addressing the twin challenges of retail theft and reducing motor vehicle theft, including motor vehicle accessory theft, within our diverse jurisdiction.
Our grant application seeks funding to equip our law enforcement agency with essential tools that are tailored to combat these specific crimes in both urban and hard-to-reach desert environments. By acquiring advanced resources such as surveillance cameras, license plate readers, GPS property trackers, crime analysis software, etching machines for catalytic converters, window film, and vehicles for our specialized staff, including a mobile real-time crime center, we will bolster our capacity to effectively investigate retail theft incidents and combat motor vehicle-related crimes. These tools will enable us to enhance surveillance, swiftly identify and apprehend offenders, track stolen vehicles and accessories even in challenging desert terrains, analyze crime data for proactive strategies, employ specialized theft prevention measures, fortify both urban and remote storefronts against break-ins, and ensure a prompt and coordinated response to incidents across our jurisdiction. This grant will serve as a critical resource, empowering the Palm Springs Police Department to protect local businesses, residents, and visitors, while creating a safer retail and vehicular environment in our vibrant community.
GPS Property Trackers 15 property gps trackers - $1045 per tracker includes tracker + 3 years monitoring per tracker Business Surveillance Cameras + monitoring
City Cameras, LPR, Real Time Crime Software
300 businesses @ 200 sq ft average coverage per business $660,000 / 300 = $2200 install per location ($11 per sq ft ) Vehicles
Multi-Agency Integration Software
300 businesses includes camera purchase, monitoring through RTCC for 3 years and install $3000 per location + 3 years monitoring costs for monitoring from the RTCC at PD Headquarters. 40 Cloud based ptz cameras, + 40 LPRs (Install and ongoing costs for 3 years included) $500 install per location for downtown retail area cameras(30) + $110 -$699 per LPR location if poles are needed.
Patrol car, + Can Am off road $40,000 with police package, + Mobile Real Time Crime Center to include command console pullouts, computer, computer screens, police radio, LPR, storage 3 years software license
Window Film
TOTALS
6b. Equipment/Fixed Assets Narrative
Etching Machine for Catalytic Converters 3 machines at $8000 per machine with 10% sales tax included Community Training Staffing to provide training courses (offered at no cost to the public/business owners). Overtime estimated costs: $87 per hour per staff member – average 5 employees x 8 hours (setup/preparation & course 8a.Other (Travel, Training, etc.)
Description Calculation for Expense
Staff Training 5 staff (professional/sworn) / Problem Oriented Policing Training Conference / airfare, lodging, per diem, & registration fees / Attend twice over 44 month period = Estimated cost $10,000 per person x 5 people 7a.Financial Audit
Description Calculation for Expense
Certified Public Account (CPA) To provide financial auditing services for 44 months / estimated @ $550 month for 44 months For this grant program, indirect costs may be charged using only one of the two options below:
1) Indirect costs not to exceed 10 percent (10%) of the total grant award. Applicable if the organization does not have a federally approved indirect cost rate.
If using Option 1) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs not to exceed 20 percent (20%) of the total grant award. Applicable if the organization has a federally approved indirect cost rate. Amount claimed may not exceed the organization's federally approved indirect cost rate.
If using Option 2) grant funds allocated to Indirect Costs may not exceed:
TOTAL
7b. Financial Audit) Narrative:
The hiring of a Certified Public Accountant (CPA) to oversee our department’s grant funding would be a strategic addition to our team to ensure proper financial management, compliance with grant regulations, and optimal utilization of funds. A CPA plays a critical role providing the following:
Expertise in Grant Accounting and Compliance: Grants often come with specific financial reporting requirements and compliance regulations. Hiring a CPA with specialized knowledge in grant accounting will ensure that our department maintains accurate records, prepares timely financial reports, and adheres to all regulatory guidelines. This expertise will minimize the risk of financial mismanagement, potential audit findings, and non-compliance penalties.
Effective Grant Monitoring and Tracking: A CPA with experience in grant funding can establish robust systems for monitoring and tracking grant expenses. They will develop efficient financial controls, ensuring that expenditures are properly authorized, documented, and allocated to the appropriate grants. This level of oversight will help prevent overspending, identify potential cost-saving measures, and maximize the impact of grant funds.
Budget Planning and Forecasting: A CPA will play a crucial role in budget planning and forecasting for grant-funded programs. They will work closely with program managers to develop realistic and accurate budgets taking into account all necessary expenses and ensuring alignment with grant guidelines They will facilitate effective resource allocation enabling us to achieve our program goals 9a. Indirect Costs
8b. Other (Travel, Training, etc.) Narrative:
The allocation of resources to send five staff members from our department to a Problem-Oriented Policing (POP) training program will prove extremely beneficial. This training aims to enhance our department’s capabilities and address the evolving challenges of law enforcement in our community.
Training Overview: Problem-Oriented Policing is a proactive approach that focuses on identifying and analyzing recurring problems within our jurisdiction and developing innovative strategies to address them. The training program we propose will equip our staff members with the necessary knowledge and skills to effectively implement POP principles. It will cover topics such as problem identification, analysis, response evaluation, and collaboration with community stakeholders.
Benefits and Expected Outcomes:
Enhanced Problem-Solving Skills: The POP training will enable our staff members to identify the root causes of recurring issues, analyze them comprehensively, and develop effective strategies to address them. This approach will lead to more efficient resource allocation and better outcomes in our community.
Increased Community Engagement: By utilizing the POP approach, our staff members will foster stronger relationships with community members and stakeholders. This collaborative effort will build trust, improve information sharing and create a safer environment for all TOTAL
Item 1S - Page 50
TOTAL $120,000 $120,000
9b. Indirect Costs Narrative:
Unforeseen vehicle/equipment and malfunction/repairs are inevitable. Vehicles and equipment are essential assets for our department’s operations. However, despite regular/proactive maintenance and care, unexpected/unforeseen malfunctions can occur. These malfunctions can range from minor repairs to significant breakdowns, impacting our ability to deliver services effectively and efficiently.
As part of this proposal, our department will seek to rent a vacant location to aid in the unlawful recycling undercover operation. The Palm Springs Police Department will also seek assistance from our city’s Information Technology Department to assist with the implementation of software and computer equipment setup.
By having the necessary funds readily available, we can quickly address any unforeseen issues and minimize any disruption to our operations. The Palm Springs Police Department would expect to not exceed 10 percent of the total grant award.
Please see instructions tab for additional information regarding Indirect Costs. If the amount exceeds the maximum allowed and/or turns red , please adjust it to not exceed the line-item noted.
Item 1S - Page 51
City of Palm Springs
Office of the Chief of Police
200 South Civic Drive • Palm Springs, California 92262
Tel: (760) 323-8126 • Fax: (760) 323-8173 • TDD: (760) 864-9527 • Web: www.pspd.com July 5, 2023
Chief of Police Andrew G. Mills
Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92262
Re: Impact Letter – Organized Retail Theft Prevention Grant Program The Organized Retail Theft Prevention Grant Program, which aims to enhance our community's security by combating organized retail theft, has been meticulously reviewed by our department.
