Palm Springs City Council
January 11, 2024

encountered resources for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office.

ENV 4. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.

ENV 5. The applicant/developer shall be required to provide a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in the area.

ENV 6. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the Mitigated Negative Declaration (MND) will be included in the plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows:

AIR QUALITY:

Mitigation Measures Ill (b):

The following measures will further reduce em,ss,on of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging:

Mitigation Measures
MM 111-1. SCAQMO Rule 403 (403. 1 specific to the Coachella Valley): A dust control Plan shall be prepared and implemented during all construction activities, include ground disturbance, grubbing, grading, and soil export. Said plan shall include but not be limited to the following best management practices:
• Chemically treat soil where activity will cease for at least four consecutive days;
• All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour;
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• Water site and equipment morning and evening and during all earth-moving operations;
• Operate street-sweepers on paved roads adjacent to site; • Establish and strictly enforce limits of grading for each phase of development; and/or
• Stabilize and re-v_egetate areas of temporary disturbance needed to accomplish each phase of development.
• Wash off trucks as they leave the project site as necessary to control fugitive dust emissions.
• Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of parliculate matter during transportation. • Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic.

Monitoring Ill (b):

A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance.

Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level.

Responsible Parties: City Engineer, General Contractor
B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan.

Responsible Parties: City Engineer staff or designee
BIOLOGICAL:

MM IV-1 Construction Monitoring
• A biologist will conduct a training session on sensitive resources within the proposed project for all project personnel prior to initiation of each phase of construction on the site.
• The limits of the project disturbance area will be clearly defined and marked in the field. All project activities will be restricted to the established boundary. Project activities will be conducted during daylight hours. • All vehicles operated within all project areas will be inspected daily and maintained, if necessary to avoid leaks of fuel, hydraulic fluids, oil, or coolants.

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0 • Work areas will be kept clean and there will be careful control of waste products at all work sites.
• A biologist will be on site during all site disturbing activities. The biologist will have the authority to stop work and will immediately contact the USFWS if unintended impacts to listed species occur.

MM IV-2 Water Quality
• Earth moving should occur in a manner that prevents debris and excess materials that may interfere with drainage or impact water quality from entering drainage ways outside of the proposed project. • Re-contoured channel slopes shall be stabilized by compacting, seeding or other suitable means prior to the rain season.
• Place all excess material in safe disposal sites and stabilize these sites to prevent erosion. Avoid locations where erosion will carry material into channels.

MMIV-3 Mitigation for Impacts to Sensitive Vegetation Communities • Implementation of dust and erosion control measures to minimize indirect temporary impacts to adjacent vegetation communities.
• Control of invasive and non-native plant species to reduce the potential for these species to spread to adjacent vegetation communities.

MM IV-4 Casey's June beetle
• Impact to the Casey's June beetle will be mitigated through the acquisition of off-site habitat within the limits of Casey's June beetle critical habitat or as otherwise approved by USFWS. The location, size, and biological resources of the mitigation site will be to the satisfaction of the USFWS.

The applicant shall provide the City with written approval by the USFWS service, demonstrating that all impacts to the species have been addressed, prior to any site disturbance on the site (including grubbing, removal of vegetation or any other activity not requiring a permit).

MM IV-5 Sensitive birds
• If tree removal is proposed during the breeding season, a raptor nest survey will be conducted by a qualified biologist no longer than a week prior to any tree removal to determine if any raptor nests are present. • If an active raptor nest is discovered during the survey, buffer of 500 feet will be established around the tree. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest.
• Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures.

MMIV-6MBTA
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• If vegetation removal is conducted during breeding season (February 1 to August 15), a nest survey shall be conducted by a qualified biologist no longer than a week prior to any vegetation removal to determine if any nests are present.
• If an active nest is discovered during the survey, buffer as determined by a qualified biologist will be established around the nest until the young are independent of the nest site. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest.
• Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures.

MM V/-7 Jurisdictional Waters
• Impacts to USAGE and RWQCB waters will be mitigated at a ratio of 3 to 1 for permanent impacts and 1 to 1 for temporary impacts. Impacts to CDFW waters will be mitigated at a ration 3 to 1 with the exception of the East Palm Canyon Channel and crest bush scrub that will be mitigated at 1 to 1 due to the lower tree density in these areas. The total mitigation proposed for impacts to jurisdictional waters is 3.317 acres including 3.01 acres of catcalls acacia thorn scrub and 0. 312 acres of crest bush scrub resource agencies. Mitigation for jurisdictional impacts includes impacts to

3.01 acres of catclaw acacia thorn scrub.

MM Vl-8 Agua Caliente Tribal Habitat Conservation Plan
• Prior to the issuance of grading and building permits, the project proponent shall pay the most current Valley Floor Conservation Area mitigation fee to the Agua Caliente Band of Cahuilla Indians. • Do not plant wildlife-poisoning oleander plants within the project boundaries.
• Direct all project lighting downward so that it does not interfere with the nocturnal activities of animals living within the adjacent Santa Rosa Mountains.

CULTURAL RESOURCES:

MM V-1 If buried materials are discovered during any earth-moving operations associated with the project, all work in the area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds.

MM V-2 An Approved Cultural Resources Monitor(r), as indicated by the Agua Caliente Tribal Historic Preservation Office, shall be present during any survey and/or ground disturbing activities.

MM V-3 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately Item 1J - Page 47
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cease a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPOJ, Bureau of Indian Affairs (BIA), the Agua Caliente Band of Cahuil/a Indians and the City, and shall be resolved to their satisfaction.

MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Cultural Register.

GEOLOGY AND SOILS:

MM VI 1
MM'l/2
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MM '116
MM Vl-7
MM V/-8
ReeoFRpaotion of na#'l6 so#s shat/ oecur in a!! buildin'i} a.r:eas.

Existing surfaee soi.'-s shall be 0·1-er excaWJted to a minimum of 4 f.eet below existing grade or a minimum of 3 f.eot below ~e feeling Jev-e!, whfGhev-er is lower.

Existing surface so#s shalt be over exoaYated to a minimum of 5 f.eet beyond exterior footings.

Tl:ie bettem of a!! suB exoa·ration areas shalt be soarified, moisture conditioned and re oomt,aoted to at least 90% ,r:e.'-atii.,.e oompaotion (ASTM 1657) f.er an add#ional of 1 foot.

Basement foundation areas shat/ be ov-er exoav-ated to a minirrwm of 2 f.eet Below ~e footing lo'I-Bt.

The JateraJ extent of #le basement sub grade f3,"=9f)ar:ation sl=la.'! extend f.er a minimum Gf 2 foet b9¥-0nd the outer edge of exterior f.eet-ing.

Note: Mitigation Measures MM Vl-1 to Vl-6 apply only to basement conditions, which are not contemplated under this
application. A corresponding deletion shall be made to the Initial Study. This does not constitute a significant change to the Project.

Native soil utilized, as engineered fill shall be free of deleterious and organic matter and free of rocks larger than 6 inches.

Imported fill materials shall be non-expansive, granular soils meeting uses classifications SM, SP-SM or SW-SM with a
maximum rick size of 3 inches and 5 to 35% passing the No. 200 sieve.

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MM Vl-9 The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources.

HYDROLOGY AND WATER QUALITY:

MM V/11-1 Prior to approval of a grading plan, the project proponent shall submit to the City Engineer for review and approval a hydrology study determining the volume of increased stormwater runoff due to development of the site and determining required stormwater runoff mitigation measures for the proposed development. Appropriate measures (on-site storm drainage improvements and on-site retention system) shall be included in the design of the site, as required by the City Engineer.

MM V/11-2 Prior to the issuance of any permit (grubbing, grading or building) on the site, the project proponent shall comply with the city's flood damage prevention ordinance and obtain city and FEMA approvals for development of the site within the 100 year floodplain causing any increase in flooding upstream or downstream of the site. No building permits can be issued for new homes until completion of all grading and . drainage improvements identified on the CLOMR and submittal of as'-built documentation and analysis to FEMA and their issuance of a final LOMR.

NOISE:

MM Xl-1 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site.

MM Xl-2 The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction.

MM Xl-3 The project proponent shall mandate that the construction contractor prohibit the use of music or sound amplification on the project site during construction.

MM Xl-4 A six foot perimeter wall shall be installed along the property line of all residential lots occurring adjacent to Palm Canyon Drive. The wall shall be of solid construction, with no gaps or holes.

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0 ENV 4. Reimburse City for Monitoring Expenses. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developer's operations and activities for compliance with all applicable mitigation measures. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Submittal of Final POD. The Final Planned Development plans shall be submitted in accordance with Section 94.03.00 (Planned Development District) of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission and Planning Department. Final Planned Development District applications must be submitted within two (2) years of the City Council approval of the preliminary planned development district.

PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00.

PLN 3. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section

93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted.

PLN 4. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of the Palm Springs Municipal Code and all other relevant water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal.

Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the City's Water Efficient Landscape Ordinances.

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0 PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan.

PLN 6. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned.

PLN 7. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.

PLN 8. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas.

PLN 9. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits.

PLN 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems.

PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.

PLN 12. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employee vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved.

PLN 13. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities in the Sculpture Garden area for use by residents and visitors. Location and design shall be approved by the Director of Planning.

PLN 14. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps.

PLN 15. Provide 'smart controllers' for all irrigation systems.

PLN 16. Development Standards. The following development standards shall apply to PD 381.

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Develooment Standard PD-381
Min. Lot Size 4,003 Sauare Feet
Min. Setbacks (Interior)
• Front -Residence 5 Feet
• Front -Garage 18 Feet
• Front -Garage (Lots 1, 35, 39,
5 Feet 40, 47, 48)
•Side 5 Feet
•Rear 5 Feet
Min. Setbacks (Perimeter) 25 Feet
Max. Lot Coveraae 50%
Distance Between Buildinas 10 Feet
Max. Buildina Heiaht 24 Feet
Min. Outdoor Space 550 Square Feet
Any accessory structures not anticipated as part of this planned development district application may be permitted in accordance with the requirements of the R-1-D zoning district.

PLN 17. Vehicular Gates. Vehicular gates shall not be permitted pursuant to General Plan policy CD 14.6. (Added by the City Council on July 5, 2017) PLN 18. Pedestrian Connectivity. Provide additional pedestrian connection(s) to the public sidewalks at the perimeter of the site where feasible. (Added by the City Council on July 5, 2017)
PLN 19. Driveway Length. Driveway length shall either be a minimum of 18 feet, or a maximum of five feet for Lots 1, 35, 39, 40, 47, and 48.

PLN 20. Building Separation. There shall be a minimum of fifteen (15) feet of separation between the second floors of a building to an adjacent second floor of a building. (Modified by the City Council on July 5, 2017) PLN 21. Touching Canopy of Trees. The developer shall planUinstall touching canopy of trees surrounding the development allowing walkability. (Added by the City Council on July 5, 2017)
PLN 22. Solar Requirement. Residential buildings shall be wired for solar installations providing a minimum of 2,000 kilowatts.

PLN 23. Minimum 30-Day Rental. The CC&R's shall restrict short-term rental to a minimum of thirty (30) days. (Added by the City Council on July 5, 2017) PLN 24. Wall Articulation. The applicant shall add articulations to the walls along East Palm Canyon Drive subject to the review of a subcommittee of Item 1J - Page 52
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Councilmembers Chris Mills and JR Roberts. (Added by the City Council on July 5, 2017)

POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code.

BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.

ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Public Works and Engineering Department for review and approval.

STREETS
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The City Council approves deferral of off-site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits.

Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

Applicant shall oetain State peFA::iits and a1=1proi.•al of 1=1lans fer all work done on State Highway 111. A copy of an apJ:>ro,.•ed Caltrans ensroashment permit shall ee pro11ided to the City Engineer prior to the Item 1J - Page 53
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issblanse of any bblildiAg permits, blnless otherwise allowed by the City engiReer. CeAditions iAdieated t:iereiR related te East Palm CBB:Y9F! Dm<e (State l=li!l!RWay 111) ai:e subjest to change in asoordanse witl:l C altrans reqblirements, as may be indisated by improvement plans approlJes by Caltans andtor an Ensroast:ln::ient Permit issbled by Caltrans to the applicant for sonstrblotion of improvements along East PalFR Gan'ton Dri\<e (State l=lighway 111 ).

Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits.

Abandonment of right-of-way is required to facilitate the proposed development application. Right-of-way abandonment for a portion of Matthew Drive (transitioning from existing 44 feet of right-of-way to 22 feet of right-of-way) shall be reviewed and approved by the City Engineer.

Right-of-way abandonment for the easterly 23 feet of Linden Way (preserving necessary right-of-way for a standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road) shall be reviewed and approved by the City Engineer. Approved right-of-way abandonment shall be acknowledged on the Final Map in accordance with Subdivision Map Act Section 66434(9). Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public rights-of-way to be abandoned.

The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer.

Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer.

The public street improvements outlined in these conditions of approval are intended to convey to the applicant an accurate scope of required improvements, however, the City Engineer reserves the right to require additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions.

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EAST PALM CANYON DRIVE (STATE HIGHWAY 111)
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Dedicate additional right-of-way to accommodate the ultimate width of 50' feet along the East Palm Canyon Drive frontage, including a property line - corner cut back at the southwest corner of East Palm Canyon Drive and Gene Autry Trail in accordance with City of Palm Springs Standard Drawing No. 105.

Remove the existing 8 inch curb and gutter along the entire frontage, and construct an 8 inch curb and gutter, located a minimum of 38 feet south of centerline in accordance with City of Palm Springs Standard Drawing No. 200. "Deferred'
Remove and reconstruct the existing curb return, spandrel and cross­ gutter at the southwest corner of the East Palm Canyon Drive and Gene Autry Trail intersection as necessary to accommodate widening of East Palm Canyon Drive. If necessary, remove and reconstruct the entire cross-gutter extending to the southeast corner of the East Palm Canyon Drive and Gene Autry Trail intersection as required by the City Engineer. "Deferred'
Qru!~.9lc!1?J~,ru wide combination sidewalk and bicycle path along the entire frontage extending to Linden Way. The construction shall be with colored Portland cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division.

Construct a minimum 14-feet wide landscaped median island across the entire frontage from Linden Way to Gene Autry Trail/Matthew Drive.

Provide a 375 feet long eastbound left turn pocket at Gene Autry Trail/Matthew Drive, with a 150 feet long bay taper. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. "Deferred'
Submit landscaping and irrigation system improvement plans for the proposed median for review and approval by the City Engineer. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. "Deferred'
All median landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with Item 1J - Page 55
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ENG 15.
similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. "Deferred'
Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. "Deferred'

MATTHEW DRIVE
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Dedicate a half street right-of-way of 22 feet along the frontage where necessary.

The existing street improvements extending south of Gene Autry Trail shall be protected in place to the extent that an appropriate transition of curb and gutter from 32 feet west of centerline to 25 feet west of centerline is approved by the City Engineer.

Construct a 6 inch curb and gutter located 20 feet from centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206.

Remove and reconstruct the existing curb return, spandrel and cross­ gutter at the northwest corner of the intersection of Matthew Drive and Linden Way as necessary to align the cross-gutter flowline.

Construct a 50 feet wide Main Entry driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 435 feet south of the centerline of East Palm Canyon Drive.

The gated entry is subjeot to review and appro¥al by the City Engineer and Fire Marshall. The applioant shall provide an exhibit showing truck turning movements around tt:1e entry, aemonstrating the ability of standard size vehioles to maneuver through the entry (•.Yithout reversing) if unable to enter the projest. A minimum of 50 feet shall be pro•1ided between the Item 1J - Page 56
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baok of sidewalk on the adjacent street and the gated entry diFeoterytoontrol panel, with an appreved maneuvering area provided be~•.•een the Elirestorytsontrol 13anel and the entry gates. The ingress and egress lanes sl:lall be a n:1inirF11:,,n:1 of 2Q feet wide, Ynless etherwise appro\'ed by the Fire Marshall. An optison:1 or Ton:1ar systen:1 (or approi.•ed equal) fer auton:1atiG eperatien by en:1ergenoy \'ehisles, witl:l uninterrupted power sYpply (battery eaok up), shall he installed for the entry gates, n:1eeting tl:le appro\'al ef the Fire Marsl:lall.

Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.

Construct a 24 feet wide driveway approach for emergency purposes and resident egress in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 170 feet east of the centerline of Linden Way.

Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 212.

Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310.

If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

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LINDEN WAY
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ON-SITE
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Construct a full standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 104.

Construct a 6 inch curb and gutter, 18 feet east of centerline along the entire frontage and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 200.

Construct a 5 feet wide sidewalk behind the curb along the entire frontage and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 210.

Construct pavement with a minimum pavement section of 2½ inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage, and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road in accordance with City· of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnica1 Engineer using "R" values from the project site and submitted to the City Engineer for approval.

All on-site streets shall be two-way with a minimum 24 feet wide travelway where no on-street parking is proposed.

All on-site private street entrance shall be two-way with a minimum 36 feet wide travelway (as measured from face of curb) where No on-street parking is proposed.

All on-site private streets shall be two-way with a minimum 32 feet wide travelway (as measured from face of curb) where on-street parking is proposed on one side of the street.

On-site streets shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards.

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ENG 35. The minimum pavement section for all on-site asphalt concrete pavement shall be 2½ inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

SANITARY SEWER
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GRADING
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All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes.

