January 2020
Item 1S - Page 45
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Local Assistance Procedures Manual
~ .. Wlnkk!man..._
"··-- ·· P~Chlef Nns_Mjtt
~•-., Eubw\lr• ar....1•
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Prot.d Mt,_lft',Hlllhwllv Petti Mariena
CMIADodtt• N•u-, Dun• •s.m•
,-r.-n Man.Mer Bed.Richard
Senior •~-1st Ttdwe-lLTimAuoctac• 11m-1 ... Partm. John Auodttell,.._..., Phaneuf, - ..
AModlte .. .,J_,- fial.~-.... _..,
AlilbtlM 11...._kt MN, Tml
Alslitant 11-'----'- 1 .. ........ S...GtSAnalwt Md'---. Jaw.s
LAIOACOSTS
1) Subtotal Direct Labor Colu
b) AnUdp.ted Salary lnause1 (Me PIP 2 fof uffllMI)
INDIRECT COSTS
d) frina< a.n.llt> (Rat•
tl Oi,erhead (Rat•
h) General and AdmlnhtnUV. (Rate
~Acuptuu.•. 02010-06&t
RX£DFU
11 CX>N5UlTANT'S OTHla 0MlCT COSTS 1l'VV"l - fTlMIZl 1.,....,. adllltJ__. ~-....... M"--·•Co&u Prfnllrw and •------lu TrM 1f1~; Hot.el l\ffltal ca, Pt, Dleffl1 Aaf\al M-""'...., U.rolech Mr...z .... ,
1n1- -- Mi-•--
<lJJt other dW.a cost,,
<llltoct.directcmt>
CUit other dN'.a COIi>
cUst othet' dM'ect COit>
tn) SUKONSULTMTS' COSTS (AM t.ittloMt ,.._ I MC.e6WY)
Ccp10Mltnourte MINJ!fflenl
Conutch Enflnwlld Solution,
Tot.alHouu
, .. s 120 s 120 s 176 s ISS s 67' s 17 s so s :I04 s .. s so s 100 s IM $ !M s 11,4'2
EXHIBIT 10-H1
Cost Proposal
61.51 s 14,779.20
SUI s 706!U0
S0.00 s 6000.00
46.SO s 1,114.00
50.10 ~ ':us.so J6.00 s 2A 264.00
121.10 s 2,111.10
51.70 s 2 tl5.00
44.75 s 1),604.00
u.sa s 1 743..20
41.97 s 2.091.SO
J6.JO s 3 630.00
31.20 s 5,740.10
51.lt s 41TI.66
1.u,,s,o.11
50,20.IO
c) TOTAL DltiCf LMOA C0ffl l(• )t-(b)J 1.117M0..51
•I TOTAL FJIINGI MNEffTS ((c) • Id))
ll"""'-dllt)•lm
IJ Gen & Admln ((cJ • fh)I
513,444.40
.. ,.n-4.06
J)TOTALl,.,_CTCOST5 lt• l•lal•llll S l,10111751.00
ll)TOTAL FIJlfD fH l(c.) • (JH •flAN l..: _ _,10. = -=--''--....::"'::.s.:.: 1'::U::..S -·•---·
a.-,tN
,._ ...
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""" -- TOrAL .... $0.625 $14 965.00
I.S Sl.000.00 $1NWI.Q0
I.S Sl.000.00 $1,000.00
I.S $16,llO.OJ $16,120.00
I.S $5,000.00 $5,000.00
$0.00
$0.00
$0.00
$0,00
I) TOrAL OTHO -er COSTS _ __,$4c;;5:,.,7:.;:IS::,•::00:.. $ll,....u pao,000.00
5'04.MO;J6
$216.m .so ml TOTALSUICOHSI.A.TAHTS' COSTS s.1.w,116.00 n)TOfA&.DTHUt DIUCT COSTS INCUJOtNG SUICONSULTAHTS 1(1) + (m)] S1.159,901.00 TOTAl COST ((cl+ U) + (k) + (nJ) $ 41457,215.16
Notti :
1. Key personnet JDM8 be marked wtth 1n 11tef11k (•) 1nd tmpk,yees that are subJKt to pra-v1lllnc .. e requirements mus:t be muttld with two uter1sks , .. ,. AU emu mun compfy wtth 1he Ft<Mf1I cm1 princlplH. Suba>nsultanu wtl prOYlde their own cost p.-opoi.alL
2. The cost proposal format 1h1H not be amended. Indirect COJ:t rates shll be updated on an 1nnu1I bts:11 In 1ccordlnce wttt, the consultant's ennu11 KCOUnt1nc pt-rlod Ind e.n1bfls:hed by • coenlunt 1,ency or accepted by Cah.rans.
3. An1k:lp,ted 11lary lncru 111 cakulatfon (i,.1e 2) must aa:ompany .
Paga 2 of 20
January 2020
Item 1S - Page 46
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Local Assistance Procedures Manual
EXHIBIT 11:Mfl COST PROPOSAL ('11• 2 ol 3)
EXHIBIT 10-H
Cost Proposal
ACTUAL COsr:1'1,US:[lXEQ UC OR Ll/MUYtd (FIRM FIKEO PIIICE) CONTIIACTS (SAMPLE CALC\JlATIONS FOR ANTICIPATED SAlARY INCREASES) Consultant Mfchnl Baker lntem1tlon1I, Inc. Contract No. TBO l . Calculata a-qa hou,ty rate for lit y-of contract (Direct Labor Sublolal dhllded by totol hours) Direct labor Total Hours AVI
~f>«Colll cost Proposal Hou,ty
Proposal Rate
608,409.08 18,462 32,95
2, Clkulate hourly rat• for all ye1n (lnaHM 1M Awtrll• Hourly rate for I y.•r by proposed aaladon%) Aver111e hourty rate Proposed EtcoloUon
Yearl $ 32.95 5% s 34.60
Yeu2 s 34.60 • 5% s 36.33
Year3 $ 38.33 5% $ 38.15
Year4 s 38.15 • 5% $ 40.06
3, Calculate .,llmoted hour per yNt (muldply ml-. 1' oodl yea, by total.._,) Estimated " Completed Total Houri Per Cost Total Hours per heh yea, Proposol Yea,
Year 1 3.0% 18-462 553.9
Year2 32.0% lB-462 5907.8
Year 3 65.0% 18,462 U000.3
YHr 4 0.0% 18-462 o.o Yews 0.0% 18462 0.0
Toal 100.01' Total 18462.0
4. C.kuloto Total <:Ma lncludlnc EJulotlon (multiply•-... houriy rate by the number i-n) Year 1
YHr2
Year 3
Year4
Years
Notes:
Ava Hourty Rate Estimated hours
(Colculated aboYe) IC.lculated above)
s 32.85 553.9
s 34.eo 5907.1
s 36.33 U000.3
s 38.15 o.o $ 40.06 0.0
Total Direct l.tK>r Cost wtth Escalation •
Direct Labor SUbtotll before Est ilitlon •
EJllmated Total of Direct Labor Salary Increase •
Cost P•r
Year
s 18,252.27
$ 204,425.45
$ 435,001.16
$
s
$ 658,678.88
$ 608,409.08
$ 50,261.10
DIie 8/ 16/2022
Syoa,
Contract
Duration
Year 1 ave
Hourty rate
Yen 2 Ave Hourty Rate
YHr 3 Ava Hourt, Rate
Year 4 Av& Hourty Rite
Year 5 Ava Hourly Rate
Estimated Hours Ynr 1
Estimated Hours Year 2
Utlm1ted Hours Year 3
Estimated Hours Yeu 4
Estimated Hours Year S
Estimated Hours Ye1r 1
Estimated Hours Yur 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transferred to ~e 1
1. This Is not the only w1y to estimate Mla,y lnc:ruses. Other methods wtU be acupted If they dH,ty lndk:ate the " lnaun, the number of y,ears of the contract, and I breakdown of the laibor to be performed Heh year.
1. An estimation that Is blHd on direct llbof" muttlplled by ial•ry lnaeas;e "muttlplled by the number of yeu Is not Ka!ptlblt . (l.t., S250,000 • 21' • 5 yrs • $25,000 Is not an -••toble mothodolofy).
3. This assumes that one year wlll be worked at the rate on the tOJt proposal before salary lnaeases are 1r•nted.
4. Cllcutatlons for ,ntldpate.d salary ncalMlon must be provided.
Janua,y 2020
Item 1S - Page 47
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Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAL (Pace 3 of 31
Certification of Direct Costs:
EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs Identified on the cost proposal(s) In this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract.
3. Title 23 United State Code Section 112 • Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained In the project flies and be In compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement
Prime Consultant or Subconsultant Certifying:
Name:
Signature:
Email: _c_al_be_rts~ @l ~m_b_ak_e_ri_nt_l._co_m ____ Phone Number: ..,_(7_60'-'-')_3_4_1...;-6c.c1..c1..;. 0 ______ _ Address: 75-410 Gerald Ford Drive, Suite 100; Palm Desert, CA 92211 • Ari lndlvfdual exe.cuttve or flnanclal officer of the consultant1s or subconsultant's organization at a level no lower than a Vice PrHfd,:nt or a Chief Financial Officer, or equivalent, who hH authority to represent the flnanclal Information utilized to establish the cost proposal for the contract.
List of services the consultant Is providing under the proposed contract:
Professional Design and Engineering Services
Page4 of 20
January 2020
Item 1S - Page 48
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Michael Baker
INTE • NATIONAL
Mlchael Baker lntarnllllonal, Inc.
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8/1612022
Item 1S - Page 49
Michael Baker
Michael Baker lnt.mlltlonal, Inc.
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8/16/2022
Item 1S - Page 50
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Michael Baker
IIITE • NATIONAL
Michael Baker lnlematlonal Inc
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Western Coachella Valley Flood and Blowsand Road Improvements Project, Phase One Fee Worksheet • August 16, 2022
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8/16/2022
Item 1S - Page 51
Michael Baker
IIITE • NATIONAL
MlchMI Baker International, Inc.
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Item 1S - Page 52
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Michael Baker
INTE • NATIONAL
Mlchael Baker lntematlonal Inc
Coachella Valley Association of Governments (CVAG)
Western Coachella Valley Flood and Blowsand Road Improvements Project, Phase One Fee Worksheet - August 16, 2022
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Item 1S - Page 53
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Item 1S - Page 54
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Item 1S - Page 59
Michael Baker
INTE • N A TIONAL
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Coachella Valley Association of Governments (CVAG)
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so.oo
I0.00
I0.00
..... IO,GO
..... ...
SO.GO
0 I0.00
..... ..... SO.GO
.. ... I ... 0 .....
-I0.00
..... I0,00
SO.GO
I0.00
.....
-I0.00 -..., 0 ..... .. ,.,. --- 1,1.
, .. U0,114.•a , .. 2IO 142,057,11 2IO
2IO S4Z 45110 2tO
410 M7,02l.29 ,,.,
- t11,111.U 0 I0.00 -0
t tl,001,82 ..
... .. ...
.. ... ..... .. ... I0.00
I0.00
I0.00
I0.00
I0.00
SO.GO
SO.GO
so.oo
so.oo I0.00
I0.00
10.00 10.00
-..... I0.00
I0.00
I0.00
I0.00
.. ...
-I0.00
-I0.00
I0.00
SO.GO
I0.00
..... I0.00
m., ....
188.200.02
15,123.17
--- U0.814 ..
... 2.067.11
$42,451.IO
$87,021.28
ttt .......
I0.00
$11 ,001.92
ikkerTHm
.... ,.
,.
..
..
.,.
,..
,..
1$4
, ..
, "' ..
07 112
, ..
113
2$
.,
..
.....
1,12-1
0 1,2'0
..,
m
. ..
, ..
....
..,
, ....
120
$21
100
, ..
m
m
..
1,111
,,.
2IO
2IO
...
...
,..
...
lllchMI •• ker Total
r....,, ..
,,:s,010.11
$4,DIO.OS
Sl.1:IOJl1
1 130,165.64
..._, .. $31.361.n
Ut,•11.11
123.021.27
l ttUIS.28
542,5(17.12
111,1a.1e
$20,tOLll
132,000.85
.,.,....,.
SUll.15
1 10,M&,II
17 ,513.74
--IO.OO
1 155,504.M
IO.OO
1198,861.01
Sit,IMIC.12
$38,037.34
..........
I H.561..GI
--I 107,512.11
1251,516.2• $30.ffl.H
1101.07U6
$.20,H3.e7
120,Ml.U
IN.111.71
..........
$5,123.17
11111-...
... ....... 142.057.11
'42.456.IO
$87.NlU
tt-.ra.n
t 31,433.71
$77.)()UM
--.,_ _ .....
-- 8/1612022
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-Hl COST PROPOSAL 1,.,, 1 ol JI
AQUAl Q>U::f'lUS.flX[Q (H OIi LU.tdt.1\lM lf~M FIXED PRICll CONTMCTS IDCSfGN, (NGINEERING AN O ENVIRONMENTAL STUDIES)
D Prime Comultan1
COMUlta11t
Pro{K:tNo. CVAG Contr1a No. TIO
ctaHlftudon/Thlc ....... Pr-r•mDltector __..,Vi&ullll:
Mnc:ID,i I lnvtitlutcw fot PiMIIOtl•__, Ml Erk.Scott
PrWldD.1 I lnvestlHtOf fot hlwn•-. U Kim-.
l ukMIIRHW ln\ft:rt!Htot tot _ ... ,
'"" "''"" _ .... ,,. Pelconto......, su.......iuv leitvVreoet.nd GlSSoedllkt ........ Frttbct
TKtnc..!Edhor OitbtHWtbster
I.MOflCOSTS
1) Subtmat Direct lal>Of Coits
b) Antldp,ted Hlart tncr~aMS (see p,te 2 for wirnphe)
INOUU:CT COSTS
d) fr'"t• Bitn•ftts (Rate
rl Overl\t!cild(~•te
h) Gcrwtnal and Aam n~r•tM: llbtc
C.ftrant Acuptance 10; LlOZ l • 146&
FlXEDfU
0 >nd Tlft $ubconwlttnt
Dn rl/U/1.0n
....... Actiaf Hourly
.. .. Toul
I s 52.U 5 416.11
' s 46.67 $ 2-,.0l
" s AO.U S 643.61
51 s JUSIS 2,1n.10 .,. s JL!iO $ 2567.SO
2A s ll.03 s 744 72
2A s , .... s '110<
I s 11.00 IS 26.UIO
"'
1,I01.k
cf TOTAL DIIUCT U.IOR COSTS H•l•lt1U ~·'---"'·="'co·~"
•ITOTALFlltlNG£ 6£NlfrTS Ucl•ldll ~·'--•"~" ~-"~
&)0...ertlddl(t)c(f)) ..,•'--~"~"-'"~
ii Gen & Ad-nln lie.I• (h)I _,I'---''~" "''~'
l) TOTALINDllllCT COSTSUel •Ill• l•ll _,I _ _,,,.,._,..=·'"-' It) TOTALFUIED FU: lkl • tJll• lkHfff -~••~· ... =-~--•~·"-''~"'~ n CONSULT ANN OTHCA INAfCT COSTS Mlv\. nt.Mat tAdil add6tlonlt DI ... w nemuarvl
0.UNMlftnofhcm Quantity """ UnllColt TOTAL
Mr e~ Cosu ,so Mlle S0.625 S156.2.S
O,,k~.i Rcconts Se¥th t( IC) 10 ""'" SllS.00 Sl IS0.00
c.rut1ed Mal 11 SS.oo S'I0.00
.. !al Raconk SYrdl ~HMLACI ' """" S290.oo S510.oo ...... !al Retonfl SH•ch IWSCI ' a~• ~150.00 SJ00.00 clhtotMl'dlirectcmo <4M
<I.kc othff dl,ea co.st> so.oo <I.kt at.he, dh ct COIi> S0.00 <UU oc~ direct ~t> '°-00
l) TCJJAlOTHf:IIDfllf.ClCOffl __ ~IJ~,•~76.lS~
m) TOTAL SUICONSULTANTS' com ___ ~so~oo=-
"' TOTAL OTHU DIRECT COSTS INQ.UOO.GSUM:OHSulTANlS lfll t (ml) ---''""'-'"''-"._"'-,.
TOTAlmsT l(cJ • lll •(kl• lnll al,__U"',044==-"
Notes:
L Key per.sonnelmw,u be marked with an Htt:rt\k 1• ) and empk)ytn that are w bJKt to prn1d1nc aae requ'remenu must bf! marked wllh two ane,lsks t• •). All a,1ts must compfywlth the. Federal cost pr1ndplH. SUbc:onwt11nt, wlN pt"ovlde the.It own cmt pmpowls. 2 The ton propc,$11 lorm1t 1h11 not be amrnded. lndlrKt cost rates shatt be update d on an aMutl bHb lfl 1tc«d1nce with the:
consultant'\ annual a«ountlnc period and established by a mtnlrant ag~ cyor ac«-pte-d by Clltran$.
3. Antklpated Mill ry lnC'fusa cakulatlon IP•1e. 2) must accompany,
January 2020
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Local Assistance Procedures Menual
EXHIBIT 10.Hl COST PROPOSAL (P11e 2 ol 3)
EXHIBIT 10.H
Cost Proposal
ACTUAL COST•PLUS-flXED FEE OR~ (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Consultant :::stone Resource Man;igement. ContrKt No. TBO o.,. 8/12/2022 1, Calculate averace hourly rat• for 1st year of amtract (Direct Labor Subtobil divided by total hounl Dirttt Labor Total Hours Ava SyHr
~Pereo.1 cost Proposal Hoorly Contract
Proposal Rate Duration
7,807.!M 223 $ 3S.01 Yl!iilr 1 avg
Hourty rate
2. calculate hourly nte for all year5 (Increase the Av«ase Hourty rate for I year by proposed escalation"} Average hourty r.ite Proposed Esalatfon
Year 1 s 35.01 3% 36.06 Year 2 Avg Hourty ~te
Year 2 $ 38.06 3% 37.1S Year 3 Avg Hourly Rate
Year 3 $ 37.15 3% 38.26 Yur 4 Avg Hourly ~te
Year 4 s 38.26 3% 39.•t Vear 5 Avg Hourly Rate
3. Calculate estimated hour per yHr (multiply estimate" e:adi ye:ar by total hours) Eitlmated % Completed Total Hours Per Cost Total Hours per heh year Proposal Vear
Yurl 80.0% 223 178.• Estimated Hours Year 1
Yur2 20.0% 223 44.6 Estimated Hours Year 2
Year 3 0.0% 223 0.0 Estimated Hours Ye.air 3
Year• 0.0% 223 0.0 EstJmated Hours Year 4
Year 5 0.0% 223 0.0 Estimated Hours Year S
Total 100.0% Total 2.23.0
4. Calculate Total Costs lndudlnc Escalation (muttlpfy 1vera1e hourly rate by the numb«r hours) Avg Hourty Rate Estimated hours Cost Per
(calculated •hove) (C•kuloted •hove) Year
YHrl s 35.01 178.4 $ 6,246.35 Estimated Hours Vear 1
Year 2 s 36.06 ••. 6 s 1.608.44 Estimat ed Hours Vear 2 Vear 3 s 37.15 0.0 $ Estimated Hours Year 3
Year 4 38.26 0.0 s Estimated Hours Year 4
Years 39.41 o.o s Estimat ed Hours Year 5
Total Direct Labor Cost with Escalation • $ 7,854.79
Direct Labor Subtotal before EscJilaOon • $ 7,807.94
Estimated Total of Direct Labor Salary Increase • $ 46.BS Transferred to page 1 Notes:
1. This Is not the only wr; to esUmate salary lncteHH, Other methods wlll be accepted tf thev dearly lndlate the" Increase, the number of years of the contract, and a breakdown of the labor to be performed uch yeu .
2. An estimation that ls bued on direct l;abor mulllplled by salary lncreue" multl~led by the number of year Is not acceptable. (I.e .• $250,000 x 2" • S yf'I • $25,000 ~ not an acapl'able methodol01Y).
3. This usumn that one year wll be wOl'Ud at the rate on the cost proposal before Al3ty Increases are granted.
4. Calculiltions fOf anticipated salary escalatlon must be provkfed.
January 2020
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Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAL (Pase 3 of 3)
Certification of Direct Costs:
EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs Identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract.
3. Title 23 United State Code Section 112 • Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 · Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 • Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained In the project files and be In compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement
Prtme Consultant or Subconsultant Certifying:
Name: Molly Valasik Title•: CEO/CFO
/Ml,,UJ,.;._ Signature: -~-_..'--________ Date of Certification (mm/dd/vvvv): 8/12/2022 Email: .1,ro=va=1a=s=lka5@"'coa!!a51es"'to.,ni!ae.!a!coma!!!o.__ ___ Phone Number: -'7-'1;,,;4-' · 9;;..;7_4'-·.c.B3c..OO;;.;;..; _______ _ Address: 1518 W. Taft Avenue, Orange, CA 92865
• An lndlvldual executive or flnandal officer of the consultant's or subconsultant's or1anlzatlon at a level no lower than a Vice President or a Chief Flnanclal Officer, or equtvalent, who has authority to represent the financial Information utlllzed to establish the cost proposal for the contract .
List of services the consultant Is providing under the proposed contract:
Cultural and paleontological resources services.
January 2020
Item 1S - Page 63
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Coachella Valley Association of Governments (CVAG)
Western Coachella Valley Flood and Blowsand Road Improvement Project, Phase One Fee Proposal -August 16, 2022
r.--
- -- -- ... ._ -- --- ---·- -- - ----
~-- ---~-~--, - -- -- -- -- T-- ,u~.t-i .. - ""-" -- la.a , ..... ..... ....., u =---- -- • • " • ,. .. .. . .. -- . . . . I . . • S.M ......... ~w..~ . ., ~""-d!-~o..atplon
u -- . ' ,. .. ,. .. .. • u , .. .....
'-"
..... ----- ll - - .,... __ . . " .. ,. .. .. u ' u, ~~.....,_........,FIDodpl.M ll w- - - •
T--
--
-
m
• •
•
"'
.
•
. .
m
.
.
.
m
..... ----- • • • • " .. .. -- -- -......--...... --1 .... 1 ....... 1 -...1 -I .,_.1 ......
·-----.,,,_ ..
.. .. ... .. .... '1t.M&.1t
.. .. .. .. ....
.... , ,. ..... 11
....
,._.,
....
-· ........
_,. .11 ...
8/1612022
Item 1S - Page 64
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Coachella Valley Association of Governments (CVAG)
Western Coachella Valley Flood and Blowsand Road Improvement Project, Phase One
Fee Proposal - August 16, 2022
Contech Engineered Solutions
Name Not Applicable
$0.00
•
E• ldan (F,-11Mf1):
Total Contech TotalContech
Engin..-.d Enginae,.d Solutions
Solutions Hours Fee
•
$200,000.00
$0.00
S200,NI.OO
8/16/2022
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Local Assistance Procedures Manual EXHIBIT 1 O.H1
Cost Proposal
ProtectNo.
a-ffl......,,,... P1C
PM
Sr. Alent
·-,
1nuav Me ..... «
unarv Coordinator
""""''
IMOIICOST1
•I Subtoo.1 Direct Ubol Costs
EXHIIIT 10-Hl COST PROPOSAL 1, ... 1 oUI
ACTUAi. CDsl·rwHWQ flC GaWM.e.JWll! (RftM FIICID PIUa) CX>ffflACTS (DESIGN, ENGI NEERING ANO ENVIRONMENTAL STUDIES)
D 1rlrMC.onlUltant 0 2.nd 1* Subcoruuh:ant
Cotltrtct No. TIO O.te 1/16/2D22
...... - ..... ......... - Mendou• " s -101.17 s Kim 91bicNt• , .. $ II0.32 $ .kilvVok,...._ IOI $ ..... $
Tim McCloud 564 s 32.03 $
CUrtb l4boltt 333 s u.n s H1ben Wo6dw-rNf'Ym 294 $ ss.n s Tlffarw McOoud ]70 ' 29.11 I! Toul Houn 2,(113
b) Antidpated 5111-,y N.ru.ws (Me JMI• 2 f« umple)
-crcom
d) Frfnl• !Mn.nu (Rate
f) O\oerhud (Jute
h) GeMtal Md Adf'Nrllltl'lltve (Rate
c:.ltren, Aa:.epCIIMa ID: DJOJO.OUI
c) TOTAL DIN:CT lA.ICNI C'OSn l(•l+lbl}
e)TOTAl.fNNGlllNERn l(c)xfdl)
1JO..,,,...llcJ • IOI
I) Gen I Admtn (le)• (hlJ
51.101.11
Sl.tll.10
l) TOTAl .. DIMCT COSTS ll•I •flJ •flU
Total
4.975.12
1],49J.7ti
14 192.64
11 ... .,2
21 ll&76
10,491.74
11Jll9.10
... , .....
110.UO.oJ
FIXED FEE k,) TOTAlAXID flf l(cl• U)I • fbied t•: _ _..alOcc"°" =----"----"JO."'U=S.=•cc...• II COHSULTANT"S OTHO OW:CT COSTS ,nnn · rrlMllllAdd llddftloflal -•---· "---o1" .. ~ - Un~c...t TOTAL MlleHl"Cosls 2400 Mio S0.'25 s =oo Peindna. and Aarv ......... -.. Ssoo.oo Tl'M ,-.. ... Hat-', Rent,( Cit,,.., Dleml S0.00 """""""' $27000.00 ADnnlsal $236 250.00
- •~..i S110500.00
II TOTAL OTMtR DIUCT cons $37S.750.00
rn) SUICONSULTAHn' com &AIM ... ltJoNI PIii"" MeeNMY)
m) TOTAL SUICONSUI.TANTS' cosrs ___ ..,:$0.,::00=.
Notes:
n) TOTAL OntUI DltECT com INQ.UOtNCi SUICONSULTAH'TS 1(1) • tm)] TOTALCDST {(c)+OI +(ltl•(")I
$375,750.00
6041N(U6
1. Key personnel mYJ1 be marbd wtth an utfflsk (•) and employee1 that are 1ut,Jec:t to prevaltna 11e requirements must be marited with two est«tsks 1° ). #JI cosu must compty with the Federal cost p,lndples. Subconsuh.1nu wtll prOYkte their own cost proposals.
2. Th£ CO)t propoul format shall not be amended. lndk«t cost rttes shall be updated on an IMUII bisls In accordance wtth the consultant's 1nnu1I 1ccount1na period and utabllshed by• cocn111nt 11encv or accepted b"f Cllttanl.