We have taken into consideration various factors, such as resource allocation, manpower, and operational capacity, to ensure that the implementation of this program will not place any undue burden on our neighboring agencies.
Our comprehensive evaluation and collaboration with relevant stakeholders have revealed that the grant program is designed to augment the existing efforts of the Palm Springs Police Department. It will enable us to effectively address the rising challenges posed by organized retail theft, catalytic converter theft, and auto vehicle theft, while maintaining the highest standards of public safety and ensuring the seamless functioning of our law enforcement ecosystem.
Furthermore, we have established open lines of communication with neighboring agencies to foster cooperation and exchange of information. This collaborative approach will facilitate the sharing of resources, intelligence, and best practices, thereby enhancing the collective ability of all agencies to combat organized retail theft.
In conclusion, I want to reiterate that the Palm Springs Police Department is confident that the implementation of the Organized Retail Theft Prevention Grant Program will not have any negative impact on any other law enforcement agency. We remain committed to working closely with our neighboring agencies and will continue to prioritize effective communication and coordination.
Should you require any further information or have any specific concerns, please do not hesitate to contact me at (760) 323-8135. Thank you for your attention to this matter, and we look forward to a continued fruitful collaboration in maintaining the safety and security of our community.
With the best interest of California in mind.
Andrew G. Mills
Chief of Police
"Deter Crime and enhance quality of life through exemplary service." Post Office Box 1830 • Palm Springs, California 92263-1830 Item 1S - Page 52
Chief Andrew Mills
Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92262
Dear Chief Mills:
RE: WALMART SUPPORT FOR ORGANIZED RETAIL THEFT PREVENTION GRANT PROGRAM AWARD
I am writing to express Walmart's support of the Palm Springs Police Department’s efforts to curtail organized retail theft. The department’s work here, in conjunction with the grant funding available through the Board of State and Community Corrections, presents a valuable opportunity to combat organized retail theft effectively in our community.
Walmart recognizes the significant impact that organized retail crime and theft has on businesses, consumers, and the overall security of our community, and Walmart is committed to fostering partnerships with law enforcement agencies to address the resulting challenges. Accordingly, we support the Palm Springs Police Department’s pursuit of this grant opportunity.
As a leading retailer, Walmart understands the importance of collaboration between businesses and law enforcement agencies. We plan to continue our ongoing collaboration through information sharing, supporting joint efforts, and where appropriate and consistent with our policies, implementing new preventive measures within our stores. We recognize this collective approach is essential to achieve the desired outcomes of reducing organized retail theft and protecting the interests of both retailers and consumers.
We appreciate the expertise and experience of police forces like the Palm Springs Police Department in combating organized retail crime. We believe that their leadership, coupled with the resources provided through the Organized Retail Theft Prevention Grant Program, can result in the implementation of effective prevention strategies and the disruption of organized theft rings. We also believe this effort can lead to a safer shopping environment and a stronger community.
Moreover, we believe that additional funding and focus on combatting organized retail theft will increase public awareness of this critical issue and inspire other retailers to join the fight or increase their efforts against organized retail theft. By working together, we can send a powerful message that such criminal activities will not be tolerated in our communities.
We support Palm Springs Police Department application for grant funding provided by the Board of State and Community Corrections and look forward to our continued collaboration on this important issue.
Yours sincerely,
Leslie Clark
Market Asset Protection Manager
Walmart
Item 1S - Page 53
Walmart
S••• money. l ive better.
,,
'1'
Anthony Ortega
Senior Manager – Field Investigations
1830 Route 130 North
Burlington, NJ, 08016
June 21, 2023
Chief Andrew Mills
Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92262
Dear Chief Andrew Mills,
RE: LETTER OF SUPPORT FOR PARTNERSHIP IN THE EVENT OF GRANT SUCCESS I am writing to express Burlington's full support for partnering with the Palm Springs Police Department in the event that you secure the Organized Retail Theft Prevention Grant. We believe that this partnership, bolstered by the grant funding, holds immense potential to combat organized retail theft effectively in our community.
Burlington is committed to fostering partnerships with law enforcement agencies to address the challenges posed by organized retail theft. We understand the significant impact that this type of criminal activity has on businesses, consumers, and the overall security of our community. Therefore, we are thrilled to extend our support to the Palm Springs Police Department in their pursuit of this grant opportunity.
We recognize the expertise and experience of the Palm Springs Police Department in combating organized retail theft. We believe that our collaboration, combined with the resources provided through the grant, will result in the implementation of effective prevention strategies and the disruption of organized theft rings. Together, we can create a safer shopping environment and a stronger community.
As a leading off price retailer, Burlington understands the importance of collaboration between businesses and law enforcement agencies. We are committed to actively participating in this partnership through information sharing, supporting joint efforts, and implementing preventive measures within our stores. We recognize that this collective approach is essential to achieve the desired outcomes of reducing organized retail theft and protecting the interests of both retailers and consumers.
Moreover, we believe that this partnership, fortified by the grant funding, will create a positive ripple effect within the community. It will foster public awareness and encourage other retailers to join the fight against organized retail theft. By working together, we can send a powerful message that such criminal activities will not be tolerated in Palm Springs.
Item 1S - Page 54
In conclusion, Burlington wholeheartedly supports partnering with the Palm Springs Police Department in the event that you secure the Organized Retail Theft Prevention Grant. We are excited about the potential impact of this collaboration and the grant funding. We eagerly await the outcome of your grant application and, if successful, look forward to working closely with your department to implement effective strategies and create a safer environment for our customers and residents.
Thank you for your dedication and commitment to addressing organized retail theft and keeping our community safe. Please do not hesitate to reach out if there is anything we can do to assist in the implementation of this important initiative.
Respectively,
Anthony Ortega
Senior Manager - Investigations (West)
Asset Protection
Burlington Stores, Inc.
Mobile: 609.667.9524
[email protected]
Item 1S - Page 55
Item 1S - Page 56 --
II
Dannielle Riley
Multi Asset Protection Manager Home Depot District 23
Dannielle I [email protected]
(951)499-9822
06/22/2023
Chief Andrew Mills
Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92262
Dear Chief Andrew Mills,
RE: LITTER OF SUPPORT FOR PARTNERSHIP IN THE EVENT OF GRANT SUCCESS I am writing to express Home Depot's full support for partnering with the Palm Springs Police Department in the event that you secure the Organized Retail Theft Prevention Grant. We believe that this partnership, bols_tered by the grant funding, holds immense potential to combat organized retail theft effectively in our community.
Home Depot is committed to fostering partnerships with law enforcement agencies to address the challenges posed by organized retail theft. We understand the significant impact that this type of criminal activity has on businesses, consumers, and the overall security of our community. Therefore, we are thrilled to extend our support to the Palm Springs Police Department in their pursuit of this grant opportunity.