If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division.

Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval.

The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.

A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training.

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For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM1 O" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.

The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report and a copy of the project-specific Final Water Quality Management Plan.

Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI­ [email protected] to determine their requirements, if any, associated with ·grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

Perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

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The applicant shall obtain all required environmental permits (i.e. Section 401 Water Quality Certification, Section 404 Permit, and Section 1602 Streambed Alteration Agreement) required for construction with in the Jurisdictional Waters of the U.S. The applicant shall provide copies of required permits prior to approval of grading plans. Alternatively, the applicant shall provide a copy of a determination from the U.S. Army Corps of Engineers that the project does not impact waters of the U.S., and a letter from the California Department of Fish and Wildlife authorizing construction of the project without an agreement.

Prior to issuance of grading permit, the applicant shall provide verification to the City that the fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan (THCP).

Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters.

The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan to the Engineering Division prior to construction of any building foundation. ·
A Notice of Intent to Comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) s required for the proposed development via the California Regional Water Quality Control Board online SMARTS system.

A copy of the executed letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit.

Projects causing soil disturbance of one acre or more, must comply with the General Permit for Stormwater Discharges Associated with Construction Activity, and shall prepare and implement a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. The project applicant shall cause the approved final project-specific Water Quality Management Plan (if required) to be incorporated by reference or attached to the project's SWPPP as the Post­ Construction Management Plan._A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request.

In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand Item 1J - Page 61
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dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

At the time of issuance of Grading Permit, the applicant shall post with the City a cash bond of $40,000.00 which will guarantee that in the event that no work occurs on the site or any portion thereof, for a period of time of 6 months or more, that the construction fencing will be removed and that any vacant, graded, or disturbed area of the site will be restored to the original topography of the site, glued, or hydroseeded, and that such gluing or hydroseeding shall be maintained.

A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan.

The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil en·gineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer.

In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208).

WATER QUALITY MANAGEMENT PLAN
ENG 54. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Item 1J - Page 62
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DRAINAGE
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Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any).

A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited.

Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan.

Prior to final City approvals the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project­ Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable).

This property is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 8.68 et. seq. ("Flood Damage Prevention") of the Palm Springs Municipal Code, and applicable state and federal laws and regulations. Specifically, this property is located within a designated SFHA identified by Zone AO (Depth = 2 feet) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 06065C1586G, dated August 28, 2008. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. Accordingly, the following requirements apply:
a. In accordance with Chapter 8.68.190(A)1 of the Palm Springs Zoning Municipal Code, the Vesting Tentative Tract Map shall be revised to identify Item 1J - Page 63
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the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base flood (BFE's). The final conformed copy of the approved Vesting Tentative Tract Map shall include the required information, including delineation of SFHA's and identification of associated BFE's.
b. In accordance with Chapter 8.68.150 of the Palm Springs Municipal Code, at a minimum, the following items shall be submitted to the City by the applicant before construction or other development begins within any Special Flood Hazard Area (SFHA plans in triplicate drawn to scale showing the location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location, proposed locations of water supply, sanitary sewer, and other utilities; grading information showing existing and proposed contours, any proposed fill, and drainage facilities. The submittals shall be subject to review and approval by the City Engineer. Specifically, the following information is also required:
i. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all proposed residential structures as required by Chapter 8.68.170(c)(1) of the Palm Springs Municipal Code. ii. Proposed elevation in relation to mean sea level to which any nonresidential structures will be floodproofed, as required in Chapter

8.68.170(c)(2) of the Palm Springs Municipal Code and detailed in FEMA Technical Bulletin TB 3-93.
iii. All appropriate certifications listed in Chapter 8.68.140(e) of the Palm Springs Municipal Code.
iv. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
v. Base Flood Elevation (Base Flood Elevation (BFE) information as specified in Chapter 8.68.070 of Section 8.68.140(C)(2) of the Palm Springs Municipal Code;
vi. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodprone criteria in Chapter 8.68.170 (c)(2) of the Palm Springs Municipal Code. vii. For a crawl space foundation, location, and total net area of foundation openings as required in Chapter 8.68.170(c)(3) of the Palm Springs Municipal Code and detailed in FEMA, Technical Bulletins 1-93 through 1-93 and 7-93.
c. The applicant shall provide the Building Department with the elevation of the lowest floor (including basement). The elevation certification shall be Item 1J - Page 64
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done, on a form acceptable to FEMA, by a registered professional civil engineer or surveyor.
d. In accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including all appropriate technical studies and hydraulic analyses, and payment of required FEMA application fees, shall be submitted -ta and approved by FEMA, prior to approval of a grading plan and storm drain plan and issuance of grading permit. Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, the approval of the storm drain plan, or approval of a Final Map, will not be given by the City, until approval of the applicant's CLOMR application to FEMA is provided to the City by evidence of a CLOMR issued by FEMA.
e. Within six months of information becoming available, the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR) -1-A in accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b} of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-built's"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a Building Permit. A Building Permit for construction of any building on this property currently located within a special flood hazard area will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA.

Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the on­ site retention basins, as described in a Final Hydrology Study for the project. The Final Hydrology study for Vesting Tentative Tract Map 36969 shall include catch basin sizing, storm drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements.

All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on­ site storm drain systems acceptable to the City Engineer shall be included Item 1J - Page 65
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GENERAL
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in Covenants, Conditions and Restrictions (CC&R's) required for this project.

The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $7,522.00 per acre per Resolution No. 15189.

Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (Le. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches. and other street cuts within existing asphalt concrete pavement of off~site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

All proposed utility lines shall be installed underground.

In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on­ site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the north property line, meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. "Deferred"
The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and Item 1J - Page 66
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MAP
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notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the developer prior to issuance of any grading or building permits.

All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF {Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application.

A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for Item 1J - Page 67
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the subject property, the traverse closures for the existing parcel and all lots created therefore, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits.

A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map.

Upon approval of a final map. the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name.

G.1.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file)), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

In accordance with Section 66434 (g) of the Government Code, approved portions of right-of-way for Matthew Drive and Linden Way may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of-way to be abandoned. Prior to approval of a Final Map, the applicant shall provide to the City Engineer a letter of approval regarding the proposed abandonment of rights-of-way over Matthew Drive and Linden Way from each public utility agency.

Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete.

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TRAFFIC
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Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the project site at both site access points, in accordance with City of Palm Springs Standard Drawing No. 620 through 625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer.

Relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the southwest corner of East Palm Can')!on Drive (State Highway 111) and Gene Autry Trail/Matthew Drive, in accordance with the requirements of the City of Palm Springs and Caltrans. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer or traffic engineer for review and approval by Caltrans. The traffic signal shall be relocated in conjunction with the widening of East Palm Canyon Drive, and prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. "Deferred'
Install traffic striping, signage and markings on East Palm Canyon Drive and Matthew Drive as required in conjunction with the widening of the streets. Submit traffic striping and signage plans, prepared by a California registered civil engineer, for review and approval by the City Engineer.

Required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. "Deferred''
A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the street frontages of the subject property.

All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" Item 1J - Page 69
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of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review.

FID 1 These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans stamped received March 27, 2017. Additional requirements may be required at that time based on revisions to site plans.

FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted.

FID 3 PLANS AND PERMITS
Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM -6:00 PM, Monday -Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. These fees are established by Resolution of the Palm Springs City Council.

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Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

FID 4 Conditions of Approval -"Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

FID 5 Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 24 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches.

Fire Lane Marking (CFC 503.3): Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING-FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities.

Project Note: Minimum road width with parking on both sides= 40 feet Project Note: Minimum road width with parking on one side= 32 feet Project Note: Minimum road width with no parking on either side = 24 feet Item 1J - Page 71
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Conditions of Approval

FID 6 Additional Access (CFC 503.1.2): The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

FID 7 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric.

FID 8 Traffic Calming Devices (CFC 503.4,1 ): Traffic calming devices shall be prohibited unless approved by the fire code official.

FID 9 Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Secured automated vehicle gates or entries shall utilize a combination of a Tamar Strobeswitch TM, or approved equal, and an approved Knox key electric switch. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position.

FID 10
In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates.

If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location.

A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position.

Project Note: All gates within the project shall be equipped with bi-directional Tomar Strobeswitch TM, or equal, opening devices
Key Box Required (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.

Item 1J - Page 72
0 Resolulron No. 24265, 24266, 24267, and 24268
Conditions of Approval

FID 11
FID 12
FID 15
Operational Fire Hydrant(s) (CFC 507.1, 507.5 & C105.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided.
• Maximum distance from any point on street frontage to a public hydrant - 250 feet
• Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction and shall be serviceable prior to and during construction
NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 130, 2013 Edition, as modified by local ordinance. • Shall comply with Palm Springs Fire Code Appendix L
Residential Smoke and Carbon Monoxide Alarms Installation (CFC 907.2.11.2/3/4; CRC R314 & R315; and California Health & Safety Code 17926): Provide and install Residential Smoke and Carbon Monoxide Alarms.

Alarms shall receive their primary power from the building wiring, and shall be equipped with a battery backup. In new construction, alterations, repairs and additions, smoke and carbon monoxide alarms shall be interconnected. The operation of any smoke alarm will cause all smoke alarms within the dwelling to sound. The operation of any carbon monoxide alarm will cause all carbon monoxide alarms within the dwelling to sound.

END OF CONDITIONS

Attachment D
Item 1J - Page 73
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36969 AND AN

ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH

EHOF CANYON VIEW LLC, A DELAWARE LIMITED LIABILITY

COMPANY, FOR PROPERTY LOCATED AT SOUTHWEST CORNER OF
EAST PALM CANYON DRIVE AND MATTHEW DRIVE, IN SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST.

WH
EREAS, the City Council of the City of Palm Springs, at its meeting of July 19, 2017 recommended approval of Tentative Tract Map 36969, subject to conditions; and
WHEREAS, the Planning Commission of the City of Palm Springs, (hereinafter the “City”), at its meeting of June 19, 2021, approved Tentative Tract Map 36969 subject to conditions , subsequently approved by City Council on July 22, 2021; and
WHEREAS, EHOF Canyon View, LLC, a Delaware Limited Liability Company, (hereinafter the “Subdivider”), has filed with the City a final map for Tentative Tract Map 36969, identified as Tract Map 36969 , in accordance with Section 66458 of the California Government Code; and
WHEREAS, the Subdivider, has offered dedication to the City of Palm Springs; an easement for public utility purposes together with the right of ingress and egress for service and emergency vehicles and personnel over Lots A through C, an easement for public utilities shown as “10’ P.U.E.” adjacent to Lots A through C inclusive and
WHEREAS, required Works of Improvements have not been completed by the Subdivider as of the filing of Tract Map 36969 , and the Subdivider has requested that the City enter into a Subdivision Improvement Agreement with the Subdivider to secure the cost of public improvements in accordance with Section 66462 of the California Government Code.

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

SECTION 1.

Tract Map 3 6969 is in substantial conformance with the approved Tentative Tract Map 36969.

SE
CTION 2. Tract Map 36969 is in conformance with the General Plan SE
CTION 3. Tract Map 3 6969 conforms to all requirements of the Subdivision Map Act of the State of California.

Item 1J - Page 74
Resolution No. _____

SECTION 4. In accordance with Section 66477.1 of the California Government Code, the offers of dedication to the public on Tract Map 36969 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof.

SECTION 5.

The City Council hereby approves a Subdivision Improvement Agreement for Tract Map 36969 with the Subdivider and accepts subdivision improvement securities in conformance with the requirements therein for public improvements.

SECTION 6.

The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider

SECTION 7.

The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder.

SECTION 8.

Tract Map 36969 is hereby approved for purposes therein defined.

ADOPTED THIS 11 TH DAY OF JANUARY, 2024.

SCOTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS

ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1J - Page 75
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 January 11, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1J - Page 76

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: APPROVAL OF TRACT MAP 37726 FOR TIME SHARE PURPOSES FOR PROPERTY LOCATED AT 1600 NORTH INDIAN CANYON DRIVE

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

MSA Consulting, Inc., representing AGRE DCP Palm Springs LLC, a Delaware Limited Liability Company, (the “Developer”), has requested approval of a final map for Tentative Tract Map 37726 to convert 163 hotel rooms for time share purposes at the Margaritaville Hotel (formerly the Riviera Hotel) located at 1600 North Indian Canyon Drive. Approval of a final map for Tentative Tract Map 37726 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.

RECOMMENDATION:

Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37726, FOR PROPERTY LOCATED AT 1600 NORTH INDIAN CANYON DRIVE , IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from AGRE DCP Palm Springs LLC is included as Attachment A.

BACKGROUND:

At its meeting of October 10, 2019, the Planning Commission recommended approval of Tentative Tract Map
37726 (TTM 37726) to convert 163 hotel rooms in buildings 4 and 5 of the Margaritaville Hotel (formerly the Riviera Hotel), which was subsequently approved by the City Council, subject to conditions, on November 6, 2019.

Item 1K - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
Approve TM 37726

The expiration date of TTM 37726 was November 6, 2021; however, Assembly Bill 1561 approved by the Governor on September 28, 2020, extended entitlements for 18 months.

MSA Consulting, Inc., representing the Developer, timely filed a final map for TTM 37726 on March 10, 2020. Pursuant to state law (California Government Code Section 66452.6 [the “Subdivision Map Act”]), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map.

STAFF ANALYSIS:

The developer has met all required conditions. A site map is provided below and a copy of the final map for TM 37726 is included as Attachment B.

The City Engineer has determined that required conditions of approval associated with TTM 37726 have been satisfied, that Tract Map 37726 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 37726 is ready for City Council approval.

Buildings 4 & 5

Item 1K - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
Approve TM 37726

ENVIRONMENTAL ASSESSMENT:

City Staff has evaluated the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt from the requirements of CEQA pursuant to Section 15331 (Existing Facilities) of the CEQA Guidelines. The proposed project is categorically exempt. Accordingly, upon approval of this item, a Notice of Exemption will be prepared and filed with the Riverside County Clerk.

FISCAL IMPACT:

Approval of Tract Map 377 26 will provide additional TOT revenues. The applicant’s calculations indicate a potential increase in the TOT revenue based on a higher occupancy rate and higher daily room rate.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Business Principal Disclosure
B. Tract Map 37726
C. Resolution
Item 1K - Page 3

Attachment A
Item 1K - Page 4
Item 1K - Page 5

1. 2.
(
(
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Name
of
Entity
AGRE
DCP
Palm
Sorinas
LLC
Address
of
Entity
(Principle
Place
of
Business)
3021
Walnut
Circle,
Suite
130
Walnut
Creek
CA
94598

3. Local
or
California
Address
(if
different
than
#2)

4. State
where
Entity
is
Registered
with
Secretary
of
State
CA
If other
than
California,
is
the
Entitv
also
reaistered
in
California?
n
Yes
n
No

5. Type
of
Entity
LJ:-
.--·-::-11
~
....
,,:~ ... '" .. , .......
,~y•--
··•r--••,
LJr
.. ,w,
... rsn1p
LJ
1rust
LJvmer(pleasespecify)

6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(please
specify)
Note:
ff
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
Dan
Kwon
D
Officer
D
Director
gMember
D
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
Tracet
Gamble
D
Officer
D
Director
.Kl
Member
D
Manager
[name]
O
General
Partner
O
Limited
Partner

Other
Heather
Turner
0 Officer
D
Director
Ii
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
RECEIV
ED
(Revised
07 05
18)
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of2
APR
0·8 2019

PLANNING

SERVICES
OF0/\nT••
o::•1T
Item 1K - Page 6
(

7. Owners/Investors
with
a
5%
beneficial
interest
in
the
Applicant
Entity
or
a
related
entity
A.

N/A
[name
of
owner/investor]
[name
of
official
with
whom
owner/investor
has
material
financial
relationship]
FOR

RELATIONSHIP
A,

EXPLANATION
OF
THE

RELATIONSHIP
:

B.

N/A
[name
of
owner/investor]
[name
of
official
with
whom
owner/investor
has
material
financial
relationship]
r-urt

RELATIONSHIP
B,

EXPLANATION
OF
THE
RELATIONSHIP:

C.

NIA [name
of
owner/investor]
[name
of
official
with
whom
owner/investor
has
material
financial
relationship]
FOR

RELATIONSHIP
C,

EXPLANATION
OF
THE
RELATIONSHIP:

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
(Revised
09 13
18)
i/f/17
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
2 of
2 i

Attachment B
Item 1K - Page 7
Item 1K - Page 8

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37726
SHEET 1 OF 3 SHEETS

RECORDER'S STATEMENT
BEING A SUBDIVISION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER, COC 17-01 FOR PM 37327 REC. 6/14/17 AS DOC 2017-0237326, OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.