3. Antldpated salary Increases calculadon lPa1• 2) ffl\llt accompany.
January 2020
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Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAl tPoae 2 of 3)
EXHIBIT 10-H
Cost Proposal
ACTUAL COST-PLUS-FUIED fff OR Ll1l!!U!IM lflRM flXfO PltlCf) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Consultant Monumfflt Cont~ct No. TBD Date B/ 16/2022
1. C.lcul- overqo hourly rote lot 1st ~•r °' '°"""" IDlroct Labor SubtOQI di.tdod by total houn) Direct Labor Total Hours Av1 Syeor
~Per Cool cost Proposal Hourly Contract
Propoi•I Rate Duntlon
94,140.34 2,083 45.19 Yearlayt
Hourty rate
2. C.fa,late hourly rate for all yurs (lnauM the Awrq• Hourly rate for I year by propoud Kalatlon,C,) Aveniae hourty rate Proposed Escalation
Year 1 $ 45.19 5% s 47.45 Year 2 Ava Hourty Rate
Year2 $ 47.45 5% s 49.83 YHr 3 AYI Hourly Rate
Year 3 $ 49.83 5% s 52.32 Year 4 Av, Howiy Rate
Yur4 $ 52.32 5% s 54.93 Ye1r S Ava Hourly Mate
3. Calculate atlmated hour per yur (mulUpty ut1mn.1 " •ch year by total hours) Estimated " Completed Total Hours Per Cott Total Hours per Eoc:h you Proposal Year
Year 1 25.0% 2083 520.8 EstJmated Hours Year 1
Year 2 85.0% 2083 1354.0 Estimated Hows Year 2
Year3 10.0% 2083 208.3 Estimated Hours Year 3
Year4 0.0% 2083 o.o Estimated Hours YHr 4
Years 0.0% 2083 0.0 Estimated Hours Year 5
Total 100.°" Total 2083.0
•· C.kuloto Total Colts lndudlnt Escalotlon (multiply•••- hourly rote by the numbo, hours) Av1 Hourty Rate Estimated hours Cost Per
fC.lculoted above) fC.lculoted above) Yur
Yeul $ '5.19 520.8 s 23,535.09 E:s.tlmated Hours Year 1 Ye.-2 $ •7.AS 1354.0 s 64,250.78 Estimated Hours Year 2 Year3 $ 49.83 208.3 s 10,378.97 Es.tlmated Hours Yur 3
YHr4 $ 52.32 0.0 s Estimated Hours Yur 4
YeuS $ 54.93 0.0 s Estimated Hours Yur S
Tot,I Direct Labor Cost wtth EscalatJon • s 98,164.84
Dlrect labor Subtotal before Escalation • $ 94,140.34
Estimated Total of Direct Labor Salary Increase • s .,024.SG Transferred to p11e 1 Notts:
1. This Is l'IOt the only way to 1.stJm1te s-'•~ lncreun. Other methods wtll be accepted tf they d11rty lndltate the" Increase, the numbt.r of years of the contract, and a breakdown of the labor to be perfonntd Heh year.
2. An esttmaUon that ls based on direct labor muttlpHed by slbiry Increase" multlpUed by the number of year ls not acceptwble. (I.e., S250,000 x 2" 11 S yrs • $lS,OOO Is not an ecces,Qble methodolo,y).
3. This 11sumn that ont ., .. , wNI be worked at the rate on tht cost proposal before sala,y lnc...asn are &ranted.
4. c.alculaUons for anticipated salary escalation must be provided,
January 2020
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Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAL (P•1e 3 of 31
Certification of Direct Cosb:
EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs Identified on the cost proposal(s) In this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract.
3. Title 23 United State Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistent ly and falrly to all contracts. All documentation of compliance must be retained In the project flies and be In compliance with applicable Federal and State requirements. Costs that are non-compllant with the Federal and State requirements are not eligible for reimbursement
Prime Consultant or Subconsultant Certifying:
Name: Joey Mendoza ____ Title•: Vice President
Signature: ~ ____ Date of Certification (mm/ dd/yyyyl: 8/16/2022 Email: .1,im=""=do= za:!=S!= lf&m=on= u:!m=e=!n.!!a trow=!!!co~m~ __ Phone Number: _94_9_-3_7_8_-06 _ 8_7 _______ _ Address:
• An lndlvldual executive or financial officer of the consultant's or subconsultant's Ofganlzatfon at a level no lower than a Vke President or a Chief Flnandal Officer, or equMlent, who hili authority to represent the flnandal Information utlllzod to establish the cost proposal for the contract .
List of services the consultant Is providing under the proposed contract:
Assumes 62 parcels, 24 ownerships, Assumes 10 rights of entries will be obtained, Assumes 45 appraisals/reviews will be required, Assumes BLM and Coachella Valley Conservation Commission will require yellowbook appraisals, Assumes eminent domain coordination for 3 private property owners, Assumes 18 potholes at $1,500 each, Assumes 16 utility owners are In the project area, Assumes 7 utility facilities will be In conflict, Assumes 1 Utility Agreement will be needed .
January 2020
Item 1S - Page 68
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Coachella Valley Association of Governments (CVAG)
Western Coachella Valley Flood and Blowsand Road Improvement Project, Phase One Fee Proposal - August 16, 2022
Monument
--- -- ...,.,_ -- cwo,- --- -- - ... .. IZILJI ,.., ... -ftff ·-.11 - 11, n -., -..... --,...., - u - '""'"'-· • - - .. 11
• • - -- 11 • u ·---eo..~-.1 0..- . • .. • 12 12
... " ·--- u ----- . ,. • 11 -- .. .. ,.. ... ... u -- • .. u ~ . 12 .. 12 . 11 --- • • • u - • • • • ... ... .. LI - ,., ,., 11 u .. 14
...................... • .. - .. .. - ...
·---
.....
114
..
•
•
..
·-,.,
..
24 -...
..
... --- __ ,._ ---'11111111 ___ ,_ ---1 - ....... .... fTT • - _,_I
T .... ..._.,._
-.,._,,., --- M.710.12
.....
., .. 13,611.00
-. .. .........
., .......
$2,11fM
m.•-
_,...., ........,
-.. ------
---
8/1612022
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Cost Proposal
EXHIBIT lo-Hl COST PROPOSAL (Pqo 1 of IJ
A.gu.u.COSJ:f'lUS-fWP HE OR Wfdt.W {FIIIM FlXIO PIUCltCONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAi. STUOtES)
• .,imc Conw kant 0 .ubconloUlt•nt n 2nd Tier S\ibCONUtt•nt Cfflh Med\ank:&. Inc. (EMI)
- Ho. Contract No. 180
----- o.t• 1/15/2022
0.--/Tlllo ...... -- .............. Taul
Pf'lndoel Alahesh Tm.walral1h 170 $ -- 91.00 $ 1$.110.00 Ser1'of f naff'IN't/G-.t 0 250 $ 62.00 $ !$<MOO
Sr.-G-ttt 0
Protect Cneln"'''-"' 0
Sena l.c:hnl&n 0
Sr. Stafl[ ... u- 0
PrindDIII EnalnHt 0
St. Pr--.rtfn&ll"let':f 0
Staff fnalnH, 0
Todlnldon 0
LAIOACDSTS
•I Subtotal Dir.a lib« tosu
b) Antldpttad s.t1rv lnctHMi (Jtt P81• 2 for umpte)
INDUlftT COSTS
d) ff1np a.neftu (Rate
t) OWthead (Rate ,___!!!:!!!.)
h) General and Admtnfstrattw (ftate _.!:!!!!!. I
Cllftnm AcAptana IO: OJ020.0ift
'""""'
1'0 $ SS.10 $ 1.116.00
2'.10 $ 41.70 $ 11.201.00
160 $ 47.50 $ 7 600.00
2'.IO $ 46.10 $ 10 603.00
0 • 14.20
0 $ 59.90 s 0 $ 41.00
0 $ U .10 s Total Hours !,le,)
c:) TOTAL DlllfCT LUOII CDSn U• )at(tllJ ..,s'-----''.=a' ... =U~7- e)TOTALfllWGtllNlFITS (tt)11fdll
II°""""'"' U<l • (OJ
I) Gon & Adm., l(cJ a (h))
'4,Jll.lJ
"',401.11
J) TOTAi. INDIUCTCOSTSII•) • lll + (II) U0.714.1.5
ll)TOTAl.fLUDfU !(c)+(IJl•flMdfN: _---'10.~°'"'=-~'-----'20,=)1~S.~S9'-- n CONSUI.TANT"S OTHO DtMCT COST$ l nnt'I. rTtMU 1£.w •dclhJ~ --w-• ~-o1- °"""'"" Unit U..ftc:Olt TOTAL ua.-ecosu 4400 Mlle so.ru S2.7SO.OO
Drtl Ml Rental 10 Oov $4500.00 u , 000.00
lrafflcContr°' 5 Dav S1.750.00 Y.750.00
,., .... 1 LS $2~ $2.Mn.(X)
•va~ Tuu 14 Teat $2.50.00 usoo.oo
II TOTAi.OTHO om:cr C01TS_~$62=.ooo=.oo~
mJSUICOHSUlTAHTS' COSlS (Atld .-....i ,,_w_
m) TOTAi. 5UKON5ULTNffS' COSTS _ __ ~$0~.00~
Notes:
n) TOTAi. OTHO DllltfCT COSTS IHQJJDtNG 5UICONSUllAKTS ((I)+ lmll TOTAi. COST {1,1 • W • l'l + (nlJ
SIJ,000.00
1. Key personnel mYIS, be martled with an asurbk (•) and employefl thtt tre a:ubJect to prevalUna ace requlremenu must be mwked with two 1.nerbks (••), All tCKlJ must comply with the Federal co,;t prlndptt.s. Subconsultants wll prcwldr thdr own cost pr0po$,tls.
2. The cost p,oposal format shall not be 1me:nd~ Indirect cosc rates shal be updated on an annual bub: In accordance wtth the coNuttant's annual aaountlnc period and estabtbhed by• c:ocnb.ant acencv or accepted by Cahrans.
3. Anticipated salary tncr11s11 calculatlon (PIie :Z) must eccomp.lfly.
January 2020
Item 1S - Page 70
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Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAL (P111 2 of JI
EXHIBIT 10-H
Cost Proposal
AquAi, COST·PbYHIX!Q FEE OR J.llMUYM (FIRM FIXfD PRICll COHTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASESI
Consultant Earth M•chanlcs, Inc. (EMI) Contract No. TBO Date 8/15/2022
1. C.kulete awra1e hourty rate few lit year of contract (Direct Labor SUbtotal dMded by total houri) Direct Labor Tor.I Hours Avg Syur
~,,_c ... cost Prop0S,1,I Hourty C-nct
Proposal Rat• Dt.lratlon
69,530.00 1,200 57.94 Year l av1
Hourty rate
2. C.laule hourty rate to, al yu,1 {lnaHM the Awraa• Kourty rat• for a year by proposed ncalatlon"I AVffage hourly nte Proposed Exllltlon
YHr 1 s 57.94 5% $ 60.&4 Year 2 Ava Hourly Rate
Year 2 s 80.84 5% $ 63.88 Ye.1r 3 AYI Hourly Rate
Year 3 s 83.88 5% $ 67.07 Ye1r 4 Ava Hourly Rate
Yeu4 s 87.07 5% $ 70.43 YHr s Avs Ho...-ty Rate
3. C.culote Oltlmotod hour per -• (multiply mlmate " ood! ye..- by total h...,,) Estimated" Complettd ToQI Hours Per Cost Total Hours per Eldl vear Propc)Sal Year
Year l 20.0% 1200 240.0 Estimated Hours Vear 1
Yur2 110.0% 1200 720.0 Estimated Hours Yeu 2
Year3 20.0% 1200 240.0 Estimated Hours Year 3
Ye1r4 0.0% 1200 0.0 Estimated Hours Year 4
Years 0.0% 1200 0.0 Estimated Hours Year S
Total 100.0!I Total 1200.0
4. c.lculate Total Cam lndudlnc Escalatlon (multlply ... ,.,. hourly rite by the number hounl AY& Hourty Rite Enlmated hours Cost Per
(Colculat•d ebove) (Calculated •bov•I Year
Yurl s 57.114 240.0 $ 13,906.00 Estimated Houri Year 1
Year 2 s 80.84 no.o $ 43,803.90 Estimated Hours Veu 2
Ye-.r3 s 63.88 240.0 $ 15,331.37 Estlm1ted Hours Ye1r 3 Year 4 s 87.07 0.0 $ E.stlmated Hours Year 4
YHr5 s 70.43 0.0 $ Estimated Hours VHr 5
Total DlrKt labor Cost with E.sailadon • $ 73,041.27
Direct Labor subtotal befCN"e EICll1tlon • $ 69,530.00
Estimated Total of Direct Labor S..l1ry lnc.reue • $ J,SU.27 Transferred to pqe 1 Notes:
1. This Is not the onty w,y to e,Um1t1 sala,y Increases. 0th« methods wlU be accepted If they dearly lodltMI the " Increase, the number of y,e1r1 of the contract. and • brukdown of the labor to be petformed uch year.
2. Ari tJtlmatlon that Is based on direct llbot muhlplled by s.al1,v lnaeasa "multlplled by the numbu of rea, IJ. not aa:eptablt . (I.e., $250,000 • 2" • 5 yrs• $25,000 11 n01 an acc::eptabte methodoh>tv),
3. This assumes that one year wlll be worttd at the rate on the cost proponl beh>f't u lary lnctHSH ire a ranted. • · Caku&atlons for anticipated 1111,v escalttlon must be provided.
Janu&tY 2020
Item 1S - Page 71
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Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAL (Pace 3 ot 3)
Certification of Direct Costs:
EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs Identified on the cost proposal(s] In this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract.
3. Title 23 United State Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 • Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be In compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement
Prime Consultant or Subconsultant Certifying:
Name: Alaheswaran Thurairajah, PE, GE Title•: ..:.P..:.re::.s:..id::.e::.ncct;_ ____________ _ Signature: ~ Date of Certification (mm/ dd/YY'fV): 8/15/2022 Email: £A1=,I!a!hau!!ara!l.1=! rat~a~hC!!ll!el!la~rtllah!!lmaech~ .il!com1!5olL _ Phone Number: ..:.7..:1..:. 4..:.• 7..:5:.:1:..·::. 38::.2::.6::.... _ ______ _ Address: 17800 Newhope Street, Suite B, Fountain Valley, CA 92708 • An Individual executive or financial officer of the consultant's or subconsultant's organl21tlon at a level no lower than a Vice President or a Chief Flnanclal Offlc«, or equtvalent, who has authority to represent the financial Information utlll1ed to e.stabllsh the cost proposal for the contract .
List of services the consultant Is providing under the proposed contract:
541330 - Geotechnlcal Engineering
541380 - Laboratory Testing
January 2020
Item 1S - Page 72
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Earth Mechanic•
-n
ti&i-.-· ·-:;:ii~ - 10.0 GEOTICHNICAL
10.1 Prollm....-, F oundlllon Report
10.2 G.atecmk:al lnvesdaation
10.3 LlbonltorvTuting
10.4 Gooced,nlcol Eng-gAnllyNI
11.0 11.1 --- -· llumg Bidding 11.2 ConlvuctJon __ Servk:el .., __ , _,,,_, T ___
---.... ,_ ,~
Coachella Valley Association of Governments (CVAG)
Western Coachella Valley Flood and Blowsand Road Improvement Project, Phase One Fee Proposal - August 16, 2022
-h
Thuralntjah
Soni« Engl.-I Sr. l'rojocl Pn,joct !nQI.-I Principal lr. Pt'Ofoct Geologlot Ooologlat Ooologlol S.nlo< Tec:hfflctan .Sr. Staff Ena,n .. , P-pal E....,,_ EnQI.- -Engl.- u as.sa U ID.25 $111.DI S141M 11'45.71 SU1.41 $251.37 '11!1.11 $125.11 1IO no 1M 221 1IO no • • • 30 50 ,o •o 20 20 , o •o 1'0 20 ,0 20 HIO 20
80 120 80 120 70
N N 0 10 0 • • 0 0
20 20 10
170 - 181 - 181 - • • 0
.....,a.n 1'7,IU.81 an-.a ~ SU.U,M -- - - -
T-- T ... I Earth
Technldan -k;a- M•chanlc:a FN
117.92
• 1,1N S212,III.DI
160 $30,814.48
260 $(2,067.58
260 $42,"59.80
,10 $87,021.29
0 IO '11.-.IZ
0 S0.00
50 $11,008.92
• 1 U1,,_.
..... 112,100.00
110,774.IS
_,,., .
8/16/2022
ATTACHMENT B
Item 1S - Page 73
Item 1S - Page 74
74-199 El Paseo Drive, Suite 100
Palm Desert, CA 92260
Date: October 9, 2023
To: Joel Montalvo, MPA, PE
City Engineer
Engineering Services Department
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
TRANSMITTAL
Re: Amendment No. 1 to the Reimbursement Agreement between CVAG and the City of Palm Springs for the Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road for the Western Coachella Valley (WCV) Flooding and Blowsand Project - Phase One
On September 25, 2023, the CVAG Executive Committee approved Amendment No. 1 to the Reimbursement Agreement between CVAG and the City of Palm Springs for the Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road for the Western Coachella Valley (WCV) Flooding and Blowsand Project - Phase One.
Enclosed please find two (2) copies of Amendment Number One to the Reimbursement Agreement which has been signed by the Chair Scott Matas, CVAG Executive Committee and is ready to be processed by the City for City Council approval and signatures. I also have included a copy of the Staff Report associated with this approved agenda item. It provides the project background and fiscal analysis associated with the local share(s) of project costs by city and street location.
Once executed by the City, please return the two (2) original hardcopies to me at the address below and I will have Tom Kirk, CVAG Executive Director sign as the final signature. I then will provide you with a fully executed original hardcopy for Amendment No. 1.
Coachella Valley Association of Governments
Contracts Administration
74-199 El Paseo Drive, Suite 100
Palm Desert, CA 92260
tf you have any questions or would like additional information, please feel free to contact me by email at [email protected] or by telephone at (760) 346-1127.
Sincerely,
l111ur ;lle;lfttlur
Allen McMillen
Management Analyst II - Contracts and Procurement
Coachella Valley Association of Governments
ATTACHMENT C
Item 1S - Page 75
Item 1S - Page 76
Contract No. CV AG-22-024-0 I
Project: WCV Flood and Blowsand Road Improvement - Phase I
AMENDMENT NUMBER ONE
TOTHE
REIMBURSEMENT AGREEMENT BY AND BETWEEN
CVAG AND THE CITY OF PALM SPRINGS
FOR THE
DESIGN AND ENGINEERING OF INDIAN CANYON DRIVE ROAD AND BRIDGE IMPROVEMENTS PROJECT FROM SUNRISE PARKWAY TO PALM STATION ROAD This AMENDMENT NUMBER ONE is made and entered into this 25th day of September 2023, by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), the City of Palm Springs (Agency) and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain in the same as stated in the original agreement dated September 26, 2022 for the Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road for the Western Coachella Valley Flood and Blowsand Road Improvement Project -Phase I.
1. This Amendment Number One authorizes the additional scope of services In accordance with Attachment A-1 Michael Baker International Scope of Services.
2. This Amendment Number Ona authorizes CVAG to amend the cost-sharing agreement between CVAG and the City of Palm Springs for design costs, by adding $80,000 to the total costs for a revised total of $2,775,490.73 which represents an additional $60,000 totaling $2,081,618.85 for the 75 percent CVAG share and an additional $20,000 totaling $693,872.68 for the 25 percent local share.
Regional Local
Share Share Original Contract September 26, 2022 $2,695,490.73 $2,021,618.05 $673,872.68 Amendment Number One September 25, 2023 $ 80,000.00 $ 60,000.00 $ 20,000.00 Total Contract not-to-exceed $2,775,490.73 $2,081,618.05 $693,872.68 Item 1S - Page 77
Contract No. CVAG-22-024-01
Project WCV Flood and Blowsand Road Improvement - Phase I The parties hereto have caused this Amendment Number One to be executed by their duly authorized representatives on the above-reference date.
CITY OF PALM SPRINGS
By: -------------
Scott Stiles, City Manager
APPROVED AS TO FORM:
By: ------------
CITY ATTORNEY
ATTEST:
By: -------- ----
CITY CLERK
ATTEST:
By: -------------
Tom Kirk, Executive Director
CVAG
Scott Matas, Chair
Item 1S - Page 78
Contract No. CV AG-22-024-01
Project: WCV Flood and Blowsand Road Improvement - Phase I Attachment A-1
Michael Baker International - WCV Flood and Blowsand Project - Amendment No. One Additional Scope of Services
MBI will expand their efforts to study blowsand mitigation that will include high-level research and analysis to further dive into potential alternatives for the North Indian Canyon segment. Based on more recent technologies, CVAG staff and MBI believe it is prudent to expand the potential alternatives analysis to include underground tunneling, introduction of physical means for sand deflection, and the potential for covered roadways sections to mitigate sand concerns. This project is unique, in that it needs to mitigate the blowsands from entering the road, but that any solution will also mitigate the flooding that occurs along this stretch of roadway. As part of this analysis, MBI will include cost estimates for the proposed solutions, along with coordination and documentation of the potential environmental impacts of the proposed solutions and mitigation measures that could be acceptable to allow for the proposed improvements. MBI would also explore the opportunity to work with researchers to construct field test and evaluate empirical data to test blowsand mitigation concepts. and model the improvements to determine their impacts and effectiveness. If modeling of the site becomes a viable alternative, the cost associated with modeling will be considered additional work and will be negotiated based on the cost to complete the modeling analysis.
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
APPROVE A PARTICIPATION AGREEMENT FOR RECORDS MANAGEMENT
WITH IRON MOUNTAIN INFORMATION MANAGEMENT, LLC
RECOMMENDATION:
Authorize a participation agreement for records management services from Iron Mountain Information Management, LLC, pursuant to the Omnia Cooperative Contract 1325 for an amount of $29,445.96 for the initial one-year term with an option to extend for two additional years.
Attachments
Item 1T
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVE A PARTICIPATION AGREEMENT FOR RECORDS
MANAGEMENT WITH IRON MOUNTAIN INFORMATION
MANAGEMENT, LLC
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
This action approves a participation agreement for records management services with Iron Mountain Information Management, LLC in an amount not to exceed $29,445.96 for a one-year term with an option to extend for two additional years, under a cooperative contract through Omnia.
RECOMMENDATION:
1. Authorize a participation agreement for records management services from Iron Mountain Information Management, LLC, pursuant to the Omnia Cooperative Contract 1325 for an amount of $29,445.96 for the initial one-year term with an option to extend for two additional years (Attachment A).
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on November 29, 2023, Iron Mountain Information Management, LLC is registered in the state of Massachusetts.
STAFF ANALYSIS:
An analysis of the yearly expenditures for records management services has been conducted. The City has spent approximately $30,000 over the past fiscal year. An estimate was prepared of the total needs and the amount is estimated to be $29,445.96 per year. Therefore, staff is looking to leverage the remaining term on the cooperative Omnia contract by entering into a participation agreement under that contract for $29,445.96 for the initial one-year contract term.
Item 1T - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Approve Participation Agreement with Iron Mountain Information Management, LLC In accordance with Section 7.09.010 of the Palm Springs Municipal Code, “Cooperative Purchasing Programs,” the City is allowed to use cooperative contracts to meet the procurement requirements. The Cooperative Agreement 1325 with Omnia has the services that are needed to continue storage of the City’s documents and has an option to extend the contract for an additional two years. If Omnia extends the contract, the City will have the ability to extend our participation in that contract also to include a possible two-year extension. Therefore, staff is requesting approval to enter into an initial one-year participation agreement with a two-year option to renew for an initial amount not to exceed $29,445.96 and approximately $35,000 a year for any option years that are exercised by the City Manager.
REVIEWED BY:
Department Director: Kristopher J. Mooney
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:
A. Participation Agreement with Iron Mountain Information Management, LLC.
B. Public Integrity Disclosure Form.
Item 1T - Page 2
ATTACHMENT A
Item 1T - Page 3
IMGS SLED Participating Agreement_Omnia_v.03252022 Page 1 of 2 Participating Agreement to
Contract #1325 between Port of Portland, Oregon (the "Lead Agency") and Iron Mountain Information Management, LLC (“Iron Mountain”) effective as of January 22, 2021 and all amendments and addenda thereto (the “Master Agreement”) By executing this Participating Agreement (hereinafter “PA”), City of Palm Springs (“Customer”) hereby agrees that Services ordered by Customer and provided by Iron Mountain will be subject to the terms and conditions of the Master Agreement. Except for the Term and Pricing of this PA, to the extent of any conflict between the Master Agreement and this PA, the terms of the Master Agreement shall control.
1. Term. Term of this PA shall be from the date of last signature below (the “Effective Date”) through October 31, 2024, unless otherwise extended or terminated in accordance with the terms of the Master Agreement or a bilateral amendment of this PA.
2. Description of Services. Services to be provided by Iron Mountain are as described in the attached Pricing Schedule (“Schedule A: Pricing Schedule”).
3. Pricing. Prices for Services shall be as set forth in the Pricing Schedule. The total amount payable to Iron Mountain under this contract shall be $29,445.96 (the “NTE”). By signing this PA, Customer agrees to comply with the payment terms as set forth in the Master Agreement.
IN WITNESS WHEREOF, the parties have entered into this Participating Agreement by the signatures of their respective authorized officials, effective upon the last date of signature below.
CUSTOMER: City of Palm Springs IRON MOUNTAIN INFORMATION MANAGEMENT, LLC Individual Signing:
[print name]
Individual Signing:
[print name]
Signature: Signature:
Title: Title:
Signing Date: Signing Date:
Item 1T - Page 4
IRON
______ MOUNTAIN®
IMGS SLED Participating Agreement_Omnia_v.03252022 Page 2 of 2
SCHEDULE A
(“PRICING SCHEDULE”)
Item 1T - Page 5
ironmountain.com │ 1.800.899.IRON (4766) Page 1 of 5
SCHEDULE A: PRICING SCHEDULE
►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►
RECORDS MANAGEMENT SERVICES UNDER THE OMNIA AGREEMENT (IM CONTRACT #MA- SLED0001050)
This Schedule A for Records Management services and the terms of the Contract #1325 between Port of Portland, Oregon (the "Lead Agency") and Iron Mountain Information Management, LLC as executed by the parties on January 26, 2021 (the "Master Agreement"), including the Glossary of terms for records that can be found at https://www.ironmountain.com/support/how-it-works, will be incorporated into any Purchase Order between Iron Mountain and City of Palm Springs (the “Customer”). The Glossary includes definitions of the terms used in this Pricing Schedule and details regarding the Company’s services, standard processes, and billing practices. In addition, restrictions applicable to volume and/or applicable timeframes for some service transaction types are provided in the Glossary under each service type.
This Records Management Pricing Schedule supersedes and terminates any prior Pricing Schedule and/or Schedule A for Records Management services existing between Iron Mountain and the Customer for the customer accounts noted below.
► CONTRACT TERMS
Any Purchase Order issued as a result of this Schedule A must include the following language:
This Purchase Order is subject to the terms and conditions of Contract #1325 between Port of Portland, Oregon (the "Lead Agency") and Iron Mountain Information Management, LLC as executed by the parties on January 26, 2021 (the "Master Agreement"). This Purchase Order shall be exclusively in accordance with the terms and conditions of the Master Agreement, even if it fails to reference the Master Agreement or contains inconsistent items. All additional or inconsistent terms and conditions in this Purchase Order, except with respect to price, quantity, and location-specific terms, are expressly rejected by the parties.
NOTICE: THIS DOCUMENT INCLUDES IRON MOUNTAIN CONFIDENTIAL INFORMATION.
The information contained herein shall not be duplicated, used or disclosed — in whole or in part — for any purpose other than to evaluate this submission. Contains Iron Mountain confidential and proprietary information © 2023. Iron Mountain Incorporated. All rights reserved. Iron Mountain and the design of the mountain are registered trademarks of Iron Mountain Incorporated in the U.S. and other countries. All other trademarks are the property of their respective owners.