We recognize the expertise and experience of the Palm Springs Police Department in cambatl~ organized retail theft We believe that our collaboration, combined with the resources pr:Vif'.lded through the grant, will result in the implementation of effective prevention strategies and disruption of organized theft rings. Together, we can create a safer shopping e~ ranffl"Alrtt a stronger community.
INTERNAL USE
Item 1S - Page 57
As a leading home improvement retailer, Home Depot understands the importance of collaboration between businesses and law enforcement agencies. We are committed to actively participating in this partnership through information sharing, supporting joint efforts, and Implementing preventive measures within our stores. We recognize that this collective approach is essential to achieve the desired outcomes of reducing organized retail theft and protecting the interests of both retailers and consumers.
Moreover, we believe that this partnership, fortified by the grant funding, will create a positive ripple effect within the community. It will foster public awareness and encourage other retailers to join the fight against organized retail theft. By working together, we can send a powerful message that such criminal activities will not be tolerated in Palm Springs.
In conclusion, Home Depot wholeheartedly supports partnering with the Palm Springs Police Department in the event that you secure the Organized Retail Theft Prevention Grant. We are excited .-bout the potential Impact of this collaboration and the grant funding. We eagerly await the outcome of your grant application and, if successful, look forward to working closely with your department to implement effective strategies and create a safer environment for our customers and-residents.
Thank you for your dedication and commitment to addressing organized retail theft. Please do not hesitate to reach out if there Is anything we can do to assist in the implementation of this Important initiative.
Yours sincerely,
Dannielle Riley
Multi Asset Protection Manager Home Depot
Item 1S - Page 58
Larry Lubinsky
Store Manager
Home Depot store 8526 Palm Springs
5200 E. Ramon Rd. Building A
Palm Springs, Ca 92264
06/22/2023
Chief Andrew Mills
Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92262
Dear Chief Andrew Mills,
RE: LETTER OF SUPPORT FOR PARTNERSHIP IN THE EVENT OF GRANT SUCCESS I am writing to express Home Depot's full support for partnering with the Palm Springs Police Department in the event that you secure the Organized Retail Theft Prevention Grant. We believe that this partnership, bolstered by the grant funding, holds immense potential to combat organized retail theft effectively in our community.
Home Depot is committed to fostering partnerships with law enforcement agencies to address the challenges posed by organized retail theft. We understand the significant Impact that this type of criminal activity has on businesses, consumers, and the overall security of our community. Therefore, we are thrilled to extend our support to the Palm Springs Police Department in their pursuit of this grant opportunity.
We recognize the expertise and experience of the Palm Springs Police Department in combatina organized retail theft. We believe that our collaboration, combined With the resources provided through the grant, will result In the implementation of effective prevention strategies and the disruption of organized theft rings. Together, we can create a safer shopping environment and a stronger community.
INTERNAL USE
Item 1S - Page 59
As a leading home improvement retailer, Home Depot understands the importance of collaboration between businesses and law enforcement agencies. We are committed to actively participating in this partnership through information sharing, supporting joint efforts, and implementing preventive measures within our stores. We recognize that this collective approach is essential to achieve the desired outcomes of reducing organized retail theft and protecting the interests of both retailers and consumers.
Moreover, we believe that this partnership, fortified by the grant funding, will create a positive ripple effect within the community. It will foster public awareness and encourage other retailers to join the fight against organized retail theft. By working together, we can send a powerful message that such criminal activities will not be tolerated in Palm Springs.
In conclusion, Home Depot wholeheartedly supports partnering with the Palm Springs Police Department in the event that you secure the Organized Retail Theft Prevention Grant. We are excited about the potential impact of this collaboration and the grant funding. We eagerly await the outcome of your grant application and, if successful, look forward to working closely with your department to implement effective strategies and create a safer environment for our customers and residents.
Thank you for your dedication and commitment to addressing organized retail theft. Please do not hesitate to reach out if there is anything we can do to assist in the implementation of this important initiative.
Yours sincerely,
Larry Lubinsky
Store Manager Home Depot
Stephanie Ramirez
Assistant Manager
Lowes Palm Springs
5201 E. Ramon Rd.
Palm Springs, CA 92240
June 28, 2023
Chief Andrew Mills
Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92262
Dear Chief Andrew Mills,
RE: SUPPORT FOR PARTNERSHIP IN COMBATING ORGANIZED RETAIL THEFT I am writing to express Lowe's Home Improvement's wholehearted support for partnering with the Palm Springs Police Department in our shared mission to combat organized retail theft. We firmly believe that through collaboration, we can make a significant impact in creating a safer and more secure environment for our valued customers and the community of Palm Springs.
Lowe's Home Improvement is dedicated to serving as a trusted resource for homeowners, builders, and DIY enthusiasts. We understand the importance of working hand in hand with law enforcement agencies to address the challenges posed by organized retail theft, which adversely affects our business and the overall well-being of the community.
We are thrilled to learn about the Organized Retail Theft Prevention Grant and the potential it holds for strengthening our partnership. This grant will empower us to implement proactive measures, develop innovative strategies, and mobilize resources to effectively combat organized retail theft. Together with the Palm Springs Police Department, we can create a powerful deterrent against these criminal activities.
Item 1S - Page 60
Lowe's Home Improvement is committed to collaborative efforts. By sharing our expertise, exchanging vital information, and leveraging our respective strengths, we can develop comprehensive prevention initiatives, enhance security measures, and raise community awareness. Our united front will disrupt organized retail theft networks, safeguard the interests of businesses and customers, and send a clear message that Palm Springs is intolerant of such crimes.
We eagerly look forward to the opportunity to meet with you and your esteemed team to discuss the details of our partnership. By fostering open dialogue, active collaboration, and continuous improvement, we can develop effective strategies and establish clear lines of communication. Together, we will build a strong and trusting relationship that will drive our joint mission forward.
Thank you for your unwavering dedication and commitment to the safety and security of Palm Springs. Lowe's Home Improvement stands ready to contribute our resources, knowledge, and unyielding support to this vital cause. Together, we can create a community where organized retail theft has become a thing of the past.
Yours sincerely,
Stephanie Ramirez
Assistant Manager Lowe's Home Improvement
Email| [email protected]
Palm Springs, CA
Item 1S - Page 61
Nona Watson, CEO
Palm Springs Chamber of Commerce
190 W. Amado Road
Palm Springs, CA 92262
Andrew Mills, Chief of Police
200 S. Civic Drive
Palm Springs, CA 92262
Attn: BSCC Grant Administrator
Subject: Letter of Support for Palm Springs Police Department’s Application for the State of California Retail Theft Grant
Dear Chief Mills:
On behalf of the Palm Springs Chamber of Commerce, and our 1,285 member businesses, I am writing to express our wholehearted support for the Palm Springs Police Department’s application for the State of California Retail Theft Grant. We firmly believe that this grant will be instrumental in enhancing public safety, protecting local businesses, and fostering a secure shopping environment in Palm Springs.
The Palm Springs Police Department (PSPD) has consistently demonstrated an unwavering commitment to safeguarding our community. Their proactive approach to law enforcement, community engagement, and collaborative initiatives has had a significant positive impact on crime prevention. The State of California Retail Theft Grant would provide PSPD with the necessary resources to amplify their efforts and effectively combat the growing problem of retail theft.
Furthermore, the Palm Springs Chamber of Commerce is eager to partner with the Palm Springs Police Department, should they be awarded this grant. As part of this partnership, we are committed to assisting and educating local businesses on Retail Theft Prevention. Leveraging our extensive network and resources, we aim to empower businesses with the knowledge, tools, and best practices required to mitigate the risk of retail theft and safeguard their interests.
In addition, the Chamber of Commerce is enthusiastic about collaborating closely with the Palm Springs Police Department to establish local protocols and programs aimed at preventing retail theft in our community. We recognize that a comprehensive approach to retail theft prevention requires strong collaboration between law enforcement and the business sector. Together, we can foster a safe and secure retail environment that bolsters businesses, benefits residents, and enhances the overall appeal of Palm Springs.
Item 1S - Page 62
yOV.f? ~J:::t:o PALM SPRINGS
;2.; ~ c Chamber of Commerce
We firmly believe that this partnership will make a significant impact in reducing retail theft incidents, strengthening our local economy, and improving the quality of life in Palm Springs. The Palm Springs Chamber of Commerce is ready to invest our time, expertise, and resources into this collaborative effort.
We extend our full support to the Palm Springs Police Department’s application for the State of California Retail Theft Grant and commend their dedication to public safety. We are confident that this grant will serve as a catalyst in our ongoing efforts to combat retail theft and ensure a secure shopping experience for everyone in Palm Springs.
Thank you for considering our endorsement of the Palm Springs Police Department’s application for the State of California Retail Theft Grant. Should you require any additional information or further discussion, please do not hesitate to contact me directly.
Sincerely,
Nona Watson, CEO
Palm Springs Chamber of Commerce
cc: Palm Springs Police Department
Item 1S - Page 63
Main Street Palm Springs
268 N Palm Canyon Drive
Palm Springs CA 92262
760-333-6820
[email protected]
July 1, 2023
Dear Andrew Mills, Chief of Police,
On behalf of Main Street Palm Springs, the business association of downtown and uptown Palm Springs, representing hundreds of businesses, including retail establishments, we write this letter to express our strong support for the Palm Springs Police Department's application for the state's organized retail theft grant. We believe that partnering with the Palm Springs Police Department to combat retail theft will greatly benefit our community and contribute to a safer business environment.
As business owners in Palm Springs, we understand the significant impact that retail theft has on our livelihoods and the overall economic stability of our region. Over the past years, we have witnessed an alarming rise in organized retail theft, which not only causes financial losses but also disrupts the sense of security for both business owners and customers alike.
It is imperative that we take proactive measures to address this growing concern.
We commend the Palm Springs Police Department for their dedication and commitment to maintaining public safety. Their expertise, resources, and strategic approach have been crucial in combating various forms of crime within our community. By obtaining the organized retail theft grant, the Police Department will be able to further enhance their efforts in investigating, preventing, and deterring retail theft incidents, which will directly benefit businesses like ours.
Through this partnership, we believe that we can create a comprehensive and unified approach to combat retail theft effectively. By working closely with the Police Department, we can share valuable information, implement preventive measures, and collaborate on training programs to improve the security measures of our establishments. This collective effort will send a strong message to potential offenders that retail theft will not be tolerated in Palm Springs.
Item 1S - Page 64
DOWNTOWN & UPTOWN BUSINESS ASSOCIATION
Moreover, we firmly believe that addressing retail theft will have a positive ripple effect on our community. It will encourage more visitors and customers to shop in our downtown area, knowing that we prioritize their safety and strive to provide them with a pleasant shopping experience. This, in turn, will contribute to the economic growth of Palm Springs and strengthen our reputation as a destination of choice for both residents and tourists.
In conclusion, we wholeheartedly support the Palm Springs Police Department in their pursuit of the state's organized retail theft grant and their ongoing commitment to combat retail theft. We urge you to consider our endorsement and provide the necessary resources to ensure the success of this partnership. Together, we can create a safer and more prosperous business environment in Palm Springs.
Thank you for your attention to this matter. We look forward to the positive impact that this collaboration will have on our community.
Sincerely,
Joy Meredith
President, Main Street Palm Springs
Item 1S - Page 65
Policy
401
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Bias-Based Policing - 1
Bias-Based Policing
401.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Palm Springs Police Department's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). 401.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4).
401.2 POLICY
The Palm Springs Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 401.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes.
401.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
(a) In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity.
Item 1S - Page 66
Palm Springs Police Department
Policies
Bias-Based Policing
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Bias-Based Policing - 2
401.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.
401.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 401.4.2 REPORTING TRAFFIC STOPS
Each time an officer makes a traffic stop, the officer shall report any information required in the Traffic Function and Responsibility Policy.
401.4.3 REPORTING OF STOPS
Unless an exception applies under 11 CCR 999.227, an officer conducting a stop of a person shall collect the data elements required by 11 CCR 999.226 for every person stopped and prepare a stop data report. When multiple officers conduct a stop, the officer with the highest level of engagement with the person shall collect the data elements and prepare the report (11 CCR 999.227).
DOJ Defines a Stop as: For the purposes of these regulations means (1) by a peace officer of a person; or (2) any peace officer interaction with a person in which the office conducts a search, as defined in the regulations.
DOJ Defines a Detention as: Unless otherwise provided in these regulations, means a seizure of a person by an officer that results from physical restraint, unequivocal verbal commands or words or .
DOJ Defines a Search as: Unless otherwise provided, means a search of a person's body or property in the person's possession or under his or her control, and includes a pat-down search of a person's outer clothing as well as a consensual search, as defined in these regulations.
If multiple agencies are involved in a stop and the Palm Springs Police Department is the primary agency, the Palm Springs Police Department officer shall collect the data elements and prepare the stop data report (11 CCR 999.227).
The stop data report should be completed by the end of the officer's shift or as soon as practicable (11 CCR 999.227).
Item 1S - Page 67
Palm Springs Police Department
Policies
Bias-Based Policing
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Bias-Based Policing - 3
401.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner. (b) Supervisors should periodically review MAV recordings, portable audio/video recordings, Mobile Digital Computer (MDC) data and any other available resource used to document contact between officers and the public to ensure compliance with the policy.
1. Supervisors should document these periodic reviews.
2. Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing.
401.6 ADMINISTRATION
Each year, the Operations Captain should review the efforts of the Department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police.
The annual report should not contain any identifying information about any specific complaint, member of the public or officers. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service.
Supervisors should review the annual report and discuss the results with those they are assigned to supervise.
401.7 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed by the Training Unit.
(a) All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing.
(b) Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community.
Item 1S - Page 68
Palm Springs Police Department
Policies
Bias-Based Policing
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Bias-Based Policing - 4
(c) Each sworn member of this department who received initial bias-based policing training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 401.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Internal Affairs Unit Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the Administrative Services Lieutenant for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Bureau Policy.
Supervisors should ensure that data stop reports are provided to the Administrative Services Lieutenant for required annual reporting to the DOJ (Government Code § 12525.5) (See Records Bureau Policy).
Item 1S - Page 69
Policy
341
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Public Safety Video Surveillance System - 1
Public Safety Video Surveillance System
341.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of department public safety video surveillance, as well as the storage and release of the captured images.
This policy only applies to overt, marked public safety video surveillance systems operated by the Department. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Department. 341.2 POLICY
The Palm Springs Police Department operates a public safety video surveillance system to complement its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. Cameras may be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters and to assist City officials in providing services to the community.
Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.
341.3 OPERATIONAL GUIDELINES
Only department-approved video surveillance equipment shall be utilized. Members authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Chief of Police or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 341.3.1 PLACEMENT AND MONITORING
Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the Chief of Police should confer with other affected City divisions and designated community groups when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation, or other obstructions, should also be evaluated when determining placement.
The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around highvalue or high-threat areas. The public video surveillance system may be useful for the following purposes:
(a) To prevent, deter, and identify criminal activity.
(b) To target identified areas of gang and narcotics complaints or activity. (c) To respond to critical incidents.
Item 1S - Page 70
Palm Springs Police Department
Policies
Public Safety Video Surveillance System
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Public Safety Video Surveillance System - 2
(d) To assist in identifying, apprehending, and prosecuting offenders. (e) To document officer and offender conduct during interactions to safeguard the rights of the public and officers.
(f) To augment resources in a cost-effective manner.
(g) To monitor pedestrian and vehicle traffic activity.
Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. Images should be transmitted to monitors installed in the Watch Commander’s office and the Dispatch Center. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding officers in a timely manner. The Watch Commander or trained personnel in the Dispatch Center are authorized to adjust the cameras to more effectively view a particular area for any legitimate public safety purpose.
The Chief of Police may authorize video feeds from the public safety video surveillance system to be forwarded to a specified location for monitoring by other than police personnel, such as allied government agencies, road or traffic crews, or fire or emergency operations personnel.
Unauthorized recording, viewing, reproduction, dissemination, or retention is prohibited. 341.3.2 CAMERA MARKINGS
All public areas monitored by public safety surveillance equipment shall be marked in a conspicuous manner with appropriate signs to inform the public that the area is under police surveillance. Signs should be well lit, placed appropriately and without obstruction to ensure visibility.
341.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The Department may elect to integrate its public safety video surveillance system with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, facial recognition and other video-based analytical systems may be considered based upon availability and the nature of department strategy.
The Department should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems, such as pan-tilt-zoom systems and video enhancement or other analytical technology, requires additional safeguards.
341.4 VIDEO SUPERVISION
Supervisors should monitor video surveillance access and usage to ensure members are within department policy and applicable laws. Supervisors should ensure such use and access is appropriately documented.
Item 1S - Page 71
Palm Springs Police Department
Policies
Public Safety Video Surveillance System
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Public Safety Video Surveillance System - 3
341.4.1 VIDEO LOG
A log should be maintained at all locations where video surveillance monitors are located. The log should be used to document all persons not assigned to the monitoring locations who have been given access to view or monitor images provided by the video surveillance cameras. The logs should, at a minimum, record the:
(a) Date and time access was given.
(b) Name and agency of the person being given access to the images. (c) Name of person authorizing access.
(d) Identifiable portion of images viewed.
341.4.2 PROHIBITED ACTIVITY
Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.
Public safety video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target individuals or groups based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any individual or group.
341.5 STORAGE AND RETENTION OF MEDIA
All downloaded media shall be stored in a secure area with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium and booked into evidence in accordance with established evidence procedures. All actions taken with respect to retention of media shall be appropriately documented.
The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with the established records retention schedule and for a minimum of one year. Prior to destruction, written consent shall be obtained from the City Attorney. If recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved (Government Code § 34090.6).
Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures. 341.5.1 EVIDENTIARY INTEGRITY
All downloaded and retained media shall be treated in the same manner as other evidence.
Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve Item 1S - Page 72
Palm Springs Police Department
Policies
Public Safety Video Surveillance System
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Public Safety Video Surveillance System - 4
individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
341.6 VIDEO SURVEILLANCE AUDIT
The Chief of Police or the authorized designee will conduct an annual review of the public safety video surveillance system. The review should include an analysis of the cost, benefit and effectiveness of the system, including any public safety issues that were effectively addressed or any significant prosecutions that resulted, and any systemic operational or administrative issues that were identified, including those related to training, discipline or policy.
The results of each review shall be appropriately documented and maintained by the Chief of Police or the authorized designee and other applicable advisory bodies. Any recommendations for training or policy should be promptly addressed.
341.7 TRAINING
All department members authorized to operate or access public video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video surveillance equipment and privacy.
Item 1S - Page 73
Policy
609
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Unmanned Aerial System - 1
Unmanned Aerial System
609.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 609.1.1 DEFINITIONS
Definitions related to this policy include:
Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. 609.2 POLICY
Unmanned aerial systems may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective.
The deployment of unmanned aerial systems by public safety organizations across the country has proven invaluable in improving efficiency, mitigating risk, and preventing injury for both the public and first responders. By affording the department an opportunity to visually access hazardous mountainous terrain or remote desert areas quickly, efficiency is increased in locating lost hikers, at-risk dependent adults, and missing children. Unmanned aerial systems also enable the department to exponentially magnify our capabilities when providing critical overwatch protection during popular large scale special events by increasing our ability to recognize traffic safety hazards or potential pre-assault indicators, and proactively circumventing pending danger or violence without significantly increasing staffing requirements. Unmanned aerial systems provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious criminal offenses or individuals threatening violent behavior before potentially dangerous face-to-face contact is required.
Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
609.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy.
Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Item 1S - Page 74
Palm Springs Police Department
Policies
Unmanned Aerial System
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Unmanned Aerial System - 2
609.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.
Deployment of a UAS shall require authorization by the Chief of Police or the authorized designee.
• Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment during critical incidents or pre-planned large-scale public events.
• Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, the establishment of lost link procedures and secure communication with air traffic control facilities.
• Developing a protocol for fully documenting all missions. In addition to the mandated annual reporting required to remain in compliance with Assembly Bill 481 regarding the department's use of military equipment, all utilization and deployments of the UAS will also be detailed in a quarterly report which will be made available in accordance with standard department practices.
• Developing a UAS inspection, maintenance and record-keeping protocol to ensure continuing the airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing quaterly reports on the program to the Chief of Police.
Item 1S - Page 75
Palm Springs Police Department
Policies
Unmanned Aerial System
Copyright Lexipol, LLC 2023/06/20, All Rights Reserved.
Published with permission by Palm Springs Police Department Unmanned Aerial System - 3
609.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
UAS operations should only be conducted consistent with FAA regulations. 609.6 PROHIBITED USE
The UAS and its video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person(s) based solely on individual characteristics, such as. but not limited to race, ethnicity, national origin, religion, disability, gender,or sexual orientation • To harass, intimidate, or discriminate against any individual or group. • For routine surveillance of anyone freely engaging in a constitutionally protected legitimate right to peacefully assemble, demonstrate, or exercise free speech.
However, if clear indications of pending violence become imminent at an organized protest, demonstration, or impromptu public gathering, the Chief of Police or their authorized designee may consider deployment of the UAS if appropriate to safeguard overall public safety.
• For unofficial personal uses of any kind.
The UAS shall not be weaponized.
609.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.
609.8 JOINT OPERATIONS OR UNIFIED COMMAND WITH PALM SPRINGS FIRE
DEPARTMENT
In the event Palm Springs Fire Department UAS operators are assisting the police department with the operation of a UAS at a crime scene, all data / evidence obtained from the UAS will be provided to the police department for chain of custody purposes. This data will be retained according to the department's retention standards.
Item 1S - Page 76
Palm Springs PD
BSCC 1163-23
APPENDIX A: Organized Retail Theft Grant Program Scoring Panel Roster Name Title Organization / Agency
1 Ryan Allain Director Government Affairs, California Retailers Association
2 Chesa Boudin Executive Director Criminal Law & Justice Center – UC Berkeley School of Law
3 Michelle Brown Retired Chief Probation Officer San Bernardino County 4 Derek Casebeer Chief Deputy Sacramento County Probation Department
5 Tracie Cone Public Information Officer Board of State and Community Corrections
6 Jason Craven Officer CA Highway Patrol Organized Retail Crime Task Force & Sacramento County
Auto Theft Suppression Task Force
7 Jason Daughrity Retired CHP Captain Commander of Field Support Section 8 Sandra Dinong Associate Governmental Program
Analyst
Board of State and Community
Corrections
9 Evonne Garner Retired Deputy Director Board of State and Community Corrections
10 Mary Jolls Retired Deputy Director Board of State and Community Corrections
11 Nicole Kirkaldy Restorative Justice and Diversion
Program Director
Yolo County District Attorney's Office
12 Mercedes Morales Associate Governmental Program
Analyst
Board of State and Community
Corrections
13 Ryan Okimura Staff Services Manager I Board of State and Community Corrections
14 Nancy O’Malley Retired District Attorney Alameda County 15 Chelsea Paez Staff Services Manager I Board of State and Community Corrections
16 Bao Phan Associate Governmental Program
Analyst
Board of State and Community
Corrections
17 Rodney Rego Captain Elk Grove Police Department
18 Michelle Solorzano Sr. Project Manager City of El Monte 19 Ashley Taylor Associate Governmental Program
Analyst
Board of State and Community
Corrections
20 Eric Taylor Sheriff San Benito County
Item 1S - Page 77
Palm Springs PD
BSCC 1163-23
APPENDIX B: Grantee Assurance for Non-Governmental Organizations The Organized Retail Theft Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations (NGOs)1 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:
Any non-governmental organization that receives Organized Retail Theft Grant Program Grant funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement; • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and • Have a physical address within California. (An agent for service of process with a California address is insufficient.)
Completing the NGO Assurance (Following Page)
1. Provide the name of the Applicant Agency (the Grantee),
2. List all contracted parties (if known),
3. Check Yes or No to indicate if each contracted part meets the requirements
4. Sign and Submit to the BSCC
NOTE: If the name of the contracted party is unknown or if there will be no contracted parties. Write N/A in the “Name of Contracted Party” field and sign the document. 1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.
Item 1S - Page 78
Palm Springs PD
BSCC 1163-23
APPENDIX B: Grantee Assurance for Non-Governmental Organizations Provide your agency name and in the table list information for all contracted parties.
Grantee:
*Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE DATE
X
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Item 1S - Page 79
"ATTACHMENT B"
Item 1S - Page 80
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING AND
AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE
APPLICATIONS AND DOCUMENTS FOR THE PURPOSES
OF ACCEPTING FUNDS FROM THE STATE OF
CALIFORNIA BOARD OF STATE AND COMMUNITY
CORRECTIONS ORGANIZED RETAIL THEFT
PREVENTION GRANT PROGRAM.
WHEREAS, the City of Palm Springs desires to participate in the Organized Retail Theft Prevention Grant Program funded through the State Budget Act and administered by the Board of State and Community Corrections (hereafter referred to as the BSCC).
NOW, THEREFORE, BE IT RESOLVED that the City Manager be authorized on behalf of the City of Palm Springs to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.
BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
BE IT FURTHER RESOLVED that the City of Palm Springs agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.
WHEREAS, on November 9, 2023, the City Council of the City of Palm Springs authorized the City Manager to execute said applications and documents.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Palm Springs, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining grant funding from the State of California Board of State and Community Corrections, Organized Retail Theft Prevention Grant Program.
SECTION 3. That this authorization shall be in effect for the duration of the FY 2023-24, FY 2024-25, FY 2025-26, and FY 2026-27 grant periods.
Item 1S - Page 81
Resolution No.
ADOPTED THIS 9TH DAY OF NOVEMBER, 2023.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC, CERA
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ______ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 9, 2023, by the following vote:
AYES: Garner, Holstege, Bernstein, Middleton, DeHarte
NOES: None.
ABSENT: None.
ABSTAIN: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC, CERA
CITY CLERK
Item 1S - Page 82
CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT NO. 6597 WITH DOKKEN ENGINEERING FOR THE EAST PALM CANYON DRIVE BRIDGE, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041)
RECOMMENDATIONS:
Approve Amendment No. 3 in the amount of $35,000 to Professional Services Agreement No. 6597, for a new not-to-exceed amount of $1,380,304.28 with Dokken Engineering for the East Palm Canyon Drive Bridge, City Project No. 12-04, Federal Aid Project No. BRLS 5282(041); and
1. 2. Authorize the City Manager to execute all necessary documents.
Attachments
Item 1T
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 6597 WITH DOKKEN ENGINEERING FOR THE EAST PALM CANYON DRIVE BRIDGE, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Approval of Amendment No. 3 to Professional Services Agreement No. 6597 with Dokken Engineering is requested for the additional time needed to update and finalize construction documents per 2023 Caltrans Standard Plan and coordination with Riverside County Flood Control and Water Conservation District (Flood Control) for obtaining a permit for the East Palm Canyon Drive Bridge, City Project No. 12-04, Federal Aid Project No. BRLS 5282(041), (the “Project”). The total cost for the additional services is $35,000.
RECOMMENDATION:
1. Approve Amendment No. 3 in the amount of $35,000 to Professional Services Agreement No. 6597, for a new not-to-exceed amount of $1,380,304.28 with Dokken Engineering for the East Palm Canyon Drive Bridge, City Project No. 12-04, Federal Aid Project No. BRLS 5282(041); and
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Dokken Engineering is a California corporation. A copy of their Public Integrity Disclosure Form is included as Attachment A.
BACKGROUND:
The East Palm Canyon Drive Bridge, constructed in 1956 and widened in 1963, is listed in the Federal Eligible Bridge List with a status of “Structurally Deficient (SD)” and a low Sufficiency Rating (SR) of 53.6 according to the Bridge Inspection Report (BIR) prepared Item 1T - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Professional Services Agreement No. 6597
by Caltrans Office of Structure Maintenance and Investigations. Since the bridge is rated with an SR lower than 80, the bridge is eligible for major rehabilitation in accordance with the Highway Bridge Program (HBP) guidelines.
On April 24, 2012, the City approved a Professional Services Agreement with CNS Engineers, Inc., to develop a bridge advance planning study and Highway Bridge Program (HBP) funding application for rehabilitation/widening of the existing East Palm Canyon Drive Bridge (Bridge No. 56C0409) at Palm Canyon Wash. The HBP federal funds cover 88.53% of eligible project costs, requiring an 11.47% local match.
On August 30, 2013, Caltrans approved $890,000 of the total project costs for the Environmental and Design phase of the Project.
The Coachella Valley Association of Governments (CVAG) adopted the 2010 Update to the Transportation Project Prioritization Study (TPPS) identifying this Project in their report. Therefore, Staff requested CVAG to approve a reimbursement agreement with the City to fund a share (75%) of the local match required.
On January 27, 2014, the CVAG Executive Committee approved the CVAG Reimbursement Agreement for this Project and on April 2, 2014, the City Council approved the CVAG Reimbursement Agreement.
As design progressed, the proposed bridge design required further widening of an additional two feet to align with the City’s standard 12-foot lane width and 8-foot shoulder.
The added costs, including updated seismic retrofit costs, were approved by Caltrans on March 7, 2016, for a revised program total of $1,023,735 for the Environmental and Design phase of the Project.
The City also requested additional funding for rehabilitating the pedestrian bridge located north of the bridge, extension of the south sidewalk to the east of the bridge, and installation of a concrete bus pull-out area to replace the undeveloped bus stop in front of the Horizon Mobile Home Park. Since these were elements of CVAG’s Active Transportation Plan (ATP), they qualified for CVAG’s regional funding program, although not funded by the HBP program.
The Project includes a seismic retrofit and widening of the existing bridge over the Palm Canyon Wash. East Palm Canyon Drive will be maintained with four lanes of traffic (two east bound, two westbound), separated by a new ten-foot-wide striped center median.
The roadway shoulders will be widened to accommodate Class II bicycle lanes and a new ADA-compliant sidewalk on the south side of the bridge. The bicycle/pedestrian bridge on the north side will remain, however, the deteriorated wood deck and railings will be replaced.
On September 3, 2014, the City Council approved a Professional Services Agreement with Dokken Engineering for the environmental and design phase of the Project for a total Item 1T - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Professional Services Agreement No. 6597
amount of $1,182,540. The base fee was $790,000, with proposed $392,540 in optional tasks to be used as needed for the Project.
Agreement A6597 was previously amended twice to incorporate additional services related to the Project, as follows:
• Amendment No. 1 for additional engineering design services in the amount of $85,000 was approved by City Council on October 8, 2020. • Amendment No. 2 for additional engineering design services in the amount of $77,764.28 was approved by City Council on September 9, 2021.
STAFF ANALYSIS:
Dokken Engineering provided Amendment No. 3 to update the construction documents to the most recent Caltrans Standards (2023), account for additional time spent coordinating and obtaining needed permits and providing alternative falsework designs and scour calculations to alleviate concerns regarding channel capacity to handle flows and debris during construction.
Staff recommends that City Council approve additional civil engineering services from Dokken, as outlined in their proposal dated August 15, 2023, in the amount of $35,000.
Dokken Amendment No. 3 is included as Attachment B.
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. The Project is funded, in part, by federal funds, requiring local oversight by the State of California, Department of Transportation (“Caltrans”). As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On November 3, 2017, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion in accordance with 23 CFR 771.117(d).
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority “Community Infrastructure”, specifically 2B, 5- Year Capital Improvement Plan, and identifying high priority facilities.
Item 1T - Page 3
City Council Staff Report
November 9, 2023 -- Page 4
Professional Services Agreement No. 6597
FISCAL IMPACT:
The City has programmed up to $1,798,000 for the environmental and design phase of this project. The proposed Amendment No. 3 will add $35,000 for a new total maximum contract amount of $1,380,304.28. Caltrans will reimburse 88.53% in federal funding with CVAG providing 75% of the remaining 11.47%.
REVIEWED BY:
City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form – Dokken Engineering B. Amendment No. 3
Item 1T - Page 4
Attachment A
Item 1T - Page 5
Item 1T - Page 6
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Dokken Engineering
2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630
3. Local or California Address (if different than #2)
-- SAME --
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? n Yes n No
5. Type of Entity
[Z] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Richard A. Dokken [l] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
• Other
Richard T. Liptak Ill Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
• Other
Bradley B. Dokken [l] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
• Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
Item 1T - Page 7
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Dokken Engineering ( ... Continuation)
2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630
3. Local or California Address (if different than #2)
-- SAME --
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reqistered in California? n Yes n No
5. Type of Entity
[Z] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Cathy Chan [Z] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other
John A. Klemunes Ill Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
• Other
Matthew N. Griggs [Z] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
• Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
Item 1T - Page 8
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Richard A. Dokken 56%, Dokken Engineering
[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.
(Revised 09 13.18)
Date
May 10, 2019
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
Attachment B
Item 1T - Page 9
Revised: 2.9.22
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT NO. 6597
BETWEEN THE CITY OF PALM SPRINGS AND
DOKKEN ENGINEERING
1. Parties and Date.
This Amendment No. 3 to Professional Services Agreement No. A6597 is made and entered into as of this day of , 2023, by and between the City of Palm Springs (“City”) and Dokken Engineering, a California corporation, with its principal place of business at 110 Blue Ravine Road, Suite 200 (“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 “East Palm Canyon Drive Bridge Widening@Palm Canyon Wash” dated September 29, 2014 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide professional engineering and consulting services, for East Palm Canyon Drive Bridge, City Project No. 12-04 (“Project”).
2.2 Amendment. The City and Consultant desire to amend the Agreement to update the construction documents to the most recent Caltrans Standards (2023), additional time spent coordinating and obtaining needed permits, and providing alternative falsework designs and scour calculations to alleviate concerns regarding channel capacity to handle flows and debris during construction.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 1.8 Additional Services of the Agreement.
3. Terms.
3.1 Scope of Services Section 1.1 of the Agreement is hereby amended to read as follows:
The additional services identified in the Consultant’s letter dated August 15, 2023, included herewith as Attachment 1, are hereby incorporated into Exhibit “A” of the Agreement.
3.2 Maximum Contract Amount Section 2.1 of the Agreement is hereby amended to read as follows:
The total amount of compensation is increased by $35,000.00 for a new total not to exceed amount of $1,380,304.28 ("Maximum Contract Amount").
Item 1T - Page 10
Revised: 2.9.22
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.
3.4 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. 3.
3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1T - Page 11
Revised: 2.9.22
SIGNATURE PAGE TO AMENDMENT NO. 3 BY AND BETWEEN THE CITY OF
PALM SPRINGS AND DOKKEN ENGINEERING
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date:
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 1T - Page 12
110 Blue Ravine Road, Suite 200 Folsom, CA 95630 Tele: 916 858-0642 Fax: 916 858-0643 August 15, 2023
Mr. Joel Montalvo, PE
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: East Palm Canyon Drive Bridge, City Project 12-04
Amendment Request No. 3
Dear Mr. Montalvo:
This request for Amendment #3 accounts for additional efforts discussed with City staff to finalize design and update references to Caltrans Standard Plans 2023 as well as obtain Flood Control permitting with added meetings and submittals. Tasks for which we are seeking budget increases totaling $35,000 include Phase 2, Task 2.5 100% PS&E ($30,000) and Phase 2, Task 3 Environmental Permitting ($5,000).
Budget amendments for Participating/Reimbursable Tasks are requested as follows:
Extended Management Coordination to Obtain Permits and Update Plans Scope change language – Increased time spent (~80 hours) coordinating with Riverside County Flood Control and Water Conservation District (Flood Control) to manage project, meet with reviewers, and obtain Encroachment Permit. Initial request for approval with proposed surface information was submitted in February 2021 and reviewers have continued to ask for more information to verify proposed surface and interim conditions during construction.
Time will also be spent (~60 hours) updating the project PS&E from 2018 to 2023 Caltrans Standard Plans which is anticipated to be complete by end-May. o Added to Phase 2, Task 2.5 ($15,000.00)
Scope change language – Increased time was also spent (~20 hours) coordinating with US Army Corps to manage project and obtain Nationwide Permit Re-Authorization based on delayed start of construction, which was initially estimated to begin in 2017, and now anticipated to begin in 2023 or 2024. o Added to Phase 2, Task 3 ($5,000.00)
Additional Falsework Details/Calculations/Review for Flood Control Coordination Scope change language – Increased time spent (~40 hours) providing alternative falsework designs and scour calculations to alleviate concerns about channel capacity to handle flows and debris during construction.
Increased time was also spent (~80 hours) coordinating with Flood Control regarding levee certification and differences in hydraulic models due to datum differences. Additional time beyond what was previously anticipated was spent performing review and quality control of new Flood Control modeling in coordinated effort on floodplain mapping in support of obtaining Encroachment Permit. Additional time beyond what was previously anticipated was spent revising project hydraulic calculations and reports based on new information provided by Flood Control.
o Added to Phase 2, Task 2.5 ($15,000.00)
Item 1T - Page 13
110 Blue Ravine Road, Suite 200 Folsom, CA 95630 Tele: 916 858-0642 Fax: 916 858-0643 The project is currently in the Right-of-Way Phase with a Draft Right of Way Certification Package provided to the City for review in March 2023. Dokken will continue to provide design support to finalize ROW Certification and assist with that on-going coordination and approval effort. Continued coordination with utility owners will occur until Notice to Owner Letters are provided at the time of bidding.
This amendment, if approved, will increase the total project budget by $35,000 (with all funds Participating) to a new contract value of $1,380,304.28. Please find the attached 10-H Form with hours and rates. We anticipate working with the City to request funds from Caltrans to go to Construction by Fall/Winter 2023.
Please feel free to call me on my cellular phone anytime at (858) 276-9726 or email me at [email protected] if you have any questions.
Sincerely,
Michael Greer, PE, TE
Senior Engineer / Project Manager
DOKKEN ENGINEERING
Item 1T - Page 14
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant: DOKKEN ENGINEERING
Project No. 2079 Contract No. 12-04 Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate* Total
Project Roadway Engineer Michael Greer, PE, TE 20 $ 73.50 $ 1,470.00 Project Bridge Engineer Rob Burns, SE 16 $ 75.00 $ 1,200.00 Project Drainage Engineer Ashley Orsaba-Finders, PE 38 $ 61.00 $ 2,318.00 Senior Engineer STAFF 0 $ 70.00 $ -
Associate Engineer STAFF 72 $ 57.00 $ 4,104.00
Assistant Engineer STAFF 80 $ 39.00 $ 3,120.00
Senior CAD STAFF 0 $ 64.00 $ -
Engineering Technician STAFF 0 $ 28.00 $ -
Environmental Manager STAFF 0 $ 72.00 $ -
Senior Environmental Planner STAFF 0 $ 54.00 $ -
Associate Environmental Planner STAFF 0 $ 45.00 $ -
Environmental Planner STAFF 0 $ 36.00 $ -
Right of Way Manager STAFF 0 $ 63.00 $ -
Senior Right of Way Agent STAFF 0 $ 50.00 $ -
Right of Way Agent STAFF 0 $ 36.00 $ -
Right of Way Assistant STAFF 0 $ 20.00 $ -
226
LABOR COSTS
a) Subtotal Direct Labor Costs $ 12,212.00
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 12,212.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 65.00% ) c) Total Fringe Benefits [(c) x (d)] $ 7,937.80 f) Overhead (Rate: 5.00% ) g) Overhead [(c) x (f)] $ 610.60 h) General and Administrative (Rate: 90.00% ) i) Gen & Admin [(c) x (h)] 10,990.80 $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 19,539.20
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 3,175.12 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Printing 1 Each 50.08 $ $ 50.08
Permit Processing Fee 1 Each 23.60 $ $ 23.60
i) TOTAL OTHER DIRECT COSTS $ 73.68
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 73.68 TOTAL COST [(c) + (j) + (k) + (n)] $ 35,000.00
NOTES:
Range
$55.00 - $95.00
$55.00 - $95.00
EXHIBIT 10-H1 COST PROPOSAL
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
August 15, 2023
East Palm Canyon Drive Bridge at palm Canyon Wash - Amendment 3 $45.00 - $65.00
$30.00 - $50.00
$15.00 - $30.00
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
$55.00 - $95.00
$30.00 - $50.00
$30.00 - $50.00
$20.00 - $40.00
$50.00 - $80.00
$55.00 - $95.00
$45.00 - $65.00
$50.00 - $80.00
$25.00 - $50.00
$50.00 - $80.00
$45.00 - $65.00
Prime Consultant Subconsultant 2nd Tier Subconsultant
Item 1T - Page 15