FILED THIS ___ DAY OF _____ , 20

AT IN BOOK OF
MAPS AT PAGES _____ AT THE REQUEST OF
THE CITY CLERK OF THE CITY OF PALM SPRINGS.
(119 MSA CONSULTING, INC. NOVEMBER - 2019

OWNER'S STATEMENT
WE HEf~EBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE HEREBY CONSENT TO THE

MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

AGRE DCP PALM SPRINGS, LLC,
A DEU\WARE LIMITED LIABILITY COMPANY
BY: -~k .-~~-
PRINT NAME· 1itttee'f '-11-wtll.£:

IT'S:

BENEFICIARY STATEMENT
TERRA MORTGAGE CAPITAL I, LLC, .A DELAWARE LIMITED LIABILITY COMPANY, BENEFICIARY PER DEED OF TRUST RECORDED DECEMBER 12, 2019, AS INSTRUMENT NO. 2019-0513608, BY ASSIGNMENT RECORDED DECEMBER 24, 2019, AS INSTRUMENT NO. 2019-0533785, BOTH OF OFFICIAL RECORDS OF RIVER IDE COUNTY, CALIFORNIA.

BY:

E: 6et6oRi fN\tVS
1rs: _Av'fflot,z6'> Su,~l\,vtt.i

NOTARY'S ACKNOWLEDGMENT
SEE SHEET 2

SIGNATURE OMISSIONS
SEE SHEET 2
BY: =~-,-,-~---------
PRINT NAME:

IT'S: -------------

FOR CONDOMINIUM PURPOSES

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANO IS BASED UPON A

FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT ANO LOCAL ORDINANCE AT THE REQUEST OF AGRE DCP PALM SPRINGS, LLC, IN NOVEMBER OF 2019. i HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS

INDICATED, OR WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP.

IF ANY.

DATED:

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT MAP NO. 37726, CONSISTING OF 3 SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF;

THAT ALL PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; DATED: --------

JOEL MONTALVO

CITY ENGINEER
R.C.E. 62624

CITY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THE MAP, AND THAT I AM SATISFIED THAT IT IS TECHNICALLY CORRECT.
o•rrn z.,:, • Nov.~
E~WAf:~ . PLS. 7648
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

NO. ____________ _

FEE -------------

PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER
BY: DEPUTY -------------
SUBDIVISION GUARANTEE BY: FIRST AMERICAN TITLE COMPANY

TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE. AS OF THIS DATE,

THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID

STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, ~liliilT ;j"4',)(['.:Y"0R•~§01~ Af3£§85MEl4 l'3 eotte.,""'f'E5' A5 tf>;XES "NOW~:A: EIEM r:serr ~l-PJ>XABb:I!', WI 1101 I ARE E&FIMM'EB · ffl BE" t ---- DATED: tJovent>~ 15 .20JJ.

MATTHEW JENNINGS

COUNTY TAX COLLECTOR
BY: ---~-\'~,~\~\----1!7.___~0_. __ , DEPUTY
1 HEREBY CERTIFY'Ttd.AT A BOND !N THE SUM OF $_____ 'HAS BEEN EXECUTED AND FILED WITH THE 'i:i~RD OF SUPERVISORS OF THE COUNTY Of.'RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTT; MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS-,COLLECTED AS TAXES, WfjlCH AT THE TIME OF FILING OF

THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DUbY., APPROyer( BY SAID BOARD OF SUPERVISORS. '""-..,_✓,,,·
,,..,;,,
DATED: ,20 / -------- ✓-/_,..,-•'
CASH OR SURETY BOND ✓ "'/

MATTHEW JENNINGS /,,/
COUNTY TAX COLLECT~/'
/.,,,/
./
·"',...,,, BY: , DEPUTY ~.,,,7'.~----------
,.,✓
-

CITY CLERK'S STATEMENT
i, BRENDA PREE, CITY CLERK AND EX-OFFICIO ASSESSOR OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, STATE OF CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE ____ DAY OF _______ , 20 , DULY APPROVED THE WITHIN MAP OF TRACT MAP NO. 37726. . ................... .

THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 6TH DAY OF NOVEMBER, 2019.

DATED: BY: -------- ~---------------BRENDA PREE, MMC

CITY CLERK AND EX-OFFICIO ASSESSOR OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS
J.N. 2507
Item 1K - Page 9
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 3 SHEETS TRACT MAP NO. 37726
BEING A SUBDIVISION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER, COC 17-01 FOR PM 37327 REC. 6/14/17 AS DOC 2017-02.37.326, OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.8.M.

NOTARY'S ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF G,I\LIFOFl~ll,'\ /1)£.,J 'f•i(.f<..)
ss
COUNTY OF.jV£1111 l(bU:..... )
ON NW£rtlt:k.. J: . .a.o)..f ' BEFORE ME G1,J4 kr'1'( A NOTARY PUBLIC, I _ _;;;_ _ _.,_ _ __:;___,,_ ___ _ PERSONALLY APPEARED ~/le€Y (r-/fnflJLE

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

MEW 'i'otlK.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF GAblF9RNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

MY PRINCIPAL PLACE OF BUSINESS
IS N'(,k) '(),u::::_..... COUNTY.
o~I(rft, 77
NOTRY COMMISSION NO.
(PRINT NAME) MY COMMISSION EXPIRES
NOTARY,$ ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE IND!VlDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF -GAUFOR~HA N"W '/oV..¥,..)
ss
COUNTY OF NCAA.) Yo{'\(: )
Vao.lt.u ~t>~~
ON N6\14~ l'':>, 2.0"2."?. , BEFORE ME __ 6_,.__,_,_1.-:,__..· __ t_,.._'\_!.U_.S ____ A NOTARY PUBLIC, PERSONALLY APPEARED <olll!qo,y t;,{~\cUl

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
wew -toit-1(.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF -OA!::+F-GRN4A THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE~BLIC
QOLJ.\.~ '<o.&A.
(PRINT NAME)

MY PRINCIPAL PLACE OF BUSINESS
IS NeLv '(or< COUNTY.

Ot'fAb\..\CSl Z6
NOTARY COMMISSION NO.

MY COMMISSION EXPIRES
<IB MSA CONSULTING, INC. NOVEMBER - 2019

FOR CONDOMINIUM PURPOSES

NOTARY,S ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA )
ss
COUNTY OF _______ --/)
ON _________ ___,, BEFORE ME ___________ A NOTARY PUBLIC, PERSONALLY APPEARED _________________________ ,,

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE OF NOTARY PUBLIC
(PRINT NAME)

CITY OF

PALM SPRINGS
VICINITY MAP•
N.T.S.

MY PRINCIPAL PLACE OF BUSINESS
IS ________ COUNTY.

NOTARY COMMISSION NO.

MY COMMISSION EXPIRES
E. VISTA ;HINO
SITE

SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 (a)(3)(A)(i-viii) OF THE SUBDIVISION MAP ACT, THE SIGNATURE(S)

OF THE FOLLOWING OWNER(S) OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED, AS THEIR INTERESTS CANNOT RIPEN INTO FEE.

1. RIGHTS-OF-WAY AND POLES AND TRANSMISSION LINES AS PROVIDED FOR IN PATENT FROM THE UNITED STATES OF AMERICA RECORDED MAY 8, 1957 AS INSTRUMENT NO. 33700, WHICH IS

SUBJECT TO RIGHTS FOR TRANSMISSION LINE PURPOSES GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY SUCCESSOR IN INTEREST THE CALIFORNIA ELECTRIC POWER COMPANY.

2. SOUTHERN CALIFORNIA EDISON COMPANY SUCCESSOR IN INTEREST TO CALIFORNIA ELECTRIC

POWER COMPANY, HOLDER OF RIGHTS FOR UNDERGROUND CONDUIT, TRANSFORMER AND INCIDENTAL PURPOSES, RECORDED OCTOBER 02, 1959, AS INSTRUMENT NO. 84793 OF OFFICIAL RECORDS.

3. SOUTHERN CALIFORNIA EDISON COMPANY SUCCESSOR IN INTEREST TO CALIFORNIA ELECTRIC

POWER COMPANY, HOLDER OF RIGHTS FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 20, 1986 AS INSTRUMENT NO. 86-39721 OF OFFICIAL RECORDS.

EASEMENT NOTES

1. INSTRUMENT NO. 33700, RECORDED MAY 8, 1957, A PATENT FROM THE UNITED STATES OF

AMERICA, WHICH IS SUBJECT TO RIGHTS FOR TRANSMISSION LINE PURPOSES GRANTED TO THE CALIFORNIA ELECTRIC POWER COMPANY. (EASEMENT RIGHTS ARE BLANKET IN NATURE) &_ AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON, FOR UNDERGROUND CONDUIT, TRANSFORMER AND INCIDENTAL PURPOSES, PER INST. NO. 84793, REC. 10/02/59, O.R. & AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 86-39721, REC. 02/20/86, O.R. & AN ENCROACHMENT AGREEMENT WITH THE CITY OF PALM SPRINGS FOR WALLS, LANDSCAPING, IRRIGATION AND INCIDENTAL PURPOSES PER DOC. NO. 2008-0156975, REC. 03/31/08, O.R.

J.N. 2507
Item 1K - Page 10
DETAIL •A•

NOT TO SCALE

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37726
BEING A SUBDIVISION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER. COC 17-01 FOR PM 37327 REC. 6/14/17 AS DOC 2017-02.37326, OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. <119 MSA CONSULTING, INC. NOVEMBER - 2019

FOR CONDOMINIUM PURPOSES
VIA ESCUELA (PUBLIC STRECLT) gl----' _ (\;_- (N 59·53'43" W 1324.66') R1&:R_2 __ '-NJ ( . . -· - - - - - - - - - - - - - - - -T- ~R:0J7d ~ - - - - - - - - - -'l~ i,ci,ts <i, I M.B. 460/86-89 ...---l~a'6
~,3/ . ¥
gJ
I
50'
'\>-lb' I I~\
i.:5t;;,-~' be~\'\ N 89"54'11" W 418.37' L3
~~ '),. \)"
~- '\·'\',.
i.:3~~ <>~
<t'\ ~ i\1 ~
() ':) '\ ':)
LOT 1

16.210 AC
-®-
SFN ESTABUSHEO AT f.
~ PROPORTIONAL DISTANCE
PER R1
167.06'=-.

N 00-05'37" W
295.17'
N 89'35'24" W (R)_.,.-
31'
~err~,
! I
~!
I
~i
'i
'I, N fr'.
! i ~
-

LINE DATA
NO. BEARING LENGTH
L1 N 89'45'30" W 141:45'
L2 N 00-34'40" E 113.74'
L3 N 00·05'37" E 7.98'
w
30'
I]]
[I]
[ill
[]]
O' 80' 160' 240' 320'
I
3&:M (L4) N 89"37'19" W 50.00' R W
SCALE 1 "=80'
E. VISTA CHINO
194.43' (PUBLIC STREET)
NO.

C1
C2
C3
N 89'49 46 W 844.84
(844.74') R1

CURVE DATA

DELTA RADIUS
18"32'32" 358.60'
19'58'19" 358.60'
90'12'27" 20.00'
(N SS-49'47" W 1323.15') R1&R2
N 89'49'46" W 1323.75' (R3&M)
LENGTH
116.05'
125 .. 00'
3 l.49'
0 LO
II]
[[l
SHEET 3 OF 3 SHEETS

SURVEYOR'S NOTES

THE BASIS OF BEARINGS FOR THIS MAP IS THE CENTERLINE OF NORTH INDIAN CANYON DRIVE SHOWN ON TRACT MAP NO. 37210 ON FILE IN BOOK 460, PAGES 84 THROUGH 88, INCLUSIVE, OF MAPS
TAKEN AS: N 0-22' 41" E
e INDICATES FOUND MONUMENT AS NOTED
0 INDICATES SET 1" I.P. "PLS 822.3", FLUSH, UNLESS NOTED

OTHERWISE
(-) INDICATES RECORD DATA
R1 INDICATES RECORD DATA PER PARCEL MAP NO. 9475, P.M.B . 45/78 AND PMW FOR PM 37327 REC. 6/14/17 AS DOC.
2017-0237326, O.R.

R2 INDICATES RECORD DATA PER TRACT MAP NO. 10754, M.8. 96/54-55 R3 INDICATES RECORD AND MEASURED DATA PER TRACT MAP NO. 37210, M.B. 460/86-89
i INDICATES CENTERLINE
(R) INDICATES RADIAL BEARING
TOTAL GROSS ARE,\ = 16.210 ACRES
RESIDENTIAL/NUMBERED LOTS - 1 LOT

MONUMENT NOTES
FD. COPPERWELD STAMPED LS 2567 ON. 0.8' IN MONUMENT WELL PER R3, ACCEPTED AS THE SW COR. OF THE SW 1/4, Of THE SW 1/4 OF SEC. 2 FD. 3/4" I.P. W/PLASTIC PLUG STAMPED LS 6500 DN. 0.7' PER R3 AND "CR11-0797", ACCEPTED AS THE NW COR. Of THE SW 1/4 OF THE SW 1/4 OF SEC. 2
FD. 3/4" I.P. W/PLASTIC PLUG STAMPED LS 6500 ON. 0.8' PER R1 AND R3, ACCEPTED AS THE NE COR. OF THE SW 1 / 4 OF THE SW 1 / 4 OF SEC. 2 FD. 1" I.P. W/ ILLEGIBLE NAIL AND TAG ON. 0.8', PER Rl, R2, AND R3, ACCEPTED AT THE SE COR. OF THE SW 1/4 OF THE SW 1/4 OF SEC. 2 FD. ILLEGIBLE NAIL AND TAG FLUSH IN 6" DIA. CONC. POST NO REFERENCE IN LIEU OF REDWOOD STAKE AND TAG LS 4152 PER R2, ACCEPTED AS THE SE COR.

OF PAR. 1 OF P.M.B. 45/78
FD. ILLEGIBLE NAIL AND TAG FLUSH IN 6" DIA. CONC. POST IN LIEU OF REDWOOD STAKE AND TAG LS 4152 PER R2, ACCEPTED AS B.C. OF CURVE ON E'LY LINE OF PAR. 1 OF R1
FD. ILLEGIBLE NAIL AND TAG FLUSH IN 6" DIA. CONC. POST iN LIEU OF REDWOOD STAKE AND TAG LS 4152 PER R2, ACCEPTED AS E.C. OF CURVE ON E'LY LINE OF PAR. 1 OF R1
FD. ILLEGIBLE NAIL AND TAG FLUSH IN 6" DIA. CONC. POST IN LIEU OF REDWOOD STAKE AND TAG LS 4152 PER R2, ACCEPTED AS THE NE COR. OF PAR. 1 OF R 1 FD. ILLEGIBLE NAIL AND TAG FLUSH IN 6" DIA CONC. POST IN LIEU OF REDWOOD STAKE AND TAG LS 4152 PER R2, ACCEPTED AS THE MOST N'LY COR. OF PAR. 1 OF R1
FD. 1" 1.P. W/ PLASTIC PLUG STAMPED LS 6500, ON. 0.9' PER R3, ACCEPTED AS SECOR. OF LOT 1 OF R3
FD. 1" 1.P. W/ PLASTIC PLUG STAMPED LS 6500, DN. 0.9' PER R3, ACCEPTED AS LOT COR. OF LOT 1 Of R3 AND PAR. 1 Of R1
FD. 3/4" I.P. W/ ILLEGIBLE NAll AND TAG, FLUSH, PER R1 AND R3, ACCEPTED AS LOT CORNER OF LOT 1 OF R3 AND PAR. 1 OF R1
FD. 1" I.P. W/ PLASTIC PLUG STAMPED LS 6500, FLUSH, PER R3, ACCEPTED AS SW COR. OF LOT 1 OF R3 AND NW COR. OF PAR. 1 OF R1
FD. ILLEGIBLE NAIL AND TAG FLUSH IN 6" DIA. CONC. POST IN LIEU OF REDWOOD STAKE AND TAG LS 4152 PER R3, ACCEPTED AS LOT CORNER OF LOT 1 OF R3 J. N. 2507

Attachment C
Item 1K - Page 11
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
37726, FOR PROPERTY LOCATED AT 1 600 NORTH
INDIAN CANYON DRIVE , IN SECTION 2, TOWNSHIP 4
SOUTH, RANGE 4 EAST.

WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of October 10, 2019, recommended approval of Tentative Tract Map 377 26, subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the “City”), at its meeting of November 6, 2019, approved Tentative Tract Map 377 26 subject to conditions; and
WHEREAS, AGRE DCP Palm Springs , LLC , a Delaware Limited Liability Company, (hereinafter the “Subdivider”), has filed with the City a final map for Tentative Tract Map 37726, identified as Tract Map 37726, in accordance with Section 66458 of the California Government Code; and

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

SECTION 1.

Tract Map 3 7726 is in substantial conformance with the approved Tentative Tract Map 37726.

SE
CTION 2. Tract Map 37726 is in conformance with the General Plan SE
CTION 3. Tract Map 3 7726 conforms to all requirements of the Subdivision Map Act of the State of California.

SE
CTION 4. Tract Map 37726 is hereby approved for purposes therein defined.

ADO
PTED THIS 11TH DAY OF JANUARY, 2024.

SC OTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1K - Page 12
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 January 11, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1K - Page 13

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 23P395 WITH JNS

NEXT CREATIVE & MEDIA HUB FOR ON -CALL COMMUNICATIONS,

MARKETING, AND SOCIAL MEDIA SERVICES

FROM: Scott C. Stiles, City Manager

BY: Communications Department

SUMMARY:

This action will award a contract services agreement with local communications and marketing experts JNS Next Creative & Media Hub for On- Call Communications, Marketing, and Social Media Services in an amount not to exceed $350,000.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 23P395 (Attachment A) with JNS Next Creative & Media Hub to provide on- call communications, marketing, and social media services in an amount not to exceed $350,000 for a three- year term with two one-year extension options at the City’s sole discretion, beginning January 15, 2024, through January 14, 2027; and

1. 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 28, 2023, JNS Next Creative & Media Hub is registered in the State of California.