CITY OF PALM SPRINGS
District Name/Number: Multi-District │Customer ID(s): AL103 Effective Date: November 1, 2023
OMNIAR1
Tier 1: 0 - 10,000 CF
Item 1T - Page 6
ironmountain.com │ 1.800.899.IRON (4766) Page 2 of 5
IRON MOUNTAIN RECORDS MANAGEMENT
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PRICING
Service Offering - Standard Storage Price Unit
Carton Storage $0.327 Cubic Foot
Receiving and Entry-Carton $2.32 Cubic Foot
Regular Retrieval-Carton $2.92 Cubic Foot
Regular Refile-Carton $2.92 Cubic Foot
Regular Retrieval-File From Carton $3.92 File
Regular Refile - File $3.92 File
Archival Destruction-Carton (plus regular retrieval charge) $3.55 Cubic Foot Archival Destruction-File from Carton (plus regular retrieval charge) $3.32 File Perm Withdrawal-Carton - CF, plus regular retrieval charge $4.41 Cubic Foot Perm Withdrawal-File (plus regular retrieval charge) $2.19 File Transport Handling Charge $2.66 Cubic Foot
Next Day Delivery 1, 2 $27.68 Trip
Next Day Delivery - Zone 2 1 $47.43 Trip
Next Day Delivery - Zone 3 1 $54.01 Trip
Next Day Delivery - Zone 4 1 $60.60 Trip
Next Day Delivery - Zone 5 1 $70.55 Trip
Next Day Delivery - Zone 6 1 Call for Quote Trip
Next Day Delivery - Zone Metro 1 $35.36 Trip
Next Day Delivery - Zone Metro NYC 1 $44.14 Trip
Half Day Delivery 1, 2 $69.52 Trip
Rush Delivery-Business Day1, 2 $137.90 Trip
Rush Delivery-Weekends/Holidays/After Hrs1, 2 $277.00 Trip Regular Pickup1, 2 $27.68 Trip
Regular Pickup - Zone 2 1 $47.43 Trip
Regular Pickup - Zone 3 1 $54.01 Trip
Regular Pickup - Zone 4 1 $60.60 Trip
Regular Pickup - Zone 5 1 $70.55 Trip
Regular Pickup - Zone 6 1 Call for Quote Trip
Regular Pickup - Zone Metro 1 $35.36 Trip
Regular Pickup - Zone Metro NYC 1 $44.14 Trip
Rush Pickup1, 2 $137.90 Trip
Rush Retrieval-File From Carton $10.50 File
Retrieval Carton Rush $7.97 Cubic Foot
Individual List/Indexing $0.81 Each
Interfile $9.66 Each
Photocopy $0.90 Page
Fax Transmission $1.21 Page
Re-Boxing Charge (plus new carton, regular retrieval charge and refile charge) $5.49 Each Miscellaneous Services-Hourly Labor $71.45 Hour
Storage Monthly Minimum Charge $188.29 Month
Minimum Service Charge $18.10 Order
Admin Fee - Summary $49.32 Per account ID
Admin Fee - Detailed $101.77 Per account ID
Item 1T - Page 7
ironmountain.com │ 1.800.899.IRON (4766) Page 3 of 5
Service Offering - Standard Storage Price Unit
#2000A Auto-fold Letter / Legal (1.2 CF) $4.15 Each
#2000 Standard Carton Letter / Legal (1.2 CF) $5.40 Each #450 Letter Transfile Carton (2.4 CF) $3.95 Each
#550 Letter Transfile Carton (3.6 CF) $6.85 Each
#200 X-Ray Carton $8.07 Each
Service Descriptions: https://www.ironmountain.com/support/how-it-works Notes:
1) Fuel Surcharge - A Fuel Surcharge is applied monthly based upon changes in the price of diesel fuel as published by the US Department of Energy. This charge is calculated monthly and included as a percentage of transportation related service charges. The current monthly Fuel Surcharge information can be found on the website at https://www.ironmountain.com/support/how-it-works/resources/transportation/fuel-surcharge/us-fuel-surcharge. 2) See Transportation Services section below.
Service Offering - Open Shelf Storage & Services Price Unit RFID Label $0.72 Each
Open Shelf - Interfile $6.46 Each
Open Shelf Individual Listing $0.81 Each
Open Shelf - Rush Retrieval- File $8.33 File
Open Shelf Medical $0.67 Linear Foot
Open Shelf Storage-X-Ray $1.02 Linear Foot
Open Shelf - Receiving and Entry $4.25 Linear Foot
Open Shelf Regular Retrieval- File $2.29 File
Open Shelf Regular Refile $2.29 Linear Foot
Open Shelf - Archival Destruction $2.19 Linear Foot
Open Shelf - Permanent Withdrawal $2.19 Linear Foot
Service Descriptions: https://www.ironmountain.com/support/how-it-works Service Offering - Image on Demand Price Unit
Image on Demand - Retrieval, File $3.92 File
Image on Demand - Refile, File $3.55 File
Image on Demand - Minimum1 $25.79 Order
Image on Demand - Image2 $0.24 Image
Service Descriptions: https://www.ironmountain.com/support/how-it-works Notes:
1) IOD order minimum charge includes the first 50 page scans 2) IOD Per Image fee applies to any page scan past the 50 image IOD Minimum Item 1T - Page 8
ironmountain.com │ 1.800.899.IRON (4766) Page 4 of 5
TRANSPORTATION SERVICES
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PICKUP & DELIVERY
NEXT DAY DELIVERY
Order by 3:00 PM for delivery next Business Day.
HALF DAY DELIVERY
Order by 10:00 AM for delivery same Business Day; or Order by 3:00 PM for delivery next Business Day by 12:00 PM.
RUSH DELIVERY, BUSINESS DAY
Delivery within 3 hours of placement of Order (for Orders received not later than 2:00 PM) on a Business Day.
RUSH DELIVERY, WEEKENDS/HOLIDAYS/AFTER HOURS
Delivery within 4 hours of placement of Order.
REGULAR PICKUP
Pickup orders placed before 4:00 PM on a Business Day will be picked up within the following two Business Days.
RUSH PICKUP, BUSINESS DAY
Pickup orders placed before 4:00 pm on a Business Day will be picked up on the following Business Day.
Additional Services beyond those listed in this Pricing Schedule are available. For service descriptions, please go to Additional Services at https://www.ironmountain.com/support/how-it-works.
Item 1T - Page 9
ironmountain.com │ 1.800.899.IRON (4766) Page 5 of 5
RECORDS MANAGEMENT –
STANDARD IMAGE ON DEMAND (IOD)
►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►► This pricing included in this schedule applies specifically to the conversion on (stored) business records. Due to the complexity inherent to document conversion, additional document types may be subject to additional and/or specific pricing.
Document Conversion using Image on Demand (IOD):
− The IOD scan rate includes up to 8-minutes of total labor for each file requested for IOD conversion, covering document preparation, scanning, quality control, standard indexing, scanning non-letter legal documents and reassembly.
− Conversion work that exceeds 8-minutes per file will be charged an hourly rate in 15-minute increments (per order).
− Flatbed Scanning may be required and will be invoiced at the current photocopy rate. − Standard Image on Demand Services are only available as a next day service, place order by 3:00 PM on a business day, for next Business Day. Rush or half day services are considered Custom Image on Demand Services that require a separate statement of work and subject to geographical availability. − For large volume requests (in excess of 2,000 images), one business day will be added for each 2,000 images. − Digital images and indexing data will be made available through a hyperlink delivered to the requestor via email. − Activation of IOD service is required before an order can be placed. − All pages contained in the file will be scanned.
− Digital images will be scanned at 300 DPI, in black and white as a PDF multi-page image. − If the customer’s requirements differ from those described in this Schedule A or the description contained in “Image on Demand – Overview” within the glossary of the Customer Information Center (https://www.ironmountain.com/support/how-it-works), then those requirements are considered Custom Image on Demand Services and must be described in a separate, agreed upon statement of work.
Damaged, illegible and/or odd sized documents will be scanned using a flatbed scanner, a fee will be charged for every image generated at Iron Mountain's current photocopy rate.
Rates defined above do not include charges for retrieval, refile, disposition, or physical delivery of source documentation. Rates for these services are based on customer’s existing rates. All other services, not specifically listed herein or quoted on a separate Schedule A, will be charged at Iron Mountain’s then current rates.
Please see our service listings on https://public.omniapartners.com/ Item 1T - Page 10
ATTACHMENT B
Item 1T - Page 11
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
(Revised 09 13 18)
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
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 1T - Page 12
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
(Revised 09 13 18)
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).
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.
Item 1T - Page 13
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Iron Mountain Information Management, LLC
Delaware
X
X
Iron Mountain Incorporated, a Delaware corporation, parent company of Iron Mountain Information Management, LLC a
wholly owned subsidiary.
One Federal Street, Boston, Massachusetts 02110
X
Board of Directors: Pamela M. Arway, Jennifer Allerton, Clarke H. Bailey, Kent P. Dauten, Monte Ford, Robin L.
Matlock, William L. Meaney, Wendy J. Murdock, Walter C.
Rakowich, Theodore R. Samuels and Doyle R. Simons.
Item 1T - Page 14
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date The Vanguard Group 16.31% IRON MOUNTAIN INCORPORATED
Capital World Investors 8.8% IRON MOUNTAIN INCORPORATED Blackrock, Inc. 7.8% IRON MOUNTAIN INCORPORATED
Celeste Martinez
Sr. Contracts Administrator, Public Sector
November 29, 2023
Item 1T - Page 15
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
APPROVE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LEASE
WITH ARENAS ASSOCIATES DBA PALM SPRINGS FUDGE & CHOCOLATES LOCATED AT 211 SOUTH PALM CANYON
RECOMMENDATION:
Approve Amendment No. 3 to the Amended and Restated Lease with Arenas Associates dba Palm Springs Fudge & Chocolates to increase the amount of rent to $2,299.18 monthly.
1. Authorize the City Manager or his designee to make minor non-substantive changes and execute all necessary documents.
2. Attachments
Item 1U
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED
LEASE WITH ARENAS ASSOCIATES DBA PALM SPRINGS FUDGE &
CHOCOLATES LOCATED AT 211 SOUTH PALM CANYON
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development
SUMMARY:
The Amended and Restated Lease (Attachment A) is for use of the City-owned building at 211 South Palm Canyon (Site) between the City of Palm Springs and Arenas Associates, dba Palm Springs Fudge & Chocolates (Tenant). The Site is part of the Village Green park and tourist attraction. Amendment No. 3 to the Amended and Restated Lease (Attachment B) is needed to correct the amount of rent included in the Second Amendment by increasing the rent from $2,191.78 monthly to $2,299.18 monthly.
RECOMMENDATION:
1. Approve Amendment No. 3 to the Amended and Restated Lease with Arenas Associates dba Palm Springs Fudge & Chocolates to increase the amount of rent to $2,299.18 monthly.
2. Authorize the City Manager or his designee to make minor non-substantive changes and execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
See Attachment C.
BACKGROUND:
On November 18, 2013, an Amended and Restated Lease with the Tenant was executed for a term of five years, with an option to extend for an additional five years, for a monthly rental rate of $1,707.53.
Item 1U - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Palm Springs Fudge & Chocolates Lease
On December 17, 2018, Amendment 1 to the Amended and Restated Lease with Tenant was executed exercising the five-year option to extend the lease and increasing the rent to $1,903.53.
Amendment 2 to the Amended and Restated Lease with Tenant was executed to extend the lease an additional five years and increasing the rent to $1,966.35 per month.
However, this amount should have been increased to $2,299.18 monthly as the $1,966.35 monthly rent amount included in Amendment 2 did not reflect subsequent rent increases.
STAFF ANALYSIS:
The attached Amendment No. 3 to the Amended and Restated Lease facilitates the correction by changing the new rent amount to be $2,299.18 monthly, or $27,590.13 annually. Future rent increases will remain the same as provided in the First Amendment to the Amended and Restated Lease which requires annual rental adjustments in an amount equal to the increase in Consumer Price Index (CPI) for “All Urban Consumers”, for the Riverside-San Bernardino-Ontario Metropolitan Statistical Area, during the preceding twelve-month period, or 3%, whichever is greater. The CPI increase from September 2022 to September 2023 is 4.9%.
Amendment 2 to the Amended and Restated Lease with Tenant was executed to extend the lease an additional five years and increased the rent to $1,966.35 per month.
However, this amount should have been increased to $2,299.18 monthly as the $1,966.35 monthly rent amount included in Amendment 2 did not reflect subsequent rent increases.
Amendment No. 3 to the Amended and Restated Lease corrects the amount of rent included in the Second Amendment by increasing the rent from $2,191.78 monthly to $2,299.18 monthly. Amendment No. 3 to the Amended and Restated Lease also corrects the CPI index to be the Riverside-San Bernardino-Ontario Metropolitan Statistical Area from the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area.
Palm Springs Fudge & Chocolate has been located at the Site since 1996 and is part of the Village Green park and tourist attraction. The ownership has changed over the years with the most recent owner being the Tenant who has owned and operated the Palm Springs Fudge & Chocolate shop since 2013. Tenant was an employee of the Palm Springs Fudge & Chocolate since 2006 but purchased the business in 2013.
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 amend a lease of a City-owned property 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 Item 1U - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Palm Springs Fudge & Chocolates Lease
indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Strategic Objective 1D - Business Development Initiatives.
FISCAL IMPACT:
If approved, the General Fund will receive an increase of $1,288.77 annually, from $26,301.36 per year to $27,590.13 per year.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Amended and Restated Lease
B. Lease Amendment No. 3
C. Business Principal Disclosure
Item 1U - Page 3
ATTACHMENT A
Item 1U - Page 4
Item 1U - Page 5
AMENDED AND RESTATED LEASE
By and Between
CITY OF PALM SPRINGS
and
ARENAS ASSOCIATES dba PALM SPRINGS FUDGE & CHOCOLATES
IRV#21100vl
Item 1U - Page 6
AMENDED AND RESTATED LEASE
THIS LEASE ("lease") is made and entered into \~~day of ~~U 2013, by and between the CITY OF PALM SPRINGS, (referred to variously as "Landlord" or "City"), and Arenas Associates dba Palm Springs Fudge & Chocolates ("Tenant").
RECITALS
A. WHEREAS Palm Springs Fudge & Chocolates serves tourists and visitors to the downtown area; and
B. WHEREAS the City of Palm Springs ("City") owns the property located at the "Village Green", 211 South Palm Canyon Drive in Palm Springs, California ("Facility"). The Facility is used by Palm Springs Fudge & Chocolates to provide retail sales of confections and associated products; making fudge and hand dipped chocolates;
1.0 LEASE SUMMARY. Certain fundamental Lease provisions are presented in this Section and represent the agreement of the parties hereto, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Lease. In the event of any conflict between any fundamental Lease provision and the balance of this Lease, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental Lease provisions may appear.
1.1 Premises. The "Premises" shall refer to that certain real property located in the County of Riverside, State of California, as depicted in the Legal Description Of The Premises attached as Exhibit "A" hereof and on the Plot Plan attached as Exhibit "B-1" hereof.
The Premises shall be exclusively used by the Tenant.
1.2 Lease Commencement Date. The Lease shall commence klov t:8 , 2013 and shall end on lvw It , 2018, with an option to extend lease terms for a period of five (5) years, unless earlier terminated. Tenant shall give landlord at least ninety (90) days notice of its intent to exercise this option.
1.2.1 Fair Market Rent upon Option to Extend. The parties shall have sixty (60) days after Landlord receives the option notice in which to agree on minimum monthly rent for the first year of the extended term. The rent shall be based on the fair market rent for similar property at that time. If the parties agree on said minimum monthly rent during that period, they shall immediately execute an amendment to this Lease stating the minimum monthly rent. If the parties are unable to agree on said minimum monthly rent within that period, the option notice shall be of no effect and this Lease shall expire at the end of the initial term.
Neither party to this Lease shall have the right to have a court or other third party set the minimum monthly rent.
IRV #21100 vi -1-
Item 1U - Page 7
1.3 Rental. Rental shall be $1,707.53 per month, with Tenant to pay all operational, utility and maintenance cost necessary to operate the Premises in accordance with the maintenance standards of Section 5.3 and the other provisions of the Lease. Upon each annual anniversary date of the Commencement Date, monthly rental shall be adjusted in proportion to the published changes in the Consumer Price Index ("CPI") for, All Items, for the Riverside/San Bernardino Metropolitan Statistical Area.
1.3.1 Additional Rental. For the purposes of this Lease, all monetary obligations of Tenant under this Lease, including, but not limited to, insurance premiums, property taxes, maintenance expenses, late charges and utility costs shall be deemed to be additional rental.
1.4 Security Deposit. $1,100.00. (See Section 3.6)
1.5 Use of Premises. Premises shall be used for retail sales of confections and associated products including fudge and hand dipped chocolates. Tenant shall make good faith efforts to coordinate usage of the Premises with the City.
IRV #21 IOO vi
1.6 Tenant's Address for Notices.
Arenas Associates
211 South Palm Canyon Way
Palm Springs, CA 92262
Telephone: 760-416-0075
With a copy to:
City of Palm Springs
David H. Ready, Esq., Ph.D., Executive Director
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
-2-
Item 1U - Page 8
2.0TERM.
2.1 Term. The term of this Lease shall commence on the date specified in Section
1.2 ("Commencement Date") and shall continue for the period specified therein unless earlier terminated as provided herein.
2.2 Termination By Landlord. Landlord shall have the right to terminate this Lease effective on any anniversary of the Commencement Date, with or without cause, by providing Tenant with at least sixty (60) days' advance written notice. If Landlord terminates this Lease as provided in this Section, Tenant hereby waives any right to receive any other compensation from Landlord, including, but not limited to, the value of Tenant's leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Landlord shall have no obligation to pay Tenant therefore.
2.3 Holding Over. Any holding over after the expiration of the term of this Lease, with the consent of Landlord, express or implied, shall be construed to be a tenancy from month to month, cancelable upon thirty (30) days written notice, and at a rental equal to one hundred fifty percent (150%) of the last applicable Monthly Rental and upon terms and conditions as existed during the last year of the term hereof.
3.0 RENTAL.
3.1 Monthly Rental. Tenant shall pay to Landlord, during the term of this Lease from and after the Commencement Date as monthly rental ("Rental") for the Premises the sum specified in Section 1.4 hereof, which sum shall be paid in advance on the first day of each month of the term of this agreement. All rental to be paid by Tenant to Landlord shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand at the address designated in Section 12.10 hereof.
3.2 Real Property Taxes. In addition to all rentals herein reserved, Tenant shall pay, directly to the taxing authority, annual real estate taxes and assessments levied upon the Premises (including any possessory interest taxes), as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for, or in addition to, existing real property taxes.
Such amount shall be paid on the date that is twenty (20) days prior to the delinquent date or, if Landlord receives the tax bill, ten (I 0) days after receipt of a copy of the tax bill from Landlord, whichever is later. Even though the term of this Lease has expired and Tenant has vacated the Premises, when the final determination is made of Tenant's share of such taxes and assessments, Tenant shall immediately pay to Landlord the prorated amount of any additional sum owed. 3 .3 Personal Property Taxes. During the term hereof Tenant shall pay prior to delinquency all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property as of Tenant contained in the Premises, and when possible Tenant shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Landlord.
3.4 Late Payment. Tenant hereby acknowledges that late payment by Tenant to Landlord of rental or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such IRV#21100vl -3-
Item 1U - Page 9
costs include, but are not limited to, processing and accounting charges. Accordingly, any payment of any sum to be paid by Tenant not paid when within five (5) days of its due date shall be subject to a five percent (5%) late charge. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss suffered by such late payment by Tenant.
3.5 Interest. Any sum to be paid pursuant to the terms of this Lease not paid when due shall bear interest from and after the due date until paid at a rate equal to three percent (3%) over the reference rate being charged by Bank of America, N.A. from time to time during such period so long as the rate does not exceed the maximum non-usurious rate permitted by law in which case interest shall be at the maximum non-usurious rate allowed by law at the time the sum became due.
3.6 Security Deposit. Tenant has previously with the execution of the original Lease dated June 1, 1995, deposited with the Landlord the sum specified in Section 1.4 hereof, receipt of which is hereby acknowledged by Landlord, said deposit being given to secure the faithful performance by the Tenant of all terms, covenants, and conditions of this Lease by the Tenant to be kept and performed during the term hereof. Tenant agrees that if the Tenant shall fail to pay the rent herein reserved or any other sum required hereby promptly when due, said deposit may, at the option of the Landlord (but Landlord shall not be required to) be applied to any rent or other sum due and unpaid, and if the Tenant violates any of the other terms, covenants, and conditions of this Lease, said deposit may, at Landlord's option, be applied to any damages suffered by Landlord as a result of Tenant's default to the extent of the amount of the damages suffered.
Nothing contained in this Section shall in any way diminish or be construed as waiving any of the Landlord's other remedies as provided in Section 10.0 hereof, or by law or in equity.
Should the entire security deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, on the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security deposit to its original amount, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of the terms, covenants, and conditions of this Lease and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, said security deposit shall be returned in full to Tenant at the end of the term of this Lease, or upon the earlier termination of this Lease as specified herein except in the event the Premises are sold as a result of the exercise of any power of sale under any mortgage or deed of trust, in which event this Lease shall be automatically amended to delete any reference to this Section and Tenant shall be entitled to immediate reimbursement of its security deposit from the party then holding said deposit.
IRV #21100 vl -4-
Item 1U - Page 10
4.0 USE OF THE PREMISES.
4.1 Permitted Use. The Landlord hereby leases to Tenant and Tenant hires from Landlord the exclusive use of the Premises, with improvements as defined herein, for the purpose of conducting thereon only the use specified in Section 1.6 of this Lease.
4.2 Prohibited Uses. Tenant shall not sell or permit to be kept, displayed or sold in or about the exclusive Premises (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any article which may be prohibited by standard forms of fire insurance policies, or ( c) any alcoholic beverages unless expressly permitted by Section 1.6 hereof.
4.3 Compliance with Laws. Tenant shall, at his sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. Tenant's violation of law shall constitute an incurable default under this Lease. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such order or statute in said use, shall be conclusive of that fact as between the Landlord and Tenant.
Tenant shall not engage in any activity on or about the Premises that violates any Environmental Law, and shall promptly, at Tenant's sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean-up and removal of any contamination involving any Hazardous Material created or caused directly or indirectly by Tenant. The term "Environmental Law" shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (viii) California Water Code Section 1300 et seq.; and (ix) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto. The term "Hazardous · Material" includes, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste", "extremely hazardous waste", "restrictive hazardous waste" or "hazardous substance" or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the parties hereto to construe the terms "Hazardous Materials" and "Environmental Laws" in their broadest sense. Tenant shall provide all notices required pursuant to the Safe IRV #21100 vi -5-
Item 1U - Page 11
Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq. Tenant shall provide prompt written notice to Landlord of the existence of Hazardous Substances on the premises and all notices of violation of the Environmental Laws received by Tenant.
4.4 Signs. Tenant shall have the right to place a sign at the entrance to the Premises in accordance with the City's Zoning Code pertaining to signs, and shall not place or permit to be placed any sign that is not in compliance with the sign ordinance of the Landlord upon the exterior or in the windows of the Premises. Any sign not constructed in accordance therewith shall be immediately removed by Tenant and, if said sign is not removed by Tenant within ten (10) days of written notice from Landlord to Tenant, then Landlord may remove and destroy said sign without Tenants approval.
4.5 Parking and Common Areas. During the term of this Lease and any extension thereof, Landlord gives to Tenant for the use and benefit of Tenant, its agents, employees, customers, licensees and subtenants a nonexclusive license in common with Landlord and other present and future owners and tenants of the Property and their agents, employees, customers, licensees and subtenants, and others authorized by Landlord to use the automobile parking areas, roadways, walkways, landscaped areas, service areas, of the Property for ingress, egress and automobile parking, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such parking and common areas shall not constitute a violation of this covenant. Nothing herein contained shall be deemed to prevent Landlord from using or authorizing others to use said parking and common areas.
4.5.1 Maintenance of Common Areas. During the entire term hereof, Landlord shall keep or cause to be kept the parking and common areas as same are established and completed by Landlord in a good, neat, clean and orderly condition, properly lighted and landscaped, and shall repair any damage to the facilities thereof as well as the exterior walls and roof of the Demised Premises as provided in Article 5.2, but all expenses in connection with said parking and common areas shall be charged and prorated in the manner hereinafter set forth.
Tenant agrees to pay to Landlord Tenant's pro rata share of the total expenses in connection with the parking and common areas. Tenant's pro rata share of such expenses shall be that portion of all such expenses which is equal to the proportion thereof which the number of square feet of gross floor area in the Demised Premises bears to the total number of square feet of gross leasable floor area of all buildings in the Property occupied as of the commencement of each calendar month. There shall be an appropriate adjustment of Tenant's share of the expenses in connection with the parking and common areas as of the commencement and expiration of the term of this Lease.
4.6 Hours of Business. Subject to the provisions of Section 8.0 hereof, Tenant shall continuously during the entire term hereof conduct and carry on Tenants business in the Premises and shall keep the Premises open for business and cause Tenant's business to be conducted therein during the usual business hours of each and every business day. If scheduling patterns may change and in that event, Tenant shall report those changes to the City in writing.
This provision shall not apply if the Premises should be closed and the business of Tenant temporarily discontinued therein on account of strikes, lockouts, or similar causes beyond the reasonable control of Tenant including weather, traffic delays, border delays, equipment failures.
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4. 7 Utilities. Tenant shall pay before delinquency all charges for water, gas, electricity, power, sewer, telephone service, trash removal (unless included in the expenses to maintain the common and parking areas) and all other services and utilities used in, upon, or about the Demised Premises by Tenant or any of its subtenants, licensees, or concessionaires during the term of this Lease.
4.8 Rules and Regulations. Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and/or modify. The rules and regulations, if any, are attached hereto as Exhibit "D" ("Rules and Regulations"). Any amendment or modification of the Rules and Regulations shall be binding upon the Tenant upon delivery of a copy of such amendment or modification to Tenant.
5.0 ALTERATIONS AND REPAIRS.
5.1 Alterations and Fixtures. Any expansion, amendment, or alteration of the Premises shall be in conformance with the requirements of all municipal, state, federal, and other governmental authorities, including requirements pertaining to the health, welfare or safety of employees or the public and in conformance with reasonable rules and regulations of Landlord.
Landlord may require that any such alterations be removed prior to the expiration of the term hereof. Any removal of alterations or furniture and trade fixtures shall be at Tenant's expense and accomplished in a good and workmanlike manner. Any damage occasioned by such removal shall be repaired at Tenants expense so that the Premises can be surrendered in a good, clean and sanitary condition as required by Section 5.2 hereof. Any and all fixtures and appurtenances installed by Tenant shall conform with the requirements of all municipal, state, federal, and governmental authorities including requirements pertaining to the health, welfare, or safety of employees or the public.
5.2 Maintenance and Repair. Tenant shall, at all times during the term hereof, and at Tenants sole cost and expense, keep, maintain and repair the Premises, and other improvements within the Premises in good and sanitary order, condition, and repair ( except as hereinafter provided) including without limitation, the maintenance and repair of any gates, electrical wiring and conduits. Tenant shall also at its sole cost and expense be responsible for any alterations or improvements to the Premises necessitated as a result of the requirement of any municipal, state or federal authority. Tenant hereby waives all right to make repairs at the expense of Landlord, and Tenant hereby waives all rights provided for by the Civil Code of the State of California to make said repairs. By entering into the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair, and Tenant agrees on the last day of said term or sooner termination of this Lease to surrender the Premises with appurtenances, in the same condition as when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted.
5.3 Free from Liens. During the period of construction and thereafter Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant or alleged to have been incurred by Tenant. Upon completion of construction of the improvements Tenant shall assure that lien releases are obtained for all mechanics liens.
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6.0 INSURANCE AND INDEMNIFICATION.
6.1 Insurance Provided by Landlord. Landlord shall maintain fire and extended coverage insurance throughout the term of this Lease in an amount equal to at least ninety percent (90%) of the replacement value of the Tenant's building on the Premises, together with such other insurance, coverages and endorsements as may be required by Landlord's lender, or as Landlord may determine in its sole discretion. Tenant hereby waives any right of recovery from Landlord, its officers and employees, and Landlord hereby waives any right of loss or damage (including consequential loss) resulting from any of the perils insured against as a result of said insurance.
6.2 Insurance Provided by Tenant.
(a) Food Preparation. Tenant, if involved in food preparation and sales as a cafe, restaurant, or similar use, and/or food takeout service, shall install at Tenant's expense any fire protective systems in grill, deep fry, and cooking areas which are required by city, county, and state fire ordinances, and such system when installed shall qualify for full fire protective credits allowed by the fire insurance rating and regulatory body in whose jurisdiction the Demised Premises are located. (b) Tenant to Provide Personal Property Insurance. Tenant, at its expense, shall maintain fire and extended coverage insurance written on a per occurrence basis on its trade fixtures, equipment, personal property and inventory within the Premises from loss or damage to the extent of their full replacement value. (c) Tenant to Provide Liability Insurance. During the entire term of this Lease, the Tenant shall, at the Tenants sole cost and expense, but for the mutual benefit of Landlord and Tenant, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the Premises and on any rights of way directly adjacent to the Premises written on a per occurrence basis in an amount not less than either (i) a combined single limit of ONE MILLION DOLLARS ($1,000,000.00) for bodily injury, death, and property damage or (ii) bodily injury limits. of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 · products and completed operations and property damage limits of $100,000.00 per occurrence and $250,000.00 in the aggregate; provided, however, if Landlord so elects Landlord may provide such insurance and, in such event, Tenant agrees to pay its pro rata share of the cost of said insurance on the same basis as provided in Section 6.1 above.
(d) Tenant to Provide Worker's Compensation Insurance. If applicable, Tenant shall, at the Tenants sole cost and expense, maintain a policy of worker's compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Tenant and the Landlord against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Tenant in the course of conducting Tenant's business in the Premises.
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(e) General Provisions Applicable to Tenant's Insurance. All of the policies of insurance required to be procured by Tenant pursuant to this Section 6.2 shall be primary insurance and shall name the Landlord, its officers, employees and agents as additional insureds. The insurers shall waive all rights of contribution they may have against the Landlord, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing 30 days prior written notice by registered mail to the Landlord. Prior to the Commencement Date or such earlier date as Tenant takes possession of the Premises for any purpose; and at least 30 days prior to the expiration of any insurance policy, Tenant shall provide Landlord with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to Landlord, licensed to do business in the state where the Premises are located and rated A: VII or better by Bests Insurance Guide. In the event the Risk Manager of Landlord ("Risk Manager") determines that (i) the Tenant's activities in the Premises creates an increased or decreased risk of loss to the Landlord, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be obtained, Tenant agrees that the minimum limits of any insurance policy required to be obtained by Tenant may be changed accordingly upon receipt of written notice from the Risk Manager, provided that Tenant shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of Landlord within ten (10) days of receipt of notice from the Risk Manager. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Premises, its contents, or Tenants trade fixtures, equipment personal property or inventory arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious mischief, theft, sprinkler damage, and earthquake sprinkler leakage.
Each of the parties, on behalf of their respective insurance companies insuring such property of either Landlord or Tenant against such loss, waive any right of subrogation that it may have against the other. The foregoing waivers of subrogation shall be operative only so long as available in California and provided further that no policy is invalidated thereby.
6.3 Indemnification of Landlord. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for damage to equipment or other personal property, trade fixtures, leasehold improvements, goods, wares, inventory and merchandise, in, upon or about the Premises and for injuries to persons in or about the Premises, from any cause arising at any time. Tenant agrees to indemnify the Landlord, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Tenant, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Premises or the parking and Common Area by Tenant or its employees and customers, or arising from the failure of Tenant to keep the Premises in good condition and repair, as herein provided, or arising from the negligent acts or omissions of Tenant hereunder, or arising from Tenant's negligent performance of or failure to perform any term, provision covenant or condition of this Lease, IRV #21100 vi -9-
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whether or not there is concurrent passive or active negligence on the part of the Landlord, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Landlord, its officers, agents or employees, who are directly responsible to the Landlord, and in connection therewith:
(a) Tenant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Tenant will promptly pay any judgment rendered against the Landlord, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Tenant hereunder, and Tenant agrees to save and hold the Landlord, its officers, agents, and employees harmless therefrom;
(c) In the event the Landlord, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Tenant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Tenant hereunder, Tenant agrees to pay to the Landlord, its officers, agents or employees, any and all costs and expenses incurred by the Landlord, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.
7.0 ABANDONMENT AND SURRENDER.
7.1 Abandonment. Tenant shall not vacate or abandon the Premises at any time during the term ofthis Lease; and if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process oflaw, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned, at the option of Landlord, except such property as may be mortgaged to Landlord.
7 .2 Surrender of Lease. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or sub-tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all of such subleases or sub-tenancies.
8.0 DAMAGE AND DESTRUCTION OF PREMISES. In the event of (a) partial or total destruction of the Premises during the term of this Lease which requires repairs to the Premises, or (b) the Premises being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Tenant's act, use or occupation, which declaration requires repairs to the Premises, Landlord shall forthwith make said repairs provided Tenant gives to Landlord thirty (30) days written notice of the necessity therefor. No such partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Monthly Rental while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. However, if IRV #2! IOO vl -10-
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during the last (1) year of the term of this Lease the Premises are damaged as a result of fire or any other insured casualty to an extent in excess of twenty-five percent (25%) of the then replacement cost (excluding foundations), Landlord may within thirty (30) days following the date such damage occurs terminate this Lease by written notice to Tenant. If Landlord, however, elects to make said repairs, and provided Landlord uses due diligence in making said repairs, this Lease shall continue in full force and effect, and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided. Nothing in the foregoing to the contrary withstanding, if the Premises or said building is damaged or destroyed at any time during the term hereof to an extent of more than twenty-five percent (25%) of the then replacement cost (excluding foundations) as a result of a casualty not insured against, Landlord may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Tenant. If Landlord does not elect to terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair the Premises and/or the building and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided. If Landlord elects to terminate this Lease, all rentals shall be prorated between Landlord and Tenant as of the date of such destruction. In respect to any partial or total destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which Landlord is obligated to repair or may elect to repair under the terms of this Section, Tenant waives any statutory right it may have to cancel this Lease as a result of such destruction.
9.0 ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or sublet the Premises, or any interest therein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. For purposes of this Lease, an assignment shall be deemed to 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 Tenant, taking all transfers into account on a cumulative basis. Landlord may withhold its consent to an assignment or sublease to a proposed assignee or sublessee, and Tenant agrees that Landlord shall not be unreasonable for doing so, unless all the following criteria are met: (a) The proposed assignee's or sublessee's general financial condition, including liquidity and net worth, verified by audited financial statements prepared by a Certified Public Accountant in conformity with Generally Accepted Accounting Principles is equal to or greater than that of Tenant; (b) the proposed assignee or sublessee has a demonstrated merchandising capability equal to or greater than that of Tenant as to the use for which the Premises are leased; (c) the proposed assignee or sublessee is morally and financially responsible. Any such assignment shall be subject to all of the terms and conditions of this Lease and the proposed assignee shall assume the obligations of Tenant under this Lease in writing in form satisfactory to Landlord. The proposed assignee shall simultaneously provide to Landlord an estoppel certificate in the form described in Exhibit "C" hereafter. Consent by Landlord to one assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any assignment or subletting without the prior written consent of Landlord shall be void, shall constitute a material breach of this Lease, and shall, at the option of Landlord, terminate this Lease. Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation oflaw.
Landlord shall be under no obligation to consider a request for Landlord's consent to an assignment until Tenant shall have submitted in writing to Landlord a request for IRV #21 IOO vi -11-
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Landlord's consent to such assignment together with audited financial statements of Tenant and the proposed assignee, a history of the proposed assignee's business experience and such other information as required by Landlord to verify that the criteria for assignment as set forth herein are met. If Landlord approves such assignment, Tenant shall pay to Landlord one-half (1/2) of any consideration received by Tenant for such assignment. In addition, if Landlord determines that the Monthly Rent payable to Landlord under this Lease is less than the fair market rental value, as determined by Landlord, Landlord shall have the right to condition its approval to an assignment or subletting on the increase of Monthly Rent to the fair market rental value.
10.0 DEFAULT AND REMEDIES.
10.1 Default by Tenant. In addition to the defaults described in Section 9.0 hereinabove, the occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (a) the failure to pay any rental or other payment required hereunder to or on behalf of Landlord more than three (3) days after written notice from Landlord to Tenant that Tenant has failed to pay rent when due; (b) the failure to perform any of Tenants agreements or obligations hereunder ( exclusive of a default in the payment of money) where such default shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) the vacation or abandonment of the Premises by Tenant; (d) the making by Tenant of a general assignment for the benefit of creditors; (e) the filing by Tenant of a voluntary petition in bankruptcy or the adjudication of Tenant as a bankrupt; (f) the appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Premises or of Tenants leasehold interest in the Premises; (g) the filing by any creditor of Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing; or (h) the attachment, execution or other judicial sei=e of all or substantially all of the assets of Tenant or Tenant's leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days. Any repetitive failure by Tenant to perform its agreements and obligations hereunder, though intermittently cured, shall be deemed an incurable default. Two (2) breaches of the same covenant within a sixty (60) day period, a notice having been given pursuant to (a) or (b) above for the first breach, or three (3) of the same or different breaches at any time during the term of this Lease for which notices pursuant to (a) or (b) above were given for the first two (2) breaches shall conclusively be deemed to be an incurable repetitive failure by Tenant to perform its obligations hereunder.
In the event of any such default or breach by Tenant, Landlord may at any time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by Landlord for such purposes shall be paid by Tenant to Landlord upon demand and as additional rental hereunder. In the event of any such default or breach by Tenant, Landlord shall have the right (i) to continue the Lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease, or (ii) Landlord shall have the right at any time thereafter to elect to terminate the Lease and Tenants right to possession thereunder. Upon such termination, Landlord shall have the right to recover from Tenant:
(i) The worth at the time of award of the unpaid rental which had been earned at the time of termination;
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(ii) The worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided;
(iii) The worth at the time of award of the amount by which the unpaid rental for the balance of the term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and (iv) Any other amount necessary to compensate the Landlord for all the detriment proximately caused by Tenants failure to perform its obligations under the lease or which in the ordinary course of things would be likely to result therefrom.
The "worth at the time of award" of the amounts referred to in subparagraphs (i) and (ii) above shall be computed by allowing interest at three percent (3%) over the prime rate then being charged by Bank of America, N.A. but in no event greater than the maximum rate permitted by law. The worth at the time of award of the amount referred to in subparagraph (iii) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 %), but in no event greater than ten percent ( 10% ).
As used herein "rental" shall include the Monthly Rental, percentage rental equal to the average percentage rental paid or payable by Tenant for the last twelve (12) months or such lesser period as Tenant has been open for business, other sums payable hereunder which are designated "rental" or "additional rental" and any other sums payable hereunder on a regular basis such as reimbursement for real estate taxes.
Such efforts as Landlord may make to mitigate the damages caused by Tenants breach of this Lease shall not constitute a waiver of Landlord's right to recover damages against Tenant hereunder, nor shall anything herein contained affect Landlord's right to indemnification against Tenant for any liability arising prior to the termination of this Lease for personal injuries or property damage, and Tenant hereby agrees to indemnify and hold Landlord harmless from any such injuries and damages, including all attorney's fees and costs incurred by Landlord in defending any action brought against Landlord for any recovery thereof, and in enforcing the terms and provisions of this indemnification against Tenant.
Notwithstanding any of the foregoing, the breach of this Lease by Tenant, or an abandonment of the Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant's right of possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the right to enforce all of its rights and remedies under this Lease, including the right to recover rent, and all other payments to be made by Tenant hereunder, as they become due. Failure of Landlord to terminate this Lease shall not prevent Landlord from later terminating this Lease or constitute a waiver of Landlord's right to do so.
10.2 No Waiver. Acceptance of rental hereunder shall not be deemed a waiver of any default or a waiver of any of Landlord's remedies.
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I 0.3 Landlord's Default. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance then Landlord shall not be deemed in default if Landlord commences performance within a (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to damages and/or an injunction.
I 1.0 CONDEMNATION. In the event a condenmation or a transfer in lieu thereof results in a taking of any portion of the Premises, Landlord may, or in the event a condemnation or a transfer in lieu thereof results in a taking of twenty-five percent (25%) or more of the Premises, Tenant may, upon written notice given within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. Tenant shall not be entitled to share in any portion of the award and Tenant hereby expressly waives any right or claim to any part thereof. Tenant shall, however, have the right to claim and recover, only from the condenming authority (but not from Landlord), any amounts necessary to reimburse Tenant for the cost of removing stock and fixtures. If this Lease is not terminated as above provided, Landlord shall use a portion of the condemnation award to restore the Premises.
12.0 MISCELLANEOUS.
12.1 Entry and Inspection. Tenant shall permit Landlord and his agents to enter into and upon the Premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining the Premises as required by the terms of this Lease or for the purpose of posting notices of non-liability for alterations, additions or repairs, or for the purpose of placing upon the property in which the Premises are located any usual or ordinary "For Sale" signs or any signs for public safety as determined by Landlord. Landlord shall be permitted to do any of the above without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Tenant shall permit Landlord, at any time within six ( 6) months prior to the expiration of this Lease, to place upon the Premises any usual or ordinary "For Lease" signs, and during such six (6) month period Landlord or his agents may, during normal business hours, enter upon said Premises and exhibit same to prospective tenants.
12.2 Estoppel Certificate. If, as a result of a proposed sale, assignment, or hypothecation of the Premises or the land thereunder by Landlord, or at any other time, an estoppel certificate shall be requested of Tenant, Tenant agrees, within ten (I 0) days thereafter, to deliver such estoppel certificate in the form attached hereto as Exhibit "C" addressed to any existing or ·proposed mortgagee or proposed purchaser, and to the Landlord. Tenant shall be liable for any loss or liability resulting from any incorrect information certified, and such mortgagee and purchaser shall have the right to rely on such estoppel certificate and financial statement.
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12.3 Jurisdiction and Venue. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of tenants set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Tenant agrees to submit to the personal jurisdiction of such court in the event of such litigation.
12.4 Partial Invalidity. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.
12.5 Successors in Interest. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.
12.6 No Oral Agreements. This (i) Lease covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Lease, (ii) supersedes any and all previous obligations, agreements and understandings, if any, between the parties, oral or written, and (iii) merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Tenant acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by Landlord or its agents or representatives.
12. 7 Authority. In the event that Tenant is a corporation or a partnership, each individual executing this Lease on behalf of said corporation or said partnership, as the case may be, represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation or partnership, in accordance with a duly adopted resolution of the Board of Directors, if a corporation, or in accordance with the Partnership Agreement if a partnership, and that this Lease is binding upon said corporation or partnership in accordance with its terms. Tenant represents and warrants to Landlord that the entering into this Lease does not violate any provisions of any other agreement to which Tenant is bound!
12.8 Relationship of Parties. The relationship of the parties hereto is that of Landlord and Tenant, and it is expressly understood and agreed that Landlord does not in any way or for any purpose become a partner of Tenant in the conduct of Tenant's business or otherwise, or a joint venturer with Tenant, and that the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained.
12.9 Nondiscrimination. Tenant herein covenants by and for itself, its heirs, executors, administrators and assigns and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, sex, marital status, color, creed, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises herein leased, nor shall the Tenant itself, or IRV#21!00vl -15-
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any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub-lessees, subtenants or vendees in the Premises.
12.10 Notices. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed, ifto Landlord, to the City of Palm Springs, P.O. Box 2743, Palm Springs, California, 92263, Attn: City Manager, and if to Tenant, as specified in Section I. 7. Either party may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (I) day subsequent to mailing.
12.11 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease.
12.12 Termination of Previous Agreement. Upon full execution of this agreement, the previous lease and any amendments hereto are hereby terminated and no longer enforceable.
12.13 Exhibits and Addenda. The Exhibits and Addenda attached to this Lease are made a part hereof as if fully set forth herein. In the event of a conflict between the terms and provisions of an Addendum and the terms and provisions of this Lease, the terms and provisions of the Addenda shall prevail.
[SIGNATURES ON NEXT PAGE]
IRV #21100 vi -16-
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IN WITNESS WHEREOF, the parties have duly executed this Lease together with the herein referred to Exhibits which are attached hereto, on the day and year first above written in Palm Springs, California.
ATTEST:
APPROVED
DRAFTED AND REVIWED
By: ----------------
IRV #21 IOO vi -17-
CITY OF PALM SPRINGS, a
California Charter City _ _...,
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By~: ;.,,,2~~~::::d~~~~~
City Manager
APPROVED BY CllY COUNCIL
/ \D· \1c;. \,?Y: oy G\f2oB'rr
"TENANT"
By: _____________ _
Its: ____________ _
By: ____________ _
Its: ____________ _
Item 1U - Page 23
IRV #21100 vi
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PREMISES
The Southerly 40 feet of lot 5; lot 6; the northerly
42 feet of lot 7; all in book 19 of Palm Springs, as
shown by map in file in book 9, page 432 of maps,
San Diego County Records.
Also known as 211 South Palm Canyon Drive,
"Village Green".
Area #1 on attached map.
Item 1U - Page 24
R4 Travers Smith
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PLOT PLAN OF PREMISES
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LOCATION MAP
(-APPROXIMAT£ LOCATIONS)
CITY OF PALM SPRINGS
DEPARTMENT OF COMMUNJTY DEVELOPMENT
IRV #21100 vi
1.2-a-3
ENGINEERING orvl.SION
Item 1U - Page 25
EXHIBIT "C"
ESTOPPEL CERTIFICATE
Tenant: Arenas Associates dba Palm Springs Fudge & Chocolates Landlord: CITY OF PALM SPRINGS, a Charter City
Date of Lease:
Premises: "Village Green", 211 South Palm Canyon Drive in Palm Springs To: Arenas Associates
211 South Palm Canyon Drive
Palm Springs, CA 92262
The undersigned hereby certifies as follows:
1. The undersigned is the tenant ("Tenant") under the above-referenced lease ("Lease") covering the above-referenced premises ("Premises").
2. The Lease constitutes the entire agreement between landlord and Tenant with respect to the Premises and the Lease has not been modified, changed, altered or amended in any respect except as set forth above.
3. The tenn of the Lease commenced on ____ , 2013 and, including any presently exercised option or renewal term, will expire on ____ , 2018. Tenant has accepted possession of the Premises and is the actual occupant in possession thereof and has not sublet, assigned or hypothecated its leasehold interest All improvements to be constructed on the Premises by Landlord have been rompleted and accepted by Tenant and any tenant ronstruction allowances have been paid in full.
4. As of this date, to the best ofTenant's knowledge, there exists no breach or default, nor state of facts which, with notice, the passage of time, or both, would result in a breach or default on the part of either Tenant or Landlord. To the best of Tenant's knowledge, no claim, controversy, dispute, quarrel or disagreement exists between Tenant and Landlord.
5. Tenant is currently obligated to pay Monthly Rent in installments of $1,707.53 per month, and such monthly installments have been paid not more than one month in advance.
To the best of Tenant's knowledge, no other rent has been paid in advance and Tenant has no claim or defense against Landlord under the Lease and is asserting no offsets or credits against either the rent or Landlord.
Tenant has no claim against Landlord for any security or other deposits except $1,100.00 which was paid pursuant to the Lease.
6. Tenant has no option or preferential right to lease or occupy additional space within the Property of which the Premises are a part. Tenant has no option or preferential right to purchase all of any part of the Premises nor any right or interest with respect to the Premises other than as Tenant under the Lease.
Tenant has no right to renew or extend the tenn of the Lease except as set forth in the Lease.
IRV #21 l00 vl 1
Item 1U - Page 26
7. Tenant has made no agreements with Landlord or its agent or employees concerning free rent, partial rent, rebate ofrental payments or any other type of rent or other concession except as expressly set forth in the Lease.
8. There has not been filed by or against Tenant a petition in bankruptcy, vohmtaiy or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the bankruptcy laws of the United States, or any state thereof, or any other action brought under said bankruptcy laws with respect to Tenant
9. All insurance which Tenant is required to maintain under the Lease has been obtained by Tenant and is in full force and effect and all premiums with respect thereto have been paid.
I 0. Tenant shall keep all window displays in a clean and orderly fashion and be allowed to offer and displaymercbandise which is suitable for a Fudge and Chocolates Store.
Dated this ____ day of __________ ~ 20
By: ________________ _
Its: _________________ _
IRV #21100 vi 11
Item 1U - Page 27
EXHIBIT "D"
RULES AND REGULATIONS
1. All loading and unloading of goods and other related equipment, as well as the parking and storage of related items shall be done only at the times, in the areas and through the entrances reasonably designated for such purposes by City.
2. All loading and unloading of passengers shall be done only at the times, in the areas and through the entrances reasonably designated for such purposes by City.
3. The Tenant is responsible for maintaining the security of guests and students at the Premises through its own efforts.
4. All of Tenant's refuse and rubbish shall be removed on a regular basis at Tenant's sole cost and expense. Tenant shall not burn any trash or garbage of any kind in, about or upon the Premises. Tenant shall not place any rubbish or other matter outside any building within the Facility, except in such containers as are authorized from time to time by City.
5. No radio or television or other similar device audible outside the facility shall be installed without obtaining in each instance the written consent of City. No aerial shall be erected on the roof, exterior walls or grounds of the Premises without first obtaining in each instance the written consent of City which consent shall not be unreasonably withheld or delayed. Any aerial so installed without such written consent shall be subject to removal without notice at any time.
6. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without first obtaining in each instance written consent of City.
7. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems.
8. The outside sidewalks, parking lots and loading areas immediately adjoining the premises shall be kept clean and free from dirt and rubbish by Tenant to the reasonable satisfaction of City, and Tenant shall not place or permit any obstructions or merchandise in such areas, except to the extent specifically permitted by the provisions of Tenant's lease.
9. Tenant shall not use, and shall not allow anyone else to use, the Facility as a habitation. Such prohibition shall include, without limitation, sleeping, eating or bathing.
10. No vehicle servicing or fueling shall be allowed on the Premises, including the changing of wheels or tires, pumping fuel, emptying liquid waste tanks, or servicing any engine or motor.
IRV #21 l00 vi l11
Item 1U - Page 28
AMENDMENT NO. 1 TO
AMENDED AND RESTATED LEASE
(ARENAS ASSOCIATES dba PALM SPRINGS FUDGE & CHOCOLATES) This Amendment No. 1 to the Amended and Restated Lease Agreement ("Amendment .. ) is made and entered into this I')""- day of l)u.fflbc( , 2018, by and between the City of Palm Springs ("City") and Arenas Associates dba Palm Springs Fudge & Chocolates, an S-Corporation ("Tenant"), for the lease of 211 South Palm Canyon Drive located within the "Village Green" in Palm Springs. California.
RECITALS
WHEREAS, the City and Tenant previously entered into an amended and restated lease agreement {"Lease Agreement") on November 18, 2013; and WHEREAS. the Lease Agreement was for an initial period of five years, beginning November 18, 2013 and ending November 17, 2018, with the option of one additional five-year term subject to mutual agreement on adjustment of minimum monthly rent to the fair market value for the first year of the extended term; and
WHEREAS, the City and Tenant desire to renew the Lease Agreement for the five-year extension option term at the mutually agreed value.
NOW, THEREFORE, the City and Tenant do hereby mutually agree as follows:
AGREEMENT
1. The term of the Facility Use Agreement shall be extended for five years from November 18, 2018 to November 17, 2023.
2. Starting Monthly rent effective November 18, 2018 shall be adjusted to $1,903.53.
3. Replace Section 1.3 in its entirety with the following:
1.3 Rental. Rental shall be $1 ,903.53 per month, with Tenant to pay all operational utility and maintenance cost necessary to operate the Premises in accordance with the maintenance standards of Section 5.3 and other provisions of the Lease. Upon each anniversary date of the Commencement Date, monthly rental shall be adjusted (i) in an amount equal to the increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics (1982-1984 = 100) [the "CPI"] for "All Items-All Urban Consumers", for the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area, during the preceding twelve (12) month period; or (ii) three percent (3%), whichever is greater. The base month for increases under this Section shall be the most 1 DUPLICATE
ORIGINAL
Item 1U - Page 29
recently measured twelve {12) month period prior to the commencement of each annual anniversary of the Commencement Date.
4. Replace Section 12.9 in its entirety with the following:
12.9 Nondiscrimination. In connection with its performance under this Agreement, Tenant 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"). Tenant 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, Tenant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Tenant 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; leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises herein leased; and further, that Tenant 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.
5. All other terms and conditions of the Lease Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
2 Item 1U - Page 30
IN WITNESS THEREFORE, these parties have executed this Amendment on the day and year first set forth above.
CITY OF PALM SPRINGS
ATTEST:
Anthony J.
APPROVED AS TO FO
- ~"'= .,,.,J ~ ~ ; Edward Z. Kotkin,CiAttqDe~
ARENAS ASSOCIATES dba
PALM SPRINGS FUDGE & CHOCOLATES
Lutfa~~. ~~~r~
3 APPROVED BYGITY cou.NCJL
fAfr, :t::C. 10),"\o AS:J-S'.3
Date: __ ! I ~'---0_5"~)_7_o_l_g--__
Item 1U - Page 31
AMENDMENT NO. 2 TO
AMENDED AND RESTATED LEASE
(ARENAS ASSOCIATES dba PALM SPRINGS FUDGE & CHOCOLATES) AT 211 SOUTH PALM CANYON DRIVE
This SECOND AMENDMENT ("Second Amendment") to the Amended and Restated Lease Agreement ("Amendment") is made and entered into this / 2.. day of OcAobt.r , 2023, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City" or "Lessor"), and the ARENAS ASSOCIATES dba PALM SPRINGS FUDGE & CHOCOLATES, an S-Corporation ("Lessee"), for the lease of 211 South Palm Canyon Drive located within the "Village Green" in Palm Springs, California.
RECITALS
WHEREAS, the City and the Lessee entered into an amended and restated lease agreement ("Lease Agreement") on November 18, 2013; and WHEREAS, the Lease Agreement was for an initial period of five years, beginning November 18, 2013 and ending November 17, 2018, with the option of one additional five-year term subject to mutual agreement on adjustment of minimum monthly rent to the fair market value for the first year of the extended term; and WHEREAS, the City and Lessee entered into a First Amendment to extend the Lease term by five years subject to mutual agreement on adjustment of minimum monthly rent to the fair market value for the first year of the extended term; and WHEREAS, the City and Lessee desire to amend the lease to allow for the option of one additional five-year term subject to mutual agreement on adjustment of minimum monthly rent to the fair market value for the first year of the extended term.
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Lessee agree to amend the Lease as follows:
1. The term of this Lease shall be extended for five years from November 18, 2023 to November 17, 2028.
2. Starting Monthly rent effective November 18, 2023, shall be adjusted to $1,966.35.
3. Replace Section 1.3 in its entirety with the follow:
1.3 Rental. Rental shall be $1 ,966.35 per month, with Tenant to pay all operational utility and maintenance cost necessary to operate the Premises in accordance with the maintenance standards of Section 5.3 and other provisions of the Lease. Upon each anniversary date of the Commencement Date, monthly rental shall be adjusted (i) in an Item 1U - Page 32
amount equal to the increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics (1982-1984 = 100) [the "CPI] for "All Items-All Urban Consumers", for the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area, during the preceding twelve (12) month period; or three percent (3%), whichever is greater. The base month for increases under this Section shall be the most recently measured twelve (12) month period prior to the commencement of each annual anniversary of the Commencement Date.
4. All other terms and conditions of the Lease Agreement shall remain in full force and effect.
5. Counterparts. This Second Amendment may be executed in one or more counterparts.
[Signatures on following page]
2 Item 1U - Page 33
IN WITNESS WHEREOF, the this Second Amendment is effective as of the date of City Council approval below.
Date: __ ~.,._~ _,,1
~/ 2-~3 ____ _
APPROVED AS TO FORM:
By~~9;,--~ JBangr.' ::::,.,
City Attorney
ARENAS ASSOCIATES dba
"CITY"
City of Palm Sp:'.K
By: ~-
Scott C. Stiles, ICMA-CM
City Manager
ATTEST
By ~
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL
0c:h>nc l~ J ..2°z.3 :ff..e-tn I. c. A-s~5
PALM SPRINGS FUDGE & CHOCOLATES
By L§cr- ~ro-\L
Lufta Mobarak,
Owner
3 ATTACHMENT B
Item 1U - Page 34
1 AMENDMENT NO. 3 TO
AMENDED AND RESTATED LEASE
(ARENAS ASSOCIATES dba PALM SPRINGS FUDGE & CHOCOLATES) AT 211 SOUTH PALM CANYON DRIVE
This THIRD AMENDMENT (“Third Amendment”) to the Amended and Restated Lease Agreement (“Amendment”) is made and entered into this ____ day of __________, 2023, by and between the CITY OF PALM SPRINGS, a municipal corporation (“City” or “Lessor”), and the ARENAS ASSOCIATES dba PALM SPRINGS FUDGE & CHOCOLATES, an S-Corporation (“Lessee”), for the lease of 211 South Palm Canyon Drive located within the “Village Green” in Palm Springs, California.
RECITALS
WHEREAS, the City and the Lessee entered into an amended and restated lease agreement (“Lease Agreement”) on November 18, 2013; and WHEREAS, the Lease Agreement was for an initial period of five years, beginning November 18, 2013 and ending November 17, 2018, with the option of one additional five-year term subject to mutual agreement on adjustment of minimum monthly rent to the fair market value for the first year of the extended term; and WHEREAS, the City and Lessee entered into a First Amendment to extend the Lease term by five years subject to mutual agreement on adjustment of minimum monthly rent to the fair market value for the first year of the extended term; and WHEREAS, the City and Lessee entered into a Second Amendment on October 12, 2023, to extend the Lease term by five years, beginning November 18, 2023, and ending November 17, 2028; and
WHEREAS, the City and Lessee desire to amend the lease to increase the rent based on previous and current year Consumer Price Index increases, consistent with the terms and conditions of the Lease Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Lessee agree to amend the Lease as follows:
1. Starting monthly rent effective November 18, 2023, shall be adjusted to $2,299.18.
2. Replace Section 1.3 in its entirety with the follow:
Item 1U - Page 35
2 1.3 Rental. Rental shall be $2,299.18 per month, with Tenant to pay all operational utility and maintenance cost necessary to operate the Premises in accordance with the maintenance standards of Section 5.3 and other provisions of the Lease. Upon each anniversary date of the Commencement Date, monthly rental shall be adjusted (i) in an amount equal to the increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics (December 2017 = 100) [the “CPI] for “All Items-All Urban Consumers”, for the Riverside-San Bernardino-Ontario Metropolitan Statistical Area, during the preceding twelve (12) month period; or three percent (3%), whichever is greater. The base month for increases under this Section shall be the most recently measured twelve (12) month period prior to the commencement of each annual anniversary of the Commencement Date.
3. All other terms and conditions of the Lease Agreement shall remain in full force and effect.
4. Counterparts. This Third Amendment may be executed in one or more counterparts.
[Signatures on following page]
Item 1U - Page 36
3 IN WITNESS WHEREOF, this Third Amendment is effective as of the date of City Council approval below.
“CITY”
City of Palm Springs
Date:__________________________ By: _______________________________ Scott C. Stiles, ICMA-CM
City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________ Jeff Ballinger, Brenda Pree, MMC, CERA
City Attorney City Clerk
ARENAS ASSOCIATES dba
PALM SPRINGS FUDGE & CHOCOLATES
By: ___________________________
Lufta Mobarak,
Owner
Item 1U - Page 37
ATTACHMENT C
Item 1U - Page 38
Item 1U - Page 39
1. 2.
3. 4.
5. PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Name of Entity
ARfNAS Assoc,~ TEs lnc , ])BA
Spn-n~s 1=9~ £ chc,co\o..4-e~
Address of Entity (Principle Place of Business)
2. l\ s Pt:tl~ C<>-fly0'1i\J>n~. fo.lm <:5~m~ ,cA qi).61- Local or California Address (ff different than #2)
State where Entity Is Registered with Secretary of State CAt.-' F'o R. N I Pl
If other than California, is the Entitv also reaistered in California? Yes n No Type of Entity
lxt 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 entlt;y UJTF'f\ MoS/\Rf\(L D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
~other Owoe12.
[name]
D Officer D Director D Member D Manager D General Partner D Limited Partner • Other
[name]
D Officer D Director D Member D Manager D General Partner D Limited Partner • Other
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
Item 1U - Page 40
7. Owners/Investors with a 5% beneficial interest in the ADDlicant Entitv or a related entltv
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
(name of owner/Investor] [percentage of beneficial interest in entity and name of entitvl
A.
LVTFA MoB/\12A~ 1oot Po.\m Spnn3s V:-u.~ t~ 1 Chbco\ s
[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 entitvl
C.
[name of owner/Investor) [percentage of beneficial Interest in entity and name of entllvl
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 entitvl
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
t...J&,- -~ro..\e._
LUTFA MoBI\RAk, Owner,
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENTNO. 1 TO
THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
1. Authorize the City Manager to execute all documents necessary to effectuate this action.
2. Attachments
Item 1V
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24
FROM: Scott C. Stiles, City Manager
BY: Stephanie George, Director of Human Resources
SUMMARY:
The City Council will consider a second amendment to the 2023/24 fiscal year Allocated Positions and Compensation Plan, which includes the reclassification of 3 positions, a title change, a department transfer, and adding a previously approved grant-funded police officer to the allocated position and compensation plan. There is no significant fiscal impact and the number of full-time equivalent (FTE) staff will be increased by one (1).
RECOMMENDATION:
1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
2. Authorize the City Manager to execute all documents necessary to effectuate this action.
BACKGROUND:
The Allocated Positions and Compensation Plan (“plan”) includes all authorized positions within the City as approved during the fiscal year budget. Staffing needs are continually being assessed and as needs change, position changes are sometimes necessary. Every effort has been made to stay within the current budget and number of allocated positions.
Communications
The newly formed Department of Communications has a vacant Director of Communications (EX2 60) position. The addition of a Chief Communications Officer has rendered this classification, as it currently exists, obsolete. The City is still in need of a Item 1V - 1
City Council Staff Report
December 14, 2023 – Page 2
2023-2024 Allocated Positions and Compensation Plan – Amendment 2 forward-facing, communications position and a Public Information Officer classification is more appropriate for current needs of the department. A salary survey was conducted, and it was determined that the range of EX2 55 of the executive salary schedule was most appropriate.
Staff recommends reclassifying the vacant Director of Communications (EX2 60) position to a Public Information Officer (EX2 55) position. This reclass will result in a slight salary savings.
Police
Three Jail Transport Officer positions were reclassed to Community Service Officer (CSO) positions with the FY2023/2024 budget to make 10 total CSOs. Upon closer review, there is less of a need for this many community service officers as the need for increased administrative support. The Police Department has reviewed their administrative needs and due to increasing demands and movement within the department, would like to reclassify two vacant classifications to better fit the needs of the department. Special attention was made to operate within the current budget and personnel allocation.
Staff recommends reclassifying the vacant Executive Program Administrator (EX2 52) to Executive Administrative Assistant (EX2 45) and the vacant Community Service Officer (GU36) to an Administrative Assistant (GU33). These reclassifications will result in a slight salary savings.
Additionally, Council approved the terms and conditions of a grant from the State of California Board of State of Community Corrections, Organized Retail Theft Prevention Grant Program on November 9, 2023. This grant provides the funding of a police officer from October 1, 2023 to June 1, 2027. Due to the size of the department, as well as current and historical difficulty hiring police officers, it is typical and expected to consistently maintain some vacancies within the police officer classification. At the conclusion of the grant, the officer can be moved to a City-funded vacant position. If a vacant position doesn’t exist, the position will be an over-hire until a vacancy is created.
Staff recommends adding a grant-funded police officer to the allocated positions and compensation plan until June 1, 2027 at which point the position will be absorbed using a police officer vacancy available at that time or until the next time a vacancy becomes available.
Community & Economic Development
The Central Business District Administrator position is responsible for overseeing and coordinating integrated business communication and service programs throughout the city. Removing “central” from the title clarifies that the position will serve the entire city.
Item 1V - 2
City Council Staff Report
December 14, 2023 – Page 3
2023-2024 Allocated Positions and Compensation Plan – Amendment 2 Staff recommends a title change from Central Business District Administrator to Business District Administrator. This change has no impact to the budget.
The Chief Economic Development Officer and (Central) Business District Administrator will work in tandem to serve the City’s businesses and economic interests. Transferring these classifications out of the Community and Economic Development Department and to the City Manager’s Office will allow more efficient communication and coordination to accomplish their mission and goals.
Staff recommends transferring the Chief Economic Development Officer and (Central) Business District Administrator to the City Manager’s Office. This change has no impact to the budget.
FISCAL IMPACT:
Approval of this amendment is covered by current budgeted funds.
REVIEWED BY:
Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:
A) Proposed Resolution Amendment 2 to Allocated Positions and Compensation Plan B) Amended Allocated positions and compensation plan for fiscal year 2023-24 C) Amended Executive and Elected Salary Schedule
D) Amended Management Unit Salary Schedule
Item 1V - 3
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2023-
2024, ADOPTED ON JUNE 29, 2023.
WHEREAS, Council approved the allocated positions and compensation plan with the adoption of the fiscal year 2023-24 budget on June 29, 2023.
WHEREAS, Staff met and conferred with the representing associations on the affected positions and the need to make staffing adjustments exists.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That effective December 10, 2023, the Allocated Positions and Compensation Plan is hereby amended as follows:
Department Action Detail/Classification +/-
FTE Unit/Range
Community &
Economic Dev Reorganize Move 2 classifications to
the City Manager’s Office 0 N/A
Library Reclass Library Operations and Collections Manager to Assistant Director of Library Services 0 MX49 to
EX2 60
Police Reclass Executive Program Administrator to
Executive Administrative Assistant 0 EX2 52 to
EX2 45
Police Reclass Community Services Officer to
Administrative Assistant 0 GU36 to
GU33
Police Add Police Officer (grant funded for 3 years) 1 PS 40 City Manager Title
Change
Central Business District Administrator to
Business District Administrator 0 N/A
Communications Reclass Director of Communications to
Public Information Officer 0 EX 2 60 to
EX 2 55
SECTION 2. The Director of Human Resources is authorized and directed to modify the Fiscal Year Allocated Positions Plan and fulfill any meet and confer process(es) in accordance with these changes and other non-substantial administrative changes.
Total Authorized positions 2023-2024 (As Adopted) 620.00 Total Authorized positions 2023-2024 (Amendment 1) 619.00 Total Authorized positions 2023-2024 (Amendment 2) 620.00 Item 1V - 4
Resolution No. _____
ADOPTED THIS 14TH DAY OF DECEMBER 2023.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1V - 5
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 21st day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 1V - 6
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan AVIATION 86.50
Airport Administration Section Total 17.00
Executive Director PS International Airport EX3 83 1.00 Assistant Airport Director EX3 72 1.00
Airport Safety Management Systems Manager MX 54 1.00
Deputy Director of Planning & Engineering EX3 70 1.00
Aviation Planner MX 52 1.00
Business Intelligence Developer MX 55 1.00
Innovation & Strategic Implementation Manager MX 54 1.00 Project Manager MX 58 1.00
Executive Program Administrator EX2 52 2.00
Executive Administrative Assistant EX2 45 1.00
Deputy Director of Aviation - Marketing MX 62 1.00
Marketing & Communications Specialist MX 51 1.00
Community Engagement & Legislative Affairs Specialist EX2 54 1.00 Airport Administration Manager MX 61 1.00
Administrative Specialist MX 41 1.00
Account Specialist II G 39 1.00
Control Center Operations Section Total 26.00
Airport Operations Manager MX 56 2.00
Airport Security Supervisor MX 52 1.00
Airport Security Manager MX 56 1.00
Airport Operations Supervisor MX 52 4.00
Airport Operations Specialist II G 46 3.00
Airport Operations Specialist I G 44 15.00
Airport Operations Aide G 34 0.00
Terminal Operations Section Total 43.50
Maintenance Superintendent MX 54 1.00
Maintenance Supervisor MX 51 4.00
Maintenance Coordinator G 41 2.00
Maintenance Electrician G 45 1.00
Maintenance Technician HVAC G 45 2.00
Maintenance Technician, Senior G 45 1.00
Maintenance Technician II G 39 3.00
Maintenance Technician I G 35 4.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 17.00
Industrial Technician, Lead G 48 1.00
Industrial Technician G 45 3.00
Custodian G 25 2.50
Dept./Section/Classification Unit Range Allocated
Positions
Revised December 14, 2023
Effective December 24, 2023
Item 1V - 7
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
BUILDING & SAFETY 15.00
Building & Safety Section Total 15.00
Building Official EX2 67 1.00
Plans Examiner Supervisor MX 55 1.00
Building Inspector Supervisor MX 51 1.00
Administrative Assistant G 33 1.00
Administrative Specialist MX 41 1.00
Plans Examiner G 47 2.00
Building Inspector G 45 4.00
Permit Center Technician G 43 4.00
CITY CLERK 6.00
City Clerk Section Total 6.00
City Clerk EX4 73 1.00
Chief Deputy City Clerk MX 54 1.00
Deputy City Clerk MX 40 2.00
Executive Administrative Assistant EX2 45 1.00
Executive Services Assistant G 28 1.00
CITY COUNCIL 2.00
City Council Section Total 2.00
Executive Assistant Mayor/Council EX2 48 1.00
Executive Administrative Assistant EX2 45 1.00
CITY MANAGER 8.00
City Manager Section Total 6.00
City Manager CM FLAT 1.00
Business District Administrator MX 59 1.00
Chief Economic Development Officer EX3 70 1.00
Deputy City Manager EX4 84 1.00
Executive Services Administrator EX2 48 1.00
Special Assistant to the City Manager EX2 66 1.00
Assistant City Manager Section Total 2.00
Assistant City Manager¹ EX4 88 1.00
Executive Program Administrator (Funded in Dev Services) EX2 52 1.00 Revised December 14, 2023
Effective December 24, 2023
Item 1V - 8
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
COMMUNICATIONS 4.00
Communications Section Total 4.00
Chief Communications Officer EX2 64 1.00
Public Information Officer EX2 55 1.00
Office of Neighborhoods, Manager EX2 60 1.00
Marketing & Communications Specialist MX 51 1.00
ENGINEERING SERVICES 17.00
Engineering Services Section Total 17.00
City Engineer EX3 79 1.00
Administrative Specialist MX 41 1.00
Administrative Secretary MX 39 1.00
Civil Engineer, Associate¹ MX 59 1.00
Civil Engineer, Senior¹ (Funded in Wastewater) MX 64 2.00 Civil Engineer, Senior (Funded in Aviation) MX 64 1.00
Engineering Assistant MX 51 1.00
Engineering Assistant, Senior¹ MX 53 1.00
Engineering Associate MX 59 1.00
Public Works Inspector, Senior¹ MX 52 1.00
Permit Center Technician¹ G 43 1.00
Principal Engineer MX 66 1.00
Project Manager MX 58 2.00
Public Works Inspector1 G 46 2.00
FINANCE & TREASURY 24.00
Administration & Treasury Section Total 6.00
Director of Finance & Treasurer EX3 82 1.00
Accounting Manager MX 59 1.00
Auditor MX 54 3.00
Executive Administrative Assistant EX2 45 1.00
Accounting & Accounts Receivable Section Total 5.00
Assistant Director of Finance EX3 72 1.00
Accountant MX 51 2.00
Accountant (funded in Aviation) MX 51 1.00
Account Specialist II G 39 1.00
Budget, Audit & Revenue Section Total 8.00
Audit & Revenue Supervisor MX 58 1.00
Budget Analyst MX 54 1.00
Budget Manager MX 59 1.00 Revised December 14, 2023
Effective December 24, 2023
Item 1V - 9
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Account Specialist G 35 1.00
Account Clerk I G 28 1.00
Account Clerk II G 31 2.00
Account Technician, Senior MX 45 1.00
Payroll & Accounts Payable Section Total 5.00
Account Technician, Senior MX 45 1.00
Payroll and Accounting Manager EX2 63 1.00
Payroll Coordinator MX 46 1.00
Account Specialist G 35 2.00
FIRE 97.00
Airport Rescue Firefighting Section Total 12.00
Fire Captain FC 64 3.00
Fire Engineer (includes Paramedic classification) F 45 - 46 9.00 CFD Public Safety Fire Section Total 0.80
Fire Captain (includes Paramedic classification) F 64 - 65 0.80 Fire Administration Section Total 81.70
Fire Battalion Chief FMX 70 4.00
Fire Captain (includes Paramedic classification) F 64 - 65 17.20 Fire Chief EX4 89 1.00
Fire Deputy Chief FMX 78 2.00
Fire Engineer (includes Paramedic classification) F 45 - 46 15.00 Firefighter (includes Paramedic classification) F 40 - 41 30.50 Firefighter (overhire) F 40 - 41 1.00
Account Specialist II G 39 1.00
Administrative Specialist MX 41 1.00
Administrative Assistant G 33 1.00
Emergency Medical Services Coordinator MX 53 1.00
Emergency Management Coordinator MX 53 1.00
Fire Marshal MX 64 1.00
Fire Prevention Specialist G 42 4.00
Plans Examiner II G 54 1.00
Safety Augmentation - Fire Section Total 2.50
Firefighter (includes Paramedic classification) F 40 - 41 2.50 HOUSING & COMMUNITY DEVELOPMENT 8.00
Community & Economic Development Section Total 5.22
Deputy City Manager EX4 84 1.00
Director of Housing & Community Development EX3 76 0.27 Revised December 14, 2023 Effective December 24, 2023
Item 1V - 10
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Administrative Specialist MX 41 1.00
Community Development Administrator MX 53 0.45
Homeless Outreach Coordinator MX 53 1.00
Housing Services Administrator MX 57 1.00
Redevelopment Coordinator MX 51 0.50
Community Development Block Grant Section Total 0.20
Community Development Administrator MX 53 0.20
CRA Merged Area #1/Merged #1 CAP Successor Section Total 0.93 Director of Housing & Community Development EX3 76 0.43 Redevelopment Coordinator MX 51 0.50
Housing Successor Project Section Total 0.20
Director of Housing & Community Development EX3 76 0.15 Community Development Administrator MX 53 0.05
New Housing Section Total 1.15
Director of Housing & Community Development EX3 76 0.15 Community Development Administrator MX 53 0.30
Housing Program Assistant G 39 0.70
Rent Control Section Total 0.30
Housing Program Assistant G 39 0.30
HUMAN RESOURCES 12.00
Employee Benefits Section Total 1.75
Director of Human Resources EX4 76 0.30
Executive Administrative Assistant EX2 45 0.20
Executive Program Administrator EX2 52 0.20
Human Resources Specialist, Senior MX 50 0.45
Human Resources Specialist MX 43 0.60
Human Resources Section Total 5.95
Administrative Specialist MX 41 1.00
Director of Human Resources EX4 76 0.25
Executive Administrative Assistant EX2 45 0.50
Executive Program Administrator EX2 52 0.50
Human Resources Manager EX2 63 1.00
Human Resources Specialist (funded in Aviation) MX 43 1.00 Human Resources Specialist MX 43 1.70
Workers Compensation Section Total 4.30
Director of Human Resources EX4 76 0.45
Executive Administrative Assistant EX2 45 0.30
Executive Program Administrator EX2 52 0.30 Revised December 14, 2023 Effective December 24, 2023
Item 1V - 11
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Human Resources Specialist MX 43 0.70
Human Resources Specialist, Senior MX 50 1.55
Human Resources Technician G 37 0.00
Occupational Health & Safety Manager EX2 63 1.00
INFORMATION TECHNOLOGY 20.00
Information Technology Section Total 20.00
Director of Information Technology EX3 78 1.00
Assistant Director of Information Technology EX3 72 1.00 Administrative Assistant G 33 1.00
Business Systems Analyst MX 52 1.00
GIS Analyst MX 49 1.00
GIS Technician GU 46 1.00
Information Technology Manager MX 67 0.00
Information Technology Network Engineer MX 64 1.00
Information Technology Analyst MX 48 1.00
Network Administrator MX 54 3.00
Information Technology Technician G 46 5.00
Information Technology Technician (Funded in Aviation) G 46 4.00 LIBRARY 15.25
Library Section Total 15.25
Director of Library Services EX3 76 1.00
Assistant Director of Library Services EX2 60 1.00
Library & Public Services Manager MX 49 1.00
Librarian MX 45 5.50
Library Assistant, Senior G 29 1.00
Library Assistant G 25 5.50
Library Page G 16 0.25
MAINTENANCE & FACILITIES 62.00
Downtown/Uptown Maintenance Section Total 13.00
Maintenance Supervisor I MX 48 1.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 10.00
Facilities Maintenance Section Total 19.00
Director of Public Works EX3 79 1.00
Assistant Director of Maintenance & Facilities EX2 63 1.00 Deputy Director of Maintenance & Facilities MX 60 1.00 Revised December 14, 2023 Effective December 24, 2023
Item 1V - 12
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Maintenance Supervisor II MX 51 1.00
Administrative Assistant G 33 1.00
Account Specialist II G 39 1.00
Administrative Specialist MX 41 2.00
Cogeneration Technician, Senior G 51 1.00
Cogeneration Technician G 41 0.00
Maintenance Technician HVAC G 45 2.00
Maintenance Electrician G 45 2.00
Maintenance Manager MX 54 1.00
Maintenance Mechanic, Senior G 45 1.00
Maintenance Mechanic I - Building G 35 3.00
Project Manager MX 58 1.00
Fleet Operations Section Total 8.00
Fleet Maintenance Manager MX 58 1.00
Fleet Maintenance Technician, Lead G 45 1.00
Fleet Maintenance Technician III G 42 2.00
Fleet Maintenance Technician II G 39 2.00
Adminstrative Assistant G 33 1.00
Parts Specialist G 30 1.00
Parks Maintenance Section Total 12.00
Maintenance Supervisor MX 51 1.00
Maintenance Mechanic I - Parks G 35 3.00
Maintenance Mechanic, Lead G 38 1.00
Maintenance Worker, Lead G 38 1.00
Maintenance Worker I G 28 6.00
Street Cleaning Section Total 0.25
Street Maintenance Manager MX 55 0.25
Street Maintenance Section Total 9.75
Street Maintenance Manager MX 55 0.75
Street/Traffic Maint Worker/Senior Heavy Equip Operator G 44 1.00 Street/Traffic Maintenance Worker, Lead G 38 2.00
Street/Traffic Maintenance Worker G 31 6.00
PLANNING SERVICES 11.00
Planning Services Section Total 11.00
Director of Development Services EX3 81 0.00
Director of Planning Services EX3 79 1.00
Assistant Director of Planning EX3 70 1.00
Principal Planner MX 66 2.00
Associate Planner MX 52 3.00 Revised December 14, 2023
Effective December 24, 2023
Item 1V - 13
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Assistant Planner MX 47 1.00
Administrative Assistant G 33 1.00
Administrative Specialist MX 41 1.00
Planning Technician G 41 1.00
POLICE 163.00
Airport Security Section Total 10.00
Police Officer (Aviation - TSA) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Police Officer (Aviation) (includes Senior & Master Officer classifications) P 46 - 47 7.00 Police Sergeant (Aviation) (includes Sergeant II & III classifications) P 55 - 57 1.00 Animal Services Section Total 3.00
Animal Services Officer G 36 3.00
CFD Public Safety Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 Dispatch Center Section Total 18.00
Dispatcher Supervisor MX 46 2.00
Dispatcher G 40 16.00
Grant Funded Section Total 1.00
Police Officer (includes Senior & Master Officer classifications) P 45-47 1.00 Police Administration & Enforcement Section Total 127.00 Police Chief EX4 89 1.00
Executive Administrative Assistant EX2 45 1.00
Police Captain PMX 73 2.00
Police Lieutenant PMX 66 5.00
Police Sergeant (includes Sergeant II & III classifications) P 55 - 57 15.00 Police Officer (includes Senior & Master Officer classifications) P 45 - 47 70.00 Police Officer (Overhire) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Crime Scene Technician G 44 2.00
Police Services Manager MX 61 1.00
Police Services Supervisor MX 44 1.00
Community Outreach & Media Specialist G 41 1.00
Crime Analyst G 41 1.00
Rangemaster G 41 1.00
Professional Standards Coordinator G 38 1.00
Property Technician G 37 2.00
Community Service Officer G 36 9.00
Police Records Technician G 36 1.00
Administrative Specialist MX 41 1.00
Administrative Assistant G 33 2.00
Police Trainee G 40 0.00 Revised December 14, 2023
Effective December 24, 2023
Item 1V - 14
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Police Services Officer G 30 8.00
Safety Augmentation - Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 PROCUREMENT & CONTRACTING 4.00
Procurement & Contracting Section Total 4.00
Director of Procurement & Contracting EX2 65 1.00
Procurement Specialist II MX 48 2.00
Procurement Specialist I G MX* 43 1.00
PARKS AND RECREATION 40.25
Parks and Recreation Section Total 30.25
Director of Parks & Recreation EX3 76 1.00
Assistant Director of Parks & Recreation EX2 63 1.00
Parks and Recreation Manager MX 54 1.00
Community Center Manager MX 54 1.00
Project Manager MX 58 1.00
Recreation Program Assistant G 21 13.25
Program Coordinator2 G 35 4.00
Special Events Manager2 MX 54 1.00
Recreation Supervisor MX 41 1.00
Park Ranger G 24 3.00
Administrative Assistant G 33 1.00
Administrative Specialist MX 41 1.00
Maintenance Worker I G 28 1.00
Swim Center Section Total 10.00
Aquatics Manager MX 38 1.00
Aquatics Supervisor MX 28 1.00
Lifeguard, Lead G 23 1.00
Lifeguard G 20 7.00
Lifeguard Trainee G 19 0.00
SPECIAL PROGRAM COMPLIANCE 21.00
Special Program Compliance Section Total 6.00
Director of Special Program Compliance EX3 70 1.00
Administrative Assistant G 33 2.00
Account Technician, Senior MX 45 1.00
Administrative Specialist MX 41 1.00
Assistant Director of Special Program Compliance EX2 58 1.00 Revised December 14, 2023 Effective December 24, 2023
Item 1V - 15
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Code Compliance Section Total 15.00
Code Compliance Officer G 41 12.00
Code Compliance Supervisor MX 53 2.00
Administrative Assistant G 33 1.00
SUSTAINABILITY 4.00
Office of Sustainability Section Total 2.50
Office of Sustainability Director EX2 64 0.25
Program Coordinator G 35 0.25
Climate Action and Sustainability Specialist MX 48 2.00 Recycling Section Total 1.50
Office of Sustainability Director EX2 64 0.75
Program Coordinator G 35 0.75
FY 2023-24 Amendment 2 Total Positions 620.00
FY 2023-24 Amendment 1 619.00
FY 2023-24 Total Positions 620.00
FY2022-23 Amendment 4 Total Positions 584.50
FY2022-23 Amendment 3 Total Positions 579.50
FY2022-23 Amendment 2 Total Positions 577.50
FY2022-23 Amendment 1 Total Positions 576.50
FY 2022- 23 Total Positions 575.50
CM Denotes City Manager position
EX Denotes exempt positions
F
FMX
G Denotes general unit positions represented by the Public Employees Association of Palm Springs MX Denotes management, professional and confidential positions represented by the Management Association of Palm Springs P
PMX
1 2 Denotes positions funded through Village Fest and Special Events Denotes fire management positions represented by the Palm Springs Fire Management Association Denotes police safety positions represented by the Palm Springs Police Officers' Association Denotes police management positions represented by the Palm Springs Police Management Association Denotes positions partially funded through the Waste Water Treatment Plant Denotes firefighter positions represented by the Palm Springs Firefighters Association Revised December 14, 2023
Effective December 24, 2023
Item 1V - 16
SALARY AND CLASSIFICATION
SCHEDULE
EXECUTIVE AND ELECTED
FY 2023-24
Item 1V - 17
EXECUTIVE AND ELECTED
Classifications
(EX2, EX3, EX4, CM/EO)
FY 2023-24
Position Title Table Range
Assistant Director of Library Services EX2 60
Assistant Director of Maintenance & Facilities EX2 63
Assistant Director of Parks & Recreation EX2 63
Assistant Director of Special Program Compliance EX2 58 Building Official EX2 67
Chief Communications Officer EX2 64
Community Engagement & Legislative Affairs Specialist EX2 54 Director of Procurement & Contracting EX2 65
Director, Office of Sustainability EX2 64
Executive Administrative Assistant EX2 45
Executive Assistant Mayor/Council EX2 48
Executive Program Administrator EX2 52
Executive Services Administrator EX2 48
Human Resources Manager EX2 63
Occupational Health and Safety Manager EX2 63
Office of Neighborhoods, Manager EX2 60
Payroll and Accounting Manager EX2 63
Public Information Officer EX2 55
Special Assistant to the City Manager EX2 66
Assistant Airport Director EX3 72
Assistant Director of Finance EX3 72
Assistant Director of Information Technology EX3 72
Assistant Director of Planning EX3 70
Chief Economic Development Officer EX3 70
City Engineer EX3 79
Deputy Director of Planning & Engineering EX3 70
Director of Development Services EX3 81
Director of Finance & Treasurer EX3 82
Director of Housing & Community Development EX3 76
Director of Information Technology EX3 78
Director of Library Services EX3 76
Director of Parks & Recreation EX3 76
Director of Planning Services EX3 79
Director of Public Works EX3 79
Director of Special Program Compliance EX3 70
Executive Director Palm Springs International Airport EX3 83 Assistant City Manager EX4 88
City Clerk EX4 73
Deputy City Manager EX4 84
Director of Human Resources EX4 76
Fire Chief EX4 89
Police Chief EX4 89
City Manager CM/EO See Table
Revised December 14, 2023
Effective December 24, 2023 Item 1V - 18
EXECUTIVE AND ELECTED
Classifications
(EX2, EX3, EX4, CM/EO)
FY 2023-24
Position Title Table Range
Elected Official - Mayor CM/EO See Table
Elected Official - City Councilmember CM/EO See Table
Revised December 14, 2023
Effective December 24, 2023 Item 1V - 19
EXECUTIVE
Certification Key
FY 2023-24
Type
Master's Degree
Bilingual (Speaking and Listening) 2.5% $125
Bilingual (Writing) 2.5% $125
Notary 5.0% $100
Professional License or Certification
Premium
5.0%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.
Education, licenses, or certifications required to meet job requirements are not applicable to receive additional premium pay.
Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.
5.0%
Effective July 1, 2023
Item 1V - 20
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
EX2-045 1 $ 33.05 $ 5,729 $ 68,748 EX2-046 1 $ 33.85 $ 5,867 $ 70,404 EX2-045 2 $ 34.70 $ 6,015 $ 72,180 EX2-046 2 $ 35.54 $ 6,160 $ 73,920 EX2-045 3 $ 36.44 $ 6,317 $ 75,804 EX2-046 3 $ 37.33 $ 6,470 $ 77,640 EX2-045 4 $ 38.27 $ 6,634 $ 79,608 EX2-046 4 $ 39.18 $ 6,792 $ 81,504 EX2-045 5 $ 40.18 $ 6,965 $ 83,580 EX2-046 5 $ 41.21 $ 7,143 $ 85,716 EX2-045 6 $ 42.25 $ 7,323 $ 87,876 EX2-046 6 $ 43.27 $ 7,500 $ 90,000 EX2-045 7 $ 44.35 $ 7,687 $ 92,244 EX2-046 7 $ 45.46 $ 7,880 $ 94,560 EX2-047 1 $ 34.70 $ 6,015 $ 72,180 EX2-048 1 $ 35.54 $ 6,160 $ 73,920 EX2-047 2 $ 36.44 $ 6,317 $ 75,804 EX2-048 2 $ 37.33 $ 6,470 $ 77,640 EX2-047 3 $ 38.27 $ 6,634 $ 79,608 EX2-048 3 $ 39.18 $ 6,792 $ 81,504 EX2-047 4 $ 40.18 $ 6,965 $ 83,580 EX2-048 4 $ 41.21 $ 7,143 $ 85,716 EX2-047 5 $ 42.25 $ 7,323 $ 87,876 EX2-048 5 $ 43.27 $ 7,500 $ 90,000 EX2-047 6 $ 44.35 $ 7,687 $ 92,244 EX2-048 6 $ 45.46 $ 7,880 $ 94,560 EX2-047 7 $ 46.62 $ 8,081 $ 96,972 EX2-048 7 $ 47.76 $ 8,279 $ 99,348 EX2-049 1 $ 36.44 $ 6,317 $ 75,804 EX2-050 1 $ 37.33 $ 6,470 $ 77,640 EX2-049 2 $ 38.27 $ 6,634 $ 79,608 EX2-050 2 $ 39.18 $ 6,792 $ 81,504 EX2-049 3 $ 40.18 $ 6,965 $ 83,580 EX2-050 3 $ 41.20 $ 7,142 $ 85,704 EX2-049 4 $ 42.25 $ 7,323 $ 87,876 EX2-050 4 $ 43.27 $ 7,500 $ 90,000 EX2-049 5 $ 44.35 $ 7,687 $ 92,244 EX2-050 5 $ 45.46 $ 7,880 $ 94,560 EX2-049 6 $ 46.62 $ 8,081 $ 96,972 EX2-050 6 $ 47.76 $ 8,278 $ 99,336 EX2-049 7 $ 48.95 $ 8,485 $ 101,820 EX2-050 7 $ 50.21 $ 8,703 $ 104,436 EX2-051 1 $ 38.27 $ 6,634 $ 79,608 EX2-052 1 $ 39.18 $ 6,792 $ 81,504 EX2-051 2 $ 40.18 $ 6,965 $ 83,580 EX2-052 2 $ 41.20 $ 7,142 $ 85,704 EX2-051 3 $ 42.24 $ 7,321 $ 87,852 EX2-052 3 $ 43.27 $ 7,500 $ 90,000 EX2-051 4 $ 44.35 $ 7,687 $ 92,244 EX2-052 4 $ 45.46 $ 7,880 $ 94,560 EX2-051 5 $ 46.62 $ 8,080 $ 96,960 EX2-052 5 $ 47.76 $ 8,278 $ 99,336 EX2-051 6 $ 48.95 $ 8,485 $ 101,820 EX2-052 6 $ 50.21 $ 8,703 $ 104,436 EX2-051 7 $ 51.41 $ 8,911 $ 106,932 EX2-052 7 $ 52.74 $ 9,141 $ 109,692 EX2-053 1 $ 40.18 $ 6,965 $ 83,580 EX2-054 1 $ 41.20 $ 7,142 $ 85,704 EX2-053 2 $ 42.24 $ 7,321 $ 87,852 EX2-054 2 $ 43.27 $ 7,500 $ 90,000 EX2-053 3 $ 44.35 $ 7,687 $ 92,244 EX2-054 3 $ 45.46 $ 7,880 $ 94,560 EX2-053 4 $ 46.62 $ 8,080 $ 96,960 EX2-054 4 $ 47.76 $ 8,278 $ 99,336 EX2-053 5 $ 48.95 $ 8,485 $ 101,820 EX2-054 5 $ 50.21 $ 8,703 $ 104,436 EX2-053 6 $ 51.41 $ 8,911 $ 106,932 EX2-054 6 $ 52.74 $ 9,141 $ 109,692 EX2-053 7 $ 54.05 $ 9,368 $ 112,416 EX2-054 7 $ 55.39 $ 9,601 $ 115,212 EX2-055 1 $ 42.24 $ 7,321 $ 87,852 EX2-056 1 $ 43.27 $ 7,500 $ 90,000 EX2-055 2 $ 44.35 $ 7,687 $ 92,244 EX2-056 2 $ 45.46 $ 7,880 $ 94,560 EX2-055 3 $ 46.62 $ 8,080 $ 96,960 EX2-056 3 $ 47.76 $ 8,278 $ 99,336 EX2-055 4 $ 48.95 $ 8,485 $ 101,820 EX2-056 4 $ 50.21 $ 8,703 $ 104,436 EX2-055 5 $ 51.41 $ 8,911 $ 106,932 EX2-056 5 $ 52.74 $ 9,141 $ 109,692 EX2-055 6 $ 54.05 $ 9,368 $ 112,416 EX2-056 6 $ 55.39 $ 9,601 $ 115,212 EX2-055 7 $ 56.81 $ 9,847 $ 118,164 EX2-056 7 $ 58.22 $ 10,092 $ 121,104 EX2-057 1 $ 44.35 $ 7,687 $ 92,244 EX2-058 1 $ 45.46 $ 7,880 $ 94,560 EX2-057 2 $ 46.62 $ 8,080 $ 96,960 EX2-058 2 $ 47.76 $ 8,278 $ 99,336 EX2-057 3 $ 48.95 $ 8,485 $ 101,820 EX2-058 3 $ 50.21 $ 8,703 $ 104,436 EX2-057 4 $ 51.41 $ 8,911 $ 106,932 EX2-058 4 $ 52.74 $ 9,141 $ 109,692 EX2-057 5 $ 54.05 $ 9,368 $ 112,416 EX2-058 5 $ 55.39 $ 9,601 $ 115,212 EX2-057 6 $ 56.81 $ 9,847 $ 118,164 EX2-058 6 $ 58.22 $ 10,092 $ 121,104 EX2-057 7 $ 59.64 $ 10,338 $ 124,056 EX2-058 7 $ 61.15 $ 10,599 $ 127,188 EX2-059 1 $ 46.62 $ 8,080 $ 96,960 EX2-060 1 $ 47.76 $ 8,278 $ 99,336 EX2-059 2 $ 48.95 $ 8,485 $ 101,820 EX2-060 2 $ 50.21 $ 8,703 $ 104,436 EX2-059 3 $ 51.41 $ 8,911 $ 106,932 EX2-060 3 $ 52.74 $ 9,141 $ 109,692 EX2-059 4 $ 54.05 $ 9,368 $ 112,416 EX2-060 4 $ 55.39 $ 9,601 $ 115,212 EX2-059 5 $ 56.81 $ 9,847 $ 118,164 EX2-060 5 $ 58.22 $ 10,092 $ 121,104 EX2-059 6 $ 59.64 $ 10,338 $ 124,056 EX2-060 6 $ 61.15 $ 10,599 $ 127,188 EX2-059 7 $ 62.68 $ 10,865 $ 130,380 EX2-060 7 $ 64.22 $ 11,132 $ 133,584 Effective June 25, 2023
Item 1V - 21
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
EX2-061 1 $ 48.95 $ 8,485 $ 101,820 EX2-062 1 $ 50.21 $ 8,703 $ 104,436 EX2-061 2 $ 51.41 $ 8,911 $ 106,932 EX2-062 2 $ 52.74 $ 9,141 $ 109,692 EX2-061 3 $ 54.05 $ 9,368 $ 112,416 EX2-062 3 $ 55.41 $ 9,604 $ 115,248 EX2-061 4 $ 56.81 $ 9,847 $ 118,164 EX2-062 4 $ 58.23 $ 10,093 $ 121,116 EX2-061 5 $ 59.64 $ 10,338 $ 124,056 EX2-062 5 $ 61.15 $ 10,600 $ 127,200 EX2-061 6 $ 62.68 $ 10,865 $ 130,380 EX2-062 6 $ 64.24 $ 11,135 $ 133,620 EX2-061 7 $ 65.88 $ 11,419 $ 137,028 EX2-062 7 $ 67.51 $ 11,702 $ 140,424 EX2-063 1 $ 51.41 $ 8,911 $ 106,932 EX2-064 1 $ 52.74 $ 9,141 $ 109,692 EX2-063 2 $ 54.05 $ 9,368 $ 112,416 EX2-064 2 $ 55.41 $ 9,604 $ 115,248 EX2-063 3 $ 56.81 $ 9,847 $ 118,164 EX2-064 3 $ 58.23 $ 10,093 $ 121,116 EX2-063 4 $ 59.64 $ 10,338 $ 124,056 EX2-064 4 $ 61.15 $ 10,600 $ 127,200 EX2-063 5 $ 62.68 $ 10,865 $ 130,380 EX2-064 5 $ 64.24 $ 11,135 $ 133,620 EX2-063 6 $ 65.88 $ 11,419 $ 137,028 EX2-064 6 $ 67.51 $ 11,702 $ 140,424 EX2-063 7 $ 69.19 $ 11,993 $ 143,916 EX2-064 7 $ 70.95 $ 12,298 $ 147,576 EX2-065 1 $ 54.05 $ 9,368 $ 112,416 EX2-066 1 $ 55.41 $ 9,604 $ 115,248 EX2-065 2 $ 56.81 $ 9,847 $ 118,164 EX2-066 2 $ 58.23 $ 10,093 $ 121,116 EX2-065 3 $ 59.64 $ 10,338 $ 124,056 EX2-066 3 $ 61.15 $ 10,600 $ 127,200 EX2-065 4 $ 62.68 $ 10,865 $ 130,380 EX2-066 4 $ 64.24 $ 11,135 $ 133,620 EX2-065 5 $ 65.88 $ 11,419 $ 137,028 EX2-066 5 $ 67.51 $ 11,702 $ 140,424 EX2-065 6 $ 69.19 $ 11,993 $ 143,916 EX2-066 6 $ 70.95 $ 12,298 $ 147,576 EX2-065 7 $ 72.69 $ 12,600 $ 151,200 EX2-066 7 $ 74.51 $ 12,915 $ 154,980 EX2-067 1 $ 56.81 $ 9,847 $ 118,164 EX2-068 1 $ 58.23 $ 10,093 $ 121,116 EX2-067 2 $ 59.64 $ 10,338 $ 124,056 EX2-068 2 $ 61.15 $ 10,600 $ 127,200 EX2-067 3 $ 62.68 $ 10,865 $ 130,380 EX2-068 3 $ 64.24 $ 11,135 $ 133,620 EX2-067 4 $ 65.88 $ 11,419 $ 137,028 EX2-068 4 $ 67.51 $ 11,702 $ 140,424 EX2-067 5 $ 69.19 $ 11,993 $ 143,916 EX2-068 5 $ 70.95 $ 12,298 $ 147,576 EX2-067 6 $ 72.69 $ 12,600 $ 151,200 EX2-068 6 $ 74.51 $ 12,915 $ 154,980 EX2-067 7 $ 76.36 $ 13,236 $ 158,832 EX2-068 7 $ 78.28 $ 13,568 $ 162,816 EX2-069 1 $ 59.64 $ 10,338 $ 124,056 EX3-070 1 $ 59.13 $ 10,250 $ 123,000 EX2-069 2 $ 62.68 $ 10,865 $ 130,380 EX3-070 2 $ 62.11 $ 10,766 $ 129,192 EX2-069 3 $ 65.88 $ 11,419 $ 137,028 EX3-070 3 $ 65.20 $ 11,302 $ 135,624 EX2-069 4 $ 69.19 $ 11,993 $ 143,916 EX3-070 4 $ 68.55 $ 11,882 $ 142,584 EX2-069 5 $ 72.69 $ 12,600 $ 151,200 EX3-070 5 $ 71.98 $ 12,476 $ 149,712 EX2-069 6 $ 76.36 $ 13,236 $ 158,832 EX3-070 6 $ 75.63 $ 13,109 $ 157,308 EX2-069 7 $ 80.24 $ 13,908 $ 166,896 EX3-070 7 $ 79.45 $ 13,772 $ 165,264 EX3-071 1 $ 60.61 $ 10,505 $ 126,060 EX3-072 1 $ 62.11 $ 10,766 $ 129,192 EX3-071 2 $ 63.65 $ 11,032 $ 132,384 EX3-072 2 $ 65.20 $ 11,302 $ 135,624 EX3-071 3 $ 66.84 $ 11,585 $ 139,020 EX3-072 3 $ 68.55 $ 11,882 $ 142,584 EX3-071 4 $ 70.23 $ 12,173 $ 146,076 EX3-072 4 $ 71.98 $ 12,476 $ 149,712 EX3-071 5 $ 73.78 $ 12,789 $ 153,468 EX3-072 5 $ 75.63 $ 13,109 $ 157,308 EX3-071 6 $ 77.53 $ 13,438 $ 161,256 EX3-072 6 $ 79.45 $ 13,772 $ 165,264 EX3-071 7 $ 81.43 $ 14,115 $ 169,380 EX3-072 7 $ 83.48 $ 14,470 $ 173,640 EX3-073 1 $ 63.65 $ 11,032 $ 132,384 EX3-074 1 $ 65.20 $ 11,302 $ 135,624 EX3-073 2 $ 66.84 $ 11,585 $ 139,020 EX3-074 2 $ 68.55 $ 11,882 $ 142,584 EX3-073 3 $ 70.23 $ 12,173 $ 146,076 EX3-074 3 $ 71.98 $ 12,476 $ 149,712 EX3-073 4 $ 73.78 $ 12,789 $ 153,468 EX3-074 4 $ 75.63 $ 13,109 $ 157,308 EX3-073 5 $ 77.53 $ 13,438 $ 161,256 EX3-074 5 $ 79.45 $ 13,772 $ 165,264 EX3-073 6 $ 81.43 $ 14,115 $ 169,380 EX3-074 6 $ 83.48 $ 14,470 $ 173,640 EX3-073 7 $ 85.59 $ 14,835 $ 178,020 EX3-074 7 $ 87.70 $ 15,201 $ 182,412 EX3-075 1 $ 66.84 $ 11,585 $ 139,020 EX3-076 1 $ 68.55 $ 11,882 $ 142,584 EX3-075 2 $ 70.23 $ 12,173 $ 146,076 EX3-076 2 $ 71.98 $ 12,476 $ 149,712 EX3-075 3 $ 73.78 $ 12,789 $ 153,468 EX3-076 3 $ 75.63 $ 13,109 $ 157,308 EX3-075 4 $ 77.53 $ 13,438 $ 161,256 EX3-076 4 $ 79.45 $ 13,772 $ 165,264 EX3-075 5 $ 81.43 $ 14,115 $ 169,380 EX3-076 5 $ 83.48 $ 14,470 $ 173,640 EX3-075 6 $ 85.59 $ 14,835 $ 178,020 EX3-076 6 $ 87.70 $ 15,201 $ 182,412 EX3-075 7 $ 89.88 $ 15,579 $ 186,948 EX3-076 7 $ 92.15 $ 15,973 $ 191,676 Effective June 25, 2023
Item 1V - 22
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
EX3-077 1 $ 70.23 $ 12,173 $ 146,076 EX3-078 1 $ 71.98 $ 12,476 $ 149,712 EX3-077 2 $ 73.78 $ 12,789 $ 153,468 EX3-078 2 $ 75.63 $ 13,109 $ 157,308 EX3-077 3 $ 77.53 $ 13,438 $ 161,256 EX3-078 3 $ 79.45 $ 13,772 $ 165,264 EX3-077 4 $ 81.43 $ 14,115 $ 169,380 EX3-078 4 $ 83.48 $ 14,470 $ 173,640 EX3-077 5 $ 85.59 $ 14,835 $ 178,020 EX3-078 5 $ 87.70 $ 15,201 $ 182,412 EX3-077 6 $ 89.88 $ 15,579 $ 186,948 EX3-078 6 $ 92.15 $ 15,973 $ 191,676 EX3-077 7 $ 94.45 $ 16,371 $ 196,452 EX3-078 7 $ 96.81 $ 16,780 $ 201,360 EX3-079 1 $ 73.78 $ 12,789 $ 153,468 EX3-080 1 $ 75.63 $ 13,109 $ 157,308 EX3-079 2 $ 77.53 $ 13,438 $ 161,256 EX3-080 2 $ 79.45 $ 13,772 $ 165,264 EX3-079 3 $ 81.43 $ 14,115 $ 169,380 EX3-080 3 $ 83.48 $ 14,470 $ 173,640 EX3-079 4 $ 85.59 $ 14,835 $ 178,020 EX3-080 4 $ 87.70 $ 15,201 $ 182,412 EX3-079 5 $ 89.88 $ 15,579 $ 186,948 EX3-080 5 $ 92.15 $ 15,973 $ 191,676 EX3-079 6 $ 94.45 $ 16,371 $ 196,452 EX3-080 6 $ 96.81 $ 16,780 $ 201,360 EX3-079 7 $ 99.24 $ 17,202 $ 206,424 EX3-080 7 $ 101.72 $ 17,632 $ 211,584 EX3-081 1 $ 77.53 $ 13,438 $ 161,256 EX3-082 1 $ 79.45 $ 13,772 $ 165,264 EX3-081 2 $ 81.43 $ 14,115 $ 169,380 EX3-082 2 $ 83.48 $ 14,470 $ 173,640 EX3-081 3 $ 85.59 $ 14,835 $ 178,020 EX3-082 3 $ 87.70 $ 15,201 $ 182,412 EX3-081 4 $ 89.88 $ 15,579 $ 186,948 EX3-082 4 $ 92.15 $ 15,973 $ 191,676 EX3-081 5 $ 94.45 $ 16,371 $ 196,452 EX3-082 5 $ 96.81 $ 16,780 $ 201,360 EX3-081 6 $ 99.24 $ 17,202 $ 206,424 EX3-082 6 $ 101.72 $ 17,632 $ 211,584 EX3-081 7 $ 104.27 $ 18,073 $ 216,876 EX3-082 7 $ 106.78 $ 18,508 $ 222,096 EX3-083 1 $ 81.43 $ 14,115 $ 169,380 EX3-084 1 $ 83.48 $ 14,470 $ 173,640 EX3-083 2 $ 85.59 $ 14,835 $ 178,020 EX3-084 2 $ 87.70 $ 15,201 $ 182,412 EX3-083 3 $ 89.88 $ 15,579 $ 186,948 EX3-084 3 $ 92.15 $ 15,973 $ 191,676 EX3-083 4 $ 94.45 $ 16,371 $ 196,452 EX3-084 4 $ 96.81 $ 16,780 $ 201,360 EX3-083 5 $ 99.24 $ 17,202 $ 206,424 EX3-084 5 $ 101.72 $ 17,632 $ 211,584 EX3-083 6 $ 104.27 $ 18,073 $ 216,876 EX3-084 6 $ 106.78 $ 18,508 $ 222,096 EX3-083 7 $ 109.49 $ 18,979 $ 227,748 EX3-084 7 $ 112.14 $ 19,438 $ 233,256 EX3-085 1 $ 85.59 $ 14,835 $ 178,020 EX3-086 1 $ 87.70 $ 15,201 $ 182,412 EX3-085 2 $ 89.88 $ 15,579 $ 186,948 EX3-086 2 $ 92.15 $ 15,973 $ 191,676 EX3-085 3 $ 94.45 $ 16,371 $ 196,452 EX3-086 3 $ 96.81 $ 16,780 $ 201,360 EX3-085 4 $ 99.24 $ 17,202 $ 206,424 EX3-086 4 $ 101.72 $ 17,632 $ 211,584 EX3-085 5 $ 104.27 $ 18,073 $ 216,876 EX3-086 5 $ 106.78 $ 18,508 $ 222,096 EX3-085 6 $ 109.49 $ 18,979 $ 227,748 EX3-086 6 $ 112.14 $ 19,438 $ 233,256 EX3-085 7 $ 114.95 $ 19,925 $ 239,100 EX3-086 7 $ 117.74 $ 20,409 $ 244,908 EX3-087 1 $ 89.88 $ 15,579 $ 186,948 EX3-088 1 $ 92.15 $ 15,973 $ 191,676 EX3-087 2 $ 94.45 $ 16,371 $ 196,452 EX3-088 2 $ 96.81 $ 16,780 $ 201,360 EX3-087 3 $ 99.24 $ 17,202 $ 206,424 EX3-088 3 $ 101.72 $ 17,632 $ 211,584 EX3-087 4 $ 104.27 $ 18,073 $ 216,876 EX3-088 4 $ 106.78 $ 18,508 $ 222,096 EX3-087 5 $ 109.49 $ 18,979 $ 227,748 EX3-088 5 $ 112.14 $ 19,438 $ 233,256 EX3-087 6 $ 114.95 $ 19,925 $ 239,100 EX3-088 6 $ 117.74 $ 20,409 $ 244,908 EX3-087 7 $ 120.70 $ 20,921 $ 251,052 EX3-088 7 $ 123.62 $ 21,428 $ 257,136 EX3-089 1 $ 94.45 $ 16,371 $ 196,452 EX3-090 1 $ 96.81 $ 16,780 $ 201,360 EX3-089 2 $ 99.24 $ 17,202 $ 206,424 EX3-090 2 $ 101.72 $ 17,632 $ 211,584 EX3-089 3 $ 104.27 $ 18,073 $ 216,876 EX3-090 3 $ 106.78 $ 18,508 $ 222,096 EX3-089 4 $ 109.49 $ 18,979 $ 227,748 EX3-090 4 $ 112.14 $ 19,438 $ 233,256 EX3-089 5 $ 114.95 $ 19,925 $ 239,100 EX3-090 5 $ 117.74 $ 20,409 $ 244,908 EX3-089 6 $ 120.70 $ 20,921 $ 251,052 EX3-090 6 $ 123.62 $ 21,428 $ 257,136 EX3-089 7 $ 126.73 $ 21,967 $ 263,604 EX3-090 7 $ 129.82 $ 22,502 $ 270,024 EX4-070 1 $ 61.22 $ 10,612 $ 127,344 EX4-071 1 $ 62.75 $ 10,876 $ 130,512 EX4-070 2 $ 64.29 $ 11,144 $ 133,728 EX4-071 2 $ 65.90 $ 11,422 $ 137,064 EX4-070 3 $ 67.51 $ 11,702 $ 140,424 EX4-071 3 $ 69.19 $ 11,993 $ 143,916 EX4-070 4 $ 70.95 $ 12,298 $ 147,576 EX4-071 4 $ 72.69 $ 12,600 $ 151,200 EX4-070 5 $ 74.51 $ 12,915 $ 154,980 EX4-071 5 $ 76.36 $ 13,236 $ 158,832 EX4-070 6 $ 78.28 $ 13,568 $ 162,816 EX4-071 6 $ 80.24 $ 13,908 $ 166,896 EX4-070 7 $ 82.23 $ 14,253 $ 171,036 EX4-071 7 $ 84.29 $ 14,611 $ 175,332 Effective June 25, 2023
Item 1V - 23
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
EX4-072 1 $ 64.29 $ 11,144 $ 133,728 EX4-073 1 $ 65.90 $ 11,422 $ 137,064 EX4-072 2 $ 67.51 $ 11,702 $ 140,424 EX4-073 2 $ 69.19 $ 11,993 $ 143,916 EX4-072 3 $ 70.95 $ 12,298 $ 147,576 EX4-073 3 $ 72.69 $ 12,600 $ 151,200 EX4-072 4 $ 74.51 $ 12,915 $ 154,980 EX4-073 4 $ 76.36 $ 13,236 $ 158,832 EX4-072 5 $ 78.28 $ 13,568 $ 162,816 EX4-073 5 $ 80.24 $ 13,908 $ 166,896 EX4-072 6 $ 82.23 $ 14,253 $ 171,036 EX4-073 6 $ 84.29 $ 14,611 $ 175,332 EX4-072 7 $ 86.40 $ 14,976 $ 179,712 EX4-073 7 $ 88.58 $ 15,354 $ 184,248 EX4-074 1 $ 67.51 $ 11,702 $ 140,424 EX4-075 1 $ 69.19 $ 11,993 $ 143,916 EX4-074 2 $ 70.95 $ 12,298 $ 147,576 EX4-075 2 $ 72.69 $ 12,600 $ 151,200 EX4-074 3 $ 74.51 $ 12,915 $ 154,980 EX4-075 3 $ 76.36 $ 13,236 $ 158,832 EX4-074 4 $ 78.28 $ 13,568 $ 162,816 EX4-075 4 $ 80.24 $ 13,908 $ 166,896 EX4-074 5 $ 82.23 $ 14,253 $ 171,036 EX4-075 5 $ 84.29 $ 14,611 $ 175,332 EX4-074 6 $ 86.40 $ 14,976 $ 179,712 EX4-075 6 $ 88.58 $ 15,354 $ 184,248 EX4-074 7 $ 90.77 $ 15,733 $ 188,796 EX4-075 7 $ 93.03 $ 16,125 $ 193,500 EX4-076 1 $ 70.95 $ 12,298 $ 147,576 EX4-077 1 $ 72.69 $ 12,600 $ 151,200 EX4-076 2 $ 74.51 $ 12,915 $ 154,980 EX4-077 2 $ 76.36 $ 13,236 $ 158,832 EX4-076 3 $ 78.28 $ 13,568 $ 162,816 EX4-077 3 $ 80.24 $ 13,908 $ 166,896 EX4-076 4 $ 82.23 $ 14,253 $ 171,036 EX4-077 4 $ 84.29 $ 14,611 $ 175,332 EX4-076 5 $ 86.40 $ 14,976 $ 179,712 EX4-077 5 $ 88.58 $ 15,354 $ 184,248 EX4-076 6 $ 90.77 $ 15,733 $ 188,796 EX4-077 6 $ 93.03 $ 16,125 $ 193,500 EX4-076 7 $ 95.37 $ 16,531 $ 198,372 EX4-077 7 $ 97.75 $ 16,944 $ 203,328 EX4-078 1 $ 74.51 $ 12,915 $ 154,980 EX4-079 1 $ 76.36 $ 13,236 $ 158,832 EX4-078 2 $ 78.28 $ 13,568 $ 162,816 EX4-079 2 $ 80.24 $ 13,908 $ 166,896 EX4-078 3 $ 82.23 $ 14,253 $ 171,036 EX4-079 3 $ 84.29 $ 14,611 $ 175,332 EX4-078 4 $ 86.40 $ 14,976 $ 179,712 EX4-079 4 $ 88.58 $ 15,354 $ 184,248 EX4-078 5 $ 90.77 $ 15,733 $ 188,796 EX4-079 5 $ 93.03 $ 16,125 $ 193,500 EX4-078 6 $ 95.37 $ 16,531 $ 198,372 EX4-079 6 $ 97.75 $ 16,944 $ 203,328 EX4-078 7 $ 100.17 $ 17,362 $ 208,344 EX4-079 7 $ 102.72 $ 17,804 $ 213,648 EX4-080 1 $ 78.28 $ 13,568 $ 162,816 EX4-081 1 $ 80.24 $ 13,908 $ 166,896 EX4-080 2 $ 82.23 $ 14,253 $ 171,036 EX4-081 2 $ 84.29 $ 14,611 $ 175,332 EX4-080 3 $ 86.40 $ 14,976 $ 179,712 EX4-081 3 $ 88.58 $ 15,354 $ 184,248 EX4-080 4 $ 90.77 $ 15,733 $ 188,796 EX4-081 4 $ 93.03 $ 16,125 $ 193,500 EX4-080 5 $ 95.37 $ 16,531 $ 198,372 EX4-081 5 $ 97.75 $ 16,944 $ 203,328 EX4-080 6 $ 100.17 $ 17,362 $ 208,344 EX4-081 6 $ 102.72 $ 17,804 $ 213,648 EX4-080 7 $ 105.28 $ 18,248 $ 218,976 EX4-081 7 $ 107.91 $ 18,704 $ 224,448 EX4-082 1 $ 82.23 $ 14,253 $ 171,036 EX4-083 1 $ 84.29 $ 14,611 $ 175,332 EX4-082 2 $ 86.40 $ 14,976 $ 179,712 EX4-083 2 $ 88.58 $ 15,354 $ 184,248 EX4-082 3 $ 90.77 $ 15,733 $ 188,796 EX4-083 3 $ 93.03 $ 16,125 $ 193,500 EX4-082 4 $ 95.37 $ 16,531 $ 198,372 EX4-083 4 $ 97.75 $ 16,944 $ 203,328 EX4-082 5 $ 100.17 $ 17,362 $ 208,344 EX4-083 5 $ 102.72 $ 17,804 $ 213,648 EX4-082 6 $ 105.28 $ 18,248 $ 218,976 EX4-083 6 $ 107.91 $ 18,704 $ 224,448 EX4-082 7 $ 110.52 $ 19,157 $ 229,884 EX4-083 7 $ 113.31 $ 19,641 $ 235,692 EX4-084 1 $ 86.40 $ 14,976 $ 179,712 EX4-085 1 $ 88.58 $ 15,354 $ 184,248 EX4-084 2 $ 90.77 $ 15,733 $ 188,796 EX4-085 2 $ 93.03 $ 16,125 $ 193,500 EX4-084 3 $ 95.37 $ 16,531 $ 198,372 EX4-085 3 $ 97.75 $ 16,944 $ 203,328 EX4-084 4 $ 100.17 $ 17,362 $ 208,344 EX4-085 4 $ 102.72 $ 17,804 $ 213,648 EX4-084 5 $ 105.28 $ 18,248 $ 218,976 EX4-085 5 $ 107.91 $ 18,704 $ 224,448 EX4-084 6 $ 110.52 $ 19,157 $ 229,884 EX4-085 6 $ 113.31 $ 19,641 $ 235,692 EX4-084 7 $ 116.05 $ 20,116 $ 241,392 EX4-085 7 $ 118.97 $ 20,621 $ 247,452 EX4-086 1 $ 90.77 $ 15,733 $ 188,796 EX4-087 1 $ 93.03 $ 16,125 $ 193,500 EX4-086 2 $ 95.37 $ 16,531 $ 198,372 EX4-087 2 $ 97.75 $ 16,944 $ 203,328 EX4-086 3 $ 100.17 $ 17,362 $ 208,344 EX4-087 3 $ 102.72 $ 17,804 $ 213,648 EX4-086 4 $ 105.28 $ 18,248 $ 218,976 EX4-087 4 $ 107.91 $ 18,704 $ 224,448 EX4-086 5 $ 110.52 $ 19,157 $ 229,884 EX4-087 5 $ 113.31 $ 19,641 $ 235,692 EX4-086 6 $ 116.05 $ 20,116 $ 241,392 EX4-087 6 $ 118.97 $ 20,621 $ 247,452 EX4-086 7 $ 121.85 $ 21,121 $ 253,452 EX4-087 7 $ 124.91 $ 21,651 $ 259,812 Effective June 25, 2023
Item 1V - 24
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
EX4-088 1 $ 95.37 $ 16,531 $ 198,372 EX4-089 1 $ 97.75 $ 16,944 $ 203,328 EX4-088 2 $ 100.17 $ 17,362 $ 208,344 EX4-089 2 $ 102.72 $ 17,804 $ 213,648 EX4-088 3 $ 105.28 $ 18,248 $ 218,976 EX4-089 3 $ 107.91 $ 18,704 $ 224,448 EX4-088 4 $ 110.52 $ 19,157 $ 229,884 EX4-089 4 $ 113.31 $ 19,641 $ 235,692 EX4-088 5 $ 116.05 $ 20,116 $ 241,392 EX4-089 5 $ 118.97 $ 20,621 $ 247,452 EX4-088 6 $ 121.85 $ 21,121 $ 253,452 EX4-089 6 $ 124.91 $ 21,651 $ 259,812 EX4-088 7 $ 127.96 $ 22,180 $ 266,160 EX4-089 7 $ 131.18 $ 22,738 $ 272,856 EX4-090 1 $ 100.17 $ 17,362 $ 208,344 EX4-091 1 $ 102.72 $ 17,804 $ 213,648 EX4-090 2 $ 105.28 $ 18,248 $ 218,976 EX4-091 2 $ 107.91 $ 18,704 $ 224,448 EX4-090 3 $ 110.52 $ 19,157 $ 229,884 EX4-091 3 $ 113.31 $ 19,641 $ 235,692 EX4-090 4 $ 116.05 $ 20,116 $ 241,392 EX4-091 4 $ 118.97 $ 20,621 $ 247,452 EX4-090 5 $ 121.85 $ 21,121 $ 253,452 EX4-091 5 $ 124.91 $ 21,651 $ 259,812 EX4-090 6 $ 127.96 $ 22,180 $ 266,160 EX4-091 6 $ 131.18 $ 22,738 $ 272,856 EX4-090 7 $ 134.35 $ 23,287 $ 279,444 EX4-091 7 $ 137.74 $ 23,875 $ 286,500 EX4-092 1 $ 105.28 $ 18,248 $ 218,976 EX4-093 1 $ 107.91 $ 18,704 $ 224,448 EX4-092 2 $ 110.52 $ 19,157 $ 229,884 EX4-093 2 $ 113.31 $ 19,641 $ 235,692 EX4-092 3 $ 116.05 $ 20,116 $ 241,392 EX4-093 3 $ 118.97 $ 20,621 $ 247,452 EX4-092 4 $ 121.85 $ 21,121 $ 253,452 EX4-093 4 $ 124.91 $ 21,651 $ 259,812 EX4-092 5 $ 127.96 $ 22,180 $ 266,160 EX4-093 5 $ 131.18 $ 22,738 $ 272,856 EX4-092 6 $ 134.35 $ 23,287 $ 279,444 EX4-093 6 $ 137.74 $ 23,875 $ 286,500 EX4-092 7 $ 141.07 $ 24,452 $ 293,424 EX4-093 7 $ 144.63 $ 25,070 $ 300,840 Monthly Annual
$ 325,000 27,083 $
$ 49,920 4,160 $
$ 41,604 3,467 $
CM/EO
City Manager (under contract)
Elected Official - Mayor
Elected Official - Councilmember
Effective June 25, 2023
Item 1V - 25
SALARY AND CLASSIFICATION
FY 2023-24
MANAGEMENT
SCHEDULE
Item 1V - 26
MANAGEMENT UNIT
Classifications
FY 2023-24
Table Range
MX 51
Accounting Manager MX 59
MX 45
MX 39
Administrative Specialist MX 41
MX 61
MX 56
MX 52
MX 56
Airport Security Supervisor MX 52
Aquatics Supervisor MX 28
MX 47
MX 52
MX 58
Auditor MX 54
Aviation Planner MX 52
Aviation Security Supervisor MX 52
MX 54
Budget Manager MX 59
MX 51
MX 59
Business Intelligence Developer MX 55
Business Systems Analyst MX 52
MX 54
MX 59
MX 64
Climate Action and Sustainability Specialist MX 48
Code Compliance Supervisor MX 53
Community Center Manager MX 54
MX 53
MX 40
MX 62
Deputy Director of Maintenance and Facilities MX 60
Dispatch Supervisor MX 46
MX 53
Emergency Medical Services Coordinator MX 53
MX 51
MX 53
MX 59
Fire Marshal MX 64
Fleet Maintenance Manager MX 58
Emergency Management Coordinator
Engineering Assistant, Senior
Engineering Assistant
Engineering Associate
Business District Administrator
Building Inspector Supervisor
Chief Deputy City Clerk
Community Development Administrator
Deputy Director of Aviation - Marketing
Deputy City Clerk
Civil Engineer, Associate
Civil Engineer, Senior
Audit & Revenue Supervisor
Airport Operations Manager
Airport Operations Supervisor
Airport Security Manager
Budget Analyst
Position Title
Accountant
Airport Administration Manager
Assistant Planner
Associate Planner
Administrative Secretary
Account Technician, Senior
Revised December 14, 2023
Effective December 24, 2023
Item 1V - 27
MANAGEMENT UNIT
Classifications
FY 2023-24
Position Title Table Range
GIS Analyst MX 49
Homeless Outreach Coordinator MX 53
MX 57
MX 43
MX 50
MX 48
MX 67
MX 64
Innovation & Strategic Implementation Manager MX 54
MX 45
MX 49
Maintenance Manager MX 54
Maintenance Superintendent MX 54
MX 51
MX 48
MX 51
Manager, Airport Safety Management Systems MX 54
Marketing and Communications Specialist MX 51
MX 54
Parks & Recreation Manager MX 54
MX 46
Plans Examiner Supervisor MX 55
Police Services Manager MX 61
Police Services Supervisor MX 44
MX 66
MX 66
MX 43
MX 48
Project Manager MX 58
MX 52
Recreation Supervisor MX 41
MX 51
Special Events Manager MX 54
MX 55
75 Information Technology Analyst
Information Technology Manager
Information Technology Network Engineer
Librarian
Library & Public Services Manager
Maintenance Supervisor
Procurement Specialist I
Network Administrator
Principal Planner
Payroll Coordinator
Principal Engineer
Maintenance Supervisor I
Maintenance Supervisor II
Street Maintenance Manager
TOTAL CLASSIFICATIONS FOR MAPS
Procurement Specialist II
Redevelopment Coordinator
Public Works Inspector, Senior
Human Resources Specialist, Senior
Human Resources Specialist
Housing Services Administrator
Revised December 14, 2023
Effective December 24, 2023
Item 1V - 28
MANAGEMENT UNIT
Certification Key
FY 2024-25
Tier I Tier II
Master's Degree
Bilingual (Speaking and Listening) 2.5% $125
Bilingual (Writing) 2.5% $125
Notary 5% $100
Professional License/Certification
Premium
5%
5%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.
Education or certifications required to meet job requirements are not applicable to receive additional premium pay, unless otherwise specified by MOU.
Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.
Type
Effective: July 1, 2023
Item 1V - 29
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
MX028 1 $ 21.87 $ 3,791 $ MX031 1 45,492 $ 24.31 $ 4,214 $ 50,568 MX028 2 $ 22.96 $ 3,980 $ MX031 2 47,760 $ 25.53 $ 4,425 $ 53,100 MX028 3 $ 24.11 $ 4,179 $ MX031 3 50,148 $ 26.81 $ 4,647 $ 55,764 MX028 4 $ 25.32 $ 4,389 $ MX031 4 52,668 $ 28.15 $ 4,880 $ 58,560 MX028 5 $ 26.58 $ 4,607 $ MX031 5 55,284 $ 29.58 $ 5,128 $ 61,536 MX028 6 $ 27.91 $ 4,838 $ MX031 6 58,056 $ 31.11 $ 5,392 $ 64,704 MX028 7 $ 29.31 $ 5,080 $ 60,960 MX031 7 $ 32.66 $ 5,661 $ 67,932 MX032 1 $ 24.93 $ 4,322 $ MX033 1 51,864 $ 25.53 $ 4,425 $ 53,100 MX032 2 $ 26.18 $ 4,537 $ MX033 2 54,444 $ 26.81 $ 4,647 $ 55,764 MX032 3 $ 27.48 $ 4,764 $ MX033 3 57,168 $ 28.15 $ 4,880 $ 58,560 MX032 4 $ 28.86 $ 5,002 $ MX033 4 60,024 $ 29.58 $ 5,128 $ 61,536 MX032 5 $ 30.31 $ 5,253 $ MX033 5 63,036 $ 31.11 $ 5,392 $ 64,704 MX032 6 $ 31.85 $ 5,520 $ MX033 6 66,240 $ 32.66 $ 5,661 $ 67,932 MX032 7 $ 33.47 $ 5,802 $ 69,624 MX033 7 $ 34.34 $ 5,952 $ 71,424 MX034 1 $ 26.18 $ 4,537 $ MX035 1 54,444 $ 26.81 $ 4,647 $ 55,764 MX034 2 $ 27.48 $ 4,764 $ MX035 2 57,168 $ 28.15 $ 4,880 $ 58,560 MX034 3 $ 28.86 $ 5,002 $ MX035 3 60,024 $ 29.58 $ 5,128 $ 61,536 MX034 4 $ 30.31 $ 5,253 $ MX035 4 63,036 $ 31.11 $ 5,392 $ 64,704 MX034 5 $ 31.85 $ 5,520 $ MX035 5 66,240 $ 32.66 $ 5,661 $ 67,932 MX034 6 $ 33.47 $ 5,802 $ MX035 6 69,624 $ 34.34 $ 5,952 $ 71,424 MX034 7 $ 35.18 $ 6,098 $ 73,176 MX035 7 $ 36.06 $ 6,250 $ 75,000 MX036 1 $ 27.48 $ 4,764 $ MX037 1 57,168 $ 28.15 $ 4,880 $ 58,560 MX036 2 $ 28.86 $ 5,002 $ MX037 2 60,024 $ 29.58 $ 5,128 $ 61,536 MX036 3 $ 30.31 $ 5,253 $ MX037 3 63,036 $ 31.11 $ 5,392 $ 64,704 MX036 4 $ 31.85 $ 5,520 $ MX037 4 66,240 $ 32.66 $ 5,661 $ 67,932 MX036 5 $ 33.47 $ 5,802 $ MX037 5 69,624 $ 34.34 $ 5,952 $ 71,424 MX036 6 $ 35.18 $ 6,098 $ MX037 6 73,176 $ 36.06 $ 6,250 $ 75,000 MX036 7 $ 36.96 $ 6,406 $ 76,872 MX037 7 $ 37.89 $ 6,568 $ 78,816 MX038 1 $ 28.86 $ 5,002 $ MX039 1 60,024 $ 29.58 $ 5,128 $ 61,536 MX038 2 $ 30.31 $ 5,253 $ MX039 2 63,036 $ 31.11 $ 5,392 $ 64,704 MX038 3 $ 31.85 $ 5,520 $ MX039 3 66,240 $ 32.66 $ 5,661 $ 67,932 MX038 4 $ 33.47 $ 5,802 $ MX039 4 69,624 $ 34.34 $ 5,952 $ 71,424 MX038 5 $ 35.18 $ 6,098 $ MX039 5 73,176 $ 36.06 $ 6,250 $ 75,000 MX038 6 $ 36.96 $ 6,406 $ MX039 6 76,872 $ 37.89 $ 6,568 $ 78,816 MX038 7 $ 38.82 $ 6,728 $ 80,736 MX039 7 $ 39.81 $ 6,900 $ 82,800 MX040 1 $ 30.31 $ 5,253 $ MX041 1 63,036 $ 31.11 $ 5,392 $ 64,704 MX040 2 $ 31.85 $ 5,520 $ MX041 2 66,240 $ 32.66 $ 5,661 $ 67,932 MX040 3 $ 33.47 $ 5,802 $ MX041 3 69,624 $ 34.34 $ 5,952 $ 71,424 MX040 4 $ 35.18 $ 6,098 $ MX041 4 73,176 $ 36.06 $ 6,250 $ 75,000 MX040 5 $ 36.96 $ 6,406 $ MX041 5 76,872 $ 37.89 $ 6,568 $ 78,816 MX040 6 $ 38.82 $ 6,728 $ MX041 6 80,736 $ 39.81 $ 6,900 $ 82,800 MX040 7 $ 40.78 $ 7,069 $ 84,828 MX041 7 $ 41.81 $ 7,247 $ 86,964 MX042 1 $ 31.85 $ 5,520 $ MX043 1 66,240 $ 32.66 $ 5,661 $ 67,932 MX042 2 $ 33.47 $ 5,802 $ MX043 2 69,624 $ 34.34 $ 5,952 $ 71,424 MX042 3 $ 35.18 $ 6,098 $ MX043 3 73,176 $ 36.06 $ 6,250 $ 75,000 MX042 4 $ 36.96 $ 6,406 $ MX043 4 76,872 $ 37.89 $ 6,568 $ 78,816 MX042 5 $ 38.82 $ 6,728 $ MX043 5 80,736 $ 39.81 $ 6,900 $ 82,800 MX042 6 $ 40.78 $ 7,069 $ MX043 6 84,828 $ 41.81 $ 7,247 $ 86,964 MX042 7 $ 42.88 $ 7,432 $ 89,184 MX043 7 $ 43.95 $ 7,618 $ 91,416 MX044 1 $ 33.47 $ 5,802 $ MX045 1 69,624 $ 34.34 $ 5,952 $ 71,424 MX044 2 $ 35.18 $ 6,098 $ MX045 2 73,176 $ 36.06 $ 6,250 $ 75,000 MX044 3 $ 36.96 $ 6,406 $ MX045 3 76,872 $ 37.89 $ 6,568 $ 78,816 MX044 4 $ 38.82 $ 6,728 $ MX045 4 80,736 $ 39.81 $ 6,900 $ 82,800 MX044 5 $ 40.78 $ 7,069 $ MX045 5 84,828 $ 41.81 $ 7,247 $ 86,964 MX044 6 $ 42.88 $ 7,432 $ MX045 6 89,184 $ 43.95 $ 7,618 $ 91,416 MX044 7 $ 45.03 $ 7,806 $ 93,672 MX045 7 $ 46.14 $ 7,998 $ 95,976 Effective June 25, 2023
Item 1V - 30
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
MX046 1 $ 35.18 $ 6,098 $ MX047 1 73,176 $ 36.06 $ 6,250 $ 75,000 MX046 2 $ 36.96 $ 6,406 $ MX047 2 76,872 $ 37.89 $ 6,568 $ 78,816 MX046 3 $ 38.82 $ 6,728 $ MX047 3 80,736 $ 39.81 $ 6,900 $ 82,800 MX046 4 $ 40.78 $ 7,069 $ MX047 4 84,828 $ 41.81 $ 7,247 $ 86,964 MX046 5 $ 42.88 $ 7,432 $ MX047 5 89,184 $ 43.95 $ 7,618 $ 91,416 MX046 6 $ 45.03 $ 7,806 $ MX047 6 93,672 $ 46.14 $ 7,998 $ 95,976 MX046 7 $ 47.30 $ 8,199 $ 98,388 MX047 7 $ 48.49 $ 8,405 $ 100,860 MX048 1 $ 36.96 $ 6,406 $ MX049 1 76,872 $ 37.89 $ 6,568 $ 78,816 MX048 2 $ 38.82 $ 6,728 $ MX049 2 80,736 $ 39.81 $ 6,900 $ 82,800 MX048 3 $ 40.78 $ 7,069 $ MX049 3 84,828 $ 41.81 $ 7,247 $ 86,964 MX048 4 $ 42.88 $ 7,432 $ MX049 4 89,184 $ 43.95 $ 7,618 $ 91,416 MX048 5 $ 45.03 $ 7,806 $ MX049 5 93,672 $ 46.14 $ 7,998 $ 95,976 MX048 6 $ 47.30 $ 8,199 $ MX049 6 98,388 $ 48.49 $ 8,405 $ 100,860 MX048 7 $ 49.70 $ 8,615 $ 103,380 MX049 7 $ 50.94 $ 8,829 $ 105,948 MX050 1 $ 38.82 $ 6,728 $ MX051 1 80,736 $ 39.81 $ 6,900 $ 82,800 MX050 2 $ 40.78 $ 7,069 $ MX051 2 84,828 $ 41.81 $ 7,247 $ 86,964 MX050 3 $ 42.88 $ 7,432 $ MX051 3 89,184 $ 43.95 $ 7,618 $ 91,416 MX050 4 $ 45.03 $ 7,806 $ MX051 4 93,672 $ 46.14 $ 7,998 $ 95,976 MX050 5 $ 47.30 $ 8,199 $ MX051 5 98,388 $ 48.49 $ 8,405 $ 100,860 MX050 6 $ 49.70 $ 8,615 $ MX051 6 103,380 $ 50.94 $ 8,829 $ 105,948 MX050 7 $ 52.22 $ 9,052 $ 108,624 MX051 7 $ 53.51 $ 9,275 $ 111,300 MX052 1 $ 40.78 $ 7,069 $ MX053 1 84,828 $ 41.81 $ 7,247 $ 86,964 MX052 2 $ 42.88 $ 7,432 $ MX053 2 89,184 $ 43.95 $ 7,618 $ 91,416 MX052 3 $ 45.03 $ 7,806 $ MX053 3 93,672 $ 46.14 $ 7,998 $ 95,976 MX052 4 $ 47.30 $ 8,199 $ MX053 4 98,388 $ 48.49 $ 8,405 $ 100,860 MX052 5 $ 49.70 $ 8,615 $ MX053 5 103,380 $ 50.94 $ 8,829 $ 105,948 MX052 6 $ 52.22 $ 9,052 $ MX053 6 108,624 $ 53.51 $ 9,275 $ 111,300 MX052 7 $ 54.88 $ 9,512 $ 114,144 MX053 7 $ 56.24 $ 9,748 $ 116,976 MX054 1 $ 42.88 $ 7,432 $ MX055 1 89,184 $ 43.95 $ 7,618 $ 91,416 MX054 2 $ 45.03 $ 7,806 $ MX055 2 93,672 $ 46.14 $ 7,998 $ 95,976 MX054 3 $ 47.30 $ 8,199 $ MX055 3 98,388 $ 48.49 $ 8,405 $ 100,860 MX054 4 $ 49.70 $ 8,615 $ MX055 4 103,380 $ 50.94 $ 8,829 $ 105,948 MX054 5 $ 52.22 $ 9,052 $ MX055 5 108,624 $ 53.51 $ 9,275 $ 111,300 MX054 6 $ 54.88 $ 9,512 $ MX055 6 114,144 $ 56.24 $ 9,748 $ 116,976 MX054 7 $ 57.68 $ 9,997 $ 119,964 MX055 7 $ 59.10 $ 10,244 $ 122,928 MX056 1 $ 45.03 $ 7,806 $ MX057 1 93,672 $ 46.14 $ 7,998 $ 95,976 MX056 2 $ 47.30 $ 8,199 $ MX057 2 98,388 $ 48.49 $ 8,405 $ 100,860 MX056 3 $ 49.70 $ 8,615 $ MX057 3 103,380 $ 50.94 $ 8,829 $ 105,948 MX056 4 $ 52.22 $ 9,052 $ MX057 4 108,624 $ 53.51 $ 9,275 $ 111,300 MX056 5 $ 54.88 $ 9,512 $ MX057 5 114,144 $ 56.24 $ 9,748 $ 116,976 MX056 6 $ 57.68 $ 9,997 $ MX057 6 119,964 $ 59.10 $ 10,244 $ 122,928 MX056 7 $ 60.57 $ 10,499 $ 125,988 MX057 7 $ 62.06 $ 10,757 $ 129,084 MX058 1 $ 47.30 $ 8,199 $ MX059 1 98,388 $ 48.49 $ 8,405 $ 100,860 MX058 2 $ 49.70 $ 8,615 $ MX059 2 103,380 $ 50.94 $ 8,829 $ 105,948 MX058 3 $ 52.22 $ 9,052 $ MX059 3 108,624 $ 53.51 $ 9,275 $ 111,300 MX058 4 $ 54.88 $ 9,512 $ MX059 4 114,144 $ 56.24 $ 9,748 $ 116,976 MX058 5 $ 57.68 $ 9,997 $ MX059 5 119,964 $ 59.10 $ 10,244 $ 122,928 MX058 6 $ 60.57 $ 10,499 $ MX059 6 125,988 $ 62.06 $ 10,757 $ 129,084 MX058 7 $ 63.61 $ 11,026 $ 132,312 MX059 7 $ 65.20 $ 11,302 $ 135,624 MX060 1 $ 49.70 $ 8,615 $ MX061 1 103,380 $ 50.94 $ 8,829 $ 105,948 MX060 2 $ 52.22 $ 9,052 $ MX061 2 108,624 $ 53.51 $ 9,275 $ 111,300 MX060 3 $ 54.88 $ 9,512 $ MX061 3 114,144 $ 56.24 $ 9,748 $ 116,976 MX060 4 $ 57.68 $ 9,997 $ MX061 4 119,964 $ 59.10 $ 10,244 $ 122,928 MX060 5 $ 60.57 $ 10,499 $ MX061 5 125,988 $ 62.06 $ 10,757 $ 129,084 MX060 6 $ 63.61 $ 11,026 $ MX061 6 132,312 $ 65.20 $ 11,302 $ 135,624 MX060 7 $ 66.84 $ 11,585 $ 139,020 MX061 7 $ 68.52 $ 11,877 $ 142,524 Effective June 25, 2023
Item 1V - 31
Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate
Annual Rate
MX062 1 $ 52.22 $ 9,052 $ MX063 1 108,624 $ 53.51 $ 9,275 $ 111,300 MX062 2 $ 54.88 $ 9,512 $ MX063 2 114,144 $ 56.24 $ 9,748 $ 116,976 MX062 3 $ 57.68 $ 9,997 $ MX063 3 119,964 $ 59.10 $ 10,244 $ 122,928 MX062 4 $ 60.57 $ 10,499 $ MX063 4 125,988 $ 62.06 $ 10,757 $ 129,084 MX062 5 $ 63.61 $ 11,026 $ MX063 5 132,312 $ 65.20 $ 11,302 $ 135,624 MX062 6 $ 66.84 $ 11,585 $ MX063 6 139,020 $ 68.52 $ 11,877 $ 142,524 MX062 7 $ 70.23 $ 12,173 $ 146,076 MX063 7 $ 71.98 $ 12,476 $ 149,712 MX064 1 $ 54.88 $ 9,512 $ MX065 1 114,144 $ 56.24 $ 9,748 $ 116,976 MX064 2 $ 57.68 $ 9,997 $ MX065 2 119,964 $ 59.10 $ 10,244 $ 122,928 MX064 3 $ 60.57 $ 10,499 $ MX065 3 125,988 $ 62.06 $ 10,757 $ 129,084 MX064 4 $ 63.61 $ 11,026 $ MX065 4 132,312 $ 65.20 $ 11,302 $ 135,624 MX064 5 $ 66.84 $ 11,585 $ MX065 5 139,020 $ 68.52 $ 11,877 $ 142,524 MX064 6 $ 70.23 $ 12,173 $ MX065 6 146,076 $ 71.98 $ 12,476 $ 149,712 MX064 7 $ 73.81 $ 12,793 $ 153,516 MX065 7 $ 75.63 $ 13,110 $ 157,320 MX066 1 $ 57.68 $ 9,997 $ MX067 1 119,964 $ 59.10 $ 10,244 $ 122,928 MX066 2 $ 60.57 $ 10,499 $ MX067 2 125,988 $ 62.06 $ 10,757 $ 129,084 MX066 3 $ 63.61 $ 11,026 $ MX067 3 132,312 $ 65.20 $ 11,302 $ 135,624 MX066 4 $ 66.84 $ 11,585 $ MX067 4 139,020 $ 68.52 $ 11,877 $ 142,524 MX066 5 $ 70.23 $ 12,173 $ MX067 5 146,076 $ 71.98 $ 12,476 $ 149,712 MX066 6 $ 73.81 $ 12,793 $ MX067 6 153,516 $ 75.63 $ 13,110 $ 157,320 MX066 7 $ 77.51 $ 13,435 $ 161,220 MX067 7 $ 79.42 $ 13,766 $ 165,192 MX068 1 $ 60.57 $ 10,499 $ MX069 1 125,988 $ 62.06 $ 10,757 $ 129,084 MX068 2 $ 63.61 $ 11,026 $ MX069 2 132,312 $ 65.20 $ 11,302 $ 135,624 MX068 3 $ 66.84 $ 11,585 $ MX069 3 139,020 $ 68.52 $ 11,877 $ 142,524 MX068 4 $ 70.23 $ 12,173 $ MX069 4 146,076 $ 71.98 $ 12,476 $ 149,712 MX068 5 $ 73.81 $ 12,793 $ MX069 5 153,516 $ 75.63 $ 13,110 $ 157,320 MX068 6 $ 77.51 $ 13,435 $ MX069 6 161,220 $ 79.42 $ 13,766 $ 165,192 MX068 7 $ 81.39 $ 14,107 $ 169,284 MX069 7 $ 83.36 $ 14,449 $ 173,388 MX070 1 $ 63.61 $ 11,026 $ MX071 1 132,312 $ 65.20 $ 11,302 $ 135,624 MX070 2 $ 66.84 $ 11,585 $ MX071 2 139,020 $ 68.52 $ 11,877 $ 142,524 MX070 3 $ 70.23 $ 12,173 $ MX071 3 146,076 $ 71.98 $ 12,476 $ 149,712 MX070 4 $ 73.81 $ 12,793 $ MX071 4 153,516 $ 75.58 $ 13,101 $ 157,212 MX070 5 $ 77.51 $ 13,435 $ MX071 5 161,220 $ 79.42 $ 13,766 $ 165,192 MX070 6 $ 81.39 $ 14,107 $ MX071 6 169,284 $ 83.36 $ 14,449 $ 173,388 MX070 7 $ 85.44 $ 14,810 $ 177,720 MX071 7 $ 87.54 $ 15,173 $ 182,076 Effective June 25, 2023
Item 1V - 32
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
APPROVE CONTRACT SERVICES AGREEMENT NO. 23B363 WITH DEANGELO
CONTRACTING SERVICES, LLC FOR ON-CALL WEED ABATEMENT SERVICES
FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Contract Services Agreement 23B363 with DeAngelo Contracting Services, LLC to provide on-call weed abatement services for the Palm Springs International Airport in an amount not to exceed $450,000 for the initial three-year term beginning January 1, 2024, through December 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.
Attachments
1W
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 23B363 WITH
DEANGELO CONTRACTING SERVICES, LLC FOR ON-CALL WEED
ABATEMENT SERVICES FOR PALM SPRINGS INTERNATIONAL
AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Agreement No. 23B363 with DeAngelo Contracting Services, LLC, in an amount not to exceed $450,000, for on-call weed abatement services for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Contract Services Agreement 23B363 (Attachment A) with DeAngelo Contracting Services, LLC to provide on-call weed abatement services for the Palm Springs International Airport in an amount not to exceed $450,000 for the initial three-year term beginning January 1, 2024 through December 31, 2026, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on November 14, 2023, DeAngelo Contracting Services, LLC is registered in the State of Delaware and California.
BACKGROUND:
The Airport is approximately 940-acres, and it is primarily a commercial service airport.
In 2022, the Airport served approximately 2.9 million total passengers and facilitated 61,643 aircraft operations. To keep the airside and landside areas of the Airport free of vegetation, staff must proactively manage vegetation heights on the Airport and Item 1W - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Award On-Call Weed Abatement Services Contract
surrounding areas. Staff has invested countless hours in maintaining the vegetation of the runways, taxiways, and parking areas of the Airport to ensure the safety, security, and visibility of these critical areas for airport flight operations and public use. Without the continuous efforts of maintaining the airfield and landside paved and unpaved areas and fencing, the uncontrolled vegetation can cause damage to the Airport pavement and perimeter fencing. The uncontrolled vegetation also provides refuge for birds and mammals, and it protrudes into the airfield approach and departure surfaces which are aircraft safety hazards.
Due to the pace of vegetation growth and current staffing constraints that hinder the ability to address all areas of the Airport in the required time, professional weed abatement services are essential for maintaining the safety, security, and aesthetics of the Airport.
STAFF ANALYSIS:
The contract with DeAngelo Contracting Services, LLC is an on-call, as-needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
An Invitation for Bids (IFB 23-45) was initiated by the City’s Procurement and Contracting Department on October 19, 2023, based on the Department of Aviation specifications.
Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Five bids were received by the November 14, 2023, deadline as follows:
Vendor Bid
DeAngelo Contracting Services, LLC – Ontario, CA
(Headquartered in Hazelton, PA)
$85,309.50
Pest Options Inc. – Fullerton, CA $210,650.00
Universal Green LLC – Desert Hot Springs, CA $298,800.00 Mariposa Landscapes, Inc. – Irwindale, CA $377,962.50
Lawnscape Systems – Montclair, CA $766,150.00
The contract is for three years with two one-year options to renew. The unit pricing is fixed for the first year and subject to CPI increase in the following years. Staff recommends approval of Contract Services Agreement No. 23B363 with DeAngelo Contracting Services, LLC for the initial three-year term in the amount not to exceed $450,000 effective January 1, 2024 through December 31, 2026, subject to two one-year optional renewals at the sole discretion of the City.
Item 1W - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Award On-Call Weed Abatement Services Contract
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, Improve City Facilities.
FISCAL IMPACT:
Sufficient funds are budgeted and available in Fiscal Year 2023-24 in the Department of Aviation, Airside Account 4157030-40105 and Landside Operations Account 4157040- 40105.
REVIEWED BY:
Department Director: Harry Barrett Jr.
Procurement and Contracting Director: Kim Baker
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement No. 23B363
B. Public Integrity Disclosure Form
Item 1W - Page 3
ATTACHMENT A
CONTRACT SERVICES AGREEMENT NO. 23B363
WITH DEANGELO CONTRACTING SERVICES, LLC
Item 1W - Page 4
Revised 4.13.23 Page 1 of 67
CONTRACT SERVICES AGREEMENT 23B363
ON-CALL WEED ABATEMENT SERVICES FOR PALM SPRINGS
INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 01, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and DeAngelo Contracting Services, LLC, a Delaware Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified vendor to provide on-call weed abatement services for the Palm Springs International Airport, (“Project”).
B. Contractor has submitted to City a proposal to provide on-call weed abatement services for the Palm Springs International Airport, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
Item 1W - Page 5
Revised 4.13.23 Page 2 of 67
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 $450,000.00.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
Item 1W - Page 6
Revised 4.13.23 Page 3 of 67
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 January 01, 2024, and ending on December 31, 2026, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. 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.
Item 1W - Page 7
Revised 4.13.23 Page 4 of 67
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: Justin Casey, IVM Division Manager. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
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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:
Justin Casey IVM Division Manager
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Item 1W - Page 9
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Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies Item 1W - Page 10
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of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a 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 Item 1W - Page 11
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shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
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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: DeAngelo Contracting Services, LLC
Attention: Justin Casey
100 N. Conahan Dr.
Hazelton, PA 18201
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
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11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
13. FEDERAL PROVISIONS
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND DEANGELO CONTRACTING SERVICES, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ___________________ Item No. ___________________
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Background:
The Palm Springs International Airport (PSP) has identified the need for an Airfield weed removal and weed spraying service contract. The Airport has large unpaved sections both in the Movement area of the airfield and in the non-secure areas that require regular weed removal. The maintenance of these areas is required by the CFR Part 139.
1.2 Scope:
A. Contractor will provide all staff and equipment necessary to provide on-call weed abatement services in any area deemed necessary by Airport Operations and/or Maintenance across our 940-acres of the airport and future acquisitions or expansions of the Palm Springs International Airport.
B. Contractor shall have the ability and equipment to provide spraying services to both kill smaller weeds and to spray pre-emergent compounds to prevent future growth.
C. Contractor shall have the appropriate permits and licenses for all chemical applications required to fulfill this contract.
D. Weed removal will occur in undeveloped areas, graveled safety areas, and in paved joints/cracks as directed.
E. Contractor will be responsible for prevention and cleaning of any debris/FOD in the AOA.
F. Contractor will be responsible for the proper disposal of any removed weeds.
G. Contractor will be required to offer all services at both day and night to fit the airport needs.
H. Contractor shall bring adequate tools, suitable materials, and equipment to the site.
I. Contractor will be required to complete and maintain authorized signatory training and maintain an authorized signatory on staff.
J. Contractor and affiliates will be required to obtain appropriate S.I.D.A Badges K. Contractor will be required to complete movement area training.
1.3 Response Time:
Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays.
1.4 General Safety Requirements:
Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the California Occupational Safety and Health Administration (CalOSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.
1.5 Damages:
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Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.
1.6 Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.
3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.
1.7 Payment:
The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.
1.8 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval.
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ATTACHMENT G
BID FORM
INVITATION FOR BIDS (IFB 23-45)
ON-CALL WEED ABATEMENT SERVICES FOR PSP
Responding to this IFB for on-call weed abatement services for the Palm Springs International Airport (PSP), the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipmenl 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.
ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY 1 Laborer Regular Billing Rate HR 500 $83.42 $41,710.00 (7:00AM - 5:00PM)
2 Laborer Overtime Sining Rate
HR 50 $111.67 $5,583.50
(5:00PM - 7:00AM)
3 Laborer Holiday Billing Rate HR 50 $ 140.32 $7,016.00 (Saturday/Sunday/Holiday) 4 Chemical pricing per acre Acres 1,000 $3000 $30,000.00 5 Parts and Materials (Enter your %
% 1,000 0% $1,000.00 mark-up for parts & materials)
TOTAL (Enter this amount in PlanetBids) $85,309.50
•Note: This bid form 1s to determine the lowest bidder and will be used to estabhsh the contract unit prices. The contract value will be set at the City budget amount.
Fimi Name: Deangelo Contracting Services, LLC
Signature of Authorized Person: ___ -.-,,., •{ ~· ....c'·- ---------- - • 1 ' ' _I ' Printed Name: JuStin Casey ----------------------
Title: IVM Division Manager
Date: 11/13/23
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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)
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INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1W - Page 21
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contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
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D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
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Exhibit C
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ATTACHMEINT F
EXECUTIVE ORDER IN-6-22 CERTIFIICATIOiN
INVITATIION FOR BIDS (IFB 23-45)
O:N-CALL WEED ABATEMEINT SERVilCES FOR PSP
Executive Order -6-22 issued by Governor Gavin Nev.rsorn on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) termi11ate any contracts with any individua Is or enf -es that are determined to be a target of economic sanctions against Russia and RtJSsian entities and individuals; and (b), refrain from entering into any new contracts with such individuals or entities whi e the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contracitor that: (1) currently has a contract with the City of Palm Springs funded through grant funds pmv-ded by the State of Catifomia; and/or (2) submits a b-d or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of Ca(ifomia grant funds,. certify that the person is not the target of any economic sanotions against Russia and RUJSs ian entif es and individuals.
The oontractor hereby certifies, SUBJECT TO PENALlY FOR PERJURY, that a), the contractor is not a target ·Of any economic sanotiofliS against Russian and Russian entifes and individuals as discussed in Executive Order , 6-22 and b} the person signing below is duly authorized to ega[ly bind the Contractor_ This cenifi catio:n is made under the la'WS of the State of California_
,A: '
Signature: ___ ~- -'~~'- ' _______ _
Printed Name: JuS1in Casey
Title: IVMI ff vision Manag:er
F. N Deang,elo Contradng Services,. LJLC 1rm ame: --------------- 1/113123 Date: ________________ _
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Exhibit D
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 2.8.2023
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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1W - Page 26
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FAA - 02 Affirmative Action Requirement
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:
Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.
Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.
Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).
Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.
Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).
Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENTS -
1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: [N/A]
Goals for female participation in each trade: [N/A]
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be Item 1W - Page 27
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substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-
4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.
Reference: 41 CFR Part 60-4
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FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
Reference: Title 49 USC § 50101
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FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following 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 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); Item 1W - Page 32
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• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
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a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.
REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251 Item 1W - Page 35
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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.
CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federallyassisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
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3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback
APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).
Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1W - Page 38
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FAA – 10 Davis Bacon Requirements
APPLICABILITY -
The Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.
Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects – Fencing projects that exceed $2,000 must include this provision.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Item 1W - Page 39
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determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
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shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Item 1W - Page 41
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Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency Item 1W - Page 42
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may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the Item 1W - Page 43
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trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
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10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141-3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a nonDBE firm, or with another DBE firm.
The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City.
Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm.
For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.
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termination of its subcontract and why the City should not approve the prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).
REQUIREMENT -
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.
The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – all professional service agreements as required above.
Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.
REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has Item 1W - Page 52
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access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
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b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.
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The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
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and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor.
The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all Item 1W - Page 56
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personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and Item 1W - Page 57
Revised 4.13.23 Page 54 of 67
penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.
Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.
REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.
REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.
Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.
Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.
Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment.
Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1W - Page 61
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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.
REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensiveprocurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
Item 1W - Page 63
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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.
REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all subtier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
Item 1W - Page 64
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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.
Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.
Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.
Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.
Land – This provision will not typically apply to a property/land project.
REQUIREMENT -
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
Reference: 49 CFR Part 41
Item 1W - Page 65
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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1W - Page 66
Revised 4.13.23 Page 63 of 67
FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1W - Page 67
Revised 4.13.23 Page 64 of 67
FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that Item 1W - Page 68
Revised 4.13.23 Page 65 of 67
discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Item 1W - Page 69
Revised 4.13.23 Page 66 of 67
FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.
REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1W - Page 70
Revised 4.13.23 Page 67 of 67
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.
REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L) Item 1W - Page 71
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1W - Page 72
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
Deangelo Contracting Services, LLC
100 N Conahan Dr Hazelton, PA 18201
1459 S Cucamonga Ave
Delaware
X
Paul Deangelo, Sr. x
Jarrod Deangelo x
Sal Naploi x
X
Item 1W - Page 73
I l
-
~
-
-
-
-
L
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity [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 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 *Not Applicable*
Justin Casey - IVM Division Manager
11/13/23
Item 1W - Page 74
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
ADOPT A RESOLUTION AUTHORIZING THE FILINGS OF AN APPLICATION FOR
THE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION GRANTS
PROGRAM
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR THE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION PROGRAM.”
Attachments
Item 1X
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE FILINGS OF AN
APPLICATION FOR THE CALIFORNIA CLIMATE INVESTMENTS
WILDFIRE PREVENTION GRANTS PROGRAM
FROM: Scott C. Stiles, City Manager
BY: Paul Alvarado, Fire Chief
SUMMARY:
This action will adopt a resolution (Attachment A) authorizing the submittal of an application for the California Climate Investments (CCI) Wildfire Prevention Grants program. Through the CCI Fire Prevention Grant Program, CAL FIRE provides funding for local projects and activities that address the risk of wildfire and reduce wildfire potential to forested and forest adjacent communities. CAL FIRE’s Fire Prevention Grants enable local governments to implement activities that address the risk of wildfire and reduce wildfire potential for communities. Funded activities include fuel reduction, wildfire planning and fire prevention education. The projects meet the goals and objectives of California’s Wildfire and Forest Resilience Action Plan, as well as the State’s Strategic Fire Plan.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR THE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION PROGRAM.”
BACKGROUND:
The program is funded by the State of California General Fund (GF) and with Cap-andTrade auction proceeds appropriated by the California Legislature to agencies that administer California Climate Investments (CCI). Up to $117 million is being allocated to CAL FIRE’s Wildfire Prevention (WP) Grants Program in Fiscal Year 2023-2024 from the CCI Greenhouse Gas Reduction Fund (GGRF) and GF.
Item 1X - Page 1
City Council Staff Report
December 14, 2023-- Page 2
Adopt Resolution for California Climate Investments Wildfire Prevention Grants Program CAL FIRE’s WP Grants Program provides funding for wildlife prevention projects and activities near wildfire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, Wildfire Prevention Planning, and Wildfire Prevention Education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.
California’s Strategic Fire Plan serves as a roadmap for project development. Projects are evaluated based on the overall benefit to reduce the threat of wildfires to people, structures, and communities. CAL FIRE will consider the wildfire hazards and risks to an area, the geographic balance of projects, and whether the project is complementary to other wildfire prevention or forest health activities when awarding grants. Projects that contain matching funds will receive additional priority. Projects are selected on a competitive basis.
CAL FIRE will provide technical expertise and management oversight of grants but may not be the primary agency or applicant for a project, and may fund projects in total or in part, whichever best serves the objectives of the Wildfire Prevention Grants Program.
Grant applications are due by January 10, 2024.
STAFF ANALYSIS:
Subsection 11 of the Palm Springs Municipal Code Section 8.04.510 subsection 304.1.2 outlines the type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with Palm Springs Fire Department Appendix S “Vegetation Management in Very High Fire Hazard Severity Zones (VHFHSZ)” (Attachment B).
Vegetation management has proven to be a major factor in reducing the changes of buildings igniting from wildfires and from wildland areas being ignited as a direct result of burning buildings. When combined with special building construction features, the chance of ignition is further reduced. The Vegetation Management Guideline increases requirements for brush clearance for fire safety in the VHFHSZ.
Owners of property located in the VHFHSZ are required to maintain their property in accordance with the 2022 California Fire Code and Palm Springs Fire Department (PSFD) Vegetation Management Guideline. These guidelines include year-round compliance shall be maintained as described in the PSFD Vegetation Management Guideline on all native brush, weeds, grass, trees, and hazardous vegetation within 200 feet of any structures/buildings, whether those structures are on the owner’s property or adjoining properties, and within 10 feet of any combustible fence or roadway/driveway used for vehicular travel.
The map on the following page identifies the VHFHSZ, and City properties within that zone. If granted the funds, the Palm Springs Fire Department Prevention Project aims to enhance fire safety through a series of activities. The primary focus will be on reinforcing Item 1X - Page 2
City Council Staff Report
December 14, 2023-- Page 3
Adopt Resolution for California Climate Investments Wildfire Prevention Grants Program the City's Very High Fire Vegetation Management program. This comprehensive initiative involves evaluating the potential for structure ignition in designated VHFHSZ, providing mitigation recommendations, creating informative materials on mitigation techniques for these areas, identifying construction methods and materials to reduce structure ignition risk, and enforcing codes in the VHFHSZ. Most importantly the grant funds would fully finance the clearance of brush on city lots within these zones to set an example and standard for our residents in these areas.
Item 1X - Page 3
f filiP Palm Springs
----
Very High Fire Hazard Severity Zones in LRA
A Recommended b CAL FIRE
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December 14, 2023-- Page 4
Adopt Resolution for California Climate Investments Wildfire Prevention Grants Program ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The City’s grant application and resolution aligns with Strategic Plan 2A – Prioritize deferred maintenance.
FISCAL IMPACT:
If awarded, the City will receive between $200,000 to 300,000 from the CCI Wildfire Prevention Grants Program, CAL FIRE, to address the risk of wildfire and reduce wildfire potential to forested and forest adjacent communities.
REVIEWED BY:
Department Director: Paul Alvarado, Fire Chief
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Palm Springs Fire Department Appendix S
Item 1X - Page 4
ATTACHMENT A
Item 1X - Page 5
55575.00001\41857025.1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
SUBMISSION OF AN APPLICATION FOR THE
CALIFORNIA CLIMATE INVESTMENTS WILDFIRE
PREVENTION GRANTS PROGRAM
WHEREAS, the State Department of Forestry and Fire Protection’s (CALFIRE) Wild Fire Protection Grants Program provides funding for wildlife prevention projects and activities in the near wildfire threatened communities that focus on increasing the protection of people, structures, and communities; and
WHEREAS, funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions; and WHEREAS, CALFIRE will consider the wildfire hazards and risks to an area, the geographic balance of projects, and whether the project is complementary to other wildfire prevention or forest health activities when awarding grants; and WHEREAS, the City’s Fire Department is seeking authorization from the City Council to submit an application to CALFIRE’s Wild Fire Protection Grants Program in an amount between $200,000.00 and $300,000.00; and
WHEREAS, if awarded, the grant funds would be used to reinforce the City's Very High Fire Vegetation Management Program, which involves evaluating the potential for structure fire ignition in the City’s designated Very High Fire Hazard Severity Zones (VHFHSZ), providing mitigation recommendations, creating informative materials on mitigation techniques for these areas, identifying construction methods and materials to reduce structure ignition risk, and enforcing codes in the City’s VHFHSZ; and WHEREAS, if awarded, this grant funding also has the possibility of fully financing the clearance of brush on city lots within these VHFHSZ zones, so as to set both an example and the standard for our residents in these areas as it pertains to brush clearance; and
WHEREAS, grant applications for the Wild Fire Protection Grants Program are due by January 10, 2024.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
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