Agenda packet — Palm Springs City Council, November 9, 2023 (part 1 of 7)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

NOVEMBER 9, 2023

4:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m.

Adjournment time.

The City Council encourages written public testimony prior to the meeting, which provides the City Council ample time and attention for consideration. All written testimony will be provided to the City Council prior to the discussion. Written testimony may be sent via email to [email protected], by fax at (760) 322-8332, or hand delivery to the City Clerk, Palm Springs City Hall, 3200 E.

Tahquitz Canyon Way, Palm Springs, CA 92262.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
4:30 P.M. CLOSED SESSION
CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.
5:30 P.M. REGULAR MEETING
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.

The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) November 9, 2023 City Council Regular Meeting Agenda 2
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by video conference, in accordance with AB 361.

B. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of October 12, 2023, and October 26, 2023.

C. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2024
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL

REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING
RESOLUTION NO. 25075.”
November 9, 2023 City Council Regular Meeting Agenda 3
D. REVIEW OF THE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND

APPOINTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL

ORGANIZATIONS
RECOMMENDATIONS:

For Council review and direction on changes to the roster of City Council subcommittees, and appointees, liaisons, and representatives to external organizations as needed. Staff will bring forward this item for discussion at the December 14, 2023, City Council meeting.

1. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

2. E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 09-02-23 AND 09-16-23 TOTALING $4,828,478.55 AND ACCOUNTS PAYABLE WARRANTS DATED 08-31-23 AND 09-14-23 TOTALING $7,769,390.50, IN THE AGGREGATE AMOUNT OF $12,597,869.05, DRAWN ON BANK OF AMERICA."
F. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A8374 WITH ALPHA PETROLEUM TRANSPORT, INC. II FOR COLLECTION, TRANSPORTATION,

DISPOSAL, AND/OR DESTRUCTION OF WASTE MATERIALS
RECOMMENDATIONS:

Approve Amendment No. 3 to Agreement No. A8374 with Alpha Petroleum Transport, Inc. II, for the collection, transportation, disposal, and/or destruction of waste materials in an additional amount of $1,028,383.07 for a total revised contract amount not to exceed $1,238,294.91;

1. 2. Authorize the City Manager or designee to execute all necessary documents.

Appropriate $681,791.36 from Airport Operations and Maintenance Fund 415 fund balance.

3. November 9, 2023 City Council Regular Meeting Agenda 4 G. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9154 WITH AMADEUS AIRPORT IT AMERICAS, INC. TO PROVIDE A

COMMON/SHARED USE PASSENGER PROCESSING SYSTEM FOR THE PALM

SPRINGS INTERNATIONAL AIRPORT BOARDING GATES
RECOMMENDATIONS:

Approve Amendment No. 1 to Contract Services Agreement No. A9154 with Amadeus Airport IT Americas, Inc. for the addition of eleven ticket counter common/shared use positions in the ticketing wing, eight customer service counter common/shared use positions in the Bono Concourse, and four spare common/shared use positions, in an amount not to exceed $225,859.51 and to extend the schedule for the common/shared use project to a completion date of March 29, 2024, and for the project to be fully operational by April 19, 2024.

1. Appropriate $225,859.51 from Airport Fund 416 to the account 4167065.80000 budget.

2. 3. Allow the City Manager or designee to execute all necessary documents.

H. APPROVE VARIOUS CITY DEPARTMENT BUILDOUT PROJECTS
RECOMMENDATIONS:

Authorize the City Manager to approve City department buildout expansions for Fire Department Administration, Human Resources, Economic Development, Communications, Information Technology, and a kitchen/breakroom remodel in an amount not to exceed $915,011.33;

1. Approve Amendment No. 2 to Agreement No. A9136 with PUB Construction, Inc., to provide building repair and renovation services in an additional amount of $348,673.14 for an amount not to exceed $1,098,673.14 through June 19, 2025 for the buildout portion only.

2. 3. Authorize the City Manager or designee to execute all necessary documents.

I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B225 WITH GRANITE

CONSTRUCTION COMPANY FOR ON-CALL PAVEMENT REPAIR SERVICES

FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATIONS:

Approve Contract Services Agreement 23B225 with Granite Construction Company to provide on-call pavement repair services for the Palm Springs International Airport in an amount not to exceed $3,000,000 for the initial three-year term beginning November 1, 2023, through October 31, 2026, with two one-year extension options at the City’s sole discretion.

1. 2. Authorize the City Manager or designee to execute all necessary documents.

J. APPROVE TAHQUITZ CREEK GOLF COURSE PUMP STATIONS REPLACEMENT November 9, 2023 City Council Regular Meeting Agenda 5
J. APPROVE TAHQUITZ CREEK GOLF COURSE PUMP STATIONS REPLACEMENT

PROJECT
RECOMMENDATIONS:

Approve the award of the Tahquitz Creek Golf Course Pump Stations Replacement Project to High Tech Irrigations, Inc., in the amount of $1,112,977.99;

1. Approve an appropriation of $1,112,977.99 from Golf Fund Reserves to the Golf Fund for Tahquitz Creek Golf Course Pump Stations replacement project;

2. 3. Authorize the City Manager or designee to execute all necessary documents.

K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2088, APPROVAL OF

THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL CODES (CASE 5.1466 ZTA)
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2088, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF

THE PALM SPRINGS MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).”
L. AUTHORIZE THE PURCHASE OF 48 NEW VEHICLES
RECOMMENDATIONS:

Approve the issuance of a purchase order to Salinas Lincoln Mercury, Inc, dba My Jeep Chrysler Dodge Ram, for the purchase of 29 Dodge Durango Pursuit Vehicle AWD vehicles in an amount not to exceed $1,844,183.98;

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 1 Ford Expedition XLT MAX 4x4 vehicle; 14 Ford Expedition XLT 4x4 vehicles; and 4 Ford E-350 15-passenger vehicles in an amount not to exceed $1,423,707.00;

2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,

3. 4. Authorize the City Manager or designee to execute all necessary documents.

November 9, 2023 City Council Regular Meeting Agenda 6
M. APPROVE BLANKET PURCHASE ORDER FOR SUPPLIES, SERVICE, REPAIR,

AND EQUIPMENT FROM ZOLL MEDICAL CORPORATION FOR FISCAL
YEAR(S) 2024 AND 2025 TO COINCIDE WITH THE COUNTY OF RIVERSIDE

COOPERATIVE PURCHASE CONTRACT WITH ZOLL MEDICAL CORPORATION RECOMMENDATION:

Approve a blanket purchase order for annual supplies, service, and equipment from ZOLL Medical Corporation utilizing pricing within the County of Riverside cooperative purchase contract with ZOLL Medical Corporation for Fiscal Year(s) 2024 and 2025, in an amount not to exceed $100,000 over the course of the (2) two fiscal years.

N. APPROVE PURCHASE ORDER FOR ANNUAL WARRANTY SERVICE PLAN /

ANNUAL MAINTENANCE ON ZOLL X SERIES AND ZOLL AUTOPULSE FOR FISCAL YEAR 2024 AND 2025 TO COINCIDE WITH THE COUNTY OF

RIVERSIDE COOPERATIVE PURCHASE CONTRACT WITH ZOLL MEDICAL

CORPORATION
RECOMMENDATION:

Approve a purchase order for annual warranty service plan / annual maintenance on ZOLL X Series Advanced Cardiac Life Support (ACLS) Monitor/Defibrillator(s) and AutoPulse System utilizing pricing within the County of Riverside cooperative purchase contract with ZOLL Medical Corporation for Fiscal Year(s) 2024 and 2025, in an amount not to exceed $60,000.

O. APPROVE THE PURCHASE OF FIFTY (50) AUTOMATED EXTERNAL

DEFIBRILLATOR UNITS FOR USE AT CITY FACILITIES
RECOMMENDATIONS:

Approve purchase of fifty (50) AED units from Zoll for an amount not to exceed $102,000.

1. 2. Authorize the City Manager or designee to execute all necessary documents.

P. 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.

Q. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR November 9, 2023 City Council Regular Meeting Agenda 7
Q. 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.

R. 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.

S. 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.

T. 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.

U. AWARD OF A CONSTRUCTION CONTRACT TO MAMCO, INC. DBA ALABBASI November 9, 2023 City Council Regular Meeting Agenda 8
U. AWARD OF A CONSTRUCTION CONTRACT TO MAMCO, INC. DBA ALABBASI IN THE AMOUNT OF $11,555,555 AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8567 WITH BERG AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $473,501.88 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15
RECOMMENDATIONS:

Award a construction contract to Mamco, Inc. in the amount of $11,555,555 for Storm Drain Line 20, Stage 3, City Project No. 19-15 (“the Project”).

1. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Berg and Associates, in an amount not to exceed $473,501.88.

2. Appropriate $1,047,236 from Capital Fund balance and delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,155,555 (10%) with all change orders reported to City Council at project completion.

3. Authorize the City Manager or his designee to execute all necessary documents.

4. V. APPROVAL OF AN EASEMENT TO THE DESERT WATER AGENCY FOR

INSTALLATION OF FIRE WATER SERVICES AT THE PROPOSED HOMELESS NAVIGATION CENTER PROPERTY AT 3589 MCCARTHY ROAD (CITY
PROJECT NO. 22-05)
RECOMMENDATIONS:

Approve a Grant of Easement to Desert Water Agency, a California Public Agency, for a five-foot wide easement for fire water meters within City property identified by APN 669-420-019; and

1. Authorize the City Manager to execute all necessary documents associated with the grant of easement.

2. W. APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN

INVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569
RECOMMENDATION:

Accept the Inventory Report of City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency of exempt surplus lands, non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1).

X. APPEAL OF BEATITUDE, LLC CONDITIONAL CANNABIS EXPIRATION November 9, 2023 City Council Regular Meeting Agenda 9
X. APPEAL OF BEATITUDE, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-067
RECOMMENDATION:

City Council grant the appeal for the extension of the Permit (as defined below) and adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BEATITUDE, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-067” reflecting the granting of the extension without the payment of any penalty.

If any City Council member is inclined to deny the appeal, then this item must be placed on the agenda as an action item and the City Council must hold a public hearing.

Y. ACCEPT THE DONATION OF THE RED DRAGON ART PIECE IN THE OLD LAS

PALMAS NEIGHBORHOOD
RECOMMENDATION:

Accept donation of the public art piece “Red Dragon” by Delos Van Earl on the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road.

Z. APPROVE PURCHASE OF WIRELESS EQUIPMENT WITH FIVE YEARS OF SUPPORT FROM AMS.NET
RECOMMENDATION:

Authorize a purchase of wireless equipment with five years of subscriptions and support from AMS.Net for $329,395 based on a cooperative contract.

AA. APPROVE THE PURCHASE OF NETWORK EQUIPMENT WITH FIVE YEARS OF

SUBSCRIPTIONS AND SUPPORT FOR NAVIGATION CENTER
RECOMMENDATION:

Approve the purchase of network equipment with five years of subscriptions and support for the Navigation Center from AMS.Net for $170,634 based on a cooperative contract.

November 9, 2023 City Council Regular Meeting Agenda 10 BB. APPROVE AGREEMENT WITH CHARTER COMMUNICATIONS, INC. FOR

FIVE YEARS OF TELECOMMUNICATIONS SERVICES
RECOMMENDATIONS:

Approve an agreement with Charter Communications for five years of telecommunications services at a cost not to exceed $1,525,948.

1. Ratify past purchases of telecommunications services from Charter Communications.

2. CC. SECOND READING AND ADOPTION OF ORDINANCE NO. 2072 TO AMEND SECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING

TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL

VEHICLE OPERATORS
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2072, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.36.020 OF THE

PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS.”
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

A. AN APPLICATION BY ERIC ELLENBOGEN, JOHN ENGELMAN AND

THOMAS ENGELMAN REPRESENTED BY THE PALM SPRINGS
PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE BLANKENHORN/GILMORE RESIDENCE” LOCATED AT 1850 SMOKE TREE LANE, CASE HSPB #148 (APN #510-104-002, 510-104-006)
RECOMMENDATION:

1. Open the Public Hearing and receive public testimony.

Close the public hearing and adopt Resolution entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE BLANKENHORN/GILMORE RESIDENCE” LOCATED AT 1850 SMOKE TREE LANE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #148, SUBJECT TO CONDITIONS (APN
#510-104-002, 510-104-006).”

2. B. AN APPLICATION BY DAVID AND KATHERINE WRIGHT REPRESENTED BY November 9, 2023 City Council Regular Meeting Agenda 11 B. AN APPLICATION BY DAVID AND KATHERINE WRIGHT REPRESENTED BY

THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC
DESIGNATION OF “THE KOERNER RESIDENCE” LOCATED AT 1275 SOUTH CALLE DE MARIA, CASE HSPB #150. (APN #508-403-003)
RECOMMENDATIONS:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE KOERNER RESIDENCE” LOCATED AT 1275
SOUTH CALLE DE MARIA, AS A CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #150, SUBJECT TO CONDITIONS (APN
#508-403-003).”
C. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,

CALIFORNIA, TO ADOPT AN EXTENSION OF A TEMPORARY
MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15)

DAYS ON NEW APPLICATIONS AND TRANSFERS OF PERMITS TO

ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR CONSIDERATION OF

APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE, IN
ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858
RECOMMENDATIONS:

Open the public hearing, take evidence and public testimony, and close the public hearing.

1. Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance entitled, “AN INTERIM URGENCY ORDINANCE OF

THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT AN

EXTENSION OF A TEMPORARY MORATORIUM FOR AN ADDITIONAL
TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW APPLICATIONS

AND TRANSFERS OF PERMITS TO ENGAGE IN CANNABIS RETAIL

ACTIVITIES, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS

TO THE MUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT
CODE SECTIONS 65858.” (4/5 vote is required to take effect immediately)

2. November 9, 2023 City Council Regular Meeting Agenda 12

3. BUSINESS & LEGISLATIVE:

A. INTRODUCTION OF ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER

11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE,

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.”
RECOMMENDATION:

Introduce the following ordinance for first reading, entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE,

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.”
B. REQUEST TO ADD CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE

RELATING TO THE FORMATION AND ADMINISTRATION OF COMMERCIAL

DISTRICTS
RECOMMENDATIONS:

1. Waive the reading of the ordinance text in its entirety and read by title only; Introduce on first reading Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM

SPRINGS MUNICIPAL CODE ESTABLISHING PROCESSES AND
PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.”

2. PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT: The City Council will adjourn to the next regular meeting Thursday, December 14th at 5:30 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

November 9, 2023 City Council Regular Meeting Agenda 13

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on November 2, 2023, and posted on the City’s website as required by established policies and procedures. ____________________________
Brenda Pree, MMC, CERA
City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

November 9, 2023 City Council Regular Meeting Agenda 14

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
4:30 P.M. CLOSED SESSION
Attachments
Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, November 9, 2023 – 4:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be inperson public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION G.C 54956.9(d)(1) Committee to Relocate Marilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., Case No.

CVRI2101435

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: November 9, 2023 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM:

BY:

Scott C. Stiles, City Manager
Brenda Pree, City Clerk
RECOMMENDATION:

By motion, find that:

1. The City Council has reconsidered the circumstances of the state of emergency.

Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and

2. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

3. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID-19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

AB 361 added section 54953(e) to the Brown Act, authorizing legislative bodies (City Council, Boards, and Commissions) to conduct remote meetings provided the legislative body makes specified findings on a regular basis. Section 54953(e)(3) authorizes the City Council and its subordinate bodies to continue to conduct remote and/or hybrid public meetings, provided the procedural requirements of AB 361 are met.

In order to continue meeting by remote teleconferencing, a required condition is that the City Council find that state or local officials have imposed or recommended measures to promote social (physical) distancing, and that the legislative body continues to make Item 1A - Page 1
certain findings by majority vote at least every 30 days.

Among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations at Title 8 Section 3205 recommend physical distancing in the workplace as precautions against the spread of COVID-19 and imposes certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances.

And, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID-19.

Under AB 361, teleconferenced meetings must meet the following requirements:
• All votes taken during a teleconferenced meeting must be by rollcall. • Whenever notice of the time of the meeting is given or the agenda for the meeting is posted, the legislative body must also provide notice of the means by which members of the public can access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via a callin option or an internet-based service option. • In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body cannot take any further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. • The legislative body cannot require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
• An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. • With regard to public comments:
• A legislative body that provides a timed public comment period for each agenda item cannot close the public comment period for the agenda item, or the opportunity to register, to provide public comment until that timed public comment period has elapsed.
• A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, must allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register/log on, or otherwise be recognized for the purpose of providing public comment. • A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item cannot close the public comment period or the opportunity to register/log on, until the timed general public comment period has elapsed.

Item 1A - Page 2
City Council Staff Report
November 9, 2023 - Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
Item 1A - Page 3

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of October 12, 2023, and October 26, 2023.

Attachments
Item 1B
Thursday, October 12, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, October 12, 2023, at 5:39 p.m.

PLEDGE OF ALLEGIANCE:

Natasha Signoret, high school student, led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Christy Holstege, Ron deHarte, and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
• Sunrise Park Presentation provided by Creative Director Dolle. • Proclamation: Code Enforcement Officer Appreciation Week.

ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to add to the agenda emergency Resolution No. 25147, entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING ITS SUPPORT FOR THE STATE OF ISRAEL”, given the following determinations:
a) that there was an immediate need to take action; and, b) that the need arose after the posting of the agenda.

Item 1B - Page 1
City Council Minutes October 12, 2023
City of Palm Springs Page 2

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item No. 1E pulled for separate discussion; and the addition of an emergency resolution to the agenda, Resolution No. 25147, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING ITS SUPPORT FOR THE STATE OF ISRAEL.”

REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of October 12, 2023, was called to order by Mayor Garner at 4:05 p.m.

CLOSED SESSION PUBLIC COMMENT: Jerry Salazar, Gloria Gonzales, Pastor Carl McPeters, Matthew Lay, Makaiza Keese, Gloria Holland, Alvin Taylor, Delia Ruiz, Pearl Devers, Carl McPeters, Omar Valdez, Ronald Pellum, Yohan Trams, Lawrence Williams, Christina Genera Martinez, Larry Holland, Mark Gregg, Chandra Dasilva, Deiter Crawford, Stephanie Brown, Mary Moore, Sandra Washington, Jason Olvera, Roy Donald, Ben Mayfield, Rochelle Ross, Iante Roy, and Sharon Hendricks provided oral testimony.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:

CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Under existing facts and circumstances, there was one (1) matter.

The meeting convened into Closed Session to discuss the following items, as listed on the Closed Session Meeting Agenda, after the Open Session, with no reportable action:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):

Under existing facts and circumstances, there was one (1) matter.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8
Property:

City Negotiator:

Negotiating parties:

Under negotiation:
119.4 Acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road
Scott Stiles, City Manager
Desert Community College District
Price and Terms
PUBLIC TESTIMONY:

David Feltman, Scott Taschner, Naomi Soto, Brad Anderson, Jason Kravetz, Steve Gibony, David Christian, Zachary Daniel Stone, Sean Thomas, Orwell George, Rabbi David Lazar, Rabbi Steven Rosenberg, Katherine Hatch, Barbara Wasserkrug, and Mohammad Tajsar provided oral testimony.

Item 1B - Page 2
City Council Minutes October 12, 2023
City of Palm Springs Page 3
EMERGENCY RESOLUTION EXPRESSING SUPPORT FOR THE STATE OF ISRAEL:

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt emergency Resolution No. 25147, entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING ITS SUPPORT FOR THE STATE OF ISRAEL.”

1. CONSENT CALENDAR

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the consent calendar with Item No. 1E pulled for separate discussion.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, by motion, find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

B. APPROVE CONTRACT CHANGE ORDER NO. 1 TO CONTRACT NO. 23B127

WITH VANCE CORPORATION FOR ROAD REPAIRS AT GENE AUTRY AND

INDIAN CANYON WASH

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to (in accordance with Section 7.05.060 of the Palm Springs Municipal Code, “Best Interest of City,”) approve Contract Change Order No. 1 in the amount of $113,690 to the construction contract (Agreement No. 23B127) with Vance Corporation in a revised amount not to exceed $370,186.50 for the road repairs at Gene Autry Trail and Indian Canyon Wash project; and authorize the City Manager or designee to execute all necessary documents.

C. APPROVE AMENDMENT NO. 2 TO THE AMENDED AND RESTATED LEASE

WITH ARENAS ASSOCIATES, DBA PALM SPRINGS FUDGE &
CHOCOLATES, LOCATED AT 211 SOUTH PALM CANYON

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 2 to the Amended and Restated Lease with Arenas Associates dba Palm Springs Fudge & Chocolates to extend the term an additional five years; and authorize the City Manager or his designee to execute all necessary documents.

Item 1B - Page 3
City Council Minutes October 12, 2023
City of Palm Springs Page 4
D. ADOPT A RESOLUTION AUTHORIZING THE EXTENSION OF THE

SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY

ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt a Resolution No. 25148, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE

COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED
VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034.”
EXCLUDED CONSENT CALENDAR:

E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2084 AMENDING

CITY MUNICIPAL CODE TO ESTABLISH PERMANENT LIMITATIONS

ONTHIRD-PARTY FOOD DELIVERY FEES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-2 (MAYOR GARNER AND MAYOR PRO TEM
BERNSTEIN VOTING NO), to adopt Ordinance No. 2084, entitled, “AN

ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRING MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES.”

2. PUBLIC HEARINGS
A. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE

CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS

COVENANT BETWEEN THE CITY OF PALM SPRINGS

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to open the public hearing and receive public testimony; approve a Hotel Operations Covenant Agreement with Twin Palms Resorts, LLC for the Twin Palms Resort located at 1930 South Camino Real; and authorize the City Manager to execute all necessary documents.

B. APPEAL OF CALIBLISS, LLC. CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-096

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 5-0, to open the public hearing and receive public testimony and evidence; and deny an extension by adopting a Resolution No. 25149, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019- 096”.

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City Council Minutes October 12, 2023
City of Palm Springs Page 5

3. BUSINESS & LEGISLATIVE
A. APPROVE TWO-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT
WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 4-1 (MAYOR GARNER VOTING NO), to approve Cooperative Subscription Agreement No. 23C214 with Insight Public Sector, Inc. for 2 years, not to exceed $99,750 to implement Flock Safety fixed Automated License Plate Recognition (ALPR) technology; and authorize the City Manager or designee to execute the agreement.

PUBLIC COMMENT:

Diane McAlpine, Brad Anderson, Dominic Moonheart, and Zachary Daniel Stone provided oral testimony.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA

DEVELOPMENT
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned the regular meeting of Thursday, October 12, 2023, to Closed Session, at 9:01 p.m.

Respectfully submitted,
_______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/09/2023
Item 1B - Page 5
Thursday, October 26, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, October 26, 2023, at 5:31 p.m.

PLEDGE OF ALLEGIANCE:

Morgan Kennedy, high school student, led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Christy Holstege, Ron deHarte, and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

None.

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER, SECOND DEHARTE BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1G and 1T for separate discussion.

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of October 26, 2023, was called to order by Mayor Garner at 4:00 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with the following report provided by City Attorney Ballinger:

Item 1B - Page 6
City Council Minutes October 26, 2023
City of Palm Springs Page 2
No reportable action:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1)
Under existing facts and circumstances, there was one (1) matter.

The City Council VOTED 5-0 on the following Closed Session agenda item:

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4).

To initiate a receivership code enforcement action against the property located at 487 E Valmonte Norte.

No reportable action:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8
Property:

City Negotiator:

Negotiating parties:

David Feltman, Jack Reed, Dean Lavine, Jocelyn Kane, Liz Ostoich, Steven Wisatk, Kurtis Magee, Julie Montante, Deiter Crawford, and Jergen Weiss provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1G and 1T for separate discussion.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, by motion, find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

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City Council Minutes October 26, 2023
City of Palm Springs Page 3
B. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of September 14 and September 26, 2023.

C. ACCEPT RESIGNATIONS FROM VARIOUS BOARDS AND COMMISSIONS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Accept the resignation of Jerry Alcorn from the Parks and Recreation Commission effective immediately.

2. Accept the resignation of Dean Grubl from the Sustainability Commission effective immediately.

D. AUTHORIZE ISSUANCE OF LETTERS IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 1 (ACA 1) AND ASSEMBLY
CONSTITUTIONAL AMENDMENT NO. 13 (ACA 13)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize issuance of two (2) letters in support of 1) Assembly Constitutional Amendment No. 1 (ACA 1) and 2) Assembly Constitutional Amendment No. 13 (ACA 13).

E. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2023.

F. APPROVE USE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR

ACCESS TO AND USE OF THE PUBLIC SAFETY ENTERPRISE

COMMUNICATION SYSTEM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Use Agreement 23G306 with the County of Riverside for an initial term ending December 31, 2028, with one five-year option to renew, for access to and use of the Public Safety Enterprise Communication radio system for an estimated amount of $1,110,846 through June 30, 2025.

2. Appropriate $110,000 from the Airport Operations and Maintenance fund balance in Fiscal Year 2024-25 budget.

3. Authorize the City Manager or their designee to execute all necessary documents.

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City of Palm Springs Page 4
G. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED $325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE PARKLET USE THROUGH DECEMBER 31, 2028

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt a Resolution No. 25150, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE FOR PARKLET USAGE.”
I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P227 WITH

CITYGATE ASSOCIATES, LLC FOR AN ORGANIZATION ANALYSIS,
COMMUNITY RISK ASSESSMENT, STANDARD OF COVERAGE, AND FIVEYEAR STRATEGIC PLAN

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement No. 23P227 with Citygate Associates, LLC to provide Fire Department organizational analysis, community risk assessment, the standard of coverage, and 5-year strategic plan for a sixmonth term in an amount not to exceed $177,809 beginning November 1, 2023, through April 30, 2024, with one one-year extension option at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents.

J. ADOPT A RESOLUTION ADOPTING A FLAG DISPLAY POLICY AND

AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY FACILITIES

ANNUALLY IN THE MONTH OF NOVEMBER

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt a Resolution No. 25151, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ADOPTING A FLAG DISPLAY POLICY AND AUTHORIZING THE

DISPLAY OF THE PRIDE FLAG AT CITY-OWNED FACILITIES ANNUALLY IN THE MONTH OF NOVEMBER.”
K. APPROVE CONSULTING SERVICES AGREEMENT NO. 23Q314 WITH M.

ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR DESIGN AND

CONSTRUCTION SUPPORT SERVICES FOR AIRPORT PUBLIC

RESTROOMS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

Item 1B - Page 9
City Council Minutes October 26, 2023
City of Palm Springs Page 5

1. Approve Consulting Services Agreement No. 23Q314 with Gensler to provide design services for an amount not to exceed $236,429 for Phase I – Basis of Design and Project Definition.

2. Authorize the City Manager or designee to negotiate and amend the contract at a later date to continue into Phase II of the project to complete the design of the project and provide construction support services for an amount not to exceed $3,000,000.

3. Authorize the City Manager or designee to execute all necessary documents.

L. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23Q082 WITH C&S ENGINEERS, INC. FOR DESIGN AND CONSTRUCTION SUPPORT

SERVICES FOR EMPLOYEE AND ECONOMY PARKING LOTS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Professional Services Agreement No. 23Q082 with C&S Engineers, Inc. to provide design services for an amount not to exceed $154,058 for Phase I – Programming and Investigation of the project.

3. Authorize the City Manager or designee to execute all necessary documents.

M. APPROVE CONTRACT SERVICE AGREEMENT NO. 23I320 WITH

AVIATRIX COMMUNICATIONS, LLC FOR WEBSITE SUPPORT AND

MAINTENANCE SERVICES FOR PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement No. 23I320 with Aviatrix Communications, LLC to provide website support and maintenance services for the Palm Springs International Airport in an amount not to exceed $65,258 for an initial two-year term beginning September 1, 2023, through August 31, 2025; and authorize the City Manager or designee to execute all necessary documents.

N. APPROVE AMENDMENT NO. 4 TO CONSULTING SERVICES AGREEMENT A5548 WITH HARRELL & COMPANY ADVISORS, LLC

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 4 to Consulting Services Agreement No. A5548 with Harrell & Company Advisors LLC, approving an extension through October 31, 2026, for financial advising services in an amount not to exceed $236,000.; and authorize the City Manager to execute all necessary documents.

O. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9148 WITH DOWNS

ENERGY FOR DELIVERY OF FUEL

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Agreement A9148 with Downs Energy for delivery of fuel in an additional amount of $777,435.63 for a total Item 1B - Page 10
City Council Minutes October 26, 2023
City of Palm Springs Page 6
revised contract amount not to exceed $3,477,435.63, over the five-year term; and authorize the City Manager to execute all necessary documents.

P. APPROVE CONTRACT CHANGE ORDER NO. 3 IN THE AMOUNT OF $63,698.20 FOR THE AIRPORT COMMON USE PODIUMS – BONO
CONCOURSE, CITY PROJECT 21-28

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Contract Change Order No. 3 with CALTEC, a California corporation, in the amount of $63,698.20 for the Airport Common Use Podiums – Bono Concourse, City Project No. 21-28.

2. Authorize the City Manager or his designee to execute all necessary documents.

3. Appropriate $63,698.20 from the Airport Special Capital Projects fund balance.

Q. ADOPT A RESOLUTION APPROVING A DAY OF REMEMBRANCE

HONORING LAURA ANN CARLETON

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt a Resolution No. 25152, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPROVING A DAY OF REMEMBRANCE HONORING LAURA ANN CARLETON.”
R. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B224 WITH AL MILLER & SONS ROOFING CO., INC. FOR ON-CALL ROOFING REPAIR

AND INSTALLATION SERVICES FOR PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement No. 23B224 with Al Miller & Sons Roofing Co., Inc. to provide on-call roofing repair and installation services for the Palm Springs International Airport in an amount not to exceed $900,000 for the initial three-year term beginning November 1, 2023, through October 31, 2026, with two one-year extension options at the City’s sole discretion.; and authorize the City Manager or designee to execute all necessary documents.

S. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B223 WITH

SQUARE SIGNS LLC DBA FRONT SIGNS FOR ON-CALL SIGNAGE AND

WAYFINDING INSTALLATION AND REPAIR SERVICES FOR PALM

SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement 23B223 with Square Signs LLC dba Front Signs to provide on-call signage and wayfinding installation and repair services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning November 1, 2023, through October 31, 2026, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents.

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City of Palm Springs Page 7
T. APPROVE AMENDMENT NO. 2 TO THE CONSULTING SERVICES

AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE

COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR THE PALM

SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS FOR A

THREE-YEAR PERIOD
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

EXCLUDED CONSENT CALENDAR:

G. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED $325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0 (COUNCILMEMBER MIDDLETON WAS NOT
PRESENT DURING THE VOTE), to approve Professional Services Agreement No. 23P319 with Kounkuey Design Initiative, Inc. to provide an update to the Parks & Recreation Master Plan for an amount not to exceed $325,000; and authorize the City Manager or designee to execute all necessary documents, as amended.

T. APPROVE AMENDMENT NO. 2 TO THE CONSULTING SERVICES

AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE

COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR THE PALM

SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS FOR A

THREE-YEAR PERIOD

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR GARNER, CARRIED 5-0, to approve Amendment No 2 to the Consulting Services Agreement for the operation of the Palm Springs iHub with the Coachella Valley Economic Partnership in an amount of $200,000 for an additional one-year term beginning July 1, 2023, and continuing until June 30, 2024, with two one-year options; and authorize the City Manager to execute all necessary documents.

2. PUBLIC HEARINGS: None.

3. BUSINESS & LEGISLATIVE:

A. REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL

CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS The item was continued.

The agenda was reordered to allow Councilmember Holstege the ability to participate.

Item 1B - Page 12
City Council Minutes October 26, 2023
City of Palm Springs Page 8

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Garner, Mayor Pro Tem Bernstein, and Councilmembers deHarte, Holstege, and Middleton provided comments.

RECESS/RECONVENE:

The City Council recessed at 8:07 p.m. and reconvened at 8:17 p.m., with Councilmember Holstege absent.

Mayor Garner; Mayor Pro Tem Jeffrey Bernstein; and Councilmembers Ron deHarte and Lisa Middleton were present.

3. BUSINESS & LEGISLATIVE – CONTINUED
B. REPORT ON STATE OF CANNABIS AND POSSIBLE DIRECTION
REGARDING SAME; URGENCY ORDINANCE OF THE CITY OF PALM

SPRINGS, CALIFORNIA, ADOPTING AN IMMEDIATE MORATORIUM ON

CITY APPROVAL OF NEW APPLICATIONS AND TRANSFERS PERMITS TO

ENGAGE IN CANNABIS RETAIL FOR CONSIDERATION OF APPROPRIATE

AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH
GOVERNMENT CODE SECTIONS 65858 (4/5TH Vote Required)

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0 (WITH RECUSAL FROM COUNCILMEMBER HOLSTEGE), to receive the report from City Staff and provide direction to Staff as appropriate; and, waive the reading of the text in its entirety, read by title only, and adopt an urgency Ordinance No. 2085, entitled, “AN INTERIM URGENCY

ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A

TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS

AND TRANSFER FOR PERMITS TO ENGAGE IN CANNABIS RETAIL FOR

CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 (4/5TH Vote Required).”
PUBLIC COMMENT:

Brad Anderson, Zachary Daniel Stone, Alejandro Meza Aguilar, and David Rios provided oral testimony.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, October 26, 2023, at 9:11 p.m.

Item 1B - Page 13
City Council Minutes October 26, 2023
City of Palm Springs Page 9
Respectfully submitted,
_______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/09/2023
Item 1B - Page 14

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2024
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 25075.” Attachments
Item 1C

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2024
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 25075.” BACKGROUND:

The Palm Springs City Charter Section 307 authorizes the City Council to adopt a resolution or ordinance to establish the dates and times for its regular meetings. On December 4, 2019, the City Council adopted Ordinance No. 2006 to allow the regular meeting schedule to be adopted by Resolution. On August 6, 2020, the City Council adopted Resolution No. 24790, setting the regular meetings on the second and fourth Thursday of each month at 5:30 p.m., unless otherwise noted.

Attached is the 2024 draft meeting schedule, as outlined in Attachment 1, for the City Council’s approval or for any additional modifications.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles
Attachment:

A. Draft Resolution
B. Draft 2024 City Council Meeting Schedule
Item 1C - Page 1

ATTACHMENT A

Item 1C - Page 2
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE CITY

COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME
AND RESCINDING RESOLUTION NO. 25075

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS:

WHEREAS, Section 307 of the Palm Springs City Charter requires that regular meetings of the City Council be established by ordinance or resolution; and WHEREAS, on December 4, 2019, the City Council adopted Ordinance No. 2006 to allow its regular meeting schedule to be set by resolution; and WHEREAS, on January 12, 2023, the City Council adopted Resolution No. 25075 setting its regular meetings on the second and fourth Thursday of each month at 5:30 p.m., unless otherwise rescheduled or canceled.

WHEREAS, the City Council desires to confirm its meeting schedule for 2024 as the second and fourth Thursday of each month at 5:30 p.m. unless otherwise rescheduled or canceled.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Regular meetings of the City Council shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the second and fourth Thursday of each month at the hour of 5:30 p.m. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting of the City Council.

SECTION 2. Regular meetings of the City Council acting as the governing boards of the successor agency, housing authority, and/or financing authority, shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the second and fourth Thursday of each month at the hour of 5:30 p.m. When the meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council acting as the governing boards
SECTION 3. Closed sessions of the City Council and/or the governing boards as provided in this Resolution may be conducted prior to the 5:30 p.m. business portion of regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed. If necessary, closed sessions not completed prior to the Item 1C - Page 4
Resolution No. 25075

Page 2 ends

business portion of the meeting may be considered at the conclusion of the business portion of the meeting or as otherwise determined by the City Council.

SECTION 4. The City Council has canceled and/or rescheduled certain meetings as outlined in Exhibit A.

SECTION 5. Resolution No. 25075 is hereby rescinded and replaced.

SECTION 6. The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this Resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

ADOPTED THIS 9TH DAY OF NOVEMBER 2023.

Scott C. Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk
Item 1C - Page 5
Resolution No. 25075

Page 3 ends

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:

NOES:

ABSENT:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________ 2023.

Brenda Pree, MMC, CERA, City Clerk
City of Palm Springs, California
Item 1C - Page 6

ATTACHMENT B
Item 1C - Page 3
City of Palm Springs
2024 City Council Meetings Dates
The City Council meetings are typically held on the second and fourth Thursday of each month at 5:30 p.m. at City Hall, Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. This schedule is subject to change.

CURRENT MEETING DATES NOTES
Thursday, January 11, 2024
Thursday, January 25, 2024
Thursday, February 8, 2024
Thursday, February 22, 2024
Thursday, March 14, 2024
Thursday, March 28, 2024
Thursday, April 11, 2024 League of California Cities in person meeting (TBD) – April 12th (Friday)
Thursday, April 25, 2024
Thursday, May 9, 2024
Thursday, May 23, 2024
Thursday, June 13, 2024 League of California Cities in person meeting (Sacramento, CA.) – June 14th (Friday)
Thursday, June 27, 2024
Thursday, July 11, 2024
Thursday, July 25, 2024
Thursday, August 8, 2024 Annual Break
Thursday, August 22, 2024 Annual Break
Thursday, September 12, 2024
Thursday, September 26, 2024
Thursday, October 10, 2024
Thursday, October 24, 2024
Thursday, November 14, 2024
Thursday, November 28, 2024 Traditionally Cancelled
Thursday, December 12, 2024
Thursday, December 26, 2024 Traditionally Cancelled
Thursday, January 09, 2025
Thursday, January 23, 2025
Adopted by Resolution No. _____
Item 1C - Page 8

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

REVIEW OF THE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND

APPOINTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL

ORGANIZATIONS
RECOMMENDATIONS:

1. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

2. Attachments
Item 1D

CITY COUNCIL STAFF REPORT
DATE: November 9, 2023 CONSENT CALENDAR
SUBJECT: REVIEW OF THE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND

APPOINTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL

ORGANIZATIONS
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:

1. For Council review and direction on changes to the roster of City Council subcommittees, and appointees, liaisons, and representatives to external organizations as needed. Staff will bring forward this item for discussion at the December 14, 2023 City Council meeting.

2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

STAFF ANALYSIS:

Attached for the City Council’s review is the roster of City Council subcommittees and appointees to external organizations. Staff requests that the City Council provide direction on changes to the roster (Attachment A); the current roster, adopted January 26, 2023, is attached for reference (Attachment B).

The City Council routinely appoints Councilmembers to serve on standing or ad hoc subcommittees, or individual Councilmembers may volunteer to serve as liaisons to study various topics. The City Council also appoints representatives to external organizations as needed. On an annual basis, the City Council reviews the roster of appointments and makes adjustments as necessary.

Under California Code of Regulations (CCR) § 18702.5, before a public official may participate in a decision or vote to appoint themselves to a compensated position, the local agency must post a form established by the Fair Political Practices Commission (FPPC) on the City’s website. Staff recommends the City Council adopt and direct that FPPC Form 806 be updated and posted as required.

Item 1D - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Approve Roster of City Council Subcommittees and Representatives to External Organizations

FISCAL IMPACT:

None.

REVIEWED BY:

City Clerk: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:

A. City Council Appointment Rosters and Preferences (2024) B. Current Roster of City Council Subcommittees and Appointees to External Organizations (Adopted 1/26/2023)
C. Current FPPC Form 806
Item 1D - Page 2

ATTACHMENT A
Item 1D - Page 3
Office of the City Clerk Draft Version

CITY OF PALM SPRINGS, CALIFORNIA
Roster of City Council Subcommittees (2024)
Committee Status Meetings Member Member
Finance (R-12147) Standing As Needed (MAYOR) (MPT)
Board & Commission Interviews Ad Hoc As Needed
Business Retention / Economic
Development Standing As Needed
Parks & Recreation Master Plan
(Approved 10/26/23)
Task Force As Needed
Roster of City Council
Appointees to External Organization (2024)
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG): (SE/, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY)
Last Monday,
4:30 p.m. (MAYOR) (MPT)
Energy & Environmental Resources 2
nd Thursday,
Noon
Homelessness 3
rd Wednesday,
10 a.m.

Public Safety 2
nd Monday,
9a.m.

Transportation 1
st Monday,
11 a.m.

California Coalition of Mayors 1
st & 3rd Friday,
12:30 p.m.

Coachella Valley Conservation Commission
(SE/, Form 700 required)
2 nd Thursday,
10:30 a.m.

Coachella Valley Economic Partnership 3
rd Wednesday
8 a.m.

Coachella Valley Mountains Conservancy Bd.
(SE/, Form 700 required)
2 nd Monday,
3 p.m.

Desert Community Energy Board
(SE/, Form 700 required)
3 rd Monday,
2:30 p.m.

Eastern Riverside County Interoperable
Communications Authority
2 nd Thursday,
4 p.m.

Friends of PS Animal Shelter Varies
Greater PS Convention & Visitors Bureau
(SE/, Form 700 required) Varies
League of California Cities Varies
Main Street/Uptown Business Association 1
st & 3rd Tuesday,
8:30 a.m.

Palm Springs Chamber of Commerce 3
rd Thursday,
8 a.m.

Office of the City Clerk Draft Version
External Organizations Meetings Appointee Alternate
Palm Springs Tourism & Hospitality Organizations
(MAYOR)
Hotel General Managers Weekly Meeting Wednesdays
8 a.m.

PS Hospitality Association Board Meetings 2
nd Thursday
11 a.m.

PS Hospitality Association Member Meeting 3
rd Thursday
11:30 a.m.

PS Resorts Meetings Varies
Plaza Theater Restoration Fundraising
Committee Varies
Office of Neighborhood Involvement
(One-PS)
1 st Tuesday,
5:30 p.m.

Riverside County Community Action Comm.
(SE/, Form 700 required)
3 rd Thursday,
5:30 p.m.

Riverside County Transportation Commission
(SE/, Form 700 required)
2 nd Wednesday,
9 a.m.

So. California Association of Governments
Conference & General Assembly Meeting
(SE/, Form 700 required)
TBA
Sunline Transit Agency
(SE/, Form 700 required)
4 th Wednesday,
Noon

ATTACHMENT B
Item 1D - Page 6

CITY OF PALM SPRINGS, CALIFORNIA
Committee Status Meetings Member Member
Finance (R-12147) Standing As Needed Garner
MAYOR*
Bernstein
MPT
Board & Commission Interviews Ad Hoc As Needed Garner Bernstein/deHarte Business Retention / Economic
Development Standing As Needed Bernstein Holstege
Parks & Recreation Master Plan
(Approved 10/26/23)
Task
Force As Needed Bernstein Holstege
Roster of City Council
Appointees to External Organization (2023)
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG): (SE/, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY)
Last Monday,
4:30 p.m.

Garner
(MAYOR)
Bernstein
(MPT)
Energy & Environmental Resources 2
nd Thursday,
Noon deHarte Holstege
Homelessness 3
rd Wednesday,
10 a.m. Holstege Bernstein
Public Safety 2
nd Monday,
9 a.m.

Garner deHarte
Transportation 1
st Monday,
11 a.m. Middleton Garner
California Coalition of Mayors 1
st & 3rd Friday,
12:30 p.m. Garner N/A
Coachella Valley Conservation Commission
(SE/, Form 700 required)
2 nd Thursday,
10:30 a.m. deHarte Bernstein
Coachella Valley Economic Partnership 3
rd Wednesday
8 a.m. Garner deHarte
Coachella Valley Mountains Conservancy Bd.
(SE/, Form 700 required)
2 nd Monday,
3 p.m. Holstege deHarte
Desert Community Energy Board
(SE/, Form 700 required)
3 rd Monday,
2:30 p.m. Middleton Bernstein
Eastern Riverside County Interoperable
Communications Authority
2 nd Thursday,
4 p.m.

Garner Middleton
Friends of PS Animal Shelter Varies Bernstein Middleton Greater PS Convention & Visitors Bureau
(SE/, Form 700 required) Varies Bernstein deHarte
League of California Cities Varies Middleton
Main Street/Uptown Business Association 1
st & 3rd Tuesday,
8:30 a.m. deHarte Bernstein
Palm Springs Chamber of Commerce 3
rd Thursday,
8 a.m.

Bernstein deHarte
Office of the City Clerk Adopted 1/26/2023 (Rev. 10/26/2023) External Organizations Meetings Appointee Alternate
Palm Springs Tourism & Hospitality Organizations
Garner
Mayor Bernstein
Hotel General Managers Weekly Meeting Wednesdays
8 a.m.

PS Hospitality Association Board Meetings 2
nd Thursday
11 a.m.

PS Hospitality Association Member Meeting 3
rd Thursday
11:30 a.m.

PS Resorts Meetings Varies
Plaza Theater Restoration Fundraising
Committee Varies Bernstein N/A
Office of Neighborhood Involvement
(One-PS)
1 st Tuesday,
5:30 p.m. Bernstein Middleton
Riverside County Community Action Comm.
(SE/, Form 700 required)
3 rd Thursday,
5:30 p.m. Virata
Riverside County Transportation Commission
(SE/, Form 700 required)
2 nd Wednesday,
9a.m. Middleton
So. California Association of Governments
Conference & General Assembly Meeting
(SE/, Form 700 reauired)
TBA Middleton
Sunline Transit Agency
(SE/, Form 700 required)
4 th Wednesday,
Noon Middleton deHarte

ATTACHMENT C
Item 1D - Page 9
Item 1D - Page 10
Agency Report of:

Public Official Appointments

1. Agency Name
City of Palm Springs
Division, Department, or Region (If Applicable)
N/A
Designated Agency Contact (Name, Title)
Brenda Pree, City Clerk
Area Code/Phone Number
760-323-8204

2. Appointments
Agency Boards and
Commissions
CVAG
Executive Committee
CVAG
Energy & Environmental
Resources
CVAG
Homelessness
Committee
CVAG
Public Safety Committee

3. Verification
E-mail
[email protected]
Name of Appointed Person
•N Garner, Grace ame (Last, First)
Alternate, if any
Bernstein, Jeffrey
(Last, Firat)
•N deHarte, Ron ame (Last, First)
Alternate, if any
Holstege, Christy
(Last, Firat)
• Holstege, Christy Name (Last, First}
Alternate, if any
Bernstein, Jeffrey
(Last, F-irst)
•N Garner, Grace ame (Last, First)
. deHarte, Ron Alternate, 1f any (Last, Fitat)
A Public Document
California 806
Form
For Official Use Only
Date Posted:

Page _1 __ of _2__ _0_1_/3_0_/2_3 ___ _
(Month, Day, Year)
Appl Date and Per Meeting/Annual Salary/Stipend Length of Term 100
~~~ • Per Meeting: $
Appt Dote
• Estimated Annual:
•
None 0 $0-$1 ,000 • $2,001-$3,000
Lenglh of Tenn • $ 1 ,001-$2,000 • Othttr
75 ~~~ • Per Meeting: $
Appl Dot•
• Estimated Annual:
•
None . $0-$1,000 0 $2,001-$3,000
L9npth of Tffln
• $ 1 ,001-$2,000 • Other
• ~~~ • Per Meeting: $
75 Appl Dote
• Estimated Annual:
•
None • so-$1.000 • $2,001-$3,000 Length of Tenn
• $1 ,001-$2.000 • Ott,.,
~~~ • Per Meeting: $
75 Appl a.I•
• Estimated Annual:
•
None • s o-s1 ,ooo • $2,001 -$ 3,000
Length ofTwm
• $1,001 -$2,000 • Other
tand FPPC Regulation 18702.S. I have verified that the appointment and information identified above is true to the best of my information and belief.

Brenda Pree City Clerk tl3o/zs Print Name
Comment: Yearly Update - Adopted at City Council Meeting 01 /26/2023 Print Clear
Tdle rf.ionth, Day, Year)
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Item 1D - Page 11
Agency Report of:

Public Official Appointments
Continuation Sheet

1. Agency Name
City of Palm Springs

2. Appointments
Agency Boards and
Commissions
CVAG
Transportation Committee
Coachella Valley
Conservation
Commission
Greater Palm Springs
Convention and Visitors
Bureau
Riverside County
Transportation
Commission
Sunline Transit Agency
Coachella Valley
Mountains Conservancy
Board
Name of Appointed Person
Middleton, Lisa •Name ------~~-•u~.F~~~ij------
Garner, Grace Alternate , if any ___________ _
(Last, First)
deHarte, Ron •Name ------~~-.u~.F~~~ij- --- --
Bernstein, Jeffrey
Alternate , if anY-------,.-------- (L.a1, F,rst)
Bernstein, Jeffrey •Name ------~~-.,~(F~,,~ij------
deHarte, Ron Alternate, if any ___________ _
(L• sl, Fitat)
Middleton, Lisa •Name ----- --,-~ --,------ (L•st, Fiflt) None Alternate, if any ____________ _
(Lau, Fnt)
Middleton, Lisa •Name ------~~-.u~.F~uu~i---- - -
deHarte, Ron Alternate, if any ____________ _
(La$t. Firs!)
Holstege, Christy •Name------~~.-u~.F~,m~i------
deHarte, Ron Alternate, if any ___________ _
(Last, First)
Appt Date and
Length of Tenn
None •------- Length of Term
None •------- Length of Term
None •------- Length of Tenn
None •------- Length of Term
California 806
Form
A Public Document
Page _ 2_ of _ 2_
Date Posted: _.,,.0,...1..,./,-30.,../_2..,.02,...3-,-- (Month, Day, Year) Per Meeting/Annual Salary/Stipend
75 • Per Meeting: $ _____ _
• Estimated Annual:
[8J $0-$1,000 • $2,001-$3,000
O s1.001-s2.ooo •-----
o,;,.,
75 • Per Meeting: $ ------
• Estimated Annual:
[8J $0-$1,000 • $2,001-$3,000
O s1.001-s2.ooo 0 __ 0.,..,,,,...,--
50 • Per Meeting: $ _____ _
• Estimated Annual:

IB1 so-$1,000 • $2,001-$3,000
O s1 .001-s2.ooo •----- o,;,.,
100
• Per Meeting: $ ------
• Estimated Annual:

O so-$1.000 0 $2,00 1-$3,000
[8J $1 ,001-$2,000 • --""o,,,,...,--
50 • __Q!_/ -23._t ~ • Per Meeting· $ ------
App/0... • Estimated Annual:

N [8J $0-$1 ,000 0 $2,001-$3,000 one •-------
•
•
LMgthofTwm
O s1 ,001 -s2.ooo •--.,..0
,,,,...,--
__Q!_t -23._t ~ • Per Meeting: $ 75
Appl Dot• • Estimated Annual:

None [8J $0-$1 ,000 • $2,001-$3,000
Lw,gth of Twm
O s1 ,001-s2.ooo • o,;,.,.

FPPC Form 806 (1/1 8)
FPPC To ll-Free Helpline: 866/ASK-FPPC (866/275-3772)

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 09-02-23 AND 09-16-23 TOTALING
$4,828,478.55 AND ACCOUNTS PAYABLE WARRANTS
DATED 08-31-23 AND 09-14-23 TOTALING $7,769,390.50,
IN THE AGGREGATE AMOUNT OF $12,597,869.05,
DRAWN ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.

ADOPTED THIS 9TH DAY OF NOVEMBER, 2023.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 1E - Page 1
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE

CITY CLERK
Item 1E - Page 2

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,470,869.65
DEFERRED COMP: NATIONWIDE 27,715.82
ICMA RHS CONTRIBUTION 22,362.50
CA DCCS 2,350.81
STATE TAXES 130,128.06
11,735.68
VENDOR WIRE PYMTS 5,150.48
DEFERRED COMP: ICMA 457 44,823.77
LIABILITY CHECK REGISTER 2012110-2012123 28,216.52
PAYROLL DIRECT DEPOSITS 1,780,191.43
FEDERAL TAXES 383,492.16
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422440-422454 34,702.42
November 9, 2023
PAYROLL PERIOD ENDING 9/2/2023
PAY DATE 9/8/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 11092023 |10/18/2023 | 5:07 PM (AM) Item 1E - Page 3
1 | 1

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,357,608.90
DEFERRED COMP: NATIONWIDE 26,200.82
ICMA RHS CONTRIBUTION 22,262.50
CA DCCS 2,350.81
STATE TAXES 117,547.26
11,673.18
VENDOR WIRE PYMTS 5,036.42
DEFERRED COMP: ICMA 457 44,907.27
LIABILITY CHECK REGISTER 2012386-2012399 27,889.12
PAYROLL DIRECT DEPOSITS 1,732,161.11
FEDERAL TAXES 349,763.08
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422455-422466 17,817.33
November 9, 2023
PAYROLL PERIOD ENDING 9/16/2023
PAY DATE 9/22/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 11092023 (2) |10/18/2023 | 5:07 PM (AM) Item 1E - Page 4
1 | 1
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/31/2023 12:39
User: ElisaS
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012016 08/31/2023 PRINTED 100292 ADMINSURE INC 40,778.00 2012017 08/31/2023 PRINTED 104437 JESUS CHUY DEGOLLADO 400.00 2012018 08/31/2023 PRINTED 103797 ALLISON MECHANICAL INC 2,590.00 2012019 08/31/2023 PRINTED 100572 AMAZON COM 216.98
2012020 08/31/2023 PRINTED 100036 AMERICAN LIBRARY ASSOCIAT 236.00 2012021 08/31/2023 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 550,104.21 2012022 08/31/2023 PRINTED 100351 BRUDVIK INC 290.00
2012023 08/31/2023 PRINTED 100551 CAPIO 30.00
2012024 08/31/2023 PRINTED 100112 CDW GOVERNMENT INC 1,097.20 2012025 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2012026 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 3,430.00 2012027 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2012028 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2012029 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2012030 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2012031 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2012032 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 159.04 2012033 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2012034 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2012035 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2012036 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2012037 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 223.94 2012038 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,279.93 2012039 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,176.04 2012040 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 249.48 2012041 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2012042 08/31/2023 PRINTED 100353 CHARTER COMMUNICATIONS 2,146.83 2012043 08/31/2023 PRINTED 100319 CLIMATEC LLC 2,487.50 2012044 08/31/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 11,367.40 2012045 08/31/2023 PRINTED 104051 DG INVESTMENT INTERMEDIAT 3,802.50 2012046 08/31/2023 PRINTED 104051 CONVERGINT TECHNOLOGIES L 10,650.00 2012047 08/31/2023 PRINTED 100054 DESERT WATER AGENCY 4,695.55 2012048 08/31/2023 PRINTED 100054 DESERT WATER AGENCY 61,629.42 2012049 08/31/2023 PRINTED 101468 EASTERN LION LLC 21,750.00 2012050 08/31/2023 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2012051 08/31/2023 PRINTED 104166 ECONOMIC AND PLANNING SYS 10,427.50 2012052 08/31/2023 PRINTED 101293 ENGIE SERVICES U.S. INC. 14,095.00 2012053 08/31/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2012054 08/31/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2012055 08/31/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 63.62 2012056 08/31/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,141.84 2012057 08/31/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 473.78 2012058 08/31/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,664.92 2012059 08/31/2023 PRINTED 100564 HARRELL COMPANY ADVISORS 5,838.00 2012060 08/31/2023 PRINTED 103260 I-SHRED INC 1,100.00
2012061 08/31/2023 PRINTED 101700 JNS NEXT 125.00
2012062 08/31/2023 PRINTED 101768 LEXIPOL LLC 10,693.37 2012063 08/31/2023 PRINTED 100332 LIEBERT CASSIDY WHITMORE 9,320.00 2012064 08/31/2023 PRINTED 101260 THE LLOYD PEST CONTROL 1,368.00 2012065 08/31/2023 PRINTED 015824 KEVIN LU 756.00
2012066 08/31/2023 PRINTED 100849 MANSFIELD POWER AND GAS L 69,635.19 2012067 08/31/2023 PRINTED 104269 MEAD AND HUNT INC 223,877.88 Item 1E - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/31/2023 12:39
User: ElisaS
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012068 08/31/2023 PRINTED 101798 MIDWEST TAPE INC 6,196.62 2012069 08/31/2023 PRINTED 015596 VICTOR MOROLES 273.69 2012070 08/31/2023 PRINTED 100148 NALCO COMPANY 11,772.37 2012071 08/31/2023 PRINTED 101308 NATIONAL AUTO FLEET GROUP 197,125.29 2012072 08/31/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 1,850.98 2012073 08/31/2023 PRINTED 101658 THE PUN GROUP LLP 70,760.00 2012074 08/31/2023 PRINTED 101230 R S AND H CALIFORNIA INC 13,000.39 2012075 08/31/2023 PRINTED 101629 THE RAMSAY GROUP 7,050.00 2012076 08/31/2023 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2012077 08/31/2023 PRINTED 101545 RYAN CAMPBELL 42,166.00 2012078 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 55,143.85 2012079 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 609.35 2012080 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 145,392.04 2012081 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 274.79 2012082 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 342.13 2012083 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 111.12 2012084 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,748.87 2012085 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,324.05 2012086 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,100.59 2012087 08/31/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,954.99 2012088 08/31/2023 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 17,299.26 2012089 08/31/2023 PRINTED 101677 SOCAL PPE LLC 12,427.19 2012090 08/31/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 82.93 2012091 08/31/2023 PRINTED 103782 T-MOBILE USA INC 125.00 2012092 08/31/2023 PRINTED 104184 TK ELEVATOR CORPORATION 4,700.00 2012093 08/31/2023 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,000.00 2012094 08/31/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 3,200.00 2012095 08/31/2023 PRINTED 100386 U S CUSTOMS SERVICE 52,375.60 2012096 08/31/2023 PRINTED 100386 U S CUSTOMS AND BORDER PR 649.00 2012097 08/31/2023 PRINTED 100405 UNION PACIFIC RAILROAD CO 1,922.50 2012098 08/31/2023 PRINTED 100114 UNITED RENTALS NA INC 2,962.90 2012099 08/31/2023 PRINTED 100295 US BANK CORPORATE PAYMENT 179,443.42 2012100 08/31/2023 PRINTED 104034 VERDE FACILITIES SERVICES 81,724.00 2012101 08/31/2023 PRINTED 100621 VERIZON BUSINESS 584.14 2012102 08/31/2023 PRINTED 100144 VERIZON WIRELESS 6,382.26 2012103 08/31/2023 PRINTED 100144 VERIZON WIRELESS 14,646.14 2012104 08/31/2023 PRINTED 100144 VERIZON WIRELESS 2,409.07 2012105 08/31/2023 PRINTED 100144 VERIZON WIRELESS 3,020.69 2012106 08/31/2023 PRINTED 103646 VIVID STAGING SOLUTIONS 4,801.59 2012107 08/31/2023 PRINTED 104451 ROBERT WEINSTEIN AND REBE 45,000.00 2012108 08/31/2023 PRINTED 100222 WEST COAST ARBORISTS INC 72,726.00 2012109 08/31/2023 PRINTED 100299 WILLDAN FINANCIAL SERVICE 1,350.00 94 CHECKS CASH ACCOUNT TOTAL 2,165,343.53 .00
Item 1E - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/31/2023 12:39
User: ElisaS
Program ID: apchkrcn

Page 3 ends

UNCLEARED CLEARED
94 CHECKS FINAL TOTAL 2,165,343.53 .00
** END OF REPORT - Generated by Elisa Samonte **
Item 1E - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/14/2023 10:17
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012124 09/14/2023 PRINTED 100824 15000 INC 105.00
2012125 09/14/2023 PRINTED 100180 AMERICAN ASSOCIATION OF A 1,025.00 2012126 09/14/2023 PRINTED 100024 ACE PRINTING 412.96
2012127 09/14/2023 PRINTED 101263 ACTION PARK ALLIANCE 1,555.40 2012128 09/14/2023 PRINTED 101814 ADLERHORST INTERNATIONAL 5,972.00 2012129 09/14/2023 PRINTED 101697 ADT COMMERCIAL LLC 3,995.40 2012130 09/14/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 200,305.83 2012131 09/14/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2012132 09/14/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,201.32 2012133 09/14/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2012134 09/14/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 200,305.83 2012135 09/14/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 40,440.93 2012136 09/14/2023 PRINTED 100403 AETNA 19,661.62
2012137 09/14/2023 PRINTED 104401 HEALTH AND HUMAN RESOURCE 999.40 2012138 09/14/2023 PRINTED 100218 AGUA CALIENTE BAND OF CAH 500.00 2012139 09/14/2023 PRINTED 100149 ALCO TARGET COMPANY 1,552.70 2012140 09/14/2023 PRINTED 103797 ALLISON MECHANICAL INC 10,283.03 2012141 09/14/2023 PRINTED 100755 ALTA LANGUAGE SERVICES IN 200.00 2012142 09/14/2023 PRINTED 100572 AMAZON COM 12.01
2012143 09/14/2023 PRINTED 103781 AMAZON.COM SALES INC 1,341.18 2012144 09/14/2023 PRINTED 104475 THOMAS P AMBRY 500.00 2012145 09/14/2023 PRINTED 104426 AMERICAN BUDS 12,800.00 2012146 09/14/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 2,980.24 2012147 09/14/2023 PRINTED 104248 AMS.NET INC 2,024.64
2012148 09/14/2023 PRINTED 016266 STEPHANIE ANDERSON 159.10 2012149 09/14/2023 PRINTED 015669 NICHOLAS ANDRE 1,075.00 2012150 09/14/2023 PRINTED 104472 ARGONAUT INSURANCE COMPAN 300,000.00 2012151 09/14/2023 PRINTED 100370 AT&T 293.25
2012152 09/14/2023 PRINTED 100765 MUNISERVICES / AVENU INSI 2,635.21 2012153 09/14/2023 PRINTED 100413 B & H PHOTO 9,036.07
2012154 09/14/2023 PRINTED 103994 BANNER BANK 45,859.85 2012155 09/14/2023 PRINTED 101049 MARY BARSALEAU 455.00 2012156 09/14/2023 PRINTED 100020 BEST BEST & KRIEGER 122,809.93 2012157 09/14/2023 PRINTED 101488 BIO SOCAL 2,670.00
2012158 09/14/2023 PRINTED 100366 BIO TOX LABORATORIES 3,923.00 2012159 09/14/2023 PRINTED 101858 BLACK DIAMOND SOLUTIONS 13,530.58 2012160 09/14/2023 PRINTED 002805 BETTY BLYTHE 158.84
2012161 09/14/2023 PRINTED 015124 SANDRA BOSLER 236.02
2012162 09/14/2023 PRINTED 104392 BOSS LASER LLC 9,245.72 2012163 09/14/2023 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 35,000.00 2012164 09/14/2023 PRINTED 100128 BRODART CO 2,307.79
2012165 09/14/2023 PRINTED 016021 CHAD BROWN 90.87
2012166 09/14/2023 PRINTED 101331 BRUCE BOWER INVESTIGATION 1,230.67 2012167 09/14/2023 PRINTED 104371 BUBBLE CARPET CLEANING LL 11,187.20 2012168 09/14/2023 PRINTED 100347 CALIFORNIA BUILDING OFFIC 2,030.00 2012169 09/14/2023 PRINTED 101428 CALTEC CORPORATION 326,424.75 2012170 09/14/2023 PRINTED 101837 CASC ENGINEERING AND CONS 9,389.00 2012171 09/14/2023 PRINTED 100112 CDW GOVERNMENT INC 2,310.62 2012172 09/14/2023 PRINTED 104457 LISA CHAMBERS 35.00
2012173 09/14/2023 PRINTED 103619 CHANDLER ASSET MANAGEMENT 13,312.61 2012174 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2012175 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 Item 1E - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/14/2023 10:17
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012176 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2012177 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2012178 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2012179 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2012180 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2012181 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 195.18 2012182 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2012183 09/14/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2012184 09/14/2023 PRINTED 100558 CINTAS CORPORATION 639.52 2012185 09/14/2023 PRINTED 100558 CINTAS CORPORATION 356.23 2012186 09/14/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 7,308.00 2012187 09/14/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 11,105.27 2012188 09/14/2023 PRINTED 100387 COACHELLA VALLEY ECONOMIC 78,000.00 2012189 09/14/2023 PRINTED 100928 COLANTUONO HIGHSMITH AND 4,580.00 2012190 09/14/2023 PRINTED 103406 COMMUNITY WORKS DESIGN GR 31,786.28 2012191 09/14/2023 PRINTED 100410 COMNET SOFTWARE 24,600.00 2012192 09/14/2023 PRINTED 104410 BIZON GROUP INC 7,527.58 2012193 09/14/2023 PRINTED 101238 CONSERVE LANDCARE LLC 208,417.70 2012194 09/14/2023 PRINTED 101598 CORODATA RECORDS MANAGEME 66.20 2012195 09/14/2023 PRINTED 100205 NANCY K BOHL INC 855.00 2012196 09/14/2023 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 422.00 2012197 09/14/2023 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 9,143.00 2012198 09/14/2023 PRINTED 015542 JOSHUA CROCKER 1,090.00 2012199 09/14/2023 PRINTED 100490 COACHELLA VALLEY CONSERVA 22,898.70 2012200 09/14/2023 PRINTED 104351 DANCE WITH MISS LINDSAY 477.40 2012201 09/14/2023 PRINTED 100115 DANIELS TIRE SERVICE INC 3,038.44 2012202 09/14/2023 PRINTED 104459 ANGELA DAVILA 949.00
2012203 09/14/2023 PRINTED 100265 DELL MARKETING LP 67,163.09 2012204 09/14/2023 PRINTED 101281 DELTA DENTAL HMO 1,829.35 2012205 09/14/2023 PRINTED 101282 DELTA DENTAL PPO 23,418.64 2012206 09/14/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 315.00 2012207 09/14/2023 PRINTED 103589 DESERT ARC 440.00
2012208 09/14/2023 PRINTED 100117 DESERT ELECTRIC SUPPLY 4,620.38 2012209 09/14/2023 PRINTED 100048 DESERT FIRE EXTINGUISHER 592.55 2012210 09/14/2023 PRINTED 100008 DESERT SUN PUBLISHING COM 3,836.60 2012211 09/14/2023 PRINTED 100254 DOKKEN ENGINEERING 15,672.37 2012212 09/14/2023 PRINTED 101244 DOWNS ENERGY 107,985.11 2012213 09/14/2023 PRINTED 100393 GERGIS YOUSEF 564.00
2012214 09/14/2023 PRINTED 100984 DTPS C-15 LLC 3,278.19 2012215 09/14/2023 PRINTED 100294 DUDEK 20,400.00
2012216 09/14/2023 PRINTED 101179 MARIANA DUSPIVA 750.00 2012217 09/14/2023 PRINTED 100054 DESERT WATER AGENCY 26,577.53 2012218 09/14/2023 PRINTED 100054 DESERT WATER AGENCY 1,077.67 2012219 09/14/2023 PRINTED 100054 DESERT WATER AGENCY 64.99 2012220 09/14/2023 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2012221 09/14/2023 PRINTED 100305 EISENHOWER MEDICAL CENTER 4,000.00 2012222 09/14/2023 PRINTED 100274 ENGINEERING RESOURCES OF 48,400.18 2012223 09/14/2023 PRINTED 100376 EXPERIAN 77.00
2012224 09/14/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 15.54 2012225 09/14/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 40.33 2012226 09/14/2023 PRINTED 104439 FIRSTTWO INC 8,700.00 2012227 09/14/2023 PRINTED 101194 FLEX ADVANTAGE 666.75 Item 1E - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/14/2023 10:17
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012228 09/14/2023 PRINTED 100250 FLIGHT LIGHT INC 4,032.78 2012229 09/14/2023 PRINTED 103949 FRESHWORKS INC 22,800.00 2012230 09/14/2023 PRINTED 100395 FRIENDS OF THE PALM SPRIN 3,541.00 2012231 09/14/2023 PRINTED 101723 FROG ENVIRONMENTAL INC 512.00 2012232 09/14/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 144.99 2012233 09/14/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 72.41 2012234 09/14/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 10,971.34 2012235 09/14/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,381.47 2012236 09/14/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2012237 09/14/2023 PRINTED 100828 FUSION CLOUD SERVICES LLC 327.25 2012238 09/14/2023 PRINTED 100158 GALLS LLC 798.85
2012239 09/14/2023 PRINTED 100158 GALLS LLC 5,274.46
2012240 09/14/2023 PRINTED 100536 GLS US A/R 35.28
2012241 09/14/2023 PRINTED 103824 GOVOS INC 7,500.00
2012242 09/14/2023 PRINTED 015160 STEPHANIE GREEN 1,264.12 2012243 09/14/2023 PRINTED 016168 NICHOLAS GRIEGO 1,843.64 2012244 09/14/2023 PRINTED 103998 JANE M GUY 868.00
2012245 09/14/2023 PRINTED 101343 HARRIS AND ASSOCIATES INC 880.00 2012246 09/14/2023 PRINTED 104383 HD SUPPLY INC 4,172.13 2012247 09/14/2023 PRINTED 015917 JENNIFER HILL 433.09
2012248 09/14/2023 PRINTED 100729 HIRE RIGHT LLC 5,080.49 2012249 09/14/2023 PRINTED 104373 HR GREEN PACIFIC INC 12,741.50 2012250 09/14/2023 PRINTED 100102 ICMA 1,200.00
2012251 09/14/2023 PRINTED 100494 IMAGE360 - PALM DESERT 1,474.88 2012252 09/14/2023 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 314,984.77 2012253 09/14/2023 PRINTED 101505 INTENT DIGITAL LLC 4,300.00 2012254 09/14/2023 PRINTED 100119 INTERACTIVE DESIGN CORPOR 6,567.00 2012255 09/14/2023 PRINTED 101727 IRON MOUNTAIN 1,102.21 2012256 09/14/2023 PRINTED 104038 J & L AUTO BODY INC 1,962.92 2012257 09/14/2023 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 109,361.00 2012258 09/14/2023 PRINTED 016456 JEREMY KEATING 365.08 2012259 09/14/2023 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 22,080.11 2012260 09/14/2023 PRINTED 101606 KINCAID INDUSTRIES INC 16,003.17 2012261 09/14/2023 PRINTED 104473 KYLIE KNIGHT 500.00
2012262 09/14/2023 PRINTED 015430 LEMBIT KULBIN 1,050.00 2012263 09/14/2023 PRINTED 101475 LA PRENSA HISPANA INC 6,000.00 2012264 09/14/2023 PRINTED 016014 JASON LAMB 2,110.81
2012265 09/14/2023 PRINTED 104409 LAVI INDUSTRIES INC 20,915.49 2012266 09/14/2023 PRINTED 101713 LESAR DEVELOPMENT CONSULT 20,656.00 2012267 09/14/2023 PRINTED 015882 TRAVIS LEVINSON 688.16 2012268 09/14/2023 PRINTED 100332 LIEBERT CASSIDY WHITMORE 3,675.00 2012269 09/14/2023 PRINTED 104444 LIMBS AND THINGS INC 8,096.73 2012270 09/14/2023 PRINTED 103726 LY ENVIRONMENTAL INC 5,270.00 2012271 09/14/2023 PRINTED 100793 MACLEOD WATTS INC 2,300.00 2012272 09/14/2023 PRINTED 016283 DANIEL MARTINEZ 130.55 2012273 09/14/2023 PRINTED 104398 MASKIT LLC 4,503.00
2012274 09/14/2023 PRINTED 101253 CHECKMATE TELEPHONE EXCHA 202.88 2012275 09/14/2023 PRINTED 104477 GILLEAN MCLEAN / MARY B D 800.00 2012276 09/14/2023 PRINTED 101798 MIDWEST TAPE INC 990.26 2012277 09/14/2023 PRINTED 103926 MUNICIPAL INFORMATION TEC 1,050.00 2012278 09/14/2023 PRINTED 101420 MIWALL CORPORATION 21,086.42 2012279 09/14/2023 PRINTED 100223 MOBILE MINI LLC CA 241.93 Item 1E - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/14/2023 10:17
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012280 09/14/2023 PRINTED 103896 MOHAWK COMMERCIAL INC 21,117.55 2012281 09/14/2023 PRINTED 100079 MOHICA TOWING 1,140.00 2012282 09/14/2023 PRINTED 101855 MOTOWORX GARAGE 1,810.88 2012283 09/14/2023 PRINTED 101304 MWH CONSTRUCTORS INC 58,297.59 2012284 09/14/2023 PRINTED 100148 NALCO COMPANY 3,421.62 2012285 09/14/2023 PRINTED 104057 DONNA S NEWTON 1,018.50 2012286 09/14/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 13,624.49 2012287 09/14/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 1,872.00 2012288 09/14/2023 PRINTED 101742 OVERDRIVE INC 30,000.00 2012289 09/14/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 17,499.99 2012290 09/14/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 267.19 2012291 09/14/2023 PRINTED 100087 PALM SPRINGS INTL FILM SO 50,000.00 2012292 09/14/2023 PRINTED 100082 PALM SPRINGS MIRROR AND G 1,530.00 2012293 09/14/2023 PRINTED 100133 PALM SPRINGS MOTORS 7,803.73 2012294 09/14/2023 PRINTED 016210 CORY PISCIUNERI 750.00 2012295 09/14/2023 PRINTED 101455 PROFESSIONAL INTERPRETING 6,312.44 2012296 09/14/2023 PRINTED 101767 PROFORMA SOCAL 96.10
2012297 09/14/2023 PRINTED 100596 PROPER SOLUTIONS INC 93,711.55 2012298 09/14/2023 PRINTED 101270 PROQUEST 2,714.89
2012299 09/14/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 1,868.21 2012300 09/14/2023 PRINTED 100654 PS RESORTS 63,791.20
2012301 09/14/2023 PRINTED 103895 PUB CONSTRUCTION INC 10,196.02 2012302 09/14/2023 PRINTED 100323 QUADIENT LEASING USA INC 1,608.44 2012303 09/14/2023 PRINTED 104456 QUALCON INC 700.00
2012304 09/14/2023 PRINTED 101642 QUENCH USA INC 60.88
2012305 09/14/2023 PRINTED 100629 RANCHO MIRAGE CHAMBER OF 90.00 2012306 09/14/2023 PRINTED 015310 RYAN RASO 5,963.13
2012307 09/14/2023 PRINTED 101527 RATTLE TECH LLC 1,000.00 2012308 09/14/2023 PRINTED 016501 FRANK RAYGOZA 523.20
2012309 09/14/2023 PRINTED 101728 PALM SPRINGS WATER SYSTEM 1,145.00 2012310 09/14/2023 PRINTED 100076 RCLEAA 360.00
2012311 09/14/2023 PRINTED 101363 RICONDO AND ASSOCIATES IN 1,102.50 2012312 09/14/2023 PRINTED 104455 THE RILINGTON GROUP LLC 48,000.00 2012313 09/14/2023 PRINTED 103678 ROADRUNNER PRINTING AND S 828.16 2012314 09/14/2023 PRINTED 100400 ROBERT HALF 31,773.75 2012315 09/14/2023 PRINTED 104461 NIKKI ROMAN 337.00
2012316 09/14/2023 PRINTED 104458 LUCILA RUBIO 61.00
2012317 09/14/2023 PRINTED 100630 SAFECHECKS 1,269.15
2012318 09/14/2023 PRINTED 104059 SAME DAY EXPRESS LLC 7,730.00 2012319 09/14/2023 PRINTED 100467 SAN BERNARDINO REGIONAL E 4,425.00 2012320 09/14/2023 PRINTED 104369 SAN DIEGO COUNTY SHERIFFS 1,095.00 2012321 09/14/2023 PRINTED 104460 ROMAN SANCHEZ 55.00
2012322 09/14/2023 PRINTED 016322 MICHELLE SARDINA 1,843.64 2012323 09/14/2023 PRINTED 100563 SAN BERNARDINO COUNTY SHE 430.00 2012324 09/14/2023 PRINTED 101542 SC COMMERCIAL 35,878.88 2012325 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 53,758.44 2012326 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 44.74 2012327 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 68.02 2012328 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 112.43 2012329 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 111.90 2012330 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,645.96 2012331 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,406.10 Item 1E - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/14/2023 10:17
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012332 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 573.73 2012333 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,963.46 2012334 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 23.59 2012335 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17.93 2012336 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 548.88 2012337 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 135,329.68 2012338 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 711.26 2012339 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 104.25 2012340 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10,824.16 2012341 09/14/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 58.35 2012342 09/14/2023 PRINTED 015698 SCOTT HERNANDEZ 720.00 2012343 09/14/2023 PRINTED 104453 SHAFCOM 1,919.96
2012344 09/14/2023 PRINTED 100435 THE SHREDDERS 126.00
2012345 09/14/2023 PRINTED 103804 WEST AVIATION SERVICES-SA 16,952.04 2012346 09/14/2023 PRINTED 100010 SMOKE TREE STABLES 840.00 2012347 09/14/2023 PRINTED 101822 SO CAL LAND MAINTENANCE I 18,660.00 2012348 09/14/2023 PRINTED 104053 RKLJS CORP 16,400.00
2012349 09/14/2023 PRINTED 100000 SOUTH COAST AQMD 8,818.84 2012350 09/14/2023 PRINTED 100327 SOUTH COAST EMERGENCY VEH 13,704.92 2012351 09/14/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 274.59 2012352 09/14/2023 PRINTED 100120 SPOK INC 49.60
2012353 09/14/2023 PRINTED 101356 ST FRANCIS ELECTRIC LLC 115,266.81 2012354 09/14/2023 PRINTED 103901 STEVE P RADOS INC 871,337.15 2012355 09/14/2023 PRINTED 100526 SWAAAE 95.00
2012356 09/14/2023 PRINTED 103782 T-MOBILE USA INC 200.00 2012357 09/14/2023 PRINTED 101588 TARGETSOLUTIONS LEARNING 14,709.69 2012358 09/14/2023 PRINTED 101852 SOLARCITY CORP 17,210.69 2012359 09/14/2023 PRINTED 104308 WS CHIEF CORNERSTONE INC 1,800.00 2012360 09/14/2023 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,000.00 2012361 09/14/2023 PRINTED 103796 TRANSCORE HOLDINGS INC 95,849.80 2012362 09/14/2023 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 250.00 2012363 09/14/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 45,682.92 2012364 09/14/2023 PRINTED 100386 U S CUSTOMS SERVICE 783.50 2012365 09/14/2023 PRINTED 100396 ULINE 10,213.91
2012366 09/14/2023 PRINTED 100114 UNITED RENTALS NA INC 5,580.49 2012367 09/14/2023 PRINTED 104368 UNIVERSAL GREEN LLC 33,500.00 2012368 09/14/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 109,726.89 2012369 09/14/2023 PRINTED 100200 VALLEY LOCK AND SAFE 5,312.93 2012370 09/14/2023 PRINTED 100066 VALLEY MAIL DELIVERY 2,768.64 2012371 09/14/2023 PRINTED 100129 VCA ANIMAL HOSPITALS INC 87.18 2012372 09/14/2023 PRINTED 100621 VERIZON BUSINESS 228.20 2012373 09/14/2023 PRINTED 100144 VERIZON WIRELESS 39.55 2012374 09/14/2023 PRINTED 100144 VERIZON WIRELESS 4,105.58 2012375 09/14/2023 PRINTED 104362 VETERANS FOR PEACE 300.00 2012376 09/14/2023 PRINTED 100050 VISION SERVICE PLAN 241.56 2012377 09/14/2023 PRINTED 100121 VISIT GREATER PALM SPRING 64,634.03 2012378 09/14/2023 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 2,193.84 2012379 09/14/2023 PRINTED 101220 WATERLINE TECHNOLOGIES IN 9,523.43 2012380 09/14/2023 PRINTED 104402 JURGEN WEISS 18,569.93 2012381 09/14/2023 PRINTED 101604 WGJ ENTERPRISES INC 243,581.00 2012382 09/14/2023 PRINTED 104476 TREVOR WHITCOMB 800.00 2012383 09/14/2023 PRINTED 100461 WOMEN LEADERS FORUM 759.00 Item 1E - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/14/2023 10:17
User: PatrickW
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2012384 09/14/2023 PRINTED 101561 WORKING FIRE FURNITURE & 4,916.20 2012385 09/14/2023 PRINTED 100908 YAMADA SPA MANAGEMENT INC 448.00 262 CHECKS CASH ACCOUNT TOTAL 5,604,046.97 .00
Item 1E - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/14/2023 10:17
User: PatrickW
Program ID: apchkrcn

Page 7 ends

UNCLEARED CLEARED
262 CHECKS FINAL TOTAL 5,604,046.97 .00
** END OF REPORT - Generated by Patrick Wynhoff **
Item 1E - Page 14
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CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A8374 WITH ALPHA PETROLEUM TRANSPORT, INC. II FOR COLLECTION, TRANSPORTATION,

DISPOSAL, AND/OR DESTRUCTION OF WASTE MATERIALS
RECOMMENDATIONS:

1. 2. Authorize the City Manager or designee to execute all necessary documents.

Appropriate $681,791.36 from Airport Operations and Maintenance Fund 415 fund balance.

3. Attachments
Item 1F

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A8374 WITH ALPHA PETROLEUM TRANSPORT, INC. II FOR COLLECTION,

TRANSPORTATION, DISPOSAL, AND/OR DESTRUCTION OF WASTE

MATERIALS
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:

This action will approve Amendment No. 3 to Agreement No. A8374 with Alpha Petroleum Transport, Inc. II, in the amount of $1,028,383.07, for a revised contract amount not to exceed $1,238,294.91 for the collection, transportation, disposal, and/or destruction of waste materials.

RECOMMENDATION:

1. Approve Amendment No. 3 to Agreement No. A8374 (Attachment A) with Alpha Petroleum Transport, Inc. II, for the collection, transportation, disposal, and/or destruction of waste materials in an additional amount of $1,028,383.07 for a total revised contract amount not to exceed $1,238,294.91;

2. Authorize the City Manager or designee to execute all necessary documents.

3. Appropriate $681,791.36 from Airport Operations and Maintenance Fund 415 fund balance.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on September 16, 2020, Alpha Petroleum Transport, Inc. II, is registered in the State of California. The owners are Patricia Parker, Laura Parker, and Douglas Parker with a combined 100% beneficial interest in entity.

Item 1F - Page 1
BACKGROUND:

The Procurement and Contracting Department worked with Facilities & Maintenance staff to issue an Invitation for Bids (IFB) to find a contractor for the needed services. IFB 21- 02 was advertised in the local newspaper, posted to the City’s website, and sent to fortythree (43) potential vendors. Two (2) bids were received in the Procurement and Contracting Office by the September 17, 2020 deadline, with Alpha Petroleum Transport, Inc., being the lowest responsive, responsible bidder.

On October 8, 2020, City Council awarded Contract Services Agreement No. A8374 (A8374) to Alpha Petroleum Transport, Inc. II, for a three-year term in the amount of $134,913.45, effective November 9, 2020 through November 8, 2023, subject to two oneyear optional extensions upon mutual consent of the parties.

Amendment No. 1 was approved and entered into on April 6, 2022, by the City Manager for an additional $28,911 to include the collection, transportation, disposal and/or destruction of waste materials for the Palm Springs International Airport (Airport), for a contract amount not to exceed $163,824.45.

Amendment No. 2 was approved and entered into on November 14, 2022, by the City Manager for an additional $46,087.39 to increase services provided to the Palm Springs International Airport, for a contract amount not to exceed $209,911.84.

STAFF ANALYSIS:

Staff is requesting to exercise the first optional one-year term through November 8, 2024 and to modify the Schedule of Compensation to include: (i) annual Consumer Price Index (CPI) adjustment of 4.9% for the prior 12 month period effective on the anniversary date; (ii) an increase in waste collection, transportation, disposal, and/or destruction of waste materials, for services provided to the Airport; (iii) emergency services as performed from August 17, 2023, through October 20, 2023; and (iv) unscheduled emergency services, for an additional amount of $1,028,383.07, for a maximum contract amount not to exceed $1,238,294.91. This total includes:
i. A Consumer Price Index change for a 4.9% increase to unit prices and an extended annual cost of $96,591.71.
ii. An increase in waste collection, transportation, disposal, and/or destruction of waste materials for services to the Airport for an annual estimated cost increase of $50,000 for year 3 and $100,000 for year 4.
iii. Ratifying emergency services performed from August 17, 2023, through October 20, 2023, for an increase of $681,791.36.
iv. As-needed emergency services for an increase of $100,000.

Item 1F - Page 2
On August 18, 2023 at around 3:00 AM, the Airport and Fire Department received an emergency notification about a fire incident at the Quonset Hut facility located at the southeast corner of Alejo Road and North Civic Drive within Airport property. This structure primarily served as a storage facility for hazardous waste materials for the Airport. Following the successful containment of the fire, the Airport recognized an immediate requirement to contract for specialized emergency services for the collection, transportation, disposal, and removal of these hazardous waste materials. This decision was for public safety, as the contents of the building needed to be swiftly addressed. The total emergency costs amounted to $681,791.36.

Airport staff has recognized the need to allocate a budget of $100,000 for future emergency services due to several key factors. First and foremost, the recent incident at the Quonset Hut highlights the unpredictability of emergencies and their potential to incur substantial costs. The hazardous waste storage facility fire served as a reminder of the critical importance of being financially prepared to quickly respond to unforeseen crises.

Moreover, the allocation of this budget ensures that the Airport can maintain a state of readiness for any future emergencies. It enables the Airport Administration Department to promptly secure the services, such as those for hazardous waste disposal, without delays that could exacerbate risks to public safety. This financial preparedness reflects the Airport's commitment to safeguarding both its infrastructure and the well-being of the community it serves, providing peace of mind to residents and travelers alike.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2A, Community Infrastructure – Improve City Facilities.

Item 1F - Page 3
FISCAL IMPACT:

Funds for the CPI and annual emergency services in the amount of $346,591.71 are available in the Department of Aviation Airside account 4157030-40105. The remaining emergency operational expense in the amount of $681,791.36 will be appropriated from Airport Operations and Maintenance Fund 415 fund balance.

REVIEWED BY:

Department Director: Lauri Aylaian
Aviation Director: Harry Barrett, Jr.

Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment No. 3 to A8374
B. Public Integrity Disclosure Form
Item 1F - Page 4

ATTACHMENT A

Item 1F - Page 5
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 8374

FOR COLLECTION, TRANSPORTATION, DISPOSAL, AND/OR DESTRUCTION OF

WASTE MATERIALS
This Amendment No. 3 to the Contract Services Agreement (A8374), (“Amendment No. 3”), is made and entered into this _____ day of _____________, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Alpha Petroleum Transportation, Inc. II, a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of Alpha Petroleum Transport, Inc., II for the collection, transportation, disposal, and/or destruction of waste materials (“Project”) B. Contractor has submitted to City a proposal to provide for the collection, transportation, disposal, and/or destruction of waste materials to City under the terms of this Agreement.

C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. On October 8, 2020, City Council approved A8374, made and entered into on November 9, 2020, in reference to the competitively solicited Invitation for Bids (IFB) 21-20 with Contractor in an amount not to exceed $134,913.45.

E. On April 6, 2022, the Parties entered into Amendment No. 1 to provide additional collection, transportation, disposal and or destruction of waster materials for the Palm Springs International Airport for an additional $28,911 and a Contract Amount not to exceed $163,824.45.

F. On November 14, 2022, the Parties entered into Amendment No. 2 providing for an increase in services for the Palm Springs International Airport for an additional $46,087.39 annually, for a Maximum Contract Amount of $209,911.84.

G. City desires to exercise the first optional one-year term through November 8, 2024, and to modify the Schedule of Compensation to include: (i) annual Consumer Price Index (CPI) adjustment of 4.9% for the prior 12 month period effective on the anniversary date; (ii) increase in waste collection, transportation, disposal, and/or destruction of waste materials, for services provided to the Palm Springs International Airport; (iii) emergency services as performed from August 17, 2023, through October 20, 2023; and (iv) and unscheduled emergency services for an additional amount of $1,028,383.07, for a Maximum Contract Amount not to exceed $1,238,294.91.

Item 1F - Page 6
H. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows:

AGREEMENT
SECTION1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 3.

SECTION 2. 2.1 Maximum Contract Amount. as defined therein is replaced in its entirety to read:
“For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “D” and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of the unit costs set forth in Exhibit “D” for the first three years of the contract (“Maximum Contract Amount”), except as may be provided under Section 1.8. The total amount of Compensation is estimated at $1,238,294.91 for 4 years and shall not exceed the amount budgeted each fiscal year for this expense as approved by City Council. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or timeconsuming than provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city’s payment obligation is reached before the Contractor’s Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.”
SECTION 3. 3.4 Term. As defined therein is replaced in its entirety to read:
“3.4 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 four (4) years with one (1) one-year optional extension from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties.” SECTION 4. Exhibit “D” Schedule of Compensation is hereby replaced in its entirety by Attachment 1.

SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A8374, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 3 and any provisions of the Contract Services Agreement A8374, the provisions of this Amendment No. 3 shall in all respects govern and control.

Item 1F - Page 7
SECTION 6. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. A8374 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Item 1F - Page 8
SIGNATURE PAGE TO AMENDMENT NO. 3 (A8374) BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALPHA PETROLEUM TRANSPORTATION, INC. II 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:

CITY OF PALM SPRINGS:

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 1F - Page 9
ATTACHMENT NO. 1
Item 1F - Page 10
EXHIBIT "D" SCHEDULE OF COMPENSATION
Item Unit of Measure Unit Price
Waste Oil Gallons $ 3.52
Waste Antifreeze/Coolant Gallons $ 0.21
Used Oil Filters 55 Gallon Drum $ 52.45
Absorbent Materials/Oily Rags 55 Gallon Drum $ 141.62
Batteries (Mix) 55 Gallon Drum $ 4,374.33
4' Fluorescent Lights Each $ 2.90
8' Fluorescent Lights Each $ 4.78
Lights Mix:

CFL, LED, HID, METAL Arc Halide, Halogen, Mercury Vapor, UShapedCombination Each
$ 1.05
Ballasts 55 Gallon Drum $ 314.70
Paint, Latex Gallons $ 17.15
Paint, Oil Base Gallons $ 8.92
Paint, Aerosol 55 Gallon Drum $ 466.81
Paint Water 55 Gallon Drum $ 819.53
Misc. Solvents 55 Gallon Drum $ 723.81
Misc. Building Materials:

Epoxy, Roof Patch, etc. 55 Gallon Drum $ 482.54
Household Hazardous Waste 55 Gallon Drum $ 314.70
Fire Extinguishers Each $ 20.98
Propane Tanks Each $ 52.45
Herbicides/Pesticides 55 Gallon Drum $ 314.70
Pool Care Products:

Chlorine, Acids, Bases 55 Gallon Drum $ 522.40
Sharps 1 Gallon
Containers
$ 125.88
Clarifiers Liquid Gallons $ 0.68
Clarifiers Solid Gallons $ 1.52
Runway and Apron: 55 Gallon Drum $ 215.62
Foreign Object Debris
Rubber Crumbles
Empty Drums 55 Gallon Drum $ 59.01
Light Drums:

Empty 4' Cardboard Fluorescent 4 Foot $ 41.96
Empty 8' Cardboard Fluorescent 8 Foot $ 41.96
Profiles on Liquid & Solid Individual Waste Streams Each 28' Box Van pr equivalent, with light gate, to include
driver/operator, utilized in the proper & safe transportation of RCRA & Non-RCRA, Hazardous Waste Liquids & Solids (Based on 8 hours - portal to portal_
Hour $ 110.15
Item 1F - Page 11
One additional (40) hour trained technician, utilized in the proper & safe packaging and transportation of RCRA & NonRCRA Hazardous Waste, Liquids & Solids (Based on 8 hours - portal to portal)
Hour $ 131.13
On Supervisor utilized in the proper & safe packaging and transportation of RCRA & Non-RCRA Hazardous Waste Liquids & Solids (based on 8 hours - portal to portal)
Hour $ 8.40
United Nations (UN) Packaging for the proper and safe
transportation & disposal RCRA & Non-RCRA, Hazardous Waste Liquids & Solids
Cubic Yard Box(es) Each $ 131.13
Bag(s) of Absorbent Each $ 36.72
55 Gallon Steel o/t drums Each $ 68.19
30 Gallon Steel o/t drums Each $ 70.28
30 Gallon Poly o/t/ drums Each $ 54.55
15 Gallon Poly o/t/ drums Each $ 43.01
5 Gallon Steel o/t/ pails Each $ 34.09
5 Gallon Poly o/t pails Each $ 39.34
Non-RCRA Hazardous Waste, Liquid (Paint, Primer & Sealer) Cubic Yard Boxes $ 896.90 Non-RCRA Hazardous Waste, Solid (Adhesive & Granule
Deodorant)
55 Gallon Drum $ 267.50
Non-RCRA Hazardous Waste, Solid (Dried Paint, Empty Pails & Debris)
Cubic Yard Boxes $ 896.90
Manifest compliance and documentation fee Each $ 52.45
Fuel, Energy & Insurance Surcharge (17%)
November 9, 2020, through November 8, 2021 $ 46,503.55
November 9, 2021, through November 8, 2022 $ 60,000.00
November 9, 2022, through November 8, 2023 $ 150,000.00 November 9, 2023, through November 8, 2024 $ 200,000.00 Annual Emergency Services (as needed services) $ 100,000.00 One-time Emergency Services (August 17 - October 20, 2023) $ 681,791.36 Maximum Contract Amount $ 1,238,294.91
Item 1F - Page 12
EMERGENCY RESPONSE SERVICES:

Item 1F - Page 13
Item 1F - Page 14

PERSONNEL
Straight Time .. Overtime 1nTnlrPremium Time
(Hourly Rate) (Hourly Rate) (Hourly Rate)
ER002 PROJECT MANAGER $150.00 $175.00 $200.00
ER003 SUPERVISOR $125.00 $150.00 $175.00 ER004 LEAD TECHNICIAN $85.00 $110.00 $135.00 ER005 TECHNICIANS $75.00 $100.00 $125.00
ER006 GEOLOGIST $475.00 $525.00 $575.00
ER007 FIELD CHEMIST $250.00 $300.00 $350.00 ER008 INDUSTRIAL HYGIENIST $250.00 $300.00 $350.00 ER009 EQUIPMENT OPERATOR $125.00 $150.00 $175.00 ER010 ADMINISTRATIVE $48.00 $63.00 $78.00
Straight Time Hours are from 8:00 am to 5:00 pm Monday Through Friday. , ** Overtime will be charged for work, between 5:01 p.m. and 7:59a.m. *** Premium time will be charged for all work hours that exceed (12) consecutive hours in a work day.

Saturday will be billed at the overtime rate for the first (8) hours and then the premium time rate applies thereafter.

Sunday will be billed at a Premium Time.

Premium time will be billed on the following holidays:
• New Year's Day • Easter • Memorial Day • 4th of July • Labor Day • Veteran's Day
• Thanksgiving Day • Day after Thanksgiving • Christmas Eve Day • Christmas Day
• President's Day
*Minimum charge of (4) hours applies to all vehicles, equipment and personnel.

All vehicle, equipment and work hours will be charged from portal to portal. 5 Item 1F - Page 15
EQUIPMENT w/o Operator
Straight Time Overtime Premium
(Hourly Rate) (Hourly Rate) (Hourly Rate)
ER011 3000-gallon Vacuum Truck (steel)* $125.00 $155.00 $185.00 ER012 3000-gallon Vacuum Truck (stainless)* $135.00 $165.00 $195.00 ER013 5000-gallon Vacuum Truck (steel)* $135.00 $165.00 $195.00 ER014 5000-gallon Vacuum Truck (stainless)* $155.00 $185.00 $225.00 ER015 3000-gallon Vacuum Truck (Kelsite lined) * $175.00 $225.00 $275.00 ER016 5000-gallon Vacuum Truck (Kelsite lined) * $175.00 $225.00 $275.00 ER017 28'-53' Enclosed Van $105.00 $125.00 $140.00
ER018 48'-53' Reefer (Refrigerated) Enclosed Van $125.00 $150.00 $175.00 ER019 48'-53' Flatbed $105.00 $125.00 $140.00
ER020 End Dump $125.00 $150.00 $175.00
ER021 Roll-Off Truck $125.00 $150.00 $175.00
ER022 Transfer Truck $125.00 $150.00 $175.00
ER023 Stake-bed Truck w/ Lift-gate $105.00 $125.00 $140.00 ER024 Tractor Tow Truck $325.00 $375.00 $425.00 ER025 Crane $525.00 $625.00 $725.00
**Note**: A mobilization and demobilization fee will be assessed on all equipment, supplies, etc. Go to page #10 under notes.

EQUIPMENT w/o Operator
ER026 Heavy Excavator
ER027 Heavy Loader
ER028 Light Loader ER029 Heavy Backhoe
ER030 Light Backhoe ER031 Breaker Attachment ER032 Bobcat Loader w/Trailer ER033 Bobcat Loader w/Auger Attachment
ER034 Forklift-6,000 lb. ER035 Forklift-12,000 lb. ER036 Manlift-Telescopic 6 Straight Time
(Hourly/Daily Rate)
$275.00/hr.
$185.00/hr. $145.00/hr. $145.00/hr. $125.00/hr. $500/day $125.00/hr. $175.00/hr. $165.00/hr. $175.00/hr. $125.00/hr.

Item 1F - Page 16
ER037 Man lift-Scissor ER038 Company Auto ER039 Roll-Off Bin Rental ER040 Generator - Auxiliary
ER041 Generator - 10K
ER042 Auxiliary Lighting ER043 Air Compressor
ER044 Restrooms -Men/Women Climate Controlled
ER045 Steam Cleaner ER046 Hydro Blaster - 10,000 PSI
ER047 2000 - 3000 PSI Pressure Washer
ER048 Cutting Torch
ER049 Chain Saw 16"
ER050 Portable Sandblaster
ER051 Portable Heater
ER052 Hydraulic Drum Turner ER053 Air Blower ER054 Jack Hammer (electric) ER055 Jack Hammer (pneumatic) ER056 Gasoline Soil Tamper ER057 Drum Dolly
ER058 Miscellaneous - Ropes, Cones, Buckets, Diverters ER059 Shovels, Brooms, Hand Tools ER060 Trailer Mounted Water Mule RESPONSE EQUIPMENT w/o O~erator
ER061 Emergency Response Gear Truck or Trailer
ER062 Emergency Response Utility Vehicle
ER063 Decontamination Unit
ER064 First Response Pick-up Truck

CONSUMABLES
ER065 Disposable Suits (Tyvek) ER066 Safety Glasses
7 $125.00/hr. $45.00/hr. $45.00/day, per bin
$70.00/hr. $110.00/hr.
$45.00/hr.
$55.00/hr. $500.00/day
$85.00/hr. $95.00/hr. $675.00/day $375.00/day $85.00/day $261.00/day $25.00/hr. $25.00/hr. $65.00/day $85.00/day $95.00/day $225.00/day $45.00/day
$85.00/day $85.00/day
$450.00/day
Straight Time
(Hourly Rate)
$150.00/hr.
$105.00/hr. $1,500.00/day $75.00/hr.
$30.00/each $12.00/each
Item 1F - Page 17
ER067 Saranex 23P $65.00/each ER068 Hard Hats $25.00/each ER069 Guardian Neoprene Gloves $18.00/pair
ER070 Ansel Edmont PVA (Organics) $35.00/set ER071 Leather Work Gloves $13.00/pair ER072 3M Oil off Water Absorbent Boom 8" x 10' (prepacked) $300.00/4 pack ER073 3M Oil Off Water Absorbent Pillow 5" x 14" x 25" $20.35/each ER074 2-liter Hazorb Pillow $12.00/each ER075 Mekesson Pillows $15.00/each ER076 3M Sorbant Rolls $220.00/each ER077 Vermiculite $35.00/bag ER078 Absorbent $25.50/bag ER079 3M Powersorb $22.50/each ER080 Polysorb Socks 3" x 8' $22.00/each ER081 Polysorb Socks 3" x 12' $30.00/each ER082 Polysorb Socks 3" x 20' $55.00/each ER083 Polysorb Socks 5" x 1 O' $30.00/each
ER084 Polysorb Socks 5" x 20' $65.00/each
ER085 85-gallon Overpack Drum $250.00/drum
ER086 55-gallon Poly Drums / Used $75.00/drum ER087 30-gallon Poly Drums $55.00/drum ER088 15-gallon Poly Drums $45.00/drum
ER089 55-gallon 17H Steel Drums $75.00/drum ER090 5-gallon Pail $37 .50/each ER091 Duct Tape $10.00/roll ER092 Caution Tape $40.00/roll ER093 Hazardous Waste Labels $5.00/each ER094 Steel-toe Neoprene Boots $95.00/pair
ER095 Plastic Liner (6 mil) $250.00/roll
ER096 Polyethylene Bags $2.50/each ER097 20" Stretch Film $175.00/roll ER098 Rags $60.00/box
ER099 Portable Eyewash $55.00/day
ER100 Hand Pump-disposable $35.00/each ER101 Patch Kit $45.00/each ER102 Sample Tubes $250.00/box ER103 Sample Jars $16.00/each 8 Item 1F - Page 18
ER104 Cement $18.00/bag ER105 Plaster $15.00/bag ER106 Charcoal $15.00/bag ER107 Soda Ash $8.25/pound ER108 Citric Acid $4.15/pound
ER109 Sodium Carbonate Monohydrate $3.15/pound ER110 Caustic Soda-Flake $3.75/pound ER111 Caustic-Bead $2.15/pound ER112 Nitric Acid $2.25/pound ER113 Hydrogen Peroxide $2.50/pound ER114 Industrial Grade Detergent $50.00/gallon

LIFE SUPPORT EQUIPMENT
ER115 Bottled Air/ 300 cu. ft. Cylinder $220.00/day
ER116 Self-Contained 60-min. Scott Air Pack $315.00/day ER117 Self-Contained 30-min. Scott Air Pack $250.00/day ER118 30-minute Cylinders $155.00/day ER119 60-minute Cylinders $180.00/day ER120 Hazardous Suit (Level A} $1,500.00/day ER121 Hazardous Suit (Level B} $350.00/day
ER122 Positive Pressure Mask w/Egress Remote Air $185.00/day ER123 Half-Face Respirator $95.00/day ER124 Set of Dual Cartridges $45.00/each ER125 Full-Face Respirator $180.00/day
ER126 Racal Respirator $150.00/day ER127 Cartridges for Racal Respirator $56.00/each ER128 Oxygen Pack $120.00/each ER129 Oxygen 90-minute Cylinder $175.00/each ER130 Lifelines, Safety Harnesses, Misc. $155.00/day ER131 Haz-Cat Test $75.00/test ER132 Haz-Cat Kit $315.00/day ER133 4 Gas Air Monitor $275.00/day ER134 Draeger Tester Pump $95.00/day ER135 Draeger Tester Tubes $22.00/each ER136 PID Meter $450.00/day
9 Item 1F - Page 19

OUTSIDE SERVICES
ER137 Analytical Services ER 138 Disposal Charges ER 139 Lodging & Per Diem ER140 Tanker Washout
NOTES
Quoted on a case-by-case basis Quoted on a case-by-case basis Quoted on a case-by-case basis $650.00/each

ALL MATERIALS NOT LISTED, RENTAL EQUIPMENT, SUB-CONTRACTED EQUIPMENT AND SPECIALTY

EQUIPMENT ARE SUBJECT TO ADDITIONAL CHARGES AT THE SOLE DISCRETION OF ALPHA PETROLEUM TRANSPORT, INC. II

REPAIR OR REPLACEMENT COSTS SHALL BE CHARGED FOR EQUIPMENT DAMAGED BY CUSTOMER.

A FUEL, ENERGY & INSURANCE SURCHARGE (22%) WILL BE ASSESSED ON THE TOTAL INVOICE.

Rev: 01/01/2023
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:

For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic’s Consumer Price Index (CPI) for the Riverside/Ontario/San Bernardino region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.

Delivery/Schedule for Performance: The bidder must indicate on the this Bid Proposal page that time required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor in award of bid and may be cause for rejection, as determined by the City. The work and/or services to be performed by Vendor pursuant to the purchase order shall be completed by Vendor within time required for delivery indicated below unless City approves in writing a revised delivery schedule.

Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and install after receipt of order (ARO): 3 DAYS (ARO) *Delivery may be a factor in award.

It is understood and agreed that tis bid may not be withdrawn for a period of ninety (90) days from the date of opening thereof, and at no time in the case of a Successful Bidder.

Item 1F - Page 20

ATTACHMENT B
Item 1F - Page 21
Item 1F - Page 22

1. 2.

3. 4.

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Alpha Petroleum Transport, Inc. II
Address of Entity (Principle Place of Business)
22740 Temescal Canyon Road, Corona, CA 92883
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State CA If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
Ix] Corporation O 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 _
.D_o_u_g_la_s_L_. _Pa_r_ke_r _________ O Officer O Director □ Member O Manager (name]
D General Partner D Limited Partner 1X) Other _P_r_es_id_e_n_t ____ _ _ J_am_es_c_h_r_is_t __________ o Officer IXI Director □ Member □ Manager [name]
D General Partner D Limited Partner O Other _______ _
---------------□ Officer D Director D Member D Manager [name] D General Partner D Limited Partner D other _______ _
18 Item 1F - Page 23

7. Owners/Investors with a 6% 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.

Douglas L. Parker 25%
..
[name of owner/investor] (percentage of beneficial interest In entity and name of entity]
e.

Laura L. Parker 25%
[name of owner/investor] [percentage of beneficial Interest In entity and name of entity]
C.

Patricia J. Parker 50%
[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 ownerflnvestor] [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 {j .,._,.,,,...__..._'W--, Douglas L. Parker, President 9/16/2020 19 ATTACHMENT C
Item 1F - Page 24
Item 1F - Page 25

CONTRACT SERVICES AGREEMENT

COLLECTION, TRANSPORTATION, DISPOSAL AND/OR

DESTRUCTION OF WASTE MATERIALS
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on ~,..J,e,r ·i, 20.19'by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Alpha Petroleum Transport, Inc. II, a California Corporation, ("Contractorn). City and Contractor are individually referred to as "Party" and are collectively referred to as the ~•Parties".

RECITALS
A. Cjty requires the services of Alpha Petroleum Transport, Inc. II for the collection, transportation, disposal and or destruction of waste materials ("Project").

B. Contractor has submitted to City a proposal to provide for the collection, transportation, disposal and or destruction of waste materials to City under the terms of this Agreement.

C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Contractor to provide such contract services.

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. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work"), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class wo\~ and contract services and that Contractor is experienced in performing the Work contemplated and, in light of such status and experience, Contractor covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent-with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "8" and "C", respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on Revised: 5/1/20)
5557S.18165\32899992.2
Item 1F - Page 26 the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be •• determined in the following order of priority: (1 51) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the City's Request for Proposal (Exhibit '~B"); (3rd) the terms of this Agreement; and, (4th) the provisions of the Contractor's Proposal (Exhibit ''C").

1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained aJJ licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement.

Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the tenn of this Agreement, any license, pennit, qualification, or approval that is legally ------re_q_utrecl for Contractor to perform tile Work: and Services under tn1s Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

1.S Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and ( c) fully understands the facilities, difficulties, and restrictions attending perfonnance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the _______________ Agreement to furnish continuous protection to the Work and the ~9~~pment, materi~~_d>~p~!:5, do_c_u_m_e_n_ts_, ___ _ plans, studies, and/or other components to prevent losses or damages. Contractor shaJI be responsible for all such damages, to persons or prope~y, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1. 7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence· to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Service,. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Re~sed: 5/1/2°2
55575. I 8165\32899992.2
Item 1F - Page 27
Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. lt is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of the unit costs set forth in Exhibit "D" for the first three years of the contract ("Maximum Contract Amount"), except as may be provided under Section 1.8. The total amount of Compensation is estimated at $134,913.45 for 3 years and shall not exceed the amount budgeted each fiscal year for this expense as approved by City Council. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled. to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement.

If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of ........
···-
............ " ..... Compensation (Exhibit '~D'.'), in any.month in.which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shaJI be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five ( 45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed SSS15. 18165\32899992.2
Revised: 5/1/203
Item 1F - Page 28 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.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

J. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. _
Contractor shall rosecute re~J~!Y and dilig~_!!!lY_!~~-Work of this A~~eme.~! according to the a~-~~,,_, ____ _ upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 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.

3.2 Schedule of Performance~ Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period( s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. 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: (I) 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 perfonning 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. 55575.18165\32899992 2
Revised~ 5/1/204
Item 1F - Page 29

3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three (3) years with two (2) one year optional extensions from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties.

3.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to 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. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Douglas L. Parker, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
- 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). 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.

4.J Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval.

In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create 5S515 1816S\328999922
Revised: 5/1/205
Item 1F - Page 30 any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.

4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.

A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the perfoooance . of Services under this Agreement. City shall not be liable for comjiensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of perfonning Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.

4.S California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections I 720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performan~e of other 5S57S. 1816S\32899992 2
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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 SI 5,000 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 hannless 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 payrolJ records (Labor Code Sections 177 1.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debannent of contractors and subcontractors (Labor Code Section 1777. I).

B. If the Services are being performed as part of an applicable "public works" or nmaintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for constructi~n,"~teration, demolition, instaHation, .Q.r.~P~!!,.!D~l!J~ursuant to Labor Code Sections,._1_72_5_._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 oflndustrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees.

In the event the City Manager determines that the Work or Services to be perfonned under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors ...... and omissions) insurance, all insurance provided under this Agreement shall be on a~ occurrence basis.

The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
( 1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Revised: 5/1/20,
S5S15 I 8165\32899992.2
Item 1F - Page 32 Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the pot icy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended utail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence,, basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement fonn.

C. Commercial General Liability lnsurance. Contractor shall obtain and maintain, in fuJJ force and effect throughout the tenn of this Agreement, a policy of commerciaJ general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.
-· -- -~---.--- - o ~--- ----·--·-eusiness Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the tenn of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the tenn of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

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5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $1 O!t0()0, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$ I 0,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:

A. For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance. maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of.insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

F. Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

S5S15 l8165\32899992.2
Revised: 5/1/209
Item 1F - Page 34 G. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

H. Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten ( 10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

K. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible.

S.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating ofB++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances;-----

5.S Verification of Coverage. Contractor shall furnish City with both certificates ofinsurance 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 S5575 18165\32899992.2
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Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ('as respects City of Palm Springs Contract No._ " or ''for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have ... " (" as respects City of Palm Springs Contract No._ " or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date lhereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any.kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers' Compensation and Employer~'- 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.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent pennitted 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, cJaims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims',, including but not limited to Claims arising from injuries to or death of persons ------(Contractor's emp!C?Y.ees included), for damag~ .. !2_.P_LC?P~!!Y, including.P.!QP~~ owned by_J~!~y, __ JQ!:JIDY, _____ _ 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 initemnification 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.
55575 l 8 l 65\32899992 2
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Item 1F - Page 36 6.2 Design Contract §en,ices Indemnification and Reimbursement. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a udesign 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 fulJy 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.

7. REPORTS AND RECORDS

7.1 Accounting 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 shaB be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the perfonnance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the perfonnance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of • the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. ~ontra~!Qr sh~Ittiave _no clai9! !,()! fm1}!e,r ~mployll}e_!'tor ~ddi!_ion~I £.2.!l!Pen,~~ti~,!l ~~ ~ res,~lt of the_~-~~r£!se by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement.

Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.

7.4 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 5551S 1816S\32899992 2
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Item 1F - Page 37
released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the perfonnance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shaJI 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.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to perfonnance 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.

8.2 Interpretation. Jhi5 Agreement shall he coostnaed as a whole accogling tp its fair Jpng111ge and SPWWPP weaning tg ,shie:ve the ohipc;ttves and purpMes of the Parties, The tenns 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 hea~in~ of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Contractor is in default in the ....
--- perfonnance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten ( 10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5.

B. If termination is due to the failure of the Contractor to fulfill its obligations under 5SS7S. I 8165\32899992.2
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Item 1F - Page 38 this Agreemen~ City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set"0ff or partial payment of the amounts owed the City as previously. stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement ofa waiver is sought.

Any waiver by the Parties of any default or breach of any covenant, condition, or tenn contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the tenns of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.S Rights and Remedies Cumalative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 7 Attorney Fees. In the event any dispute between the 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.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1--- ---- Non-liability of City Otlicen and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the tenns of this Agreement.

9.2 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 tenn 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.

9.3 Covenant Against Discrimination. In connection with its performance under this Revised: 5/1/2014
5551S 18165\32899992,2
Item 1F - Page 39
Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis").

Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. To the fullest extent pennissible under law~ and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the perfonnance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: ( 1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Contractor shall have sole control of the defense of any such claim or suit and all ~go_!Jations f!)f sett~ment in Jhe e~ent City fails to ~~perate in the _defense of any s~jt ~r ~l~~m, .. P..!~Yi~~~! however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.

All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the 55575, 18165\32899992 2
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Item 1F - Page 40 earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confinned within forty-eight (48) hours by letter mailed or delivered. Other fonns of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Contractor:

City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Alpha Petroleum Transport, Inc. II
22740 Temescal Canyon Road
Corona, CA 92883
Attention: Douglas L. Parker, President
Telephone: 951-545• 7374
Facsimile: 951-905-1440
---

10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its inyalid~ty deprives either P.~Y ?f the basic benefit of their ___ bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained 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.

I 0. 7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as 55575.18165\32899992.2
Revised; 511/20 J 6
Item 1F - Page 41
though fufly set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is fonnally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
(SIGNATURES ON NEXT PAGE)
55515 .18 I 65\32899992,2
Revised: 5/1/20 l 7
Item 1F - Page 42 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALPHA PETROLEUM TRANSPORT, INC. II IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITYM
City of Palm Springs
~~
APPROVED AS TO FORM:

By: c;)?Z!fa?'
Jeffrey S. Ballinger
City Attorney
APPROVED BY CITY COUNCIL:

Date: lo-1 .. f.D Agreement No. -A g 3 71
City Manager
City Clerk
APPROVED BY CrtY COUNCIL
f.137t/ f~-ZD
Corporations require two notari2.ed signatures. One signature onw be from Chainnan of Board, President. or any Vice President. The second signature nnw be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

CONTRACTOR NAME:

Alpha Petroleum Transport, Inc. II
Address PO Box 77536
Corona, CA 92877
Check one: __ Individual _ Partnersh_ip JL Corpo_~~tQ.I! .

By tlrfJlc& 4-1~.

Signature (Notarized) ~ • Signature (Notarized)
ma 1s16S\32899992.2
Revised: 511120) 8
Item 1F - Page 43

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy. or
validity of that document.

State of Califot! , .-/
County of i VCA"'"~,
On //-2--9'-::2.s?OO beforeme, ,&:_4-z~L, /if:ct!:_~
, . . / (insert name and title of the officer)
personally appeared • • 4- ?-• .('£ L.
who proved to me on the basissatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________ _
f ..
0 AL~D;;; ;;.;:
0 f ; ; Notary Public • Callfornf~
• - Riverside County I Commission# 2311841 ..
" My Comm. Expires Nov 8, 2023
(Seal)
Item 1F - Page 44
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ALEXANDER LPAAKER
: Mowy Publtc • CIHfornla I I Rlverstct. County •
Commission I 2311841 t My Comm. Ex=ts "°:_ 8, 2023 t
,.,_,. NolatySMIAm•
I~ under PENAL 1Y OF PERJURY under the laW8
al the 8bd8 of Cefifcrnla that the fanlgai~ p811lgl'8Ph iatruealdGGr'NCt.

Wl1NE8S my hand and afficilll .....
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Though1lrla aec6iofl la oplioml, ~ NI idomtdon can d9t8t tdterallon of Iha documMt or ~~otllabm toanu11f,.aand8ddixunent.

Deacliplian of Attaclled Document
Title ar Type of~ __________ Oaicum.lt Date: ______ _
Number of p..,_: --- Slgnar(~ other,...,. Named Above: ---------- CapacilJ(iNJ Qaimad by SignlN(e)
Signer's Name:__________ SignW'a Name: _________ _
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_Signarla Repaeantina: .. _Si~_,11:t f.t!pi1w~ _______ _ .<u.o ...... :x.a.u.ca:.v:;o.;ceec :azaaucucc cc eco. o. ::::.:t.ec.0t.o:.occeocooeocouc:u==wcssaoc ec ocv>o.-. :.aA O'.Zo14 Ndonal Nulary Aalociaticn • mJWiu...,_y.cq • 1-a:D-US N)TAR'f (1-I00-87«M.1827) ltam t5807 19 Item 1F - Page 45
EXHIBIT "A"

SCOPE OF SERVICES
PURPOSE, SCOPE OF WORK, AND SPECIAL CONDITIONS:

Purpose: The purpose of this Invitation to Bid (IFB) is to solicit bids from qualified and properly licensed contractor to perform collection, transportation, disposal and/or destruction of waste materials at various locations at the City of Palm Springs. The Contractor shall possess all of the following current and valid licenses, registrations and permits in the State of California at time of submitting bid:

CHP - Hazardous Materials Transportation License
DTSC - Hazardous Waste Transporter Registration with Consolidated Transporter Notification DOT PHMSA - Hazardous Materials Certificate of Registration EPA ID Number
DMV - Non-Expiring Motor Carrier Permit
Current and valid copies of ALL of the above are required of all bidders with submission of bids, and shall be maintained by the awarded contractor during the entire term of the agreement. Failure to submit the above required copies with a bid will deem the bid as non-responsive.

Background: The following City locations require collection of waste materials as follows: Palm Springs City Yard, (Facilities Maintenance and Fleet Operations), one Cogeneration plant. and the Palm Springs International Airport.

1. Scope of Work: The Contractor shall provide all services, including all supervision, labor, equipment, materials and all other resources necessary for the proper collection, transportation, disposal and/or destruction from the aforementioned facilities. Also, the Contractor shall act as the General Contractor, sub-contracting with other properly licensed trade contractors as required to complete project. Services which are expected to be performed under this contract include, but are not limited to:

Response to spills, accidents or discoveries involving regulated materials.

Identification and characterization of materials through sampling, SOS search and revie
_w,_ an_d(or_generator _knowledge. This work WOIJld incl1.1de pr:_oper_ sampli119 protocol, documentation, chain-of-custody and submission to an accredited laboratory for analysis.

Collection, inventory and containerization/lab packing of assorted materials.

Labeling/placarding and manifesting material for shipment.

Arranging proper disposal or recycling of material at an approved facility.

Transporting material 1 or arranging transport of material via a licensed and bonded hauler. Hazardous waste haulers shall have an EPA transporter identification number.

Delivery of material for disposal or recycling at a facility which has been audited by the City or otherwise approved. The Contractor may be asked to perform an environmental audit on behalf of the City, or assist the City in an audit of a proposed disposal facility.

Recycling of spent or waste materials.

Tracking the shipment and disposal of materials.

Preparation of reports and project close-out packets, including disposal and destruction documentation.

Preparation of forms and reporf'1required to be submitted to regulatory agencies. All Item 1F - Page 46 forms and reports shall be submitted to the City for review and approval. The City will forward these materials to the applicable regulatory agency. The Contractor shall not forward any material directly to a regulatory agency without prior City approval. L. Providing technical guidance to the City on waste management issues. M. Proposing alternate process and/or waste management methods to facilitate waste minimization where appropriate.

N. Services shall include furnishing all labor, equipment, materials, sampling, analytical manifests, land disposal restriction forms, documentation, containerization, labeling/placarding, transportation and disposal and/or recycling of regulated materials.

0. Replacement of, like for like, all containers (drums, barrels, etc.) used to store and transport all hazardous materials. Vendor is to provide pricing to include replacement of new containers.

Locations: The following locations will have waste materials to be collected. Materials to be collected will include, but are not limited to:

Palm Springs International Airport, 3400 East Tahquitz Canyon Way: Liquids and solids contained in separators connected to the apron draining system for the Airport; 55 gallon barrels containing waste runway crumb rubber and foreign object debris; waste paint; light bulbs; batteries; and misc. solvents.

Fleet Operations, City of Palm Springs, 459 North Civic Drive: Liquids and solids contained in oil/water separators/clarifiers located behind and inside Fleet Operations bui1ding; waste oil contained in 250 gallon tank located at Fleet Operations building; waste antifreeze/coolant contained in 150 gallon tank at Fleet Operations building; waste parts cleaning solvent contained in two fifteen gallon tanks located inside the Fleet Operations building; waste oil filters contained in 55 gallon drums located at Fleet Operations building:

Cogeneration Plant, City of Palm Springs, 205 North El Cielo Drive: Waste oil filters, waste oil.

Palm Springs City Yard, 425 North Civic Drive: Materials contained at the City's Hazardous Material Yard may include waste paint, paint water, light bulbs, ballasts, batteries, HHW, sharps, waste oil, solvents.

Each time that waste oil barrels are collected, Contractor shall service the surrounding secondary containment, including, but not limited to, collection of any materials contained therein.

On an As Needed Basis:-When the City identifies a waste that warrants removal, -the City's Contract Officer will contact Contractor to investigate the nature of the waste and provide to the Contract Officer a quotation for the necessary collection, transportation, disposal and/or destruction of the material.

Contractor shall not engage in any work until a scope of services and related compensation is reviewed and approved in writing by the City's Contract Officer. Profiling of materials and estimate to be performed at no cost to the City of Palm Springs.

2. Contract Manager(s): The Contract will be pertormed under the direction and supervision of Contract Managers for their respective City facility locations. Any reference to the Contract Manager in the contract shall mean the respective and appropriate Contract Manager or his designated representative.

SPECIAL CONDITIONS:

1. Proiect Coordinator: The Contractof\MII be required to assign a Project Coordinator to the Item 1F - Page 47
Contract. This individual represents and has full authority to act for the Contractor and shall be the City's key conta·ct throughout the duration of the Contract. A space is pr<>vided on the Information Required of Bidder page for the Project Coordinator to be named with a telephone number for contact with the respective Contract Manager(s).

Bidder Qualifications: All waste management activities shall be performed in accordance with local, state and federal regulations. The Contractor shall possess all of the following current and valid licenses, registrations and permits in the State of California at time of submitting bid:

CHP - Hazardous Materials Transportation License
DTSC - Hazardous Waste Transporter Registration with Consolidated Transporter Notification DOT PHMSA - Hazardous Materials Certificate of Registration EPA ID - Number
OMV - Non-Expiring Motor Carrier Permit
Current and valid copies of ALL of the above are required of all bidders with submission of bids, and shall be maintained by the awarded contractor during the entire term of the agreement. Failure to submit the above required copies with a bid will deem the bid as non-responsive.

This Bid is intended for "all purpose" waste handling companies. "All-purpose" means the company is capable of handling a wide variety of hazardous and non-hazardous wastes, from possible characterization through proper disposal or recycling. This Bid is not meant for companies which would serve as subcontractors to the all-purpose companies, or companies specializing in particular waste streams.

The Contractor shall obtain appropriate approval as necessary from a disposal facility and the applicable regulatory authority for the acceptance of a waste shipment. The Contractor shall be responsible for manifest completion, tracking and reporting.

The Contractor shall obtain Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2.000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 22 Item 1F - Page 48 EXHIBIT "8" CITY'S REQUEST FOR PROPOSALS INVITATION FOR BID IFB 21..02 COLLECTIONt TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE MATERIALS BID DUE DATE: THUR$DAY, SEPTEMBER 17, 2020- 3:00 P.M.

TABLE OF CONTENTS:

THIS INVITATION FOR BID CONSlSTS OF THE FOLLOWING: PAGE TABLE OF CONTENTS•••••••••••••·•••••••••••••"•••••••• .... •••,,••••·•.,•••••••• .. •••••u; ........... a .• ,,.,u••••·•••••••u••••• 1 NOTICE INVITING BIDS ••• .. •• .. •••••• .. •u••• .. •• .. •••• .. ••••• .. ••••••·• .. •·•••••••·,.•""'•••• .... • .. •• .. •• .. · .. tH"•H••"••t" 2•3 BIDDER'S CHECK LIST ......................... ~ .... , ............ HH•• .. ·•· ............... , .......... .,, ............................... 4 TERMS AND CONDITIONS ... ,. ..................................................................................................... 5-9 PURPOSE, SCOPE OF WORK & SPEClAL CONDITIONS ............... ,. ....... ,, ...................... 10-13 ATTACHMENT kA• PAGE 14 MU§I~ §IGNf:Q ............... H,. ................................................... 14 ATTACHMENT •B1' CONFLICT OF INTEREST & NON•DISCRIMINATION CERTIFICATION PAGE 1§ MUST BE SIGNED ........................................................ m,. ............................... 15 ATTACHMENT #Cit PUBLIC INTEGRITY DISCLOSURE FORM
PAGE 19 MUST BE SIGNED ..................................................................................... 16-20 BID PROPOSAL PAGE1 f?AGE 23 MUST BE SIGNED ...................................... ,. .................... 23 EXHIBIT "'.A• -REFERENCES ..................................................................................................... 24 EXHIBIT 11B" -AFFIDAVIT OF NON-COLLUSION, PAGE 25 MUSI BE NOTARIZED ............. 25 BIDDERS GENERAL INFORMATION ................................................................... •H ...... ,, ••• 26-27 BID BOND FORM - ................................... ,,, ....... ., ............................... ,. .................................... 28 WORKERS COMPENSATION CERTIFICATE - ........... , ........................................................... 29 SUMMAR·y OF INSURANCE- ... , ... ; ........ ~ ............................................................................ 30-32 SAMPLE CONTRACT SERVICES AGREEMENT-............................................................. 33-56 NO RESPONSIBILITY WILL ATTACH TO ANY OFF1CER FOR THE PREMATURE OPENING OF OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED.

STREET ADDRESS;
City of Palm Springs Procurement & Contracting
3200 E. Tahquitz canyon Way
Palm Springs, CA 92262
23 Item 1F - Page 49

NOTICE INVITING BIDS
IFB 21-02

PROVIDE COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION

OF WASTE MATERIALS
BID DUE DATE: THURSDAY, SEPTEMBER 17,_2020-3:00 P.M.

NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified contractors for:

Collection, Transportation, Disposal and/or Destruction of Waste Materials The purpose of this Invitation to Bid (IFB) is to solicit bids from qualified and properly licensed contractor to perform collection, transportation, disposal and/or destruction of waste materials at various locations for the City of Palm Springs. The Contractor shall possess all of the following current and valid licenses, registrations and permits in the State of California at time of submitting bid:

CHP - Hazardous Materials Transportation License
DTSC - Hazardous Waste Transporter Registration with Consolidated Transporter Notification DOT PHMSA - Hazardous Materials Certificate of Registration EPA ID - Number
OMV - Non-Expiring Motor Carrier Permit
Current and valid copies of ALL of the above are required of all bidders with submission of bids, and shall be maintained by the awarded contractor during the entire term of the agreement. Failure to submit the above required copies with a bid will deem the bid as non-responsive.

The City of Palm Springs is a Charter City and subject to prevailing wage for projects estimated at $15,000.00 and above for this type of project.

Bids will be received until Thursday, September 17. 2020 at 3:00 P.M., local time at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered or mailed to the address above.
• ----------BID SECURITY: Each Bid must be-accompanied by cashl a certified or cashier's check or Bidder's bond on ···---- •• the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Work is awarded fail to furnish the required proof of insurance and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements.

The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid.

The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the 24 Item 1F - Page 50 Bidder unopened. AVAILABILITY OF DOCUMENTS: Bid Documents and Specifications may be obtained from the Procurement Office by calling (760) 322-8374 or via the Internet at the following address: http:/Jwww.palmspringsca.gov click on "Government", 11Departments" and go to !(Procurement", "Open Bids".

NOTE: If you downloaded this bid via the internet at the address above, contact Leigh Gileno, Procurement & Contracting Manager via email at [email protected] to be placed on the bidders list for this specific proiect and provide your company name, contact person, contact email address, office address, office phone and alternate phone (mobile). Failure to be placed on the bidders list as stated above may result in not receiving addenda to the IFB. *Note - Being placed on the vendor list for this specific project is a separate process and not the same as registering online in our general vendor database.

Leigh Gileno
Procurement & Contracting Manager, Acting
August 18, 2020
25 Item 1F - Page 51
INSTRUCTIONS IP BIDDER:

GENERAL:

INVITATION FOR BIDS (IFB 19-01)

BIDDER'S CHECK LIST
Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation for Bid, only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after Bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE.
11 REQUIRED DOCUMENTS FOR BID:

Bids MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid.

NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED .
.JL. Attachment "A11 Signature Authorization Page, Page 14 must be signed . .JL. Attachment "B" Conflict of Interest & Non-Discrimination Certification, Page 15 must be signed.

Attachment "C" Public Integrity Disclosure Applicant Disclosure Form, Page 19 must be signed .
.JL. Bid Proposal page 23, must be manually signed .
.JL. Erasures or other changes made to the Bid Proposal Pages must be initialed by the person signing the Bid.
_o_ References form, page 24, must be completed .
.JL. Affidavit of Non-collusion by Contractor form, page 25, must be manually signed and countersigned by a Notary Public.
_o_ All Addenda issued shall be acknowledged in the space provided on Attachment u A". page .14 .. -failure to acknowledge all Addenda may render.your Bid .. non-responsive .... ---------------.................. .. ___L Deviations from Specifications: It is understood that the product offered by the Bidder will meet all requirements of the Specifications in this Invitation for Bids, unless deviations there from are clearly indicated in an attachment headed "Deviations from Specifications" submitted and signed by the Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which a deviation is indicated, giving in detail the extent of, and reason for, the deviation. The City shall determine if a deviation is acceptable or not.
.JL. Bidder shall submit with their bid full descriptive data, including product specifications, general drawings (if applicable), brochures, and any other information on the material proposed in this Invitation and as requested in the detailed Specifications. 26 Item 1F - Page 52 CITY OF PALM SPRINGS IFB 21-02 COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE MATERIALS JERI$ ANp QQNDIJIQf:1S

1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidderl Bid titlel Bid number, time and date of opening.

2. Bids submitted may be withdrawn by written request received before the hour set for the opening.

After that time. Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no time after award of Bid.

3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder or to reject all bidsl as it may best serve the interests of the City. Furthermore, the City reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily.

4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bidl as it may best serve the interests of the City. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations in the bid documents and to complete the Work contemplated therein.

5. The decision of the Palm Springs City Council, or their designee if applicable. will be final. It is anticipated that City Council. or designee if applicable I will award the bid at their regularly scheduled meeting following the closing date for receipt of bids.

6. Bidder's signed bid and written acceptance by the City (purchase order) shall constitute an agreement.

7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the pages which make up this Invitation For Bid.

8. The price quoted by the Bidder in his/her bid shall include any and all applicable sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress.

9. Bidders may submitmilx ONE (1) bid in response to this IFB. You many NOT submit multiple bids.

10. When discrepancies occur between unit prices and extended amounts the unit prices shall govern.

11. Bidder·wm be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public.
27 Item 1F - Page 53

12. QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf are specifically directed ,W2I to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this IFS other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a Bid. No questions shall be answered via an addendum until after the walk through.

At£! questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted 1tl WRITING and diregtad AHbY tg;
Leigh Gileno - Procurement & Contracting Manager, Acting Procurement & Contracting Dept.
3200 E. Tahquitz Canyon Way, Palm Springs CA 92263
Or E-mailed to: [email protected]
Or Faxed to: (760) 323-8238
Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB. Tbe deadline for an questions Is 3:oop,M,, Local Time, Wednesday, September 9. 2020, Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

PLEASE NAJE THAT PALM SPRINGS CITY HALL 1$ CLQSEQ EYEBY fBIQAY ANQ JHERl;fOBE 13 NOT ABLE IQ ACCEPL TIME QB QAIE §JAMP ANY SUBMIJTALSIBlps AN fBIQAY§ fQB WEEKENQ§), PL,1:,ASE TAKE THI$ INTO CONSIQERAD9N WHEN DELIVERING A syeM1rrALie·10 BY THE QUE QAJE ANQ TIME AS QEflNEP IN THIS QQCUMENJ,

13. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a Notice of Award letter and/or Purchase Order will be issued to the successful Bidder. The successful Bidder shall provide all Certificates of Insurance, Bonds, if required, within fourteen (14) calendar days.

14. Business License: The successful bidder will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through

3.96, entitled "Business Taxn.

15. The Bidder agrees that the City has the right to make the final determination as to whether -
..
-
_ ... the .. materials has been satisfactorily delivered, .. installed and. meets the acceptance .. criteria as defined in the Bid documents.

16. Performance: Time is of the essence in the performance of the work. Performance schedule may be a factor in award of bid and may be cause for rejection. as determined by the City.

17. Termination for Default The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress. fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price, If, after notice of termination of this contract under the provisions of this clause, it's determined for any reason th~U,e Contractor was not in default under the provisions Item 1F - Page 54 of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any ot.her rights and remedies provided by law or under resulting order. 18. Termination for Convenience: The City may, by written notice stating the extent and effective date terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.

19. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance.

20. Affidavit of Non-Collusion and References: Bidders are required to file an Affidavit of Non- Collusion with their Bid. This shall be signed and sworn before a Notary Public with a commission in the State of California. Bidders are also required to provide References. The forms are included in the Bid package as "Exhibits A and B".

21. Bidder Responsibility: The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily.

22. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California.

23. Bid Bond: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Pa1m Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value of lump sum total).

Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements.

24. Performance Bond and Insurance: WAIVED Tt:le suooesaf:ul Qidder shall fyrnish. withiA .. 14 6alendar daye after Netiee ef ."v.wrd, a Flerformanoe 8ond iA the sum ef tl=le ameunt ef the Agreement. Tl=le suoeoeefYI 8idder shall maintain the ¥alidily aAEI enf.eFGemont of said benEi for the EluraUon ef tl:lo Contr-aot. Aleo, the eueoessful Bidder sl=lall ~rnish witl=lin 14 saleRElar days af.ter ~lotioo ef AwaFEI oor:tif.ioates of lneuranoe as per tl=le instr1;16tions Gentained f:ter:ein.

25. Payment Bond: Payment/Labor and Materials Bond: WAIVED The suseeeeful Qiddor shall IYmish tt,tithin 14 oalendar Elays after ~Jetioe of .<\t.tlard, a f!ayR=lenl#Laeer anEI Materials 8onel in tl=le sum 8f the amount of the .<\gFOoment. The &1:Joeessful Qidder ehall fflaintain the valiElity and enfoF68ment ef said benel for the dwraUon ef tl=le Centraot.

26. Local Preference: Pursuant to the City of Palm Springs Local Preference Ordinance 1756, the term alocal Business11 is defined as a vendor, contractor. or Consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or bid opening date, from which the vendor, contractor, or consultant operates or performs 29 Item 1F - Page 55
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

In the bidding of. or letting for procurement of, supplies, materials, and equipment, as provided in Ordinance No. 1756, the City may give a preference to Local Businesses in making such purchase or awarding such contract in an amount not to exceed five (5%) percent of the Local Business' total bid price, or $15,000, whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the Solicitation. In order for a Local Business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see cost proposal pages) and provide a copy of its current business license from a jurisdiction in the Coachella Valley.

27. Payment Terms -The standard terms at the City of Palm Springs are Net 30 days.

28. It is understood that the services offered by the Bidder will meet all requirements of the specifications in this Invitation unless deviations therefrom are clearly indicated in an attachment titled "Exceptions to Specifications .. submitted and signed by Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. The City of Palm Springs will be the sole judge as to whether any deviations or exceptions will be approved or accepted.

29. Non-Discrimination Certification: 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 identity1 gender expression, physical or mental disability, or medical condition (each a 11 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 activity1 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 ---~-ccfmpens"ation·:-aricl ·selectiorf for training, includintra·pJ5ret,ticeship; and further, that Contractor -·-·---- is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on.

30. Other Public Agency upiggyback Clause": It is intended that any other public agency, at the mutual consent of both parties and consistent with the public agency's policies and procedures, 30 Item 1F - Page 56 be permitted to purchase under the terms submitted in response to this procurement. Any participating agency shall take sole responsibility for the placing of orders, arranging for delivery and or services, and making payments to the vendor, contractor, or consultant. The City of Palm Springs will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with the participation by other public agencies. 31 Item 1F - Page 57
CITY OF PALM SPRINGS IFB 21-02

COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE MATERIALS PURPOSE, SCOPE OF WORK, AND SPECIAL CONDITIONS:

CHP - Hazardous Materials Transportation License
DTSC - Hazardous Waste Transporter Registration with Consolidated Transporter Notification DOT PHMSA - Hazardous Materials Certificate of Registration EPA ID Number
OMV - Non-Expiring Motor Carrier Permit
Current and valid copies of ALL of the above are required of all bidders with submission of bids, and shall be maintained by the awarded contractor during the entire term of the agreement. Failure to submit the above required copies with a bid will deem the bid as non-responsive.

3. Scope of Work: The Contractor shall provide all services, including all supervision, labor, equipment. materials and all other resources necessary for the proper collection, transportation, disposal and/or. destruction from the aforementioned facilities. Also, the Contractor shall act as the General Contractor, sub-contracting with other properly licensed trade contractors as required to complete project. Services which are expected to be performed under this contract include, but are not limited to:

P. Response to spills, accidents or discoveries involving regulated materials. -------a . - ·--Identification and characterization of materials through sampling, -SOS search and -- review, and/or generator knowledge. This work would include proper sampling protocol, documentation, chain-of-custody and submission to an accredited laboratory for analysis.

R. Collection, inventory and containerization/lab packing of assorted materials.

S. Labeling/placarding and manifesting material for shipment.

T. Arranging proper disposal or recycling of material at an approved facility.

U. Transporting material, or arranging transport of material via a licensed and bonded hauler. Hazardous waste haulers shall have an EPA transporter identification number.

V. Delivery of material for disposal or recycling at a facility which has been audited by the City or otherwise approved. The Contractor may be asked to perform an environmental audit on behalf of the City, or assist the City in an audit of a proposed disposal facility.

W. Recycling of spent or waste materials.

X. Tracking the shipment and disposal of materials.

Y. Preparation of reports and project close-out packets, including disposal and destruction 32 Item 1F - Page 58 documentation. Z. Preparation of forms and reports required to be submitted to regulatory agencies. All forms and reports shall be submitted to the City for review and approval. The City will forward these materials to the applicable regulatory agency. The Contractor shall not forward any material directly to a regulatory agency without prior City approval.

AA. Providing technical guidance to the City on waste management issues.

BB. Proposing alternate process and/or waste management methods to facilitate waste minimization where appropriate.

CC. Services shall include furnishing all labor. equipment. materials, samp1ing, analytical manifests, land disposal restriction forms, documentation, containerization. labeling/placarding, transportation and disposal and/or recycling of regulated materials.

DD. Replacement of, like for like, all containers (drums, barrels, etc.) used to store and transport all hazardous materials. Vendor is to provide pricing to include replacement of new containers.

Locations: The following locations will have waste materials to be collected. Materials to be collected will include, but are not limited to:

Fleet Operations, City of Palm Springs, 459 North Civic Drive: Liquids and solids contained in oil/water separators/clarifiers located behind and inside Fleet Operations building; waste oil contained in 250 gallon tank located at Fleet Operations building; waste antifreeze/coolant contained in 150 gallon tank at Fleet Operations building; waste parts cleaning solvent contained in two fifteen gallon tanks located inside the Fleet Operations building; waste oil filters contained in 55 gallon drums located at Fleet Operations building;
Cogeneration Plant, City of Palm Springs, 205 North El Cielo Drive: Waste oil filters, waste oil.

Each time that waste oil barrels are collected, Contractor shall service the surrounding secondary containment, including, but not limited to, collection of any materials contained therein.

On an As Needed Basis: When the City identifies a waste that warrants removal, the City's Contract Officer will contact Contractor to investigate the nature of the waste and provide to the Contract Officer a quotation for the necessary collection, transportation, disposal and/or destruction of the material.

4. Contract Manager(s): The Contract will be performed under the direction and supervision of Contract Managers for their respective City facility locations. Any reference to the Contract Manager in the contract shall mean the respective and appropriate Contract Manager or his designated representative.
33 Item 1F - Page 59
SPECIAL CONDITIONS:

2. Proiect Coordinator: The Contractor will be required to assign a Project Coordinator to the Contract.

This individual represents and has full authority to act for the Contractor and shall be the City's key contact throughout the duration of the Contract. A space is provided on the Information Required of Bidder page for the Project Coordinator to be named with a telephone number for contact with the respective Contract Manager(s).

Bidder Qualifications: All waste management activities shall be performed in accordance with local, state and federal regulations. The Contractor shall possess all of the following currerit and valid licenses, registrations and permits in the State of California at time of submitting bid:

CHP- Hazardous Materials Transportation License
DTSC - Hazardous Waste Transporter Registration with Consolidated Transporter Notification DOT PHMSA - Hazardous Materials Certificate of Registration EPA ID - Number
OMV - Non-Expiring Motor Carrier Permit
Current and valid copies of ALL of the above are required of all bidders with submission of bids, and shall be maintained by the awarded contractor during the entire term of the agreement. Failure to submit the above required copies with a bid will deem the bid as non-responsive.

3. Tenn Of Contract: The term of this Contract will be for (3) three years from date of award, with two .. (2) one ( 1) year renewal options .. upon mutual consent of the Contract Administrator.. and Jhe __ ...... . ........ .

Contractor.

Option to Renew: At the sole discretion of the City, the Contract may be renewed for two additional years or any portion thereof. If the City exercises its option to extend, the unit prices shall be adjusted (decreased or increased) at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Los Angeles, Anaheim and Riverside Areas.

Contract Services Agreement: The successful bidder will be required to sign a Contract Services Agreement in a form acceptable to the City. A sample of such an Agreement is attached as an Exhibit 11A" herein.
34 Item 1F - Page 60 C. Schedule of Work - The Contractor shall furnish to the City Representative a detailed work schedule showing how the Contractor will accomplish the contract requirements. This work schedule shall indicate the number of personnel, tasks to be performed by each person and the amount of time necessary to accomplish the work. The schedule shall be kept throughout the duration of the contract, and shall be modified and re-submitted to the City Representative as required. Any work to be performed not conforming to this schedule shall be approved by the City Representative prior to such occurrence.

D. Adjustment of Services - The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

6. Pricing: Pricing quoted in this Bid shall be firm for the first three-year term of the resulting Contract.

7. Payment: For all services which the Contractor is obligated to perform under the Contract, the City shall pay to the Contractor per the quote provided by Contractor and set out in Exhibit "D" of the Contract Services Agreement.
35 Item 1F - Page 61
ATTACHMENT "A"
IFB 21-02 COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE

MATERIALS
*NQTJ;; THIS EABY NYSJ BE CQMPLEJEQ ANQ IHCLUQEQ Wfil:l YAYRBIQ*

SIGNATURE AUTHORIZATION
NAME OF COMPANY (BIDDER): ______________ _
BUSINESS ADDRESS: ______________________ _
TELEPHONE: _______ CELL PHONE: ________ FAX: __ _
CONTACT PERSON: EMAIL ADDRESS: _________ _
A I hereby certify that I have the authority to submit this Bid to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Bid.

PRINTED NAME AND TITLE

SIGNATURE AND DATE
B. The following information relates to the legal Bidder listed above, whether an individual or a company. Place check marks as appropr~ate:

1. If successful, the contract language should refer to me/my company as:
__
An individual;
__
A partnership, Partners' names: _____________ _
__
A company;
__
A corporation If a corporation, organized in the state of: _____ _ My tax identification number is: _______________ _
------
.. Please check below.lF--your firm qualifies as a Local Business as defined in theJF.B: ______ _ __
A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document.

ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive.

In the space provided below, please acknowledge receipt of each Addendum:

Addendum(s) # _ls/are hereby acknowledged.

LATE BIDS WILL NOT BE ACCEPTED - NO EXCEPTIONS!
36 Item 1F - Page 62 IFB 21-02 ATTACHMENT "B"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Bidder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Bidder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Bidder warrants that Bidder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

Covenant Against Discrimination. In connection with its performance under this Agreement, Bidder 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'l Bidder 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, Bidder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Bidder 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 Bidder is in full compliance with the provisions of Palm Springs Municipal Code Section

7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

NAME OF BIDDER/VENDOR: ______________ _
NAME and TITLE of Authorized Representative:
(Print) _______________________ _
Signature and Date of Authorized Representative:
(Sign) ________________ (Date) _____ _
37 Item 1F - Page 63
Who Must File?
ATTACHMENT 11C11

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE -
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who Is an owner/Investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

When Must I FIie?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials. whether elected or appointed.

What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). 38 Item 1F - Page 64 B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clariffcation.
39 Item 1F - Page 65

1. 2.

3. 4.

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
D 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 Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner D Other ________ _
D Officer D Director D Member D Manager
[name]
O General Partner D Limited Partner D Other ________ _
[name]
D General Partner D Limited Partner D Other _______ _
40 Item 1F - Page 66 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.
[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 PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. 1
Signature of Disclosing Party, Printed Name, Title Date 41 Item 1F - Page 67
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are: John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers., LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers. Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
.. ·-····---~··-·· ----.. ·--··. b. Ownership: ·····---- --- -- . -·--------- i. 50%
42 Item 1F - Page 68 BID SCHEDULE/PRICING PAGES (IFB 21-02) PROVIDE COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE MATERIALS PYE; JHYB&PAY, SEPJEMBEB 17- 2020 AT 3;QQ P,M. L,QCAL JIME Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this invitation.

All prices shall be F.O.B., Palm Springs, California. Sales tax shall be shown as a separate line item at the rate of 9.25%.

Responding to an Invitation For Bids to provide for the Collection, Transportation, Disposal of Waste Materials for City facilities, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. 1/\NE PROPOSE AND AGREE 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
Approximate
Unit of Yearly Estimated Annual
Item Measure Quantity Cost
:!,, - ., "
Waste Oil Gallons 2030
Waste Antifreeze/Coolant Gallons 600
55 Gallon
Used Oil Filters Drum 6
55 Gallon
Batteries (Mix) Drum 2
4' Fluorescent LiQhts Each 1500
8' Fluorescent Lights Each 600
Lights Mix: Each 1300
CFL, LED, HID, Metal Arc
Halide, Halogen, Mercury
--- Vapor - - - ---·-....---..,,--·--· ,- ----- ---- - ......... .. ' .... ~ LI-Shaped 55 Gallon
Ballasts Drum 1
Paint, Latex Gallon 775
Paint, Oil Base Gallon 60
55 Gallon
Paint, Aerosol Drum 1
55 Gallon
Paint Water Drum 4
55 Gallon
Misc. Solvents Drum 6
Misc. Building Materials:
43 Item 1F - Page 69
55 Gallon
Eooxy, Roof Patch, etc. Drum 3
Household Hazardous 55 Gallon
Waste Drum 4
Fire Extinguishers Each 5
Propane Tanks Each 5
55 Gallon
Herbicides/Pesticides Drum 1
Pool Care Products:
55 Gallon
Chlorine, Acids, Bases Drum 1
1 Gallon
Sharps Containers 7
Liquid
Clarifiers Gallons 20,000
Solid
Clarifiers Gallons 800
55 Gallon
Runway and Apron: Drums 55
Foreign Object Debris
Rubber Crumbles
Emotv Drums 55 Gallon 100
Light Drums:

Empty 4' Cardboard
Fluorescent 4 Foot 30
Empty 8' Cardboard
Fluorescent 8 Foot 12
Empty Drums 55 Gallon 100
Total Estimated Annual Compensation$ _________ _
Estimated Annual Rate: $ ______ X 3 Years= Total Est. for 3 Years __ $______ _ Basis for Award
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:

For the initial three (3) yea_rs_otthe_~g~eement__t~_rn:t. the_UnitJ:>ricing -~hall remain _fi~e_q_! _____ f..QI ... 9PtiQO.~tye8-rs 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 51 and any associated CPI increase, are at the mutual consent of the City and the Contractor.

Delivery/Schedule for Performance: The bidder must indicate on this Bid Proposal page the time required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor in award of bid and may be cause for rejection, as determined by the City. The work and/or services to be performed by Vendor pursuant to the purchase order shall be completed by Vendor within time required for delivery indicated below, unless City approves in writing a revised delivery schedule. 44 Item 1F - Page 70 Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and install after receipt of order (ARO): ____ DAYS (ARO) *Peliyery may be a factor in award. It is understood and agreed that this bid may not be withdrawn for a period of ninety (90) days from the date of opening thereof. and at no time in the case of the Successful Bidder. (Signatures):

Name of contractor submitting bid ____________________ _ Authorized signature. _________________________ _
Printed name Title
---------------- -----------
Address _____________________________ _
City, State, Zip __________________________ _
Telephone No: _____________ F ..... a .... x ..... N .....o .... : ____________ _ E-mail ______________________________ _
45 Item 1F - Page 71
"EXHIBIT A"
B£fERENCES
The City is seeking a qualified contractor who has the experience and capability to deliver the collection transportation, disposal and/or destruction of waste materials as per the specifications contained herein.

A minimum of three (3) references shall be submitted below with the bid, including contad name and phone number, for projects of a similar scope to this Invitation for Bids. 1) Name of contractor or agency: ___________________ _
Contact Person: Phone # --------------- --------
Brief description of project:
2) Name of contractor or agency: ___________________ _
Contact Person: Phone # --------------- --------
Brief description of project:
3) Name of contractor or agency: ___________________ _
Contact Person: Phone # --------------- --------
Brief description of project:
46 Item 1F - Page 72 "EXHIBIT B" CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 21-02 PROVIDE COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION

MATERIALS

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED

AND SUBMITTED WITH BID

STATE OF CALIFORNIA)
) ss

COUNTY OF RIVERSIDE )
The undersigned, being first duly sworn, deposes and says that he or she is

OF WASTE
of _____________ _, the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, orto secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof! or the contents thereof, or divulged information or data relative thereof, or paid. and will not pay, any fee to any corporation1 partnership, company! association, organization, bid depository, or any other member or agent thereof to effectuate a collusive or sham bid.

By: _______________ _
Title: ________________ _
Subscribed and sworn to before me this ____ day of_. _______ , 20_.

FIDAVI FRM
Notary Public in and for said
County and State
47 Item 1F - Page 73

BIDDER'S GENERAL INFORMATION
INVITATION FOR BIDS NO. 21-02

PROVIDE COLLECTION, TRANSPORTATION, DISPOSAL AND /OR

WASTE MATERIALS

DESTRUCTION OF
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection.

1. BIDDER/CONTRACTOR'S Name and Street Address:

2. CONTRACTOR'S Telephone Number: ( ) __________ _
Facsimile Number: { ) ___________ _

5. CONTRACTOR'S License: Primary Classification _________ _ State License Number(s) __________________ _
Supplemental License Classifications _______________ _

4. Name and Title of person authorized to execute a contract for this company:

5. Surety Company and Agent who will provide the required Bonds on this Contract:

Name of Surety: _____________________ _
Address: ________________________ _
Surety Company _____________________ _
Telephone Numbers: Agent { ) ______ Surety (

6. Type of Contractor (Individual, Partnership or Corporation): ________ _

7. Corporation organized under the laws of the State of: __________ _

8. List the names and addresses of the principal members of the contractor or names and titles of the principal officers of the corporation or contractor:
48 Item 1F - Page 74 9. Number of years' experience as a contractor in this specific type of work: ______ _

10. List the name and title of the person who will supervise full-time the proposed work for this project:

11. Is full-time supervisor an employee ____ contract service ___ ?

12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. *WAIVED* 49 Item 1F - Page 75

CITY OF PALM SPRINGS, CALIFORNIA
IFB 21-02 COLLECTION, TRANSPORTATION, DISPOSAL AND/OR

WASTE MATERIALS

BID BOND FORM
KNOW ALL MEN BY THESE PRESENTS.

DESTRUCTION OF
That. _______________________ as principal, and
______________________ as Surety, are held and contractually bound unto The City of Palm Springs, hereinafter called the "City" in the sum of:

Dollars
(not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves. our heirs, executors. administrators, successors, and assigns. jointly and severally, contractually by these presents.

WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the bidding schedule of the City's Contract Documents entitled:

COLLECTION. TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE MATERIALS NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit. including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this _______ day of ____ _.20 ___ _
__________________ (SEAL)
_________________ (SEAL)
____________________ (SEAL) (Principal)
___________________ (SEAL) (Surety)
By: _____________________ (Signature)
(SEAL AND NOTARlAL By: __________________ _
ACKNOWLEDGMENT OF SURETY) (Signature)
50 Item 1F - Page 76 WORKER'S COMPENSATION CERTIFICATE .. (AS REQUIRED BY SECTION 1861

OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worke,..s compensation. or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

Contractor _____________ _
By ________________ _
Title ________________ _
51 Item 1F - Page 77

SUMMARY OF INSURANCE

REQUIREMENTS FOR CITY CONTRACTS
Instructions to ContractorsNendors/Service Providers:

Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below:

A Minimum Scope of Insurance Required

1. General Llablllty Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises.

2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with Califomia law requiring auto liability insurance is mandatory and cannot be waived.

3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract.

Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form.

4. Errors and Omissions coverage is required for licensed or other professional contractors doing design, architectural, engineering or other services that warrant such insurance.

B. Minimum Limits of Insurance Coverage Required
Under $25,000 Limits TBD by Risk Manager
Over $25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate Over $5 Million Limits TBD by Risk Manager
Umbrella excess liability may be used to reach the limits stated above.

C. The following general requirements apply:

1. Insurance carrier must be authorized to do business in the State of California.

2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company. ----3:,~,,~coveragEf must'include personal injury,·protective and employer liability. ---·- ----- ---

4. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy.

5. Contractor's general liability and automobile insurance coverage must be primary and noncontributory over any insurance the City may maintain, that is, any such City insurance shall be excess to limits stated in the certificate.

D. 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 (see attached) with the following endorsements stated on the certificate:
52 Item 1F - Page 78 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured' ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). 2. 11 This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement).

3. "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. See Example A below.

4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurers waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See Example B below.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy.

All certificates 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 agenVbroker 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.

E. Acceptable Alternatives to Insurance Industry Certificates of Insurance:
• A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss-payee status, when appropriate, for the City.
• Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval
53 Item 1F - Page 79
F. Endorsement Language for Insurance Certificates
Example A:

SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN QUT F'.AILURe TO MAIL SUCM ~OTICe SMALL IMPOSi NO OBLIGATION OR LIJ\,QILl1"¥ OF .«\NY KIND UF2ON TMe IN8UR~R. ITS AGE~n8 OR RePRliSENTl>.TIVliS. *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium."
"IT 1S UNDERSTOOD AND AGREED THAT THE COMPANY

WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE

ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB
OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED Example B:

HERETO."
G. Alternative Programs/Self-Insurance. Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements.

THIS SPACE INTENTIONALLY LEFT BLANK
54 Item 1F - Page 80 INVITATION FOR BID FOR COLLECTION, TRANSPORTATION, DISPOSAL AND OR DESTRUCTION OF WASTE MATERIALS (21-02) ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:

THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE

PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS ANO SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.

The City has received the following questions and Is hereby providing answers thereto:

Q 1: What is the estimated annual expenditure for this contract for all four sites? A 1: Total: $35,370.65 for all 4 site locations
Q 2: If there is no estimated expenditure; can you provide the expenditure for the previous fiscal year? A 2: Answered ln question and answer #1.

Q 3: Based on the Freedom of Information Act; who is the current vendor for the City? A 3: Hunter Consulting, Inc dba HCI Environmental & Engineering Services.

Q 4: Price List; are the ballasts Non-PCB Ballasts?
A 4: Non-PCB
Q 5: How is the latex paint packaged to equ·a1 775 gallons? A 5: Latex paint can be in their original quart jars, 1 gallon cans, 5 gallon pails or 55 gallon totes. It is up to the waste hauler to package for shipment.
a 6: Is the Oil Based Paint bulked into a drum or shipped by the gallon? A 6: Oil base paint can be In their original quart jars, 1 gallon cans or 5 gallon pails. It is up to the waste hauler to package for shipment.

Q 7: Please give us an example what is contained inside a household hazardous waste drum? A 7: Household Waste can include various types of cleaners, detergents, solvents, etc. These are mainly items picked up by our roadside crew. It is up to the waste hauler to package for shipment.
a 8: How big are the propane tanks?
A 8: Propane tanks are picked up by our roadside crew and have been as small as a one gallon tank but have the potential to possibly be larger. It is up to the waste hauler to 55 Item 1F - Page 81
package for shipment
Q 9: Is the Herbicides/Pesticides bulked into the 55 gallon drum; or is it smaller containers stored in a 55 gallon drum? Are they Toxic or Non Toxic pesticides?
A 9: Herbicides/Pesticides are picked up by our roadside crew and can be both toxic and non-toxic. These items are stored in our metal conex box and It Is up to the waste hauler to separate appropriately and package for shipment. a 10: Is the Chlorine, acids, bases small containers inside a 55 gallon or bulked? A 10: Chlorines, acids and bases are picked up by our roadside crew and stored In our metal conex box. It Is up to the waste hauler to separate appropriately and package for shipment. a 11: How many gallons of the clarifier are shipped at a time? A 11: Approximately 2300 gallons per clarifier
Q 12: Is the clarifier waste water shipped as Non-RCRA? A 12: The clarifier water-waste Is shipped as Non-RCRA
Q 13: How many solids are in the Clarifier water per a shipment? A 13: Approximately 125 gallons of solids per shipment.

Q 14: Is this job prevailing wage?
A 14: No this Is not a prevailing wage job.

Q 15: Based on the Freedom of Information Act; what is the current vendor pricing as listed on Bid Scheduling/Pricing Pages?
A 15: See attached Schedule of Compensation.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement Specialist 11
DATE: August 27, 2020
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name:

Authorized Signature: _______________ Date: _____ _
Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive. 56 Item 1F - Page 82 Type
Waste Oil
(Awarded Contract Pricing - September 2015)
EXHIBIT "0"

SCHEDULE OF COMPENSATION
Unlt Price/ per
Gal
Annual Quantity
Estimated Gallons
Motor oil waste and lubricating oil from Cogen $0.10 3350 Unit Price/ per
Waste Anti-Freeze Coolant Gal
Liquid $0.01
Unit Price/55
OH Waste/FIiters gal drum
Filter $25.00
Absorbent Material/Oily Rags $155.00
Miscellaneous Unit Price
Batteries (mix) (55 gallon drum) $495.00
U Shaped Light (55 gallon drum) $145.00
4' Fluorescent Lights (boxed} $24.00
a· Fluorescent Lights (boxed) $48.00
HID Lights (55 gallon drum) $175.00
Aerosol Paint (55 gallon drum) $275.00
Latex Paint (55 gallon drum) $175.00
Water Based (55·gallon drum) $175.00
Misc. Solvents (55 gallon drum) $225.00
Annual Quantity
Estimated Gallons
1200
Annual Quantity
Estimated 55 gal
drums
18 12
Annual Quantity
Estimated
5 6
5 1
2 1
10 10
1 Total Estimated Annual Compensation$
Estimated Annual Rate $10,520.00 x 3 years= Total Est for 3 years $ 57 Estimated
Annual Cost
$335.00
Estimated
Annual Cost
$12.00
Estimated
Annual Cost
$450.00
$1,860.00
Estimated
Annual Cost
$2,475.00
$870.00
$120.00
$48.00
$350.00
$275.00
$1,750.00
$1.750.00
$225.00
10,520.00
31,560.00
(Basis of Award)
Item 1F - Page 83

INVITATION FOR BID FOR

COLLECTION, TRANSPORTATION, DISPOSAL AND OR DESTRUCTION OF WASTE MATERIALS (21-02)
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items:

THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPEClFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.

The City has received the following questions and is hereby providing answers thereto:

Q 1: There is no quantity to estimate the runway debris. Would this be in a 55 gallon drum"? A 1: The Airport estimates 55ea 55 gallon drums per year of runway debris.

Q 2: If this is a Prevailing Wage contract; how does the vendor charge the City by the hour for the driver and technicians?
A 2: This Is not a prevailing wage contract.

Q 3: What is the frequency of the shipments for each location? A 3: Frequency Is based on an as needed basis, there is no set number for the amount of pickups for each location.

Q 4: How many containers are normally shipped by each location per shipment? A 4: Containers are based on an as needed basis, there is no set number of containers for each pickup.

Q 5: Is there a chance the City would reconsider the Bid Bond? A 5: No. This bid requires a bid bond.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement Specialist II
DATE: September 1, 2020
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name:

Authorized Signature: ______________ Date: ____ _
Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive. 58 Item 1F - Page 84 INVITATION FOR BID FOR COLLECTION, TRANSPORTATION, DISPOSAL AND OR DESTRUCTION OF WASTE MATERIALS (21-02) ADDENDUM NO. 3
This Addendum is being issued for the following changes and informational items:

THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE

PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.

The City has received the following questions and is hereby providing answers thereto:

Q 1. Due to varying costs and measurements of disposal, can the Lights Mix line item be broken down per type of light? If so, what are the approximate quantities? Lights Mix: Each 1300
CFL, LED, HID, Metal Arc
Halide, Halogen, Mercury
Vapor
U-Shaped
A 1: Yes. Items broken down with estimated counts of bulbs are: Facilities Dept.; Metal Halideqty 30, CFL- qty 400, LED• qty 75, HID• qty 50, Metal ARC- qty 100, Halogen- qty 30, Mercury Vapor- qty 6, "U"-Shaped- qty 75 and Incandescent- qty 25. Airport; Metal Hallde70, CFL- 200 (including T•B & T-12), LED- 10, HID-5, Metal ARC- 0, Halogen- 9, Mercury Vapor- 0, Incandescent- 10, "U"-Shaped- 5. All quantities are approximate for the year.

Please see revised pricing p,ge.

Q 2: Is the line item Misc. Solvents from Parts Washers? Is the waste shipped as Hazardous or nonHazardous? A 2: Approximately 30 gallons of the misc. solvents are from parts washers. The remaining misc. solvents are from various departments within the city. Prior shipments have been labeled as follows: Parts washer solvent is labeled as UN1993 WASTE Flammable Liquid, n.o.s. (Acetone, Toluene) for disposal to an Approved TSDF Waste RCRA Flammable Liquid Solvent. Due to the multiple sources where the solvents come from, it will be incumbent on the Waste Disposal Company to determine how the misc. solvents will be labeled and shipped.
59 Item 1F - Page 85
Q 3: Is the ·une item Misc. Building Materials (Epoxy, Roof Patch, etc.) shipped as non-RCRA, Flammable or Combustible?
A 3: The roadside crew has no way of knowing what may be labeled as non•RCRA, flammable or combustible when waste is collected. Due to the multiple sources where the misc. building materials come from, It wlll be incumbent on the Waste Disposal Company to determine how these materials will be labeled and shipped.
a 4: There are 2 line items labeled - Empty Drums 55 Gallon Approximate Qty 100 is this a duplication or would 200 55 gallon drums be supplied annually? Or are these for disposal? Please clarify.

Empty Drums 55 Gallon 100
Light Drums:

Empty 4' Cardboard
Fluorescent 4 Foot 30
Empty 8' Cardboard
Fluorescent 8 Foot 12
Empty Drums 55 Gallon 100
A 4: Yes this Is a duplicate. The City needs 100 empty 55 gallon drums to be f!Sed citywide.

Approximately 55 of those drums are used at the airport per year. Each drum picked up for disposal must be replaced with an empty drum. Please see revised pricing page.

Q 5: Addendum No. 2 - A 1 please clarify quantity. The quantity is 55, 55 Gal Drums? A 5 The Airport estimates that 55ea, 55 gallon drums for runway material will be needed per year. Please see revised pricing page.

Q 6: Is Runway Debris disposed of as non-RCA or non-Hazardous Waste? A 6: The runway debris would be non-hazardous waste.
...... a 7: On the current Contract pricing there is a line item of Absorbent Material/Oily Rags._ Is. [email protected]~sJe stream no longer generated?
A 7: No, this should be Included with an estimate of a 2 each 55 gallon drums per year. See revised pricing page.

Q 8: Will the City accept DocuSign in lieu of ink signatures? A 8: No. Bids must be received as a hard copy with ink signatures.

Q 9: Please provide waste profile information for listed waste streams including State and RCRA waste codes.

A 9: See attached most recent Uniform Hazardous Waste Manifest. It is incumbent upon the 60 Item 1F - Page 86 Waste Disposal Company to identify and characterize all of the materials through sampling. Q 10: Should replacement containers be included in the pricing? A 10: Yes Q 11: Pricing sheet clarifications:
(1) Please clarify- Runway and Apron: Are listed Empty Drums for disposal or replacement container purchase?
(2) Please clarify- Light Drums: Are listed empty containers (both cardboard boxes and drums) for disposal or replacement container purchase?
A 11: (1) Runway and Apron: Are listed Empty Drums for disposal or replacement container purchase? Each drum picked up for disposal must be replaced with an empty drum. (2) Light Drums: Are listed empty containers (both cardboard boxes and drums) for disposal or replacement container purchase? Each container picked up for disposal must be replaced with an empty container.

NOTE: Please see the attached REVISED Bid Schedule to this Addenda #3 for submission with your bid. Failure to submit this REVISED Bid Schedule shall render your bid as non-responsive.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement Specialist II
DATE: September 10, 2020
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name:

Authorized Signature: ______________ Date: ____ _
Acknowledgment of Receipt of Addendum 3 is required by. signing and including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive. 61 Item 1F - Page 87
**REVISED** BID SCHEDULE/PRICING PAGES (IFB 21-02)

PROVIDE COLLECTION, TRANSPORTATION, DISPOSAL AND/OR

DESTRUCTION OF WASTE MATERIALS
QUE; JUMB§QAY, SEPJEMIJEB U, 2020 AJ 3;oo P,M, LOCAL JIME Bidders• signed bid and written acceptance by the City shall constitute an agreement and has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this invitation.

All prices shall be F.0.8., Palm Springs, California. Sales tax shall be shown as a separate line Item at the rate of 9.25%.

Waste Oil Gallons 2030
Waste Antifreeze/Coolant Gallons 600
55 Gallon
Used Oil Filters Drum 6
Absorbent Materials/Oily 55 Gallon
Raas Drum 2
55 Gallon
Batteries (Mix) Drum 2
4' Fluorescent Lights Each 1500
81 Fluorescent Liahts Each 600
Lights Mix:

CFL, LED, HID,_Metal Arc Combination- Halide, Halogen, Mercury Each 1100 Vapor, U-Shaped 55 Gallon
Ballasts Drum 1
Paint, Latex Gallon 775
Paint, Oil Base Gallon 60
55Gallon
Paint, Aerosol Drum 1
55 Gallon
Paint Water Drum 4
55 Gallon
Misc. Solvents Drum 6
Misc. Building
62 Item 1F - Page 88 Materials: 55 Gallon Epoxy, Roof Patch, etc. Drum 3 Household Hazardous 55 Gallon Waste Drum 4
Fire Extinguishers Each 5
Propane Tanks Each 5
55 Gallon
Herbicides/Pesticides Drum 1
Pool Care Products:
55 Gallon
Chlorine, Acids, Bases Drum 1
1 Gallon
Sharps Containers 7
Liquid
Clarifiers Gallons 20,000
Solid
Clarifiers Gallons 800
55 Gallon
Runway and Apron: Drums 55
Foreian Obiect Debris
Rubber Crumbles
Empty Drums 55 Gallon 100
Light Drums:

Empty 4' Cardboard
Fluorescent 4 Foot 30
Empty 8' Cardboard
Fluorescent 8 Foot 12
Total Estimated Annual Compensation $ _________ _
Estimated Annual Rate:$ ______ X 3 Years= Total Est. for 3 Years_$ ______ _ Basis for Award
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:
• For the -iniiiai three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.

Delivery/Schedule for Performance: The bidder must indicate on this Bid Proposal page the time required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor in award of bid and may be cause for rejection, as determined by the City. The work and/or services to be performed by Vendor pursuant to the purchase order shall be completed by Vendor within time required for delivery indicated below, unless City approves in writing a revised delivery schedule. 63 Item 1F - Page 89
Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and Install after receipt of order (ARO): ____ DAYS (ARO) *Deliyery may ht a factor in award.

It is understood and agreed that this bid may not be withdrawn for a period of ninety (90) days from the date of opening thereof, and at no time in the case of the Successful Bidder. (Signatures):

Name of contractor submitting bid ____________________ _ Authorized signature ________________________ _
Printed name _______________ Title __________ _
Address _____________________________ _
City, State, Zip _________________________ _
Telephone No: ____________ .... F __ a __ x__ N--=o __ :___________ _ E-mail _____________________________ _
64 Item 1F - Page 90 Unlfonn Hazardous Waste Manifest:
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March 10,2020

CITY OF PALM SPRINGS
425 N CIVIC DRIVE
PALM SPRINGS, CA 92263

TSCA CERTIFICATE OF DISPOSAL
This is to certify that waste as defined on Waste Manifest number 014278271FLE was received by U.S. Ecology, Inc .. on 03/Q312020 .The waste(s) were subsequently managed as required by U.S.

Ecology•s Part B and/or TSCA permits where applicable and disposed of on 03/0312020 in accordance with permits and laws regulating this facility.

Customer Manifest#:

State Manifest#: 014278271FLE
Page/Ln: 1/1
Material: 1 15 GALLON ORUM
Process: Otrect Landfill
Facllity: US ECOLOGY NEVADA, INC,
HWY 95 11 MILES S. OF BEATTY
BEATTY. NV 89003
EPAID: NVT330010000
Waste Stream t: 070253615-92
Customer: HCI ENVIRONMENTAL & ENGINEERING SERVICE
J
Under clvll and crlmlnal ,-,allies of law for tho maltlnQ or submission of false or fraudulent statements or ,epresentatiotJs (18 u.s.c, 1001 and 15 U.S.C. ff15J, I certJly lhat the lnfonnatlon contained In or accompanying this document I$ we, accurate, .
--- --- and complete. Al to the Identified actlon(s) of Ibis document I« which I cannot personally verily troth and accuracy, I t:11,tJfy a, the company official having supervisory tNpOIJ8ib,'lity for the persons who, acting under my direct Instructions, made the vedlicalion that 11w Information Is ttue,accurate, and complete.

Printed Name: JOHN DYER
Signature:

Title: COMPLIANCE MANAGER
70 Item 1F - Page 96 EXHIBIT "C"

CONTRACTOR'S PROPOSAL
ATTACHMENT •AU
IFI 21-02 COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DUTRUCTION OF WASTE

MATERIALS
•NQU• JHIS f08N MYII I§ G9NPbERP MP fNCU,QEQ WJJH XAYB IHZ

SIGNATURE AUTHORIZATION
NAME OF COMPANY (BIDDER): Al~ Petroleum Transport. Inc. 11 BUSINESS ADDRESS: 22740 Teme canyon Road. Corona, cA 92883 TELEPHONE: 951-54S-7374 CELL PHONE: ___________ .FAX:951-905-1440 CONTACT PERSON: Douglas Parker EMAIL ADDRESS: [email protected] A. I hereby certify that I have the authority to submit this Bid to ttia City of Palm Springs for the above Hated inclMdual or company. I certify that I have the authority to 1z11U! mysetf'1hia company In a contract ahould I be successful In my Bid.

Douglas L. Parker , President
PRINTED NAME AND TITLE d~ 9/1612020

SIGNATURE ANO DATE
B. The following lnfom,atlon relates to the legal Bidder Hated abo~. whether an individual or a company. Place check marka aa appropriate:

1. If successful, the contract language should refer to me/my company as:
__
An Individual;
__
A partnership, Partnel'8' namea: ____________ _
~Acompany;
_A_ A corporation ff a corporation, organized in the state of:_C_A ____ _ My tax Identification number la: _4.;.;;S...;·2-6_ss_9_S_l _________ _ PINN check below IF your flffll quallftee n • Local Buelneae • deflMCI In the IFB: · _
A Local Bualnese (licensed within the jurisdiction of the Coachella Valley). Copy of current business license I• mulgd to be attached to this document.

ADDENDA ACKNOWLEDGMENT:

Acknowfedgment of Reeerpt of any Addenda ilauad bl/ the City for this IFB Is required by lnCIUdfng the acknowledgment with your bid. Failure to acknowledge the Addenda Issued may result in your bid being deemed nofH'81ponslve.

In the apace provided below, plene acknowledge receipt of each Addendum:

Addendum(a) • ..!,:Llalare hentby acknowledged.

LATE BIDS WILL NOT BE ACCEPTED- NO EXCEPTIONSI
14 71
Item 1F - Page 97
9118/2020 CefgOTank

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
4+9ikt11.

Procurement Speclallst II
DATE: August271 2020
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name: Alpha Petroleum Transport, Inc. II
Authorized Signature: ~.aJ,.__ Date: 9/16/2020
Acknowledgment of ReceiiitoiAddendum 1 is required by signing and Including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result In your Bid being deemed non-responsive.
httpl://al.alb.ca.90vtcargo?.lnk81Companv/Oeeal.-px?,dld-412987 72 Item 1F - Page 98 C1110Tllnk
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name: Alpha Petroleum Transport, Inc. II
Authorized Signature: ~~ Date: 9/16/2020
Acknowledgment of RecelpitiAddendum 2 Is required by signing and Including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result In your Bid being deemed non-responsive.
l'lttpl://eel.arll.ce.p~olanlllllCompanyJOocll.1-,x?dldc.i13031 73 Item 1F - Page 99
CergoTn
A 11: (1) Runway and Apron: An, 1181.ed Empty Drums for dlapoaal or replacemtnf container purchae1 Each drum picked up tor dlspo•I must be replaced with an empty dn,m. (2) Ugld Dnlmt1: AN llafed empty oontalnen, (both cardboard bons and dtuma) tor dlapoaal or ,eplacement container purchae? Bach container picked up for dlapoul mand be replaced with an empay container.

NOTE: Pie- aee the attached REVISED Bid Schedule to this Addenda t#3 for aubmlnlon with your bid. Failure to submit this REVISED Bid Schedule shall render your bid as non-responsive.

BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement Specialst II
DATE: September 101 2020
ADDENDUM ACKNOWLEDGMENT:

Proposer Firm Name: Alpha Petroleum Transport. Inc. [I
Authorized Signature: Dale: 9/16/2020
Acknowledgment of RecelptoAddendum3 Is required by algnlng and Including the acknowledgment with your Bid. Failure to ad<nowledge this Addendum may result in your Bid being deemed nonrespon&ive. httpe://Nl.llfb.ca.govlC:er,aoTan~IDecal.alP)C?dld-413031 74 Item 1F - Page 100 IFB2U)2
ATTACHMENT 0 8"
*THIS FORM MUST BE COMPLETED ANO SUBMITTED WITH YOUR BID

CITV OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of lntffllt. Bidder acknowledges that no officer or employee of the City ha& or shall have any direct or Indirect financial interest In this Agreement nor shall Bidder enter into any agreement of any kind with any such officer or employee during the tem, of thts Agreement and for one year thereafter. Bidder warrants that Bidder 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.

CovMant Against Discrimination. In connection with tts performance under this Agreement, Bidder 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 c:haraderisttcs, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a •prohibited basis"). Bidder shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. Aa a condition precedent to City's lawful capacity to enter this Agreement, and In executing this Agreement, Bidder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Bldder adivlty, 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 Bidder is in full compliance with the provisions of Palm Springs Municipal Code Section

7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

NAME OF BIDOERNENOOR: Alpha Petroleum Transport, Inc. II NAME and TITLE of Authorized Representative:
(Print) __ D_ou_gl_as_L_. P_ark_e_r_, P_r_es_id_e_n_t _____________ _ Signature and Date of Authorized Representative:
(Sign) __ (J_~...,_ ___________ (Oate) 9/16/2020
15 75
Item 1F - Page 101
Who Must FIie?
ATTACHMENT ·c ..

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application. and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City"s board or commissions.

Why Must I FUe?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal govemment and assists public official& in avoiding conflicts of interest The City"s Public Integrity Ordinance. codified in Chapter

2.60 of the municipal code, reflects the City's Interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person. with an ownership Interest worth two thousand dollars ($2,000) or more. who has a material financial relationship with any elected or appointed.voting City official. or with the City Manager or City Attorney. • /!!lDi. A material llnantlal relationship la a relationship between someone who Is an owner/Investor In the applicant entity and a voting official (or the City Manager or City Attorney), which ,alatlonshlp includes any of the following:
(1) the owner/investor and the ofr,cial have done business together during the year prior to the application;
(2} the official has eamed income from the ownerAnvestor during the year prior to the filing of the application;
(3) the ownerAnvestor has given the official gift.s worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the offlCial might reasonably be anticipated to gain or lose money or a thing of value, based upon the ownerAnvestor's Interest in the applicant entity, in relation to the application's outcome.

When Must I FIie?
You must filethisform with the~Office of tt,e--City Ctirk-it'the same timi'when you file your apptlcitiofffor a Ctty approval determined by a vote of City officials, whether elected or appointed.

What Must I Dlecloae?
A. The names of an natural persons who are officers. directors, members. managers. trustees, and other fiduciaries serving trusts or othertypea of organizations (attorneys, accountants, etc.). tJsa: (1) only trusts or other organizations that are not the fiduciaries, (2) If a second entity that is not a natU1BI person se,ves the applicant entity (e.g., as a member of an applicant LLCJ. then all officel'$, directors, members. managers, trustees, etc., of the second entity must be discloS6d). 16 76
Item 1F - Page 102 B. The names of persons owning an interest wi1h a value of two thousand doflara ($2,000) or more who have a material financial relationship with an eleded or appointed City official who will vote on the appficant's application, or with the City Manager or City Attorney.

PENALTIES
Falsification of information or failure 10 report information required to be reported may subject you to administrative action by the City.
*Thete are some additional supplementary Instructions with an e1tample following the form should you n .. d further clarlficatlon.
17 77
DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 103
\
,I Originals: Amendment #1

CONTRACT ABSTRACT
Contract
Company Name:

Company Contact:

Alpha Petroleum Transport, Inc. II
Douglas L. Parker, REA President
Summary of Services: Collection, Transportation, Disposal and/or Destruction of Waste Material.

Contract Price: $163,824.45 Annually
Funding Source:

Contract Term:

Multiple Accounts in Park Maintenance & Assessment Districts Initial 3 year Term
Contract Administration
Lead Department:

Contract Administrator:

Contract Approvals
Maintenance & Facilities
Staci Schafer
Council Approval
Resolution No.:

October 8, 2020 'J..\ ~ \ ,1-
N/ A I 5 J oo O o.Jd., -h ~ ft; 0 r 1j o,v,. trz;,..;tAgreement No: Aa374 Contract Compliance
Amendment: Attached Amendment#1
Signatures: (
Insurance: A-l+t1clt1 eo
Contract Amendment prepared by: Maintenance & Facilities Submitted on: April 6, 2022 By: Tonya Nelson
DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 104
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. 8374
. WITH ALPHA PETROLEUM TRANSPORT, INC. II
FOR COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCT\ON

OF WASTE MATERIALS
This Amendment No. 1 to the Contract Services Agreement (A8374), ("Amendment No. 1"), is made and entered into this Co",,. day of &fi1.\ , 2022, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Alpha Petroleum Transportation, Inc.

II , a California corporation, hereinafter designated as the Contractor.

RECITALS
A. City requires the service of Alpha Petroleum Transport, Inc. II, for the collection, transportation, disposal and or destruction of waste materials ("Project'').

8. Contractor has submitted to City a proposal· to provide for the collection, transportation, disposal and or destruction of waste materials to City under the terms of this Agreement. •
C. Contractor has submitted to City a proposal to provide additional Collection, Transportation, Disposal and/or Destruction of Waste Materials for the Palm Springs Airport property under the terms of this Amendment No. 1.

D. The parties wish to enter into this Amendment No. 1· to proceed with the additional professional services ·tor the Collection, Transportation, Disposal and/or Destruction of Wa~te Material at the Palm-Springs International Airport property for Alpha Petroleum Transport, Inc. II.

NOW, THEREFORE, in consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.

SECTION 3. Section 2.1 11Maximum Contract Amount" The Maximum Contract Amount is hereby amended as follows:

Compensation shall not exceed the maximum contract amount of One Hundred Sixty-Three Thousand Eight Hundred Twenty-Four dollars and forty-five cents ($163,824.45), ("Maximum Contract Amount"), for initial three-year term for routine Collection, Transportation, Disposal and/or Destruction of Waste Material, except as may be provided under Section 1.8.

DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 105
SECTION 1. Exhibit "A" "Scope of Services" is hereby amended to incorporating the Palm Springs International Airport. •
SECTION 2. Exhibit "B" "Compensation" is hereby revised by incorF)orating the Palm Springs lntern;:itional Airport located at 3400 E. Tahquitz Canyon Way, Palm Springs, CA, for an additional amount not to exceed $15,000.00 per the Alpha Petroleum Transport, Inc. II proposal, included here within as Attachment 1.

SECTION 3. Exhibit "C" "Schedule of Performance" is hereby revised to include Collection, Transportation, Disposal and/or Destruction of Waste Materials and all areas of the Palm Springs International Airport property, as itemized in Exhibit "D" Schedule of Performance", included herewith as Attachment 2.

SECTION 5. Section p.5 Verification . of Coverage is hereby amended to incorporate the following: •
Contractor has requested its insurer to modify its insurance endorsement cancellation provisions to delete any exculpatory wording and wording stating, in effect, that failure of the insurer to mail written notice_ of cancellation imposes no obligation on insurer.

Contractor's insurer has refused to modify such language ·or guarantee that insured and the City, as additional insured, will be timely notified of any cancellation of Contractor's insurance required under this Agreement. Therefore, Contractor now agrees that should any insurance policies under this Agreement be cancelled before the expiration date for any reason, Contractor shall immediately notify the City, as named additional insured, of the policy cancellation. Failure of Contractor to immediately notify the City of the cancellation of any required insurance by the issuing company shall be considered a material breach and default of this Agreement and all services provided by Contractor shall cease until such time as evidence of sufficient and comparable replacement insurance naming the City as an additional insured is provided to the City as a cure.

SECTION 9. Section 9.2 Conflict of Interest. Is hereby revised in its entirety to read:

Contractor acknowledges that no officer or employee of the City has or shall ha~e any direct or indirect financial interest in this Agreement nor shall Contractor enter info • any agreement of any kind with ·any such officer or employee during the term of this Agreement and for one year thereafter. Contractc;,r 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.

DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 106
SECTION 9. Section 9.3 Covenant Against Discrimination is hereby revised in its entirety to read:

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 c.ontractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 107
Agreement Number: 8374 Collection, Transportation Disposal and/or Destruction of Waste Materials •
Original City Council Approval:

Original Contract Amount:

Amendment #1 Annual Costs:

Total Annual Increase/Decrease
Total Annual Contract Amount
Maximum Contract Amount
(Initial Three Year Term)
October 8, 2020
$134,913.45
$ 15,000.00
$ 149,913.00
$163,824.45
SECTION 9. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 8374, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions - of this Amendment No. 1 and any provisions of the Contract Services Agreement 8374, the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 10. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 108
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the dates stated below.

Date: -------
APPROVED AS TO FORM:

By J~~ clfalli g er,Ciittomey
Date: -----------
Date:
-----------
Check one: _Individual _ Partnership _Corporation
"CITY"
City of Palm Springs
Director o Maintenance and Facilities
ATTEST:
"CONTRACTOR"
ALPHA PERTROLEUM INC., II

SIGNED IN COUNTERPART
By:

SlG~~~C:OUNTERPART
Douglas L. Parker, REA President

SIGNED IN COUNTERPART
By:

Signature

SIGNED IN COUNTERPART
Madison L. Park, Operations/Compliance
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 109
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the dates stated below.

Date:

APPROVED AS TO FORM:

By: __ S_IG_N_E_D_IN_ c_o_uN_T_ER_R_A_RT_
Jeff Ballinger, City Attorney
Date:
-------- - ---
"CITY"
City of Palm Springs
By: __ S_IG_N_E_D_IN_ CO_ UN_T_ER_P._~m" __ _
Staci A. Schafer,
Director of Maintenance and Facilities
ATTEST:

SIGNED lN COUNTERPART
By: __________ _
Monique Lomeli, Interim City Clerk
"CONTRACTOR"
ALPHA PETROLEUM TRANSPORT INC., II
By ~ ~
~re
Laura L. Parker, SecretaryfTreasurer
Check one: _ Individual _ Partnership /corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 110
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CJVIL CODE § 1189 A notary pub ~ or other o·-cg completing th s ceni'ic:illl ve.nfies only it-e idsrnity of me 111div1du::ll vho signoo lhe documer:t t;:i ·,•,tuch chi.~ ogfhlic:ne •~ att3ch9d, :ind no< me nnhfu!nsss, accura<:y, or ,ialidity of rhat documdni.. \
Stote o California )
County o j(t'Vtr,:,1i;(c::.- )
On _ '/-_J _-2.tJ_ ~_ ~ __ be ore me, _.__j;_¼_Kn, _ k _ L_. ~-AJl - ~_-cr__._, _n _,~__.~- /lf, - t c.- _ __ Date I t7. ~ Here Insert /\fame .ind Title of the ()fflcer per~nally oppeared ~ ~- ~-w-fl~- f_Alt._? _L_. _1 -;,t,r/ A_ _ 'f~_.cr __ t _ /4_ ~_ ~~ L _ ._~_~_ f(_~_e-.cr- __ _ ( ' Name(s) of Signer($) who proved to me on the bozis of sati.cfaciory evidence to be the person(s) whose na.Me{c) ~ :ire cubscribed o he 1
.'ithin nctrument ond acknowledged to me h::n r~they exeeuted the same in ~eif' authonzed copacity(ies), and that by ~ rt their ~gm:rture(s) on the in:.trument the peraon(s), or the entity upon behn.lf o which the peroon(c) nctcd, exeeuted the u-ictrument.

ALEXAIID£R L PARKER
Notary Public • u llfornla
Riverside County f ...., ... _..,, • .,, Commission# 2311841 • • My Comm. Expires Nov 8, 2023
Pf-ace Notary Sem Above
I certify under PENALTY OF PERJURY under the lo •;s
of the Sto.te of Cahforni.:i that the oregoing paragraph is true and correct.

WITNESS my hand .ind officml seal.

Signature __ -~~ __ y-2--- ______ _ Signature of Notary Pubfic ---------------opnONAL --------------- Though this section i3 option.ii, completmg this tnforrmtion cnn deter .ittemtion of the document or fraudulent re.Jttachment of this fom1 to an unintended dooument.

Descl"iption of Attached Document
n le or Type of Document: _____________ Document Date: ________ _ Number of Pagc:s: ____ Signer(s) Othe,. Than
Capacity{ies) Claimed y Sjgn~r(s),
S19ner's Name: fJ, (A~ L. f?P'7'<a-
,8(" Corporate O cer - n le{s): , • e-n
D Partner - □ Limited □ GenernJ
D Individual D Attorney n fac't
D Trustee D Guardi.in or Conservator
D Other: - --------------- Signer ls Represen ing: _________ _ Named Above: _____________ _
Signer's Name: ,U.ltn. l /1r,,/U"'"" .
© Corpora e 01icer - Title(s): 7~cnef"U]t/ Trr,,~
D Partner - D Limited D General
D Individual □ Attorney in Fact
D Tru~tee □ Gu::u-dian or Conwrvator
D Other: --------------- Sign er Is Representing: _________ _ 01 ➔ iltional Notmy A!.soci:nion • '/\'NI. ~tioro!Notmy.org • 1-800-US .OTARY t, -800-876-6827) Item ;;:5907 DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 14th November
Item 1F - Page 111
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 8374

FOR COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRICTION OF

WASTE MATERIALS
This Amendment No. 2 to the Contract Services Agreement (A8374), ("Amendment No. 2"), is made and entered into this __ day of ______ , 2022, by and between the City of Palm Springs, a California charter •city and municipal corporation, hereinafter designated as the City, and Alpha Petroleum Transportation, Inc. 11 , a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
A. City requires the services of Alpha Petroleum Transport, Inc., II for the collection, transportation, disposal and or destruction of waste materials ("Project") B. Contractor has submitted to City a proposal to provide for the collection, transportation, disposal and or destruction of waste materials to City under the terms of this Agreement. •
C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. On October 8, 2020, City Council approved a Contract Services Agreement (A8374) with Contractor to provide for the collection, transportation, disposal and or destruction of waste materials.

F. City has determined a need to increasing funding for services provided to the Palm Springs International Airport in an amount of $46,087.39 annually, for a Maximum Contract Amount of Two Hundred Nine Thousand Nine Hundred Eleven Dollars and EightyFour Cents ($209,911.84) over the initial term of A8374.

G. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Four Amendment.

DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 112
SECTION 2. 2.1 Maximum Contract Amount. as defined therein is replaced in its entirety to read :
"For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of the unit costs set forth in Exhibit "D" for the first three years of the contract ("Maximum Contract Amount"), except as may be provided under Section 1.8. The total amount of Compensation is estimated at $209,911.84 for 3 years and shall not exceed the amount budgeted each fiscal year for this expense as approved by City Council. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or timeconsuming than provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount."
SECTION 3. Exhibit "D" Schedule of Compensation is hereby replaced in its entirety by Attachment 1.

SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A8374, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provisions of the Contract Services Agreement A837 4, the provisions of this Amendment No. 2 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. A837 4 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 11/14/2022
Item 1F - Page 113
SIGNATURE PAGE TO AMENDMENT NO. 2 (A8374) BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALPHA PETROLEUM TRANSPORTATION, INC. II IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

CONTRACTOR:

By~~ ignature
(2nd signature required for Corporations)
Date: 11/08/2022 Date: 11/08/2022
CITY OF PALM SPRINGS:

APPROVED AS TO FORM: ATTEST:

APPROVED:

G DocuSigned by:

By: 5,~~~-
7 ~ Date: ________ _
City Manager- over $50,000
Deputy/Assistant City Manager - up to $50,000
Director- up to $25,000
Manager - up to $5,000
DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 114
ATTACHMENT NO. 1
DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 115
EXHIBIT "D" SCHEDUL OF COMPENSATION
Approximate
Item Unit of Measure Yearly Quantity
Waste Oil Gallons 2,030
Waste Antifreeze/Coolant Gallons 600
Used Oil Filters 55 Gallon Drum 6
Absorbent Materials/Oily Rags 55 Gallon Drum 2
Batteries (Mix) 55 Gallon Drum 2
4' Fluorescent Lights Each 1,750
8' Fluorescent Lights Each 825
Lights Mix:

CFL, LED, HID, METAL Arc Halide, Halogen, Mercury Vapor, U- Combination 1,100 Shaped Each
Ballasts 55 Gallon Drum 1
Paint, Latex Gallons 775
Paint, Oil Base Gallons 60
Paint, Aerosol 55 Gallon Drum 3
Paint Water 55 Gallon Drum 96
Misc. Solvents 55 Gallon Drum 6
Misc. Building Materials:

Epoxy, Roof Patch, etc. 55 Gallon Drum 3
Household Hazardous Waste 55 Gallon Drum 4
Fire Extinguishers Each 5
Propane Tanks Each
5 Herbicides/Pesticides 55 Gallon Drum 1
Pool Care Products:

Chlorine, Acids, Bases 55 Gallon Drum 1
Sharps 1 Gallon 7
Containers
Clarifiers Liquid Gallons 21,000
Clarifiers Solid Gallons
1,300
Runway and Apron: 55 Gallon Drum 55
Foreign Object Debris
Rubber Crumbles
Empty Drums 55 Gallon Drum 188
Light Drums:

Empty 4' Cardboard Fluorescent 4 Foot 30
Empty 8' Cardboard Fluorescent 8 Foot 12
Profiles on Liquid & Solid Individual Waste Streams Each 28' Box Van pr equivalent, with light gate, to include Hour 8 driver/operator, utilized in the proper & safe transportation of RCRA & Non-RCRA, Hazardous Waste Liquids & Solids (Based on 8 hours - portal to portal_
Estimated
Annual Cost
$568.40
$120.00
$300.00
$270.00
$1,390.00
$805.00
$627.00
$1,100.00
$300.00
$4,223.75
$255.00
$1,335.00
$28,800.00
$2,070.00
$1,380.00
$1,200.00
$100.00
$250.00
$300.00
$498.00
$840.00
$13,650.00
$1,885.00
$7,315.00
$8,836.00
$600.00
$240.00
No Charge
$840.00
DocuSign Envelope ID: 34DE66FF-DAD1-4A16-8C28-6DFF0505D309 Item 1F - Page 116
One additional (40) hour trained technician, utilized in the Hour 8 $1,000.00 proper & safe packaging and transportation of RCRA & NonRCRA Hazardous Waste, Liquids & Solids (Based on 8 hours - portal to portal)
On Supervisor utilized in the proper & safe packaging and Hour 125 $1,000.00 transportation of RCRA & Non-RCRA Hazardous Waste Liquids & Solids (based on 8 hours - portal to portal)
United Nations (UN) Packaging for the proper and safe
transportation & disposal RCRA & Non-RCRA, Hazardous Waste Liquids & Solids:

Cubic Yard Box(es) Each 6 $750.00
Bag(s) of Absorbent Each 1 $35.00
55 Gallon Steel o/t drums Each 1 $65.00
30 Gallon Steel o/t drums Each $67.00
30 Gallon Poly o/t/ drums Each $52.00
15 Gallon Poly o/t/ drums Each $41.00
5 Gallon Steel o/t/ pails Each $32.50
5 Gallon Poly o/t pails Each $37.50
Non-RCRA Hazardous Waste, Liquid (Paint, Primer & Sealer) Cubic Yard Boxes 4 $3,420.00 Non-RCRA Hazardous Waste, Solid (Adhesive & Granule 55 Gallon Drum 1 $255.00 Deodorant)
Non-RCRA Hazardous Waste, Solid (Dried Paint, Empty Pails & Cubic Yard Boxes $1,710.00 Debris) 2
Manifest compliance and documentation fee Each 1 $50.00 Subtotal $88,383.15
Fuel, Energy & Insurance Surcharge (17%) $15,025.14
Total (Year 3) $103,408.29
Total estimate for initial 3-year term: $209,911.84
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:

For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the Riverside/Ontario/San Bernardino region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.

Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and install after receipt of order (ARO): ~ DAYS (ARO) *Delivery may be a factor in award.

It is understood and agreed that tis bid may not be withdrawn for a period of ninety (90) days from the date of opening thereof, and at no time in the case of a Successful Bidder.

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9154 WITH AMADEUS AIRPORT IT AMERICAS, INC. TO PROVIDE A

COMMON/SHARED USE PASSENGER PROCESSING SYSTEM FOR THE PALM

SPRINGS INTERNATIONAL AIRPORT BOARDING GATES
RECOMMENDATIONS:

1. Appropriate $225,859.51 from Airport Fund 416 to the account 4167065.80000 budget.

2. 3. Allow the City Manager or designee to execute all necessary documents.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9154 WITH AMADEUS AIRPORT IT AMERICAS,
INC. TO PROVIDE A COMMON/SHARED USE PASSENGER

PROCESSING SYSTEM FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT BOARDING GATES
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve Amendment No. 1 to Contract Services Agreement No. A9154 with Amadeus Airport IT Americas, Inc. (Amadeus) for the addition of eleven ticket counter common/shared use positions in the ticketing wing, eight customer service counter common/shared use positions in the Bono Concourse, and four spare common/shared use positions at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 1 to Contract Services Agreement No. A9154 with Amadeus Airport IT Americas, Inc. (Attachment A) for the addition of eleven ticket counter common/shared use positions in the ticketing wing, eight customer service counter common/shared use positions in the Bono Concourse, and four spare common/shared use positions, in an amount not to exceed $225,859.51 and to extend the schedule for the common/shared use project to a completion date of March 29, 2024, and for the project to be fully operational by April 19, 2024.

2. Appropriate $225,859.51 from Airport Fund 416 to the account 4167065.80000 budget.

3. Allow the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure Form (Attachment B) submitted on March 20, 2022, Amadeus is a Florida Corporation.

Item 1G - Page 1
BACKGROUND:

At the Palm Springs International Airport, gate assignment at dedicated gates had been preferred by the airlines historically as they had considered it to be a passenger convenience. The increase of flight operations at the Airport over the past couple of years had brought the Airport to the conclusion that dedicated gate usage by individual airlines was no longer a viable solution. Gates were vacant while aircraft waited for qualified gates, and aircraft had to be relocated to ground boarding positions. This difficulty was intensified when irregular operations occurred, and time was of the essence to turn an aircraft around promptly.

Discussions with the airlines regarding common use had taken place over the years, specifically during the remodeling of the Airport ticketing wing, and the airlines agreed to switch to common use at the boarding gates to improve overall on-time performance and customer satisfaction. The common use service platform offered a portal to each individual airline Departure Control System, and the common use service platform gives the Airport the advantage of mobility, operational agility, and a reduction in Airport infrastructure costs.

On June 30, 2022, the City Council approved Contract Services Agreement No. A9154 with Amadeus Airport IT Americas, Inc. to provide a common/shared use passenger processing system for the Palm Springs International Airport boarding gates for a threeyear term with two one-year options, in an amount not to exceed $568,029. The cost for the installation of the system inclusive of all materials, labor, and expenses for the 36 boarding positions was $373,279. Maintenance and support amounts to $38,950 yearly for the three years of the agreement, for an initial agreement total of $490,129. Two additional optional years of maintenance and support at $38,950 each brought the total cost to $568,029.

STAFF ANALYSIS:

The scope of work for Contract Services Agreement No. A9154 with Amadeus was intended to mitigate the impacts of growth, however demand has increased such that additional measures must be implemented. Another factor driving this change is that while Airport staff captured feedback from the airlines early in the design process, upon design completion the airlines indicated that the customer service counters, which were eliminated in the original design, would need to remain due to labor agreements; these counters also need to be common use positions to maintain flexibility and efficiency. Also, in the scope of work schedule, the work was expected to commence on July 1, 2022 and be completed by October 30, 2022, and due to a delay of equipment delivery, the project did not commence until August 2023.

The Airport staff have determined that in order to enhance the passenger experience, maintain continuity for the airlines at the boarding gates and the ticket counters, and to allow the Airport the flexibility that will be needed to accommodate new airlines, it is Item 1G - Page 2
necessary to procure equipment for the installation of eleven ticket counter common/shared use positions in the ticketing wing, eight customer service counter common/shared use positions in the Bono Concourse, and to also procure four spare common/shared use positions to have on hand. In June 2023, Airport staff received a quote from Amadeus, and staff worked with Amadeus to significantly lower the quote amount to ensure that the pricing was consistent with the original contract pricing and Airport requirements. There is a 3-year warranty that begins when the equipment is delivered.

To accommodate the delay of the equipment delivery and the additional common/shared use positions, staff has also determined that it is necessary to extend the schedule for the common/shared use project to a completion date of March 29, 2024, and for the project to be fully operational by April 19, 2024.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2A, Improve City Facilities.

FISCAL IMPACT:

Approval of this action includes an appropriation of $225,859.51 from Airport Fund 416.

REVIEWED BY:

Department Director: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
Finance Director: Kristopher Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment No. 1 to Contract Services Agreement No.

A9154
B. Public Integrity Disclosure Form
C. Original Agreement A9154
Item 1G - Page 3

ATTACHMENT A
AMENDMENT NO. 1 TO
CONTRACT SERVICES AGREEMENT NO. A9154
WITH AMADEUS AIRPORT IT, INC.

Item 1G - Page 4
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT A9154

COMMON-SHARED USE PASSENGER PROCESSING SYSTEM &

SUPPORT BETWEEN THE CITY PALM SPRINGS AND AMADEUS
AIRPORT IT AMERICAS, INC.

1. Parties and Date.

This Amendment No. 1 to Contract Services Agreement A9154 (“Amendment No. 1”) is made and entered into as of October 13, 2023, by and between the City of Palm Springs (“City”) and Amadeus Airport IT Americas, Inc., a Florida corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled Contract Services Agreement A9154 dated July 25, 2022, (“Agreement”) for the purpose of a common-shared use passenger processing system and support for the Palm Springs International Airport (“Airport”) for the term of July 25, 2022 through July 24, 2025, and a contract price of $568,029.00.

2.2 Amendment. The City and Contractor desire to amend the Agreement to alter the Services, increase the not-to-exceed compensation amount and extend the time for completion of the Services.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

3.1 Time of Completion. Section 2 of the Agreement is hereby amended in its entirety to read as follows:
“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” Scope of Services/Work and Exhibit “A1” Additional Services. 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.”

3.2 Compensation of Contractor. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:
"Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A" Scope of Services/Work and Exhibit Item 1G - Page 5
"Al" Additional Services. This agreement is hereby amended to increase the compensation by $225,859.51 for the addition of eleven ticket counter common/shared use positions in the ticketing wing, eight customer service counter common/shared use positions in the Bono Concourse, and four spare common/shared use positions, for a new not to exceed amount of $793,888.51.”

3.3 Additional Services. The Scope of Services/Work, as that term is defined in the Agreement, shall be amended to include additional services, more particularly described in Exhibit "Al" attached hereto to this Amendment No. 1 and incorporated herein by reference.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.6 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7 Counterparts. This Amendment No.1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1G - Page 6

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND AMADEUS AIRPORT IT AMERICAS, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1G - Page 7
EXHIBIT “A1”

ADDITIONAL SERVICES
Including,
Schedule of Fees
And
Schedule of Performance
Item 1G - Page 8
Scope:

The scope of this proposal is for an ACUS expansion as listed below:
• 23 additional ACUS Workstation Subscriptions
• Professional Services for deployment and implementation Item 1G - Page 9
Item Description Qty. Unit Unit Sell Total Sell
Price Price

HARDWARE
1 Dell Optiplex 3000 TC 23 EA $546.00 $12,558.00
2 Dell P1917S 23 EA $221.00 $5,083.00
3 IER i420B 19 EA $591.18 $11,232.42
4 IER i420B RFID (w/roll holder) 19 EA $1,129.49 $21,460.31 5 HP Laserjet 4001n + warranty 8 EA $683.96 $5,471.68
6 Access BGR750 U 8 EA $942.50 $7,540.00
7 Access Keyboards AKB500-G-US-U-OM-O 23 EA $560.30 $ 12,886.90 8 Honeywell HSM-1950GSR2USBN - Xenon 11 EA $327.89 $3,606.79 XP 1950 KIT, CORDED, SR, BLK, USB, NA
9 Honeywell STND-15R00-000-6 - Stand: 11 EA $45.50 $500.50 gray, 15cm (Gin) height, rigid rod, large oval
weighted base, Xenon cradle
10 Access XMAINLDUS US IEC Power Cord for 8 EA $19.50 $156.00 BGR
11 Shipping 1 EA $9,907.13 $9,907.13
HARDWARE SUBTOTAL $90,402.73

PROFESSIONAL SERVICES
12 Project Management 1 LOT $9,445.10 $9,445.10
13 Impl ementation Engineer 1 LOT $22,100.20 $22,100.20 PR:FESSIONAL SERVICES SUBTOTAL $31.545.30
14 ACUS Subscription Year 2024 12 MTH $1,181.28 $14,175.36 15 ACUS Subscript ion Year 2025 12 MTH $1,181.28 $14,175.36 16 ACUS Subscript ion Year 2026 12 MTH $1,181.28 $14,175.36 SUBSCRIPTION SUBTOTAL $42,526.08
17 S&M Year 2024 12 MTH $1,653.34 $19,840.08
18 S&M Year 2025 12 MTH $1697.11 $20.365.32
19 S&M Year 2026 12 MTH $1,765.00 $21,180.00
SUPPORT AND MAINTENANCE SUBTOTAL $61,385.40
TOTAL $225,859.51
Schedule:

Work shall be completed by March 29, 2024, and fully operational by April 10, 2024.

Hardware:

There is a 3-year hardware warranty that begins when the equipment is delivered.

Airport Provided Items and Exclusions:

1. Airport will provide the infrastructure:
a. Including all necessary millwork
b.Including all necessary network components

2. Airport will provide ISP Internet Links

3. Airport will provide all consumables
Item 1G - Page 10

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1G - Page 11
Item 1G - Page 12

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Amadeus Airport IT Americas, Inc.

Address of Entity (Principal Place of Business)
501 West Church Street, 3rd Floor, Orlando FL 32805
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Florida
If other than California, is the Entity also registered in California? D Yes IB] No Type of Entity
~ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Rduciaries (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
Betros Wakim ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other
Chris Keller ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other
Maria Sanchez ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other
Item 1G - Page 13

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.

Amadeus IT Grou[! SA 100%, Amadeus Aireort IT Americas, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENAL TY 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 Chris Keller, Vice President March 20, 2022

ATTACHMENT C
Item 1G - Page 14
CONTRACT SERVICES AGREEMENT A9154

COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Amadeus Airport IT Americas, Inc., a Delaware corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of an Aviation Software Solution agreement for a common shared use passenger processing system with support, (“Project”).

B. Contractor has submitted to City a proposal to provide a common shared use passenger processing system with support, 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.

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.

DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 15

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 $568,029.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 16
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 3 years 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.

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: Chris Keller, Vice President. 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 DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 17
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 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:

Chris Keller – Vice President (Project Sponsor)
Jeff Shull – Vice President (Program Director)
Mark Sapp – Director, Account Management and Business Development James Rytlewski – Project Manager
Nick Samaha – Airline Application Integration Manager
Ray Vecchiarelli – Vice President (PSP Systems Rollout Manager) Richard Calderon – Regional Support Manager (Training and Support) DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 18

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees 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 DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 19
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.

7.3 Limited Liability. Contractor shall not be liable to Palm Springs Airport (or to any third parties using the System) for the following loss and damage (including costs and expenses relating to or arising out of such loss and damage) whether arising from contract, tort (including negligence), breach of statutory duty, contribution, or otherwise:
a. indirect loss, incidental loss, collateral loss or consequential loss. b. exemplary, punitive or special damages.
c. lost revenue, profits.
d. lost anticipated savings.
e. lost goodwill or reputation; and/or
f. lost management time
The aggregate liability of Contractor, and its Affiliates, collectively to Palm Springs Airport and any third party using the System, collectively, whether arising from contract, tort (including negligence), breach of statutory duty, contribution, or otherwise, and regardless of the form of the action or the theory of recovery, for all claims asserted in respect of losses under or in connection with the System, shall not exceed Two Million US Dollars (USD 2,000,000) (“Liability Cap”).

Contractor does not exclude or limit its liability to Palm Springs Airport and any third party using the System, in respect of losses arising in respect of:
a. intentional or gross negligence conduct of Contractor b. fraud.
c. death or bodily injury caused by negligence.
d. any liability which by law cannot be excluded or limited.

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 DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 20
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. Nothing in this Agreement shall be deemed to grant to one party rights in intellectual property (IPR) or confidential information of the other party. Each party agrees to reproduce copyright legends that appear on any materials provided by the other party.

City agrees and acknowledges that Contractor (or Contractors’ affiliates, third parties or licensors), owns the Contractor’s IPR in any software, software developments, enhancements and modifications, solution/software description and Contractor’s databases. Contractor grants to City a non-exclusive, non-transferable right during the Term of the Agreement to access and use the Contractor’s services, systems and software as required for the purposes of this Agreement.

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, DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 21
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.

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:

DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 22
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Amadeus Airport IT Americas, Inc.

Attention: Chris Keller – Vice President
501 West Church Street
3 rd Floor
Orlando, FL 32805

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.

DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 23

11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

11.20 Civil Rights Provisions. The Contractor shall comply with all Civil Rights Provisions attached hereto as Exhibit “C” and incorporated herein by this reference. [SIGNATURES ON NEXT PAGE]
DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 24

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND AMADEUS AIRPORT IT AMERICAS, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement No. 9154
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney Acting 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
DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C 7/22/2022 7/22/2022
7/25/2022
7/25/2022 6/30/22 1M
Item 1G - Page 25
~ DocuSigned by:
~~~
EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 26

1.1 Scope:

A. SPECIFICATION REQUIREMENTS
a. General
i. Contractor shall deliver fully tested Common/Shared Use Passenger Processing System configured to meet the requirements of the airport. ii. The Contractor shall provide telephone, email, and web-portal support 24hours/seven days a week within specified resolution times. iii. Contractor must include and provide thorough user training sufficient for operators to be fully aware of software capabilities and limitations. iv. The Contractor shall be responsible to ensure that all its systems interface successfully with airline systems to meet operational needs. b. System Requirements
i. General:

1. Supported airlines Should include, AHA!, Air Canada, Alaska, Allegiant, American, Delta, Flair, JetBlue, Southwest, Sun Country, United, WestJet, Swoop and the ability to expand additional airlines to be determined. An additional test company should be setup for troubleshooting.

2. The system should have equipment to run a minimum of 36 positions with the ability to expand.

3. The system must provide the capability for airlines to share ticket counter and boarding gate positions by providing secure applications to access their native, non-emulated host systems and applications; or must be a fully compliant CUPPS IATA RP1797 solution (latest version).

4. The system shall ensure that the airport will be able to take advantage of the latest technologies and upgrade features offered at the time of this award.
ii. Flight Information Display System (FIDS):

1. The System must be fully integrated with the airport’s FIDS system.

2. The airports FIDS provider is SITA (formerly COMNET).

3. The System should be fully capable of displaying custom airline information and logos at gates, counters and baggage claim. iii. VOIP:

1. The System must support voice over internet protocol systems.

2. The System must integrate with existing Mitel VOIP System. iv. Hardware:

1. Contractor shall provide all hardware to include, but not limited to:
a. Boarding pass printers.
b. Bag tag printers.
c. LaserJet document printers.
d. MSR/OCR keyboards.
e. Boarding pass readers (fixed and portable as required).

2. Bag printers shall support RFID

3. Contractor shall provide one spare for each hardware device.

DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 27
v. Software:

1. Contractor shall provide all software and licensing for a fully implemented system.
vi. Security:

1. Contractor’s system shall meet or exceed the ISO 27001 Certification.

2. Contractor’s system shall meet or exceed FIPS 140 compliance standard.

3. Contractor’s system shall be PCI compliance certified.

4. Contractor shall update system and all components on a monthly schedule to include any applicable security patches.
c. Service Level Agreement

1. Critical:
a. Definition: System is unavailable, resulting in a critical impact on the operation. No workaround is available.
b. Response: Less than one hour
c. Effort: At least one person working continuously

2. Serious:
a. Definition: The system is available, but its operation is severely restricted. No workaround is available.
b. Response: Less than two hours
c. Effort: At least one person working continuously

3. Low – to-Moderate
a. System: is available with limitations that are not critical to the overall operation.
b. Response: 1 Business Day
c. Effort: Work effort to be mutually agreed upon
B. ADDITIONAL OPTIONS
a. Common Use Kiosks
i. Contractor shall provide optional pricing for a passenger self-service kiosk supporting all PSP airlines.

C. EXCLUSIONS AND AIRPORT PROVIDED ITEMS
a. Airport to provide the following:
i. Network Cabling.
ii. Internet connectivity.
iii. Cabinetry/counter inserts needed based on the specifications provided by the Vendor.
iv. Network switches, network cabinets and associated network equipment. v. Electrical power outlets
vi. FIDS Displays and controllers.

1.2 Schedule:

Work is expected to commence on July 1, 2022, and shall be completed by October 30, 2022, to be fully operational by November 21, 2022. However, depending on equipment availability, it may be possible for work to commence at an earlier date. The Airport will work with Amadeus to verify equipment availability to potentially accommodate an earlier DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 28
commencement date. In addition, Amadeus will work with the Airport to identify an installation and cutover plan that will minimize disruption to the airlines and PSP

1.3 Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope including annual maintenance of system for the first three years. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 29
DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 30
ATTACHMENT "F" (BAFO)

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 11-22)

COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT ITEM DESCRIPTION Unit of Measure TOTAL
1 System Installation: Inclusive Lumpsum $373,279
of all materials, labor, and
expenses.
2 Yearly Maintenance & Lumpsum $ 38,950
Support: Year 1
3 Yearly Maintenance &
Support:Year2
Lumpsum $ 38,950
3 Yearly Maintenance & Lumpsum $ 38,950
Support: Year 3
Optional Yearly Maintenance & Lumpsum $ 38,950
Support: Year 4
Optional Yearly Maintenance & Lumpsum $ 38,950
Support: Year 5
Total $568,029
Certified by: Betros Wakim President
Firm Name:Amadeus Airport IT Americas, Inc.

Signature of Authorized Person: -a~z_._£- ___________ _ Printed Name: _C_h_ris_Ke_l_le_r _______________ _
Title: Vice President
Date: April 26, 2022
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)
DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 31

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 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 DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 32
with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of 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.

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 DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 33
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.

DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 34
EXHIBIT “C”

CIVIL RIGHTS PROVISIONS

GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

A 6 . 4 . 1 . T i t l e V I C l a u s e s f o r C o m p l i a n c e w i t h No n d i s c r i m i n a t i o n R e q u i r e m e n t s The sponsor must include this contract clause in:
1) Every contract or agreement (unless the sponsor has determined, and the FAA concurs, that the contract or agreement is not subject to the Nondiscrimination Acts and Authorities); and
2) Service contracts with utility companies that are not already subject to nondiscrimination requirements.

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 35
determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

A 6 . 4 . 5 T i t l e V I L i s t o f P e r t i n e n t N o n d i s c r i m i n a t i o n A c t s a n d A u t h o r i t i e s
Insert this list in every contract or agreement, unless the sponsor has determined and the FAA concurs, that the contract or agreement is not subject to the Nondiscrimination Acts and Authorities. This list can be omitted if the FAA has determined that the contractor or company is already subject to nondiscrimination requirements.

Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 36
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 e DocuSign Envelope ID: 0F1814F5-7B79-478E-9F44-86E02AC6C92C Item 1G - Page 37

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE VARIOUS CITY DEPARTMENT BUILDOUT PROJECTS
RECOMMENDATIONS:

2. 3. Authorize the City Manager or designee to execute all necessary documents.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT:

FROM:

BY:

APPROVE VARIOUS CITY DEPARTMENT BUILDOUT PROJECTS
Scott C. Stiles, City Manager
Teresa Gallavan, Assistant City Manager
SUMMARY:

Approval of this item will allow the City Manager to move forward with City department buildout projects to accommodate existing and expanding staff for Fire Department Administration, Human Resources, Economic Development, Communications, Information Technology, and a staff kitchen and breakroom remodel.

RECOMMENDATION:

1. Authorize the City Manager to approve City department buildout expansions for Fire Department Administration, Human Resources, Economic Development, Communications, Information Technology, and a kitchen/breakroom remodel in an amount not to exceed $915,011.33;

2. Approve Amendment No. 2 to Agreement No. A9136 (Attachment A) with PUB Construction, Inc., to provide building repair and renovation services in an additional amount of $348,673.14 for an amount not to exceed $1,098,673.14 through June 19, 2025 for the buildout portion only.

3. 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 May 12, 2022, PUB Construction, Inc. is registered in the State of California. The owner is Chris Yi with 100% beneficial interest in entity.

Item 1H - Page 1
BACKGROUND:

An Invitation for Bids (IFB 22-19) for construction services was initiated by the City’s Procurement & Contracting Department on April 18, 2022, based on Maintenance & Facilities specifications. On June 16, 2022, City Council awarded Contract Services Agreement No. A9136 to PUB Construction, Inc., for a three-year term in the amount of $300,000 effective June 20, 2022, through June 19, 2025, subject to two one-year optional extensions at mutual consent of the parties.

On May 11, 2023, City Council approved Amendment No. 1 in the amount of $450,000 to add funding for planned building repair and renovation projects, for a revised contract amount not to exceed $750,000, through June 19, 2025, with PUB Construction, Inc.

City staff has increased nearly 30% since Fiscal Year 2021-22, starting at 516 Full Time Employees (FTE) and growing to 659 FTE, as approved through Fiscal Year 2024-25.

These increases have caused congestion within departments, forcing staff to double and triple occupy some office spaces. Those departments that expanded quickly over the last few years include:

Fiscal
Year
Allocated
Positions Communications Fire Dept.

Human
Resources IT Economic Dev.
2021/2 516 FTE 2 FTE 81 FTE 8 FTE 12 FTE 7 FTE
2022/3 584.5 FTE 3 FTE 90 FTE 10 FTE 16 FTE 10 FTE
2023/4 620 FTE 4 FTE 96 FTE 12 FTE 20 FTE 10 FTE
2024/5 659 FTE 4 FTE 97 FTE 13 FTE 21 FTE 10 FTE
Increase 28% 100% 21% 63% 75% 43%
STAFF ANALYSIS:

On September 14, 2023, City Council approved an amendment to the lease with Coachella Valley Economic Partnership (CVEP) for office space at 3111 E. Tahquitz Canyon Way to reduce CVEP’s leased space, providing the City with an opportunity to occupy the released office space to accommodate staff increases rather than leasing commercial office space.

The recaptured space will be used to house the City’s Human Resources Department and certain administrative members of the Fire Department, as shown in blue in the image on the following page.

Item 1H - Page 2
This office space will be reconfigured to provide an additional exterior entrance into a reception area, twelve offices designated for Human Resources, six offices and six cubicles designated for the Fire Department, and conference, storage, and mechanical rooms. The total cost for this office buildout is $638,431.35, as detailed below.

Human Resources & Fire Department Administration (CVEP Building) $638,431.35 Buildout 228,673.14
Electrical 41,719.00
Controls 90,000.00
Furniture 140,000.00
Moving Costs 5,000.00
Card Readers 25,000.00
Cable Pull 10,000.00
IT Equipment 40,000.00
Contingency 10% 58,039.21
-.
\ \
.j
- - - -·- - __j___ - --- - ___J___ - --- _L - --- -J.. - -- 1 Item 1H - Page 3
In relocating the Human Resources Department and up to nine administrative members of the Fire Department to the CVEP building, ten offices within City Hall will be freed to house various executive staff positions, such as the Chief Economic Development Officer, Central Business District Administrator, and the expanded Communications Department.

In addition, this allows Fire Station 2 to free-up space by providing an off-site location for administrative positions including Emergency Management Coordinator, Fire Plans Examiner, and Fire Prevention Specialists, moving a number of positions housed in the Fire Training Center into Fire Station 2.

The Information Technology (IT) Department has grown by 75% over the last three years and requires additional office spaces to house staff. IT proposes to utilize the City Hall open space breakroom between the IT Department and Human Resources. The IT buildout will create six cubicles and two offices in this area. The total cost for this office buildout is $216,079.97, as detailed below.

Information Technology Department $216,079.97
Buildout 80,000.00
Electrical 25,000.00
Carpet 11,436.34
Furniture 50,000.00
Card Readers 10,000.00
Cable Pull 10,000.00
IT Equipment 10,000.00
Contingency 10% 19,643.63
Lastly, staff is recommending remodeling the existing kitchen in City Hall to create a break area for staff. IT’s requested buildout will remove the current space utilized by staff as a break area. Human Resources met and conferred with the Management Association of Palm Springs (MAPS) to discuss the request and negotiated the buildout of the former breakroom for IT staffing needs, in return for which the City would remodel the kitchen to create an improved break area for staff. This remodel will include replacing the flooring, cabinets, aged appliances, and the purchase of tables and chairs for staff to utilize as a breakroom. The total cost for this buildout is $60,500, as detailed below.

Kitchen and Breakroom Remodel 60,500
Buildout 40,000
Equipment 10,000
Furniture 5,000
Contingency 10% 5,500
Item 1H - Page 4
Staff is recommending approval of these department buildout projects to provide adequate office space for existing employees in an amount not to exceed $915,011.33; and amending PUB Construction’s Agreement adding an additional $348,673.14 for an amount not to exceed $1,098,673.14 for the buildout portion only.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (c), Staff has determined that the City Department Buildout Project is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2A – Improve City Facilities.

FISCAL IMPACT:

Staff has secured estimates through their on-call contractors and vendors to identify the estimated relocation, construction, and equipment cost of each department buildout.

Sufficient Deferred Maintenance funds are available in account 5206570-50119 for the proposed City department office buildout projects.

REVIEWED BY:

Department Director: Lauri Aylaian
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment No. 2
B. Public Integrity Disclosure Form
C. Agreement No. A9136 & Amendment No. 1
Item 1H - Page 5

ATTACHMENT A

Item 1H - Page 6
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A9136

FOR BUILDING REPAIR AND RENOVATION SERVICES
This Amendment No. 2 to the Contract Services Agreement (A9136), (“Amendment No. 2”), is made and entered into this day of , 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and PUB Construction, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. On June 16, 2022, the City Council approved A9136, made and entered into on June 20, 2022, in reference to the competitively solicited Invitation for Bids (IFB) 22-19 with Contractor.

B. On May 11, 2023, City Council approved Amendment No. 1 to amend A9136 to add $450,000 for a maximum contract amount not to exceed $750,000.

C. Cities desires to amend A9136 to add 348,673.14 to facilitate the City’s Department Buildout projects for Fire Department Administration, Human Resources, Economic Development, Information Technology, and kitchen remodel, for a maximum contract amount not to exceed $1,098,673.14.

D. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.

SECTION 2. 3.1 Compensation of Contractor. Is hereby replaced in its entirety as follows:
“3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $1,098,673.14.”
Item 1H - Page 7
SECTION 3. Full forces and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9136, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provision of the Contract Services Agreement A9136, the provisions of this Amendment No. 2 shall in all respects govern and control.

SECTION 4. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. A9136 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
Item 1H - Page 8
SIGNATURE PAGE TO AMENDMENT NO. 2 (A9136) BY AND BETWEEN THE CITY OF PALM SPRINGS AND PUB CONSTRUCTION, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1H - Page 9

ATTACHMENT B
Item 1H - Page 10

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-19)

BUILDING REPAIR AND RENOVATION SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

Item 1H - Page 11
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

What if I Have Questions?

Item 1H - Page 12

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. Address of Entity (Principal Place of Business)

3. Local or California Address (1f different than #2)

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
[yj" Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

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.

Chris y,· LOO .,0 1 eui Cans±w.diav-i. lr1c , '
[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 Item 1H - Page 14
City of Palm Springs, CA.

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1H - Page 15

ATTACHMENT C
Agreement No. A9136 & Amendment No. 1
Item 1H - Page 16
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

CONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract
Company Name: PUB Construction, Inc.

Company Contact: Chris Yi
Summary of Services: Building Repair and Renovation Services Contract Price: $300,000
Funding Source: Facilities: 5206570-40105 / Airport: 4157050-40105 Contract Term: June 20, 2022 through June 19, 2025
Contract Administration
Lead Department: Facilities Maintenance
Contract Administrator: Daniel Martinez
Contract Approvals
Council Approval: 6/16/2022
Resolution Number: 1.P.

Agreement Number: A9136
Contract Compliance
Exhibits: Yes
Signatures: Yes
Insurance: Yes
Bonds: NIA
Contract Prepared By: Procurement and Contracting
Submitted on: April 7, 2022 By: Brian Sotak-Rossman
Item 1H - Page 18
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A CONTRACT SERVICES AGREEMENT A9136

BUILDING REPAIR AND RENOVATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on June 20, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and PUB Construction, Inc., a California corporation, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
A. City requires the services of a licensed contractor, for building repa1r and renovation services, ("Project").

B. Contractor has submitted to City a proposal to provide building repa1r and renovation services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor 1s 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.

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.

Revised 2.9.22 Page 1 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

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 $300,000.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice.

Revised 2.9.22 Page 2 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

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 three years, commencing on June 20, 2022, and ending on June 19, 2025, unless extended by mutual written agreement of the Parties.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Revised 2.9.22 Page 3 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

5. COORDINATION OF WORK

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 expenence, 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 Revised 2.9.22 Page 4 of 25
Item 1H - Page 22
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 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:

Chris Yi President

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, Revised 2.9.22 Page 5 of 25
Item 1H - Page 23
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor's liability for such claim, including the cost to defend, shall not exceed the Contractor's proportionate percentage of fault.

8. RECORDS AND REPORTS

8.2 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.

Revised 2.9.22 Page 6 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

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.

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.

Revised 2.9.22 Page 7 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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 fu]] 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 Revised 2.9.22 Page 8 of 25
Item 1H - Page 26
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 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:

To Contractor:

City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
PUB Construction, Inc.

Attention: Chris Yi
23545 Palomino Dr., #104
Diamond Bar, CA 91765

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

Revised 2.9.22 Page 9 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Revised 2.9.22 Page 10 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PUB CONSTRUCTION, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

I{ DocuSigned by:

By: _ .o,, L-~...;.; 7Jw,QC.;+
0 ~~~Q
44+-47~""''.l5>4<4S~C~ ... -------
l{DocuSigned by:

By: L9:~B9~~354BC
Signature Signature
(2nd signature required for Corporations)
6/18/2022 6/22/2022
Date: ___________ _ Date: ____________ _
CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: 6/16/2022 Item No. 1.P.

APPROVED AS TO FORM:
1h DocuSigned by:

By: _ L~j =~ =56-•1...,.4s..,._JC...,.~ ..... :o,,__7!7_oJli_·_~ ____ _ Jeffrey S. Ballinger,
City Attorney
APPROVED: IA DocuSigned by:

By: ~~;f~70s1~~
City Manager - over $50,000
ATTEST:
r-: DocuSigned by:

By: _L~-,,. ....7~=95=f9 .... : .... ec .... :_.4~ ...... ~....--------- Monique Lomeli,
City Clerk
6/20/2022
Date:
------------
Deputy/ Assistant City Manager - up to $50,000
Director - up to $25,000
Manager- up to $5,000
Revised 2.9.22 Page 11 of 25
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DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A Revised 2.9.22
EXHIBIT "A"

CONTRACTOR'S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance

Page 12 of 25 ends

Palm Springs City CouncilNovember 9, 2023

Palm Springs City Council
November 9, 2023