BACKGROUND:

With most residents and stakeholders relying on communications and digital platforms to obtain information about the operations and policies of Palm Springs local government, City initiatives and special events, it is important for the City of Palm Springs to have professional on- call communications, marketing, graphic design and video content production services. This contract will supplement the City’s Communications team in the Item 1L - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
Award On-Call Communications Marketing and Social Media Services

planning and execution of high- quality strategic communications and public affairs content and messaging through a variety of online channels and marketing tactics.

The City previously entered into two contract service agreements with Westbound Communications Inc., and JNS Next Creative & Media Hub for on- call communications services, which expire January 9, 2024, and were previously awarded for a combined annual amount of $105,000.

STAFF ANALYSIS:

The contract with JNS Next Creative & Media Hub is an on-call, as-needed type contract.

The cost proposal form was used 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 cost proposal amounts.

The Communications Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Fourteen proposals were received by the deadline of November 28, 2023, as follows:

• BC Design Haus, Inc., Pasadena, CA
• DuckPunk Productions, Inc., Los Angeles, CA
• Hounder, Redlands, CA
• JayRay Ads & PR, Inc., Tacoma, WA
• JNS Next Creative & Media Hub, La Quinta, CA
• JPW Communications, Inc., Carlsbad, CA
• Kleinfelder Construction Services, Inc., Riverside, CA • KO Communications, LLC, Plano, TX
• Mind & Mill, Riverside, CA
• Octagon Media, Baton Rouge, LA
• Pastilla, Inc., Pasadena, CA
• Red Bear Films, Inc., Encino, CA
• Strategies 360, Inc., Seattle, WA
• WeUsThem, Nova Scotia, Canada

The evaluation team made up of City staff from the Communications department, Parks & Recreation, and the Office of Neighborhoods evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, and price.

The top ranked firms were then interviewed as follows:

• JNS Next Creative & Media Hub, La Quinta and Palm Springs, CA Item 1L - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
Award On-Call Communications Marketing and Social Media Services

• JPW Communications, Inc., Carlsbad, CA
• Mind & Mill, Riverside, CA
• Octagon Media, Baton Rouge, LA

Upon completion of the interviews and combining the proposal, price and interview scores, JNS Next Creative & Media Hub was ranked the highest by the evaluation team and is being recommended for award of the contract in an amount not to exceed $350,000 over the initial three-year term.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. 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 principles of forward-thinking governance.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in the Fiscal Year 23- 24 account 1001050- 40105.

REVIEWED BY:

Chief Communications Officer: Amy Blaisdell
Director of Procurement and Contracting: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 23P395
B. Public Integrity Disclosure Form

Item 1L - Page 3

ATTACHMENT A

Item 1L - Page 4

CONTRACT SERVICES AGREEMENT 23P395

ON-CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA

SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 15, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and JNS Media Specialists, Inc. dba JNS Next Creative & Media Hub, a California corporation , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide on -call communications, marketing, and social media services, (“Project”).

B. Contractor has submitted to City a proposal to provid e on-call communications, marketing, and social media services, 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.

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 Item 1L - Page 5

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 $350,000.00.

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.

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 Item 1L - Page 6

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 15, 2024, and ending on January 14, 2027, 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 terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Garry Sage, President/CEO. 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 f or 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 Item 1L - Page 7

employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode , or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role ; however, City shall have the right to review Contractor’s work product, result, and advice . Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Garry Sage CEO/President
David Wells Senior Vice President of Marketing
Jeff Miraglia Executive Creative Director
Judy Sage CFO and Vice President
Risseth Lora Senior Account Manager
Jenna Conrad Marketing Manager
Katelyn Green Director of Media
Tim O’Bayley Marketing & PR Contractor

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, Item 1L - Page 8

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 Sectio ns 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 subcon tractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses incl uding 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 negligent 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 Contract or’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 Item 1L - Page 9

misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

7.3 Neither party will be liable to the other party for any special , incidental, indirect or exemplary, punitive, penal or consequential damages however arising incurred.

7.4 The maximum aggregate liability of Contractor arising out of or related to this Agreement and all work orders and amendments thereto, whether based in contract or tort or otherwise in law or equity, will be limited to the sum total of the comp ensation actually paid to Contractor for the Services under all work orders.

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 pertainin g 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, cop y, audit, and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City . Contractor shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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, c opy, 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 docu ments 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 Item 1L - Page 10

California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing . No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies 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.

Item 1L - Page 11

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

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, CA 92262
To Contractor: JNS Media Specialists, Inc. dba JNS Next Creative & Media Hub Attention: Garry Sage
78080 Calle Estado, Ste. 201
La Quinta, CA 92253

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 unenfo rceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or s ections 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.

Item 1L - Page 12

11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require an y subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[SIGNATURES ON NEXT PAGE]

Item 1L - Page 13

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND JNS MEDIA SPECIALISTS, INC. DBA JNS NEXT CREATIVE & MEDIA HUB

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _________________ Item No. _________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1L - Page 14

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1L - Page 15

1.1 Background:

The City of Palm Springs, with a full-time population of 48,000, is a world-famous resort destination in Southern California’s Coachella Valley – and home to one of the most progressive City Council’s in California.

More than ever, with the majority of residents and stakeholders relying on communications and digital platforms to get information about the operations and policy of Palm Springs local government, City initiatives and special events, marketing, it is important for the City of Palm Springs to have professional on -call communications, marketing, graphic design and video content production services. This contract will supplement the City’s Communications team in the planning and execution of high-quality strategic communications and public affairs content and messaging through a variety of online channels and marketing tactics.

1.2 Scope:

The Contractor will provide a full range of communications, marketing services that include, but are limited to, the following:

The Contractor will provide a full range of communications, marketing services that include, but are not limited to, the following:

1. Communications – Proposer will assist City’s Communications team engage the Palm Springs community by assisting with the development of communications and public affairs planning, messaging, and strategy to highlight important City policies, initiatives and city events t hrough the development of mailers, surveys, videos and other communications and marketing tools as needed.

2. Social Media and Video Content Support – Proposer will provide support for the City’s current social media platforms, including Facebook, Twitter, Instagram, YouTube and the Palm Springs public access television station.
a. Social Media Tasks include:
b. Strategic social media plan
c. Development of a content calendar
d. Creation and execution of social media content for all platforms (writing, graphic design, animation, video production and research services) e. Dashboard metrics analysis and reporting
f. Ongoing engagement

3. Paid and Organic Digital Marketing Services – Proposer will support City programs and initiatives by producing marketing plans, strategies and video and graphic design content as needed.
a. Digital Marketing Services Tasks include:
b. Organic and paid digital strategy development
c. Media planning and buying
d. Targeting and audience development
e. Creating dashboards, analyzing metrics and optimization recommendations Item 1L - Page 16

f. Production of video and graphic design content to support digital marketing campaigns
g. Monthly budget and results reports
Marketing Services Tasks include:
a. Design print and digital ads as well as other collateral materials b. Create power points and content to support ongoing campaigns c. Copywriting and content development to be used across various platforms

4. As-Needed External Affairs Support Services – Proposer will be available to provide a variety of support services for City initiatives.
a. External Affairs Support Tasks Include
b. Market research and public opinion polling and surveys c. Photographic and video production services
d. Graphic design services

1.3 Compensation:

Work will be compensated on an hourly rate basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1L - Page 17

Item 1L - Page 18
ATTACHMENT "G"
COST PROPOSAL -Addendum 1
REQUEST FOR PROPOSAL (RFP 46-23)

COMMUNICATIONS, MARKETING AND SOCIAL MEDIA SERVICES (ON CALL)

THIS FORM MUST BE COMPLETED ANO SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", !tQ!.wlth Electnln ic FIie #1, Technical/Work Proposal"} ITEM DESCRIPTION EST Unit of Rate TOTAL
1 HOURS Measure
Various Tasks as 1,500 HOURS $100 $150,000 outlinad in the Scope of Work blende d
JNS Med ,a Spec,allsts, Inc., d/b/a JNS N ext Creative & Media Hub Certified by: ______________ ______ _ Firm Name:JNS Next Creat ive & Med ia Hub
Signature of Authorized Person:_ A; ~ -------­
Printed Nam,: Garry Sage
------------- -------
Presiden t/C EO
Tttle: ______________________ _
Date: __ 1_1_12_?_12_0_2_3 _______________ _

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1L - Page 19

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 requir ed 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 i ts respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage Item 1L - Page 20

with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

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

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

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 Item 1L - Page 21

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, cla im administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1L - Page 22

EXHIBIT “C”

Item 1L - Page 23
ATTAC HMENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 46-23)

COMMUNICATIONS, MARKET ING AND SOCIAL MEDIA SERVICES (ON CALL) Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with S tate of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature __ ~---+--k _ _,,_ _____ _
Printed Name:_ G_ a_rr_y_S_a_g_e ________ _
Title: CEO/Owner
-----------------
F. N JNS Next Media Spec ialists Irm ame: ______________ _ 11/27/2023 Date:. ________________ _

ATTACHMENT B

Item 1L - Page 24

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 I
f 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
__________________________
________________________________  O
fficer  Director  Member  Manager
JNS Media Specialists, Inc., d/b/a JNS Next Creative & Media Hub 78080 Calle Estado, Suite 201, La Quinta CA 92253
La Quinta, CA 92253
X
Garry Sage - President/CEO
Judy Sage - Vice President/CFO
David Wells - SVP of Marketing
X
X
X
Item 1L - Page 25

[name]  General Partner  Limited Partner
 Other
__________________________

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

11/27/2023
Garry Sage - President/CEO 50%
Judy Sage - Vice President/CFO 50%
Item 1L - Page 26

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF INSTALLATION OF THE PALM CANYON DRIVE

PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS , CITY
PROJECT 17-07

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Formal City Council acceptance of the subject project is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements , City Project No. 17- 07, as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07.

BUSINESS PRINCIPAL DISCLOSURE:

Not Applicable.

BACKGROUND:

On July 28, 2022, the City Council awarded a construction contract in the amount of $3,807,125.26 to Alfaro Communications Construction, Inc., (ACCI) for the installation of the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements , City Project No. 17-07. Once the contract and purchase order were final, submittals were sent and reviewed, long lead items ordered, and construction schedule finalized.

Item 1M - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
Acceptance of Palm Canyon Safety Enhancements, CP 17-07

STAFF ANALYSIS:

Construction of the Project began November 14, 2022 , and was determined to be substantially complete on November 30, 2023. Staff recommends that City Council accept the completed Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements , City Project No. 17-07, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A, Improve City Facilities – Prioritize deferred maintenance.

FISCAL IMPACT:

There was one (1) change order in the amount of $150,721.51 related to additional safety improvements needed to complete this Project. Additionally, there was a Project credit of $23,239.13 due to a reduction in select line-item quantities. Sufficient funds are available in the project funding accounts to address this final balancing change order. The final construction cost is $3,934,607.64, which represents a 3.35% increase from the original contract price.

The final balancing change order is included as Attachment B . The City is holding retention funds in the amount of $ 189,986.05 for ACCI pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office.

REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Notice of Completion
B. Final Balancing Change Order
Item 1M - Page 2

Attachment A
Item 1M - Page 3

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy , etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
 Completion of the work of improvement as a whole.
 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herei n described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of _______________________ _ State of California, and is described as follows:

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:

___________________________________________________________________________________________________________ I certify (or declare) under pe nalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Recording Requested By:

When Recorded Mail To:

Item 1M - Page 4

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.)
of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I dec
lare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date ), at _______________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
Joel Montalvo/City Engineer
City of Palm Springs

PROOF OF SERVICE DECLARATION
a.
b.
c. 
_____________________________________________________________ (Signature of Person Making Service)

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item 1M - Page 5
Attachment B
Item 1M - Page 6

CITY OF PALM SPRINGS ‐ CONTRACT CHANGE ORDER No. 01
CP 17‐07 PALM CANYON PEDESTRIAN SAFETY PROJECT

Contractor:  Alfaro Communications Construction, Inc.                              Date: December 21, 2023

CONTRACT CHANGE ORDER SUMMARY
This lump sum Contract Change Order No. 1 is to address additional work items and set forth the final balancing quantity adjustments as shown in the tables below.

CONTRACT CHANGE ORDER COST
ID  Description  Qty  Unit   Cost
01 Extra  work  for  potholing  not  shown  on  plans,  additional  hardscape  during ramp  &  pole  foundation  installation,  conduit  runs,  wire  installation,  EVPs, additional striping requested by City
1  LS  $154,111.49
02  Credit ‐ ADA Grates  1  LS  ($3,389.98)
Total Lump Sum Change Order Amount: $150,721.51

QUANTITY ADJUSTMENTS FOR SELECT LINE ITEMS

ID                                                         Description  Qty  Unit Cost 1  Various bid line‐item quantity adjustments  1  LS ($23,239.13)

CHANGES TO CONTRACT TIME:
109 working days were added to the contract time due to various material delays and adverse weather days.

Summary of Costs:

Original Contract Amount:  $3,807,125.26  Construction Start Date:  11/14/2023 This Change Order Amount:  $150,721.51  Previous Agreed Completion Date:  06/26/2023 Credit from Adjusted Quantities:  ($23,239.13)  Working Days Added:  109 Revised Contract Amount:  $3,934,607.64  Revised Completion:  11/30/2023

I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.

Alfaro Communications
Construction, Inc.

Jamal Aldoaifi, PM/Senior Estimator   Date

City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer   Date
Approved By:

Scott Stiles, City Manager   Date

Attest By:

Brenda Pree, City Clerk   Date

Item 1M - Page 7

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (AGREEMENT A6594), IN THE AMOUNT OF $39,249.56

FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT AT
TAHQUITZ CREEK CHANNEL , CITY PROJECT NO. 12 -02, FEDERAL AID PROJECT NO. BRLS-5282 (042)

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of Amendment No. 6 to Professional Services Agreement No. 6597 with CNS Engineering, Inc. (CNS) is requested for the additional time needed to update and finalize construction documents per the 2023 Caltrans Standard Plan for the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12- 02, Federal Aid Project No. BRLS-5282(042), (the “Project”).

RECOMMENDATION:

1. Approve Amendment No. 6, in the amount of $39,249.56, to Professional Services Agreement No. 6594, for a new not -to-exceed amount of $1 ,306,899.01 with CNS Engineers, the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042); and

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of CNS Public Integrity Disclosure Form is included as Attachment A.

BACKGROUND:

The existing South Palm Canyon Drive Bridge (State Bridge No. 56C0408) spanning the Tahquitz Creek Channel was originally constructed in 1930. The structure was further widened in 1956. The bridge is a reinforced concrete earth-filled spandrel arch structure.

Item 1N - Page 1
City Council Staff Report
January 11, 2024 – Page 2
Professional Services Agreement No. 6594

In 2009, the City received a Bridge Inspection Report that showed a low Sufficiency Rating (SR) of 37.1 with a status flag of "Structurally Deficient.” However, this "Structurally Deficient" classification does not imply that the bridge itself is not safe; the State has confirmed the bridge is structurally sound and can support vehicle loads. The Structurally Deficient classification indicates that structural redundancies are either inadequate or deficient. Under t his classification, the rehabilitation or replacement of the bridge is eligible for federal funding.

Agreement A6594 was previously amended five times to incorporate additional services related to the P roject, with the last amendment (No.5) approved by City Council on September 29, 2022, for additional engineering design services required for the redesign of the south approach to the bridge in the amount of $7,508.53.

STAFF ANALYSIS:

Staff recommends the City Council approve additional civil engineering services from CNS to update the construction documents to the most recent Caltrans Standards (2023), as outlined in their proposal dated October 18, 2023, in the amount of $39,249.56. The additional funding is necessary to update the construction documents to the 2023 Caltrans Standards Plan requirements. CNS Amendment No. 6 is included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On April 5, 2017, the City Council adopted Resolution No. 24201, approving and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on April 7, 2017, Staff filed a Notice of Determination with the Riverside County Clerk and State Clearinghouse.

The Project is funded, in part, by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On May 3, 2017, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environm ental Assessment (“EA”) or Environmental Impact Statement (“EIS”), and that the Project qualifies for a Categorical Exclusion (CE) in accordance with 23 USC 326.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 2 B, 5- Item 1N - Page 2
City Council Staff Report
January 11, 2024 – Page 3
Professional Services Agreement No. 6594

Year Capital Improvement Plan, and identifying high priority facilities.

FISCAL IMPACT:

The proposed Amendment No. 6 will add $39,249.56 for a new total maximum contract amount of $1, 306,899.01. Sufficient funding is available to approve Amendment No. 6 from the following accounts:

• Capital Project Fund (261); $34,747.64 (88.53% State and Fed share) • Regional Measure A Fund (134); $3,376.44 (75% of 11.47% CVAG share) • Local Measure A Fund (134); $ 1,125.48 (25% of 11.47% City share)

REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure – CNS Engineering
B. Amendment No. 6

Item 1N - Page 3

Attachment A
Item 1N - Page 4
CITYOFPALMSPRINGS–PUBLICINTEGRITYDISCLOSURE
APPLICANTDISCLOSUREFORM
Page1of2
(Revised0ϵϭϯ18) 

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entit y

2. Address of Entit y (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entit y is Registered with Secretary of State If other than California, is the Entity also registered in California? F Yes F No

5. T ype of Entity
F Corporation F Limited Liability Company F Partnership F Trust F Other (please specify)

6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) 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 _________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
CNS Engineers, Inc.
11870 Pierce Street, Suite 265, Riverside, CA 92505
California
X
Jong-Jiann (James) Lu XX
Hui-Min (Lily) Huang XX
Item 1N - Page 5
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Jong-Jiann (James) Lu 100%, CNS Engineers, Inc.

Jong-Jiann (James) Lu, President
1-9-2019
Item 1N - Page 6
Attachment B
Item 1N - Page 7

Revised: 2.9.22

AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT NO. 6594 BETWEEN THE CITY OF PALM SPRINGS AND CNS ENGINEERING, INC.

1. PARTIES AND DATE.

This Amendment No. 6 to Professional Services Agreement No. A6594 is made and entered into as of this ________ day of                              , 2024, by and between the City of Palm Springs (“City”) and CNS Engineering Inc., a California corporation,  with its principal place  of  business at 11870 Pierce  Street, Suite  265, Riverside, CA 92505  (“Consultant”).

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1  Agreement.  The  City  and  Consultant  have  entered  into  an  agreement  entitled  “South  Palm  Canyon  Bridge Replacement  at  Tahquitz  Creek  Channel,  City  Project  No.  12‐02,  Federal  Aid  Project  No.  BRLS‐5282(042)”  dated September  29,  2014  (“Agreement”  or  “Contract”)  for  the  purpose  of  retaining  the  services  of  Consultant  to  provide professional engineering and consulting services, for South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12‐02 (“Project”).

2.2 Amendment. The City and Consultant desire to amend the Agreement to update the construction documents to the most recent Caltrans Standards (2023) before going out to bid.

2.3  Amendment  Authority.  This  Amendment  No.  6  is  authorized  pursuant  to  Section  1.8  Additional  Services  of  the Agreement.

3. TERMS.

3.1 Scope of Services Section 1.1 of the Agreement is hereby amended to read as follows:
 The  additional  services  identified  in  the  Consultant’s  letter  dated  October  18,  2023,  included  herewith  as Attachment 1, are hereby incorporated into Exhibit “A” of the Agreement.

3.2 Maximum Contract Amount Section 2.1 of the Agreement is hereby amended to read as follows:
 The  total  amount  of  compensation  is  increased  by  $39,249.56  for  a  new  total  not  to  exceed  amount  of $1,306,899.01 ("Maximum Contract Amount").

3.3  Continuing  Effect  of  Agreement.  Except  as  amended  by  this  Amendment  No.  6,  all  other  provisions  of  the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 6.  From and after the date of this Amendment No. 6, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 6.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and  independent  consideration  for  the  performance  of  the  obligations  they  have  undertaken  pursuant  to  this Amendment No. 6.

3.5  Severability.  If  any  portion  of  this  Amendment  No.  6  is  declared  invalid,  illegal,  or  otherwise  unenforceable  by  a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6  Counterparts.  This  Amendment  No.  6  may  be  executed  in  duplicate  originals,  each  of  which  is  deemed  to  be  an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]
Item 1N - Page 8

Revised: 2.9.22

SIGNATURE PAGE TO AMENDMENT NO. 6 BY AND BETWEEN THE CITY OF PALM SPRINGS AND CNS ENGINEERING INC.

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

CONTRACTOR:

By: _______________________________________  By: _________________________________________ Signature        Signature
(2nd signature required for Corporations)

Date:     Date:

APPROVED AS TO FORM:       ATTEST:

By: ___________________________     By: _______________________________ City Attorney         City  Clerk

APPROVED:

By: _______________________________     Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1N - Page 9

Civil and Structural Engineers

CNS Engineers, Inc. 11870 Pierce Street, Suite 265, Riverside, CA 92505 Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com

October 18, 2023
Mr. Joel Montalvo, MPA, PE
City Engineer, Engineering Services Department
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Subject: Request for Contract Amendment No. 6
South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel City Project No. 12-02, Federal-Aid Project No. BRLS-5282(042)

Dear Joel:

CNS Team requests additional compensation to reflect extra work as follows:

 Implementation of the 2023 Caltrans Construction Contract Standards

Design History: The design of the project was completed in 2021 while right of way acquisition and utility relocation were being coordinated. The 100% Plans, Specifications and Estimates (PS&E) (i.e., the contract bid document) was submitted to the city on 4/17/2023 to support the request for construction authorization from Caltrans. The project design was based on Caltrans 2018 Construction Contract Standards. Although the Caltrans 2022 Standards were published on August 1, 2022, the 2018 Standards can be continuously used for federally funded projects receiving construction authorization before May 1, 2023, in accordance with a notice issued by Caltrans Local Assistance on November 9, 2022. The Design Team was directed by the city to keep the design of using the 2018 Standards since the construction is expected to be authorized by May 1, 2023.

Caltrans periodically (usually every three to four years) updates the construction contract standards. On April 21, 2023, Caltrans issued a memorandum stating that the 2022 Standards will be no longer supported after July 21, 2023, and the new 2023 Standards will be published on July 24, 2023. Caltrans Local Assistance subsequently directed the city to implement the 2023 Standards for the Bridge Project on September 19, 2023, since the construction of the Project has not been authorized.

Required Design Modifications: The Caltrans 2023 Construction Contract Standards include Standard Specifications, Standard Special Provisions, and Standard Plans. The Standard Plans implement new design criteria involving the Eight Edition of AASHTO LRFD Bridge Design Specifications, California Amendments with 2022 Errata, and Seismic Design Criteria (SDC) Version 2.0.

The Design Team will update the project plans, technical special specifications, quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards. The design modification will involve project elements that reference the Caltrans standards, which include the bridge, retaining walls, and traffic signals. The geotechnical foundation report per SDC 2.0 shall be updated accordingly.

Item 1N - Page 10
Mr. Joel Montalvo, MPA, PE

October 18, 2023
Additionally, new private residential developments have been constructed on the south side of the bridge recently. The developments reconstructed the existing sidewalks and roadway curbs on the South Palm Canyon Drive. As such, a supplemental survey will be needed to locate and verify the new roadway features for consistency and compatibility with the bridge project. The changes will be shown as an as-built condition on the bridge project plans.

We request budget adjustment among tasks as shown in the following table:

Task Current Contract
Amount
Proposed
Amendment
Amended
Contract Amount
Phase 2 - Civil Engineering Design (Plans, Specifications and Estimates - PS&E) Task 2.8, Final 100% Design PS&E
and Contract Bid Documents $57,402.18 $36,449.56 $93,851.74 Other Direct Cost (ODC) $26,900.00 $2,800.00 $29,700.00 Subtotal $39,249.56
Current Contract Amount (includes previous approved amendments):

Phases 1 & 2 (PA&ED and PS&E): $1,121,705.17
Optional Tasks Including Bidding & Design
Construction Supports: $ 145,944.28
Total: $1,267,649.45
Proposed Amendment No.5 (this request):

Phases 1 & 2 (PA&ED and PS&E): $ 39,249.56
Optional Tasks Including Bidding & Design
Construction Supports: $ 0.00
Total: $ 39,249.56
Amended Contract Amount:

Phases 1 & 2 (PA&ED and PS&E): $1,160,954.73
Optional Tasks Including Bidding & Design
Construction Supports: $ 145,944.28
Total: $1,306,899.01

We look forward to approval of th is cost proposal and continue to deliver the final design and right-of-way phases of the project. Should you have any questions about this proposal, please feel free to contact me at (951) 687-1005 ext.104 or by e-mail at [email protected].

Sincerely,

James Lu, P.E., S.E.

Project Manager / Principal
CNS Engineers, Inc.

Attachments:

1. Cost Proposal Work Sheets

2. Scope of Work with extra work shown in blue
Item 1N - Page 11
Task No. Task Description Current Contract
Cost
Proposed
Amended Cost Change in Cost
Task 1

1.1 Project Administration and Project Controls $44,766.51 $44,766.51 -$

1.2 Meetings and Coordination $44,127.35 $44,127.35 -$

1.3 Quality Assurance and Quality Control $15,438.89 $15,438.89 -$ Task 2

2.1 Research and Data Gathering $11,437.53 $11,437.53 -$

2.2 Surveys and Aerial Topographic Mapping $26,510.03 $26,510.03 -$

2.3 Right-of-Way Research and Base Mapping $30,532.03 $30,532.03 -$

2.4 Utility Research and Mapping $7,358.78 $7,358.78 -$ Task 3

3.1 Roadway Geometric Approval Drawings $20,733.80 $20,733.80 -$

3.2 Preliminary Geotechnical Investigations $8,407.48 $8,407.48 -$

3.3 Floodplain and Bridge Hydraulics Study $25,074.52 $25,074.52 -$

3.4 Roadway Drainage Study $9,429.07 $9,429.07 -$

3.5 Preliminary Right-of-Way Cost Estimates $7,508.55 $7,508.55 -$

3.6 Bridge Type Selection Study $44,981.88 $44,981.88 -$

3.7 Supplemental Engineering and Environmental Studies $61,749.17 $61,749.17 -$

3.8 Bridge Aesthetics Study and Visual Simulations $56,988.10 $56,988.10 -$ Task 4

4.1 Preliminary Environmental Study (PES) $12,643.09 $12,643.09 -$

4.2 Traffic Study $20,294.86 $20,294.86 -$

4.3 Phase I Initial Site A ssessment $16,279.96 $16,279.96 -$

4.4 Water Quality Assessment Report (WQAR) $14,983.77 $14,983.77 -$

4.5 Location Hydraulic Study and Summary Floodplain
Encroachment Report $6,803.86 $6,803.86 -$

4.6 Biological Study (Natural Environmental Study) $22,688.69 $22,688.69 -$

4.7 Wetlands Delineation and Assessment $7,648.85 $7,648.85 -$

4.8 Section 4(f) De Minimis $3,456.68 $3,456.68 -$

4.9 Visual Resources Technical Memorandum $9,621.61 $9,621.61 -$

4.10 Cultural Resources Study (ASR/HPSR/APE) $17,340.26 $17,340.26 -$

4.11 Air Quality Study (CEQA Purpose) $8,169.08 $8,169.08 -$

4.12 Draft Environmental Document (CEQA IS/MND) $13,593.89 $13,593.89 -$

4.13 Circulate Draft Environmental Document and Respond Comments
(CEQA) $4,956.34 $4,956.34 -$

4.14 Final Environmental Document (CEQA IS/MND) $5,948.71 $5,948.71 -$

4.15 File Notice of Determination (CEQA) $11,487.17 $11,487.17 -$ Task 1

1.1 Utility Potholing $22,218.46 $22,218.46 -$

1.2 Geotechnical Design Reports $11,645.11 $11,645.11 -$

1.3 Storm Water Pollution Prevention Plan (SWPPP) $7,610.80 $7,610.80 -$

1.4 Utility Relocation Coordi nation $9,865.05 $9,865.05 -$ Phase 1 - Environmental Document and Technical Studies
10/18/2023

CITY OF PALM SPRINGS
Amendment Request No. 6
Federal Project No. BRLS 5282(042), City Project No. 12-02 Professional Engineering Design Services for the South Palm Canyon Drive Bridge at Tahquitz Creek Channel Summary of Task Costs
Final Design Reports and Studies
Project Management
Planning and Project Development
Preliminary/Concept Plans
Environmental Approval
Phase 2 - Civil Engineering Design (Plans, Specifications and Estimates - PS&E) Item 1N - Page 12
Task No. Task Description Current Contract
Cost
Proposed
Amended Cost Change in Cost
Professional Engineering Design Services for the South Palm Canyon Drive Bridge at Tahquitz Creek Channel Summary of Task Costs
Task 2

2.1 65% Roadway Plans $102,101.66 $102 ,101.66 -$

2.2 65% Traffic Control Plans $16 ,556.43 $16 ,556.43 -$

2.3 65% Sign/Striping/Signal Modification Plans $25,021.38 $25,021.38 -$

2.4 95% Civil Roadway PS&E $52,069.28 $52,069.28 -$

2.5 Unchecked Structure Plans $97,389.69 $97,389.69 -$

2.6 Bridge Design Independent Check $30,385.00 $30,385.00 -$

2.7 95% Structure PS&E $23,004.53 $23,004.53 -$

2.8 Final 100% Design PS&E and Contract Bid Documents $57,402.18 $93,851.74 36,449.56$ Task 3

3.1 ACOE Section 404 Nationwide Permit $19,117.04 $19,117.04 -$

3.2 RWQCB Section 401 Water Quality Certification $5,857.24 $5,857.24 -$

3.3 CDFW 1602 Streambed Alteration Agreement $9,435.89 $9,435.89 -$

3.4 HMMP (1602) & NEPA Revalidation $14,164.92 $14,164.92 -$ Other Direct Cost (ODC) $26,900.00 $29,700.00 2,800.00$ Total Phase 1 and Phase 2 Contract Amount $1,121,705.17 $1,160,954.73 39,249.56$ Task 4

4.1 Supplemental Engineering and Environmental Studies

4.2 Bridge Aesthetics Study and Visual Simulations

4.3 Right-of-Way Legal Descriptions and Plats (Authorized) $21,885.62 $21,885.62 -$

4.4 Right-of-Way Appraisal and Acquisition (Authorized) $84,674.40 $84,674.40 -$

4.5 Pre-Bid Meeting $701.43 $701.43 -$

4.6 Bidding Interpretations $3,498.17 $3,498.17 -$

4.7 Bid Review and Analysis $1,280.82 $1,280.82 -$

4.8 Respond RFI's, Review Shop Drawings and Submittals $18,743.88 $18,743.88 -$

4.9 Prepare Design Addenda $8,085.71 $8,085.71 -$

4.10 Prepare As-Built Plans $7,074.25 $7,074.25 -$
Subtotal Total Labor Cost $145,944.28 $145,944.28 -$
Total Contract Cost $1,267,649.45 $1,306,899.01 39,249.56 $ Bidding Phase Supports
Design Construction Supports
Plans, Specifications and Estimates (PS&E)
Civil Roadway PS&E
Structure (Bridge and Retaining Walls) PS&E
Environmental Permitting
Optional Tasks
Replaced by Task 3.7
Replaced by Task 3.8
Item 1N - Page 13
Federal Project No. BRLS 5282(042)
Date:

DIRECT LABOR
Range Hours Total
8@ 99.00$ 792.00$
34 @ 76.00$ 2,584.00$
60 @ 40.00$ 2,400.00$
8@ 72.48$ 579.84$
8@ 35.00$ 280.00$
0@ 65.00$ -$
0@ -$ -$
0@ -$ -$
Rate Total
* %-
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) * %-
General and Administrative (G&A) * %-
Total (* Combined FB, OH and G&A) 157.33 % 10,440.17$
(Caltrans Approved OH Rate) Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % 1,707.60$
Fee (DLC+FB+IC)

OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)

1. Reproduction -$

2. Conference Calls -$

3. Transportation/Travel-Related Expense (Mileage will be IRS standard rate.) -$

4. Mailing/Overnight/Special Deliveries -$

5. Supplemental Survey 2,800.00$
21,583.61$

SUBCONTRACTOR COSTS
Terra Nova Planning & Research - $
Albert A. WEBB Associates - $
CASC Consulting -$
Southern California Soil & Testing 11,564.77 $
KOA Corporation 6,101.18 $
Overland, Pacific & Cutler - $
David Evans and Associates - $

TOTAL COST
Total Subcontractor Costs 17, 665.95$
39,249.56$

FRINGE BENEFITS
-$
10,440.17$
1,707.60$
Total Other Direct Costs 2,800.00$
Prime Consultant Cost:

Subtotal Direct Labor Costs 6,635.84$
Escalation (0%) - $
Total Direct Labor Costs (DLC) 6,635.84$
Senior Bridge Engineer
Bridge Design Engineer
Roadway Project Engineer
Roadway Designer
Project Administrator
Project Manager / Principal
Bridge Engineer Jong James Lu

CITY OF PALM SPRINGS

COST PROPOSAL
City Project No. 12-02
Project Name:

Professional Engineering Design Services for the
South Palm Can
yon Drive Bridge at Tahquitz Creek
Channel 10/18/2023
Consultant: CNS Engineers, Inc.

Hourly RateClassification Name
Item 1N - Page 14
Project Name: Professional Engineering Design Services for the South Palm Canyon Drive Bridge at Tahquitz Creek Channel Date: 10/1 8/23 Federal Project No. BRLS 5282(042)
Consultant: CNS Engineers, Inc.

Task No. Task Description
Project Manager /
Principal Bridge
Engineer
Senior Bridge
Engineer
Bridge Design
Engineer
Roadway Project
Engineer
Roadway
Designer
Project
Administrator Total Hours CNS Labor
Cost
Subconsultants
Labor Cost
Subtotal Labor
Cost
Loaded Rate $280.23 $215.13 $113.23 $205.16 $99.07 $183.99 Task 1

1.1 Project Administration and Project Controls 0- $ -$ -$

1.2 Meetings and Coordination 0- $ -$ -$

1.3 Quality Assurance and Quality Control 0- $ -$ -$ Task 2

2.1 Research and Data Gathering 0- $ -$ -$

2.2 Surveys and Aerial Topographic Mapping 0- $ -$ -$

2.3 Right-of-Way Research and Base Mapping 0- $ -$ -$

2.4 Utility Research and Mapping 0- $ -$ -$ Task 3

3.1 Roadway Geometric Approval Drawings 0- $ -$ -$

3.2 Preliminary Geotechnical Investigations 0- $ -$ -$

3.3 Floodplain and Bridge Hydraulics Study 0- $ -$ -$

3.4 Roadway Drainage Stud y 0- $ -$ -$

3.5 Preliminary Right-of-Way Cost Estimates 0- $ -$ -$

3.6 Bridge Type Selection Stud y 0- $ -$ -$

3.7 Su pplemental Engineering and Environmental Studies 0- $ -$ -$

3.8 Bridge Aesthetics Study and Visual Simulations 0- $ -$ -$ Task 4

4.1 Preliminary Environmental Study (PES) 0- $ -$ -$

4.2 Traffic Stud y 0- $ -$ -$

4.3 Phase I Initial Site Assessment 0- $ -$ -$

4.4 Water Quality Assessment Report (WQAR) 0- $ -$ -$

4.5 Location Hydraulic Study and Summary Floodplain
Encroachment Report 0- $ -$ -$

4.6 Biological Study (Natural Environmental Study) 0- $ -$ -$

4.7 Wetlands Delineation and Assessmen t 0- $ -$ -$

4.8 Section 4(f) De Minimis 0- $ -$ -$

4.9 Visual Resources Technical Memorandum 0- $ -$ -$

4.10 Cultural Resources Study (ASR/HPSR/APE) 0- $ -$ -$

4.11 Air Quality Study (CEQA Purpose) 0- $ -$ -$

4.12 Draft Environmental Document (CEQA IS/MND) 0- $ -$ -$

4.13 Circulate Draft Environmental Document and Respond Comments
(CEQA) 0- $ -$ -$

4.14 Final Environmental Document (CEQA IS/MND) 0- $ -$ -$

4.15 File Notice of Determination (CEQA) 0- $ -$ -$ 000 0 00 0 - $
Task 1
Environmental Approval
Subtotal Hours Subtotal Labor Cost
Phase II: Civil Engineering Design (Plans, Specifications and Estimates - PS&E) Final Design Reports and Studies
Preliminary/Concept Plans

CITY OF PALM SPRINGS
Cost Proposal - Man Hour Worksheet
Phase I - Environmental Document and Technical Studies
Project Management
Planning and Project Development

Item 1N - Page 15
Project Name: Professional Engineering Design Services for the South Palm Canyon Drive Bridge at Tahquitz Creek Channel Date: 10/1 8/23 Federal Project No. BRLS 5282(042)
Consultant: CNS Engineers, Inc.

Task No. Task Description
Project Manager /
Principal Bridge
Engineer
Senior Bridge
Engineer
Bridge Design
Engineer
Roadway Project
Engineer
Roadway
Designer
Project
Administrator Total Hours CNS Labor
Cost
Subconsultants
Labor Cost
Subtotal Labor
Cost
Loaded Rate $280.23 $215.13 $113.23 $205.16 $99.07 $183.99

CITY OF PALM SPRINGS
Cost Proposal - Man Hour Worksheet

1.1 Utility Potholing 0- $ -$ -$

1.2 Geotechnical Design Reports 0- $ -$ -$

1.3 Storm Water Pollution Prevention Plan (SWPPP) 0- $ -$ -$

1.4 Utility Relocation Coordination 0- $ -$ -$ Task 2

2.1 65% Roadway Plans 0- $ -$ -$

2.2 65% Traffic Control Plans 0- $ -$ -$

2.3 65% Sign/Striping/Signal Modification Plans 0- $ -$ -$

2.4 95% Civil Roadway PS&E 0- $ -$ -$

2.5 Unchecked Structure Plans 0- $ -$ -$

2.6 Bridge Design Independent Chec k 0- $ -$ -$

2.7 95% Structure PS&E 0- $ -$ -$

2.8 Final 100% Design PS&E and Contract Bid Documents 8 34 60 8 8 118 18,783.61 $ 17,665.95$ 36,449.56$ Task 3

3.1 ACOE Section 404 Nationwide Permit 0- $ -$ -$

3.2 RWQCB Section 401 Water Quality Certification 0- $ -$ -$

3.3 CDFW 1602 Streambed Alteration Agreement 0- $ -$ -$

3.4 HMMP (1602) & NEPA Revalidation 0- $ -$ -$ 8 34 60 8 8 0 118 $36,449.56
Task 4

4.1 Supplemental Engineering and Environmental
Studies 0- $ -$ -$

4.2 Bridge Aesthetics Study and Visual Simulations -$ -$

4.3 Right-of-Way Legal Descriptions and Plats 0- $ -$ -$

4.4 Right-of-Way Appraisal and Acquisition 0- $ -$ -$

4.5 Pre-Bid Meeting 0- $ -$ -$

4.6 Bidding Interpretations 0- $ -$ -$

4.7 Bid Review and Analysis 0- $ -$ -$

4.8 Res pond RFI's, Review Shop Drawings and Submittals 0- $ -$ -$

4.9 Prepare Design Addend a 0- $ -$ -$

4.1 Prepare As-Built Plans 0- $ -$ -$ 000 0 00 0 - $
8 34 60 8 8 0 118 2,800.00 $
39,249.56$ Total Cost w/ ODC
Bidding Phase Supports
Design Construction Supports
Subtotal Hours Subtotal Labor Cost
Total Hours Subtotal ODC
Optional Tasks
Plans, Specifications and Estimates (PS&E)
Civil Roadway PS&E
Structure (Bridge and Retaining Walls) PS&E
Environmental Permitting
Subtotal Hours Subtotal Labor Cost

Item 1N - Page 16
Federal Project No. BRLS 5282(042)
Date:

DIRECT LABOR
Range Hours Total
-$
8@ 88.94$ 711.52$
6@ 61.90$ 371.40$
40 @ 57.69$ 2,307.60$
8@ 36.05$ 288.40$
4@ 26.00$ 104.00$
4@ 35.00$ 140.00$
Rate Total
* %-
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) * %-
General and Administrative (G&A) * %-
Total (* Combined FB, OH and G&A) 168 % 6,590.51$
Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % 1,051.34$
Fee (DLC+FB+IC)

OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)

1. Reproduction -$

2. Conference Calls -$

3. Transportation/Travel-Related Expense (Mileage will be IRS standard rate.) -$

4. Mailing/Overnight/Special Deliveries -$

5. RCFC&WCD Permitting for borings -$
-$

SUBCONTRACTOR COSTS
-$

TOTAL COST

CITY OF PALM SPRINGS

COST PROPOSAL
City Project No. 12-02
Project Name: Professional Engineering Design Services for the South 10/18/2023 Consultant: Southern California Soil and Testing, Inc
Hourly RateClassification Name
Project Manager / Principal
Geotechnical Engineer Reza Saeedzadeh
Senior Geologist Bryan Rall
Project Engineer Nickey Akbariyeh
Staff Geologist Christine Sestak
Drafter Cynthia Garcia Ibarra
Asmin Support Debra Surrell

FRINGE BENEFITS
3,922.92$
Escalation (0%) -$
Total Direct Labor Costs (DLC) 3,922.92$
Subtotal Direct Labor Costs
11,564.77$
-$
6,590.51$
1,051.34$
Total Other Direct Costs - $
Total Subcontractor Costs - $
Item 1N - Page 17
Project Name: Professional Engineering Services for the South Palm Canyon Drive Bridge at Tahquitz Creek Channel Date: 9/11/17 Federal Project Federal Project No. BHLO 5282(042)
Consultant: Overland, Pacific & Cutler
Task No. Task Description Project
Manager
Senior
Engineer
Senior
Geologist Staff Geologist Staff Engineer Admin Support Total Hours Labor Cost Subconsultants Labor Cost
Subtotal Labor
Cost
Loaded Rate $262.20 $182.48 $170.07 $106.28 $76.65 $103.18 Task 1

1.1 Project Administration and Project Controls 0- $ - $ -$

1.2 Meetings and Coordination 0- $ - $ -$

1.3 Quality Assurance and Quality Control 0- $ - $ -$ Task 2

2.1 Research and Data Gathering 0- $ - $ -$

2.2 Surveys and Aerial Topographic Mapping 0- $ - $ -$

2.3 Right-of-Way Research and Base Mapping 0- $ - $ -$

2.4 Utility Research and Mapping 0- $ - $ -$ Task 3

3.1 Roadway Geometric Approval Drawings 0- $ - $ -$

3.2 Preliminary Geotechnical Investigations 0- $ - $ -$

3.3 Floodplain Study, Bridge Hydraulics and Scour Study 0- $ - $ -$

3.4 Roadway Drainage Study 0- $ - $ -$

3.5 Preliminary Right-of-Way Cost Estimates 0- $ - $ -$

3.6 Bridge Type Selection Study 0- $ - $ -$

3.7 Supplemental Engineering and Environmental Studies 0- $ - $ -$

3.8 Bridge Aesthetics Study and Visual Simulations 0- $ - $ -$ Task 4

4.1 Preliminary Environmental Study (PES) 0- $ - $ -$

4.2 Traffic Study 0- $ - $ -$

4.3 Phase I Initial Site Assessment 0- $ - $ -$

4.4 Water Quality Assessment Report (WQAR) 0- $ - $ -$

4.5 Location Hydraulic Study and Summary Floodplain
Encroachment Report 0- $ - $ -$

4.6 Biological Study (Natural Environmental Study) 0- $ - $ -$

4.7 Wetlands Delineation and Assessment 0- $ - $ -$

4.8 Section 4(f) De Minimis 0- $ - $ -$

4.9 Visual Resources Technical Memorandum 0- $ - $ -$

4.10 Cultural Resources Study (ASR/HPSR/APE) 0- $ - $ -$

4.11 Air Quality Study (CEQA Purpose) 0- $ - $ -$

4.12 Draft Environmental Document (CEQA IS/MND) 0- $ - $ -$

4.13 Circulate Draft Environmental Document and Respond Comments (CEQA) 0- $ - $ -$

4.14 Final Environmental Document (CEQA IS/MND) 0- $ - $ -$

4.15 File Notice of Determination (CEQA) 0- $ - $ -$ 0- $ - $ -$
000000 0 - $
Task 1

1.1 Utility Potholing 0- $ - $ -$ Preliminary/Concept Plans

CITY OF PALM SPRINGS
Cost Proposal - Man Hour Worksheet
Phase I - Environmental Document and Technical Studies
Project Management
Planning and Project Development
Environmental Approval
Subtotal Hours Subtotal Labor Cost
Phase 2: Civil Engineering Design (Plans, Specifications and Estimates - PS&E) Final Design Reports and Studies
Item 1N - Page 18

1.2 Geotechnical Design Reports 0- $ - $ -$

1.3 Storm Water Pollution Prevention Plan (SWPPP) 0- $ - $ -$

1.5 Utility Relocation Coordination 0- $ - $ -$ Task 2

2.1 65% Roadway Plans 0- $ - $ -$

2.2 65% Traffic Control Plans 0- $ - $ -$

2.3 65% Sign/Stripping/Signal Modification Plans 0- $ - $ -$

2.4 95% Civil Roadway PS&E 0- $ - $ -$

2.5 Unchecked Structure Plans 0- $ - $ -$

2.6 Bridge Design Independent Check 0- $ - $ -$

2.7 95% Structure PS&E 0- $ - $ -$

2.8 Final 100% Design PS&E and Contract Bid
Documents 8 6 40 8 4 4 70 11,564.77 $ - $ 11,564.77$ Task 3

3.1 ACOE Section 404 Nationwide Permit 0- $ - $ -$

3.2 RWQCB and EPA Section 401 Water Quality
Certification 0- $ - $ -$

3.3 CDFW 1602 Streambed Alteration Agreement 0- $ -$ -$

3.4 HMMP (1602) & NEPA Revalidation 0- $ - $ -$ 8 6 40 8 4 4 70 11,564.77$
Task 4

4.1 Supplemental Engineering and Environmental
Studies 0- $ - $ -$

4.2 Bridge Aesthetics Study and Visual Simulations 0- $ - $ -$

4.3 Right-of-Way Legal Descriptions and Plats 0- $ - $ -$

4.4 Right-of-Way Appraisal and Acquisition 0- $ - $ -$

4.5 Pre-Bid Meeting 0- $ - $ -$

4.6 Bidding Interpretations 0- $ - $ -$

4.7 Bid Review and Analysis 0- $ - $ -$

4.8 Respond RFI's, Review Shop Drawings and Submittals 0- $ - $ -$

4.9 Prepare Design Addenda 0- $ - $ -$

5.0 Prepare As-Built Plans 0- $ - $ -$ 000000 0 - $
86 4 0844 7 0 - $
11,564.77$
Optional Tasks
Plans, Specifications and Estimates (PS&E)
Civil Roadway PS&E
Structure (Bridge and Retaining Wall) PS&E
Environmental Permitting
Subtotal Hours Subtotal Labor Cost
Total Cost w/ ODC
Bidding Phase Supports
Design Construction Supports
Subtotal Hours Subtotal Labor Cost
Total Hours Subtotal ODC
Item 1N - Page 19
Federal Project No. BRLS 5282(042)
Date:

DIRECT LABOR
Range Hours Total
4@ 83.00$ 332.00$
18 @ 40.00$ 720.00$
36 @ 29.00$ 1,044.00$
2@ 24.00$ 48.00$
Rate Total

54.79 %-
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) 44.75 %-
General and Administrative (G&A) 59.16 %-
Total (* Combined FB, OH and G&A) 158.7 % 3,402.53$
Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % 554.65 $
Fee (DLC+FB+IC)

OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)

1. Reproduction -$

2. Conference Calls -$

3. Transportation/Travel-Related Expense (Mileage will be IRS standard rate.) -$

4. Mailing/Overnight/Special Deliveries -$
-$
-$

SUBCONTRACTOR COSTS
Traffic Counts -$

TOTAL COST
Principal Engineer

CITY OF PALM SPRINGS

COST PROPOSAL
City Project No. 12-02
Project Name: Professional Engineering Design Services for the South 10/18/2023 Consultant: KOA Corporation
Hourly RateClassification Name
Senior Designer
Assistant Engineer

FRINGE BENEFITS
Administrative
2,144.00$
Escalation (0%) - $
Total Direct Labor Costs (DLC) 2,144.00$
Subtotal Direct Labor Costs
6,101.18$
-$
3,402.53$
554.65$
Total Other Direct Costs - $
Total Subcontractor Costs - $
Item 1N - Page 20
Project Name: Professional Engineering Services for the South Palm Canyon Drive Bridge at Tahquitz Creek Channel Date: 9/11/17 Federal Project No. BHLO 5282(042)
Consultant: KOA Corporation
Task No. Task Description
Principal
Engineer Senior Designer Assistant
Engineer Administrative Total
Hours Labor Cost Subconsultants
Labor Cost
Subtotal Labor
Cost
Loaded Rate $236.19 $113.83 $82.53 $68.30
Task 1

1.1 Project Administration and Project Controls 0- $ - $ -$

1.2 Meetings and Coordinatio n 0- $ - $ -$

1.3 Quality Assurance and Quality Control 0- $ - $ -$ Task 2

2.1 Research and Data Gathering 0- $ - $ -$

2.2 Surveys and Aerial Topographic Mappin g 0- $ - $ -$

2.3 Right-of-Way Research and Base Mappin g 0- $ - $ -$

2.4 Utility Research and Mapping 0- $ - $ -$ Task 3

3.1 Roadway Geometric Approval Drawing s 0- $ - $ -$

3.2 Preliminary Geotechnical Investigations 0- $ - $ -$

3.3 Floodplain and Bridge Hydraulics Study 0- $ - $ -$

3.4 Roadway Drainage Stud y 0- $ - $ -$

3.5 Preliminary Right-of-Way Cost Estimates 0- $ - $ -$

3.6 Bridge Type Selection Stud y 0- $ - $ -$

3.7 Supplemental Engineering and Environmental Studies 0 - $ - $ -$

3.8 Bridge Aesthetics Study and Visual Simulations 0- $ - $ -$ Task 4

4.1 Preliminary Environmental Study (PES) 0- $ - $ -$

4.2 Traffic Stud y 0- $ - $ -$

4.3 Phase I Initial Site Assessment 0- $ - $ -$

4.4 Water Quality Assessment Report (WQAR) 0- $ - $ -$

4.5 Location Hydraulic Study and Summary Floodplain
Encroachment Report 0- $ - $ -$

4.6 Biological Study (Natural Environmental Study) 0- $ - $ -$

4.7 Wetlands Delineation and Assessmen t 0- $ - $ -$

4.8 Section 4(f) De Minimis 0- $ - $ -$

4.9 Visual Resources Technical Memorandu m 0- $ - $ -$

4.10 Cultural Resources Study (ASR/HPSR/APE) 0- $ - $ -$

4.11 Air Quality Study (CEQA Purpose) 0- $ - $ -$

4.12 Draft Environmental Document (CEQA IS/MND) 0- $ - $ -$

4.13 Circulate Draft Environmental Document and Respond Comments
(CEQA) 0- $ - $ -$

4.14 Final Environmental Document (CEQA IS/MND) 0- $ - $ -$

4.15 File Notice of Determination (CEQA ) 0- $ - $ -$ Preliminary/Concept Plans

CITY OF PALM SPRINGS
Cost Proposal - Man Hour Worksheet
Phase I - Environmental Document and Technical Studies
Project Management
Planning and Project Development
Environmental Approval
Item 1N - Page 21
00 0 00 -$
Task 1

1.1 Utility Potholing 0- $ - $ -$

1.2 Geotechnical Design Report s 0- $ - $ -$

1.3 Storm Water Pollution Prevention Plan (SWPPP) 0- $ - $ -$

1.4 Utility Relocation Coordinatio n 0- $ - $ -$ Task 2

2.1 65% Roadway Plans 0- $ - $ -$

2.2 65% Traffic Control Plans 0- $ - $ -$

2.3 65% Sign/Striping/Signal Modification Plans 0- $ - $ -$

2.4 95% Civil Roadway PS&E 0- $ - $ -$

2.5 Unchecked Structure Plans 0- $ - $ -$

2.6 Bridge Design Independent Chec k 0- $ - $ -$

2.7 95% Structure PS&E 0- $ - $ -$

2.8 Final 100% Design PS&E and Contract Bid Documents 4 18 36 2 60 6,101.18 $ - $ 6,101.18$ Task 3

3.1 ACOE Section 404 Nationwide Permi t 0- $ - $ -$

3.2 RWQCB Section 401 Water Quality Certificatio n 0- $ - $ -$

3.3 CDFW 1602 Streambed Alteration Agreemen t 0- $ - $ -$

3.4 HMMP (1602) & NEPA Revalidation 0- $ - $ -$ 4 18 36 2 60 $6,101.18
Task 4

4.1 Supplemental Engineering and Environmental Studies 0- $ - $ -$

4.2 Bridge Aesthetics Study and Visual Simulations 0- $ - $ -$

4.1 Right-of-Way Legal Descriptions and Plats 0- $ - $ -$

4.2 Right-of-Way Appraisal and Acquisition 0- $ - $ -$

4.3 Pre-Bid Meeting 0- $ - $ -$

4.4 Bidding Interpretations 0- $ - $ -$

4.5 Bid Review and Analysis 0- $ - $ -$

4.6 Respond RFI's, Review Shop Drawings and Submittals 0 - $ - $ -$

4.7 Prepare Design Addend a 0- $ - $ -$

4.8 Prepare As-Built Plans 0- $ - $ -$ 00 0 00 - $
4 18 36 2 60 - $
6,101.18$
Design Construction Supports
Optional Tasks
Subtotal Hours Subtotal Labor Cost
Phase II: Civil Engineering Design (Plans, Specifications and Estimates - PS&E) Plans, Specifications, and Estimates (PS&E)
Structure (Bridge and Retaining Walls) PS&E
Final Design Reports and Studies
Civil Roadway PS&E
Subtotal Labor Cost
Total Cost w/ ODC
Subtotal Hours Subtotal Labor Cost
Total Hours Subtotal ODC
Bidding Phase Supports
Item 1N - Page 22

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: A REQUEST BY CANYON FUND LLC, FOR APPROVAL OF AN ART MURAL TITLED “ WHIMSICAL MID -CENTURY PALM SPRINGS ”

LOCATED ON THE EAST (REAR) ELEVATION OF THE BUILDING AT 310 NORTH PALM CANYON DRIVE (APN: 513 -081-014) ( CASE MUR 2023-0003)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City Council to consider the approval of an art mural titled “Whimsical Mid-Century Palm Springs” installed on the east (parking lot-facing) elevation located at 310 North Palm Canyon Drive in accordance with Palm Springs Municipal Code Chapter 5.81.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “WHIMSICAL MID -CENTURY PALM SPRINGS ” INSTALLED ON THE EAST ELEVATION OF THE BUILDING FACING THE PARKING LOT, LOCATED AT 310 NORTH PALM CANYON DRIVE (APN: 513-081-014) (CASE MUR 2023-0003).

BUSINESS PRINCIPAL DISCLOSURE:

See Attachment C of this report.

BACKGROUND:

The applicant submitted an Art Mural application, MUR 2023-0003, to the Department of Planning Services for the approval of an art mural titled “ Whimsical Mid-Century Palm Springs”, to be installed on the east wall facing the private parking lot located at 310 North Palm Canyon Drive. The commissioned artist, in conjunction with Flat Back Art Supply , will paint the art piece that depicts culturally significant points of interest for the city. The Item 1O - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
Case MUR 2023-0003

dimensions of the art mural will be 16 feet in height by 50 feet in width (800 square feet) (Attachment F).

On December 20, 2023, the Public Arts Commission reviewed the application and voted 6-0 (1 absent: Shelton ) to recommend approval to the City Council. The notice of the Public Arts Commission to consider the A rt Mural application was distributed to the owners of the properties located within five hundred (500) feet of the project site. A copy of the Public Arts Commission resolution is attached to this staff report (Attachment E).

STAFF ANALYSIS:

The Art Mural application is subject to the regulations stated in Palm Springs Municipal Code (PSMC) Chapter 5.81 (“Art Murals on Private Property”). Pursuant to Palm Springs Municipal Code (PSMC) Section 5.81.020, an art mural is defined as follows:

“…a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, which can be seen from the public right-of-way, and is distinguished from signage in that it does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site.”

The design of the art mural is described as follows: “The mural will depict a map of Palm Springs that evokes its vibrant history with a color scheme reflective of desert hues that are naturally found in our environment. Highlighted on the mural will be many po ints of interest throughout the City of Palm Springs with a social relevance due to cultural history or current zeitgeist. The applicant’s desire is to bring a piece of new art into the City of Palm Springs also combined with the belief that the mural will be an appealing element for current tenants, customers, and visitors ” (see Justification Letter in Attachment D ).

The art mural does not include any elements that graphically convey the use of the property to the audience, therefore, the mural is not signage, and it may be permitted with the approval of an Art Mural application.

The required standards and regulations for the approval of an Art Mural application are provided in PSMC Section 5.81.060 (“Regulations”). Staff analyzed the Art Mural application in accordance with the applicable regulations below:

a. Any alteration to an approval mural shall require approval in accordance with procedures listed in Section 5.81.040.

The art mural is subject to the conditions of approval stated in Exhibit A of the attached draft resolution, which includes adherence to this requirement. As conditioned, the project meets this requirement.

b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

Item 1O - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
Case MUR 2023-0003

The art mural is installed on the east elevation (parking lot -facing) of the building, which is approximately 20 feet in height. The painted art mural does not extend beyond the top of the building, and it meets this requirement.

c. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.

The art mural does not project beyond the wall surface on which it will be painted; therefore, it meets this requirement.

d. Unless otherwise authorized by City Council, upon making findings of no resulting impacts, no mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).

The art mural is painted with acrylic -based paint, and it does not contain any electrical or mechanical components; therefore, it meets this requirement.

e. No mural shall be placed on a lot that is improved with only one single- family residential structure and accessory structures.

The art mural will be installed on the rear elevation wall of a commercial multi - tenant building; therefore, the project meets this requirement.

f. No mural shall be arranged and illuminated in a manner that will produce light intensity of greater than three- foot candles above ambient lighting, as measured at the property lie of the nearest residential zoned property.

There are existing wall lights that will remain. No new exterior lighting fixtures are proposed to illuminate the art mural as a part of this application. Therefore, the project meets this requirement.

g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety.

The art mural is hand- painted with acrylic -based paint; therefore, the project conforms to this requirement.

h. A mural shall not be created without the final authorization of the Palm Springs City Council.

The applicant is seeking approval of an art mural via an Art Mural application, Case MUR 2023-0003. With City Council approval, the project meets this requirement.

Item 1O - Page 3
City Council Staff Report
January 11, 2024 -- Page 4
Case MUR 2023-0003

Palm Springs Municipal Code Section 5.81.050 (“Requirements”) requires the property owner to record a covenant stipulating that the art mural will be maintained at all times in full compliance with the requirements of PSMC Chapter 5.81. The execution of this covenant is required as a condition of approval of this request as stated in Exhibit A of the attached draft resolution (Attachment B).

ENVIRONMENTAL ASSESSMENT
:

The installation of the art mural is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and it has been determined to be categorically exempt from further environmental review pursuant to Section 15301(a) of the CEQA Guidelines (Class 1, Existing Facilities) . The projects categorized under Class 1 exemption include minor alterations to an existing private structure which do not involve any expansion of the existing use.

FISCAL IMPACT
:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Vicinity Map
B. Draft Resolution
C. Public Integrity Disclosure Form
D. Justification Letter
E. Public Arts Commission Resolution No. 23-001 MUR
F. Exhibits
Item 1O - Page 4

ATTACHMENT #A

Item 1O - Page 5

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
MUR 2023-0003
310 North Palm Canyon Drive

Item 1O - Page 6
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Item 1O - Page 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING AN ART
MURAL TITLED “ WHIMSICAL MID -CENTURY PALM
SPRINGS” LOCATED ON THE EAST ELEVATION OF A
COMMERCIAL BUILDING, LOCATED AT 310 NORTH PALM
CANYON DRIVE (CASE MUR 2023-0003).

WHEREAS, Josef Jonathan of Via Canyon Fund, LLC (“Applicant”) has filed an Art Mural application with the City pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval of an art mural titled “ Whimsical Mid -Century Palm Springs” located on the east (parking lot -facing) elevation of a commercial building, located at 310 North Palm Canyon Drive, Zone CBD (Case MUR 2023- 0003) (“Application”).

WHEREAS, on December 20, 2023, the Public Arts Commission considered the application at a meeting and voted 6-0 ( 1 a bsent) to recommend approval of the Application by the City Council.

WHEREAS, on January 11, 2024, the City Council considered the Application at a regularly scheduled public meeting in accordance with applicable law.

WHEREAS, the application is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and is exempt from further environmental review pursuant to Section 15301 (“Existing Facilities”) of the CEQA Guidelines.

WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Application, including, but not limited to, the staff report, and all written and oral testimony presented.

WHEREAS, pursuant to Palm Springs Municipal Code Section 5.81.060 (“Regulations”), the City Council finds as follows:

a. Any alteration to an approval mural shall require approval in accordance with procedures listed in Section 5.81.040.

The art mural is subject to the conditions of approval stated in Exhibit A of the attached draft resolution, which includes adherence to this requirement. As conditioned, the project meets this requirement.

b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

The art mural is installed on the east elevation (parking lot -facing) of the building which is approximately 20 feet in height. The painted art mural does not extend beyond the top of the building, and it meets this requirement.

Item 1O - Page 8
Resolution No. _____

c. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.

The art mural does not project beyond the wall surface on which it will be painted; therefore, it meets this requirement.

d. Unless otherwise authorized by City Council upon making findings of no resulting impacts, no mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).

The art mural is painted with acrylic -based paint, and it does not contain any electrical or mechanical components; therefore, it meets this requirement.

e. No mural shall be placed on a lot that is improved with only one single -family residential structure and accessory structures.

The art mural will be installed on the rear elevation wall of a commercial multi- tenant building; therefore, the project meets this requirement.

f. No mural shall be arranged and illuminated in a manner that will produce light intensity of greater than three- foot candles above ambient lighting, as measured at the property lie of the nearest residential zoned property.

There are existing wall lights that will remain. No new exterior lighting fixtures are proposed to illuminate the art mural as a part of this application. Therefore, the project meets this requirement.

g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety.

The art mural is hand- painted with acrylic -based paint; therefore, the project conforms to this requirement.

h. A mural shall not be created without the final authorization of the Palm Springs City Council.

The applicant is seeking approval of an art mural via an Art Mural application, Case MUR 2023 -0003. With City Council approval, the project meets this requirement.

Item 1O - Page 9
Resolution No. _____

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

SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this resolution.

SECTION 2. That the City Council hereby approves MUR 2023- 0003 for an art mural instal lation on the east (parking lot -facing) elevation of a commercial building located at 310 North Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A.

ADOPTED THIS 11TH DAY OF JANAURY 2024.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1O - Page 10
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 January 11, 2024 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 1O - Page 11
Resolution No. _____

EXHIBIT A

Case MUR 2023-0003

Art Mural: “Whimsical Palm Springs”
310 North Palm Canyon Drive

January 11, 2024

CONDITIONS OF APPROVAL

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning Services, the Director of Building and Safety, or the Director of Community and Economic Development, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS

ADM 1. Project Description. This approval is for the project described per Case 20-001 MUR, except as modified by the conditions below.

ADM 2. Reference Documents . The site shall be developed and maintained in accordance with the approved application, on file in the Development Services Department, except as modified by the conditions below.

ADM 3. Conform to all Codes and Regulations . The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 4. Minor Deviations . The Development Services Director or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case MUR 2023-0003. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the Item 1O - Page 12
Resolution No. _____

applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Covenant.

A covenant shall be executed and delivered to the Office of the City Clerk for recordation in a form approved by the City Attorney, unless otherwise waived. The covenant shall provide that the mural will be installed and maintained at all times in full compliance Chapter 5.81 of the Palm Springs Municipal Code. In addition, the covenant shall remain in force for as long as the mural exists.

ADM 7. Maintenance Plan. The property owner(s), or any successors and assignees in interest shall maintain and repair the mural in accordance with the maintenance plan approved in conjunction with this application. This condition shall be included in the recorded covenant agreement for the property as required by the City.

ADM 8. Grounds for Revocation. Non -compliance with any of the conditions of this approval or with City codes and ordinances may result in proceedings to revoke the approval. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law.

PLANNING DEPARTMENT CONDITIONS

PLN 1. Lighting.

There shall be no new direct illumination of the art mural. If proposed, the illumination shall be submitted for review by the Planning Services Department for conformance to Chapter 5.81 of the Municipal Code prior to installation.

PLN 2. Removal of Mural. Should the mural be removed in the future, the property owner shall submit a Minor Architectural Review application to the Planning Department for approval prior to repainting the building.

PLN 3. Alterations
. Any alteration to the approved art mural shall be reviewed and approved in accordance with Palm Springs Municipal Code Section

5.81.060(a).

END OF CONDITIONS

Item 1O - Page 13

ATTACHMENT #C

Item 1O - Page 14
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, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, 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 ____________________________________
73301 Fred Waring Dr, Ste 200, Palm Desert, CA 92260
Josef Jonathan
Canyon Fund, LLC
CA
Item 1O - Page 15
✓
✓
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM 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
Josef Jonathan, Manager
08/03/2023
Josef Jonathan
100%
Item 1O - Page 16
J~J~

ATTACHMENT #D

Item 1O - Page 17
Josef Jonathan
Principal | Lic. 02063319
[email protected]
Jul
y 14, 2023
City
of Palm Springs
Planning Department
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
VIA Online Portal: <https://palmspringsca-energovweb.tylerhost.net/apps/selfservice#/home> RE: Ca
nyon Fund, LLC
Art Mural Permit Application
310-320 N Palm Canyon Dr
Palm Springs, CA 92262
To
Whom It May Concern:

On behalf of Canyon Fund, LLC (the “Applicant”), the application being submitted herein is for an Art Mural Permit (the “Permit”) for the proposed exterior mural at 310-320 N Palm Canyon Dr, Palm Springs, CA 92262 (“the Property”).

The Property
The Property currently consists of a n approximately 10 ,000sf 6-tenant retail/of fice building at 310-320 N Palm Canyon Dr, Palm Springs, CA 92262 with an approximately 1,200sf exterior rear wall with dimensions of ~20’ tall by ~60’ wide (the “Project”). The Project is currently a blank wall that faces the Property’s private parking lot, and currently ha s no improvements or artistic mer it. Access to the Project is from Amado, wi th pedestrian visibility into the Project only from Amado.

Intended Use
The Applicant is requesting approval for the Permit in order to beautify the P roperty and would intend to commence the Project upon approval of the Permit. Led by the direction of Flat Back Art Supply, a local artist will be commissioned to paint the Project based on the already- commissioned art piece that depicts a map of the City of Palm Springs highlighting many culturally-significant points of interest (the “Mural”). Flat Black Art Supply is a locally -owned and operated minority-owned small business, and has experience not only in Palm Springs, but also throughout the rest of the Coachella Valley.

Design
The Mural will depict a map of Palm Springs that evokes its vibrant history, with a color scheme reflective of Item 1O - Page 18
310-320 N Palm Canyon Dr Page 2 Permit Application
the desert hues that are naturally found in our environment. Highlighted on the Mural will be many points of interest throughout the City of Palm Springs with a social relevance due to cultural history or current zeitgeist.

The Applicant’s desire t o bring a piece of new art into the City of Palm Springs is also combined with the belief that the Mural will become an appealing element of the Property for tenants and customers and visitors alike.

A representative draft of the intended Mural is included with this Permit application.

Benefit to Community
With the addition of the Project to the Propert y, the objective will be to bring additional customers and visitors into this connecting corridor o f Downtown Palm Springs that wouldn’t be there otherwise —and at days and times that will be beneficial to the surrounding area by bringing in potential restaurant- goers, shoppers, and pedestrians to create a liveliness and vibrancy throughout the days and evenings in order to appreciate this fresh addition of art into the City of Palm Springs.

Approval of the Permit will permit the Applicant to bring a fresh and consistent group of visitors into Downtown Palm Sp rings. While the Project will bring in new visitors , it ’s inevitable that their economic impact will be felt in other businesses nearby—both before and after their visit to the Property . Creating a more vibrant presence at the Property, in times when the Project location would’ve otherwise been unrealized from an artistic perspective, the Applicant will endeavor to be a wonderful new addition to the local community and respectfully asks for the City of Palm Springs’ approval to create the Mural.

Sin
cerely,
Smoketree Investments
Jo
sef Jonathan
Authorized Representative
Ph: (760) 349-6711
Item 1O - Page 19

ATTACHMENT #E

Item 1O - Page 20
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Item 1O - Page 22
ATTACHMENT #F
Item 1O - Page 23
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Item 1O - Page 27

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A9232 WITH

VERDE FACILITIES SERVICES LLC FOR JANITORIAL SERVICES FOR

VARIOUS CITY FACILITES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Amendment No. 3 to Agreement No. A9232 with Verde Facilities Services LLC, in the amount of $ 55,500, for a revised contract amount not to exceed $2,481,144 for janitorial services for various City facilities.

RECOMMENDATION:

1. Approve Amendment No. 3 to Agreement No. A9232 (Attachment A) with Verde Facilities Services LLC, to provide janitorial services for various City facilities in an additional amount of $ 55,500 for a total revised contract amount not to exceed $2,481,144 through December 11, 2025.

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 August 30, 2022, Verde Facilities Services LLC is registered in the state of Arizona. The owner is Paul Sarzoza with a 100% beneficial interest in the entity.

BACKGROUND:

The Public Works Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

Four proposals were received and evaluated by an evaluation team made up of City staff from the Public Works, Library, Police, Fire, and Recreation Departments. The proposals were evaluated against published criteria that included the firm’s experience, the staff’s Item 1P - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
Amend Janitorial Services Contract

experience, the understanding of the scope of work, local preference, and price.

Verde Facilities Services LLC is a minority -owned business that has over 45 years of experience and has worked in multiple states and in multiple industries. Verde Facilities Services LLC employs approximately 16 staff members made up of primarily local residents to clean the City’s facilities.

On November 10, 2022, City Council awarded Contract Services Agreement No. A9232 (A9232, Attachment C) with Verde Facilities Services LLC for a three- year term in the amount of $2,236,428 effective December 12, 2022, through December 11, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Amendment No. 1 (Attachment D) was approved and entered into on March 1, 2023, by the City Manager, for an additional $52,920 to include the pick-up and disposal of an additional twenty -four (24) trash/recycling bins seven days a week, located in the Downtown area, for a revised contract amount not to exceed $2,289,348.

On May 25, 2023, Council approved Amendment No. 2 (Attachment E) in the amount of $136,296 to add semi-annual carpet cleaning for City facilities and quarterly cleaning for Desert Highland that was mistakenly left out of the scope work. Amendment No. 2 provided for a revised contract amount not to exceed $2,425,644 through December 11, 2025, for janitorial services of various City facilities.

The City has plans to move certain staff from the City Hall b uilding to the CVEP building across the street and will now need to provide janitorial services for that building space.

STAFF ANALYSIS:

The Department of Public Works met with the Verde Facilities Services ownership to discuss the inadequate services that have been observed and initiated a work performance program to address services expected within C ity parks and C ity facilities.

The contractor has been extremely responsive to this conversation and has taken corrective steps to move forward and continue to provide the City with janitorial services.

Staff are requesting approval of Amendment No. 3 in the amount of $55,500 to add janitorial services at 3111 E Tahquitz Canyon Way, for the portion of the CVEP building that the City’s Human Resources and Fire Administration staff will be occupying. This Amendment No. 3 will provide for a revised contract amount not to exceed $2,481,144 through December 11, 2025, for janitorial services at various City facilities.

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 Item 1P - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
Amend Janitorial Services Contract

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 2, Community Infrastructure.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in the current Fiscal Year 2023-24, Facilities Maintenance Account 5206570-40105.

REVIEWED BY:

Assistant Director of Maintenance & Facilities: Daniel Martinez Director of Public Works: David McAbee
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 3 to A9232
B. Public Integrity Disclosure
C. Contract Services Agreement No. A9232
D. Amendment No. 1
E. Amendment No. 2

Item 1P - Page 3

ATTACHMENT A

Item 1P - Page 4
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. A9232

FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES

This Amendment No. 3 to the Contract Services Agreement (A9232), (“ Amendment No. 3”), is made and entered into this _____ day of _____________, 2024 , by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Verde Facilities Services LLC, an Arizona Limited Liability Company, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide the City with janitorial services for various City of Palm Springs facilities, (“Project”).

B. On November 10, 2022, the City Council approved A9232, made and entered into on December 12, 2022, in reference to the competitively solicited Request for Proposal (RFP) 03-23 with Contractor for a total contract amount not to exceed $2,236,428.

C. On March 1, 2023, Parties entered into Amendment No. 1 to modify the Scope of Services/work including, Schedule of Fees and Schedule of Performance to increase the services provided for Downtown Trash/Recycling, for an additional $52,920 over the initial term for the pick-up and disposal of an additional twenty-four trash/recycling bins seven days a week, located in Downtown; for a total contract amount not to exceed $2,289,348.

D. On June 13, 2023, Parties entered into Amendment No. 2 to modify the Scope of Services/Work including, Schedule of Fees and Schedule of Performance to add quarterly cleaning at Desert Highland, carpet cleaning to annual cleaning at various city facilities, in the amount of $136,296.00, for a total contract amount not to exceed $2,425,644.00.

E. City desires to modify the Scope of Services/Work including, Schedule of Fees and Schedule of Performance to add janitorial services at 3111 E Tahquitz Canyon Way (CVEP) including bi-annual carpet cleaning in the amount of $55,500, for a total contract amount not to exceed $2,481,144.

F. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

Item 1P - Page 5

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 3.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:

“3. 1 Compensation and Payment. 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 $2,481,144.”

SECTION 3. E xhibit “A” Contractor’s Scope of Services/Work Including, Schedule of Fees and Schedule of Performance is hereby amended to incorporate the additional Schedule of Fees identified in Attachment A – Additional Services.

SECTION 4
. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9232, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 3 and any provisions of the Contract Services Agreement A9232, the provisions of this Amendment No. 3 shall in all respects govern and control.

SECTION 5
. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said Party is bound.

E
xcept as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. A9232 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

Item 1P - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 3 (A9232) BY AND BETWEEN THE CITY OF

PALM SPRINGS AND VERDE FACILITIES 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: D
ate:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _January 11, 2024____ It
em No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________
By:

City Attorney City Clerk

APPROVED:

By: _______________________________
Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1P - Page 7
ATTACHMENT “A”
Additional Services

Item 1P - Page 8
JANITORIAL SERVICES flROflOSAL
Prepared by Verde far The City of Palm Spring s/ December 2 7, 2023 We have car efully reviewed the Scope of Work {SOW) and walked the site, based on this we have compiled t he following pricing details for you r consideration. Should you have any queries, please don't hesitate to reach out.

Janitor ial Services Quote : $2,418,48/monthly
Susta ining Janitorial
Consum ables
Regards,
Areli Bartow
Business Development Manag er
Verde Clean LLC
602-919-6582 I abartow@verd ed e.1n.com www.verded ean .com 4 S2,218.48
S200.00

Item 1P - Page 9
Scope of Work
Daily

1. Empty and wipe clean (inside and out) all wast epaper and t rash receptacles; return t o original locations. Replace plastic liners, t oile: paper and paper t owels. Remove trash to main waste sto rage area.

2. Empty and wipe clean ashtrays; sift out cigarette butts a nd clean sand containers; pick up debris in smoke areas/ urns and damp \.\!ipe exposed areas.

3. Clean and disinfect with damp clot h count ers, and glass tops.

4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprint s, dust, soil, g1Jm, etc.

5. Spot clean interior glass/ frames, sills, glass panels, side glass entry doo rs and partition glass.

6. Vacuum carpeting, include under and around al furniture, spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.
7 . Ou :i.l m u µ he111J :i.utfe11.c Ouu 1:i., iu d udin~ :i.ld i1:i. o m.I ldu d iu ~:i..

8. Mop hard surface floors where needed for d rin~ spills, mud; remove gum, tar, etc.

9. Clean and polish drinking fountains, metal hous·ngs and trim; remove smudges and other marks.

10. Clean main entry door glass inside and out; spo: clean other entry door glass .

11. All vinyl, wood and tile floors must be buffed on an '"as needed" basis to insure high gloss shine.

Weekly

1. Oust thoroughly desks (except when laden with paperwo rk), tables, bookcases, lamps, and oth er office furniture.

2. Clea n a nd mop a ll ha rd su rface floo rs; insure hig h g loss s hine .

3. Spot clean and damp wipe plastic, vinyl, and leather chairs and/ or sofa backs, seats, and arms.

4. Oust doo rs a1d door frames.

5. Clean entry door metal, receptacles, and thresholds.

6. Damp wipe tables, ta bletops and chairs and chair legs.

Item 1P - Page 10
Quarte rly

1. Strip, scrub and re-wax vinyl, tile and terrazzo floors with pre-approved product designated for type of flooring.

2. Scrub, mop, and re-seal \'f/00d floors with pre-approved product designated for type of flooring.

3. Deep clean carpets
Semi Annua l

1. Strip, scrub and re-wax vinyl, tile and terrazzo floors with pre-approved product designated for type of flooring.

2. Scrub, mop, and re-seal \'f/00d floors with pre-approved product designated for type of flooring.

3. Deep clean carpets

ATTACHMENT B

Item 1P - Page 11

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

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 __________________________
Verde Facilities Services LLC
2323 W Mescal St #205
x
Arizona

5. Type of Entity
Corporation X Limited Liability Company Partnership Trust Other (please specify) Paul Sarzoza

Item 1P - Page 12

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 08/30/2022
Paul Sarzoza 100%, Verde Facilities Services LLC
Item 1P - Page 13

ATTACHMENT C

Item 1P - Page 14

CONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract
Company Name:

Company Contact:

Summary of Services:

Contract Price:

Funding Source:

Contract Term:

VERDE FACILITES SERVICES LLC
Areli Barlow, [email protected]
Janitorial Services for Various City Facilities
$2,236,428.00
Facilities: 5206570-40105
December 12, 2022 through December 11, 2025

Contract Administration
Lead Department:

Contract Administrator:

Facilities
Heather MacPherson
Contract Approvals
Council Approval:

Resolution Number:

Agreement Number:

October 17, 2022 and November 10, 2022
1F
and 1E
A9232
Contract Compliance
Exhibits:

Signatures:

Insurance:

Bonds:

Yes
Yes
Yes
N/A
Contract Prepared By: Procurement and Contracting
Submitted on: September 12, 2022 By: Brian Sotak-Rossman DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 15
Revised 2.9.22 Page 1 of 40
CONTRACT SERVICES AGREEMENT A9232

JANITORIAL SERVICES FOR VARIOUS CITY FACILITES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 12, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and VERDE FACILITIES SERVICES LLC, a Arizona Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. C it y requires the services of a licensed and qualified firm to provide the City with janitorial services for various City of Palm Springs facilities, (“Project”).

B. Contractor ha s submit ted to Cit y a proposa l to provid e janitoria l services for va
rious City facilities, to City under the terms of this Agreement.

C. B ase d on it s experience, education, training, a nd re putation, C ontractor 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 sche dule 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 p rofession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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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 $2,236,428.00.

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 direc tor. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

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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 pe
rformance 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 gove
rnmental 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 f inal 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 a
ccordance 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 December 1 2, 2022, and ending on December 11, 2025, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation
for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof
to Contractor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

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5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Areli Barlow (name), Business Development Director (title). 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 Mana ger 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, sh all 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, Contracto r 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, salarie s, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 19
Revised 2.9.22 Page 5 of 40
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:

Paul Sarzoza President of Operations
Jesus Chavez Regional Operations 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 ap plicable “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 subcon tractors 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 Se ction 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, installati on, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcon tractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration o f the Project and require the same of any subcon tractors, 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 DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 20
Revised 2.9.22 Page 6 of 40
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 att orney 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 l imits 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 al l 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 exte nt required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims 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 acc ounts of all time, costs, expenses, and expenditures pertainin g 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 m aterials. Contractor may retain copies DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 21
Revised 2.9.22 Page 7 of 40
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 insp ect 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 t his 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 again st the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and r emedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 22
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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 a greement 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 lawfu l 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, includin g but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non - discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS
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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 S ection. 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: Verde Facilities Services LLC
Attention: Areli Barlow
2323 W. Mescal St. #205
Phoenix, AZ 85029

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 j udgment 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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND VERDE FACILITIES 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: 10/17/2022 and 11/10/2022 Item No. 1F and 1E
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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11/14/2022
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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 Maintenance & Facilities Department oversees the ongoing maintenance and janitorial services of various city owned facilities (excluding the Airport and Convention Center), that is estimated at a cumulative 223,081 square feet. The previous 5 -year contract was based on a cumulative 202,307 square feet and awarded at $373,520.88 per year for a 3-year term with two (2) one (1) year renewal options.

1.2 Scope:

The scope of work consists of, but is not limited to, providing the regularly scheduled janitorial services and appr opriate supplies to maintain a high level of cleanliness effectively, and safely for specified City Facilities in accordance with the best standards of practice. It shall be the successful Contractor’s responsibility to furnish at his/her own expense all tools, equipment, janitorial supplies, labor, fuel, materials, supervision, and services necessary for the satisfactory performance of the work as set forth in these specifications.

1.3 Displaced Janitor Opportunity Act:

Contractors shall comply with Chapter 4 .5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment, the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act, enacted by SB20, is effective for contracts awarded on or after Ja nuary 1, 2002, and requires the City to identify the following requirements of the statute in its initial bid package. The statutory obligations apply only to contractors with 25 or more employees.

The requirements include notice to a new contractor that t hey must retain for sixty (60) days any employees employed at the same site for at least the preceding four (4) months by the previous contractor, absent reasonable and substantiated cause, not to hire based on the employee=s performance or conduct. The C ity, when awarding a replacement contract, will provide in a timely manner, the name and address of the new contractor to the previous contractor.

The new contractor is not required to pay the same wage or offer the same benefits, but the new contractor mu st make a written offer of employment to each non -management, non-supervisory service employee in a language in which the employee is literate. The offer shall state the time (of no less than 10 days) within which the employee must accept the offer. The new contractor may not discharge any holdover employees during the first 60 days of their new employment, except for cause. At the end of 60 days, the new contractor must provide a written performance evaluation to each retained employee and must offer the employee continued employment if the performance was satisfactory. Employment thereafter may be at will.

1.4 Special Requirements:

A. Employee Background Checks:

All contractor employees will be subjected to a background check prior to the commencement of work under this contract conducted by the Palm Springs Police Department. The City will require a list of all employees assigned to this contract along with their social security numbers. Any employee assigned to this contract that is shown to have a felony conviction, or whom the City finds to be unacceptable, will not be allowed to work under this contract. We strongly recommend that contractors are confident that the employees they assign to this contract will pass the required background check.

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B. Employees of Contractor:

1. Any and all employees of Contractor not satisfactory to the City of Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory. The question as to whether any employee proves satisfactory to the City of Palm Springs is one which is to be determined solely by the City of Palm Springs with or without cause, and without regard to the basis upon which such decision shall be made.

2. The Contractor shall be required to provide on -site superv isory personnel of a high caliber including bilingual communication ability if any contract crew member does not have a working knowledge of English. The supervisory personnel shall conduct regular inspections to determine that work is being performed in accordance with contract cleaning standards and established work schedules.

Said personnel must have the authority to respond immediately to situations upon request by the Contract Administrator.

3. The Contractor shall meet special personnel standards for t he Public Safety (Police) facilities. All contract employees assigned to these areas must pass a police background investigation prior to entering said facilities. At no time shall the Contractor schedule personnel in the police facilities that have not passed the background check. This provision shall apply even during times of short staffing due to holidays, illness, vacations, no shows, etc.

4. It shall be the responsibility of the Contractor to see that all his/her supervisory and crew personnel abide b y the City of Palm Springs building security regulations and safety standards. The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel, equipment, and property.

5. All personnel assigned by the Contractor to perform work for the City of Palm Springs shall not have an arrest record other than minor traffic violations, must be physically capable of performing all duties assigned, and must present a physical appearance acceptable to the City. The final decision as to t he acceptability of any individual performing work under any contract awarded because of this specification shall rest with the City of Palm Springs.

6. The Contractor shall provide supervisory personnel of a high caliber. The assigned supervisor shall conta ct the Contract Administrator or his designee to discuss and clarify any operational problems and to receive instructions. In addition, the assigned supervisor shall physically contact each assigned individual at not less than one (1) time per shift.

7. Contractor shall submit a supervisory chain of command document identifying personnel names and telephone numbers, providing updates as necessary. Said document must be submitted to the Contract Administrator on or prior to the first day of work.

8. Contractor s hall submit detailed description of all hiring, training, testing and disciplinary policies and procedures used by his/her firm.

9. It shall be the responsibility of the Contractor to provide consistent, reliable transportation for equipment and staff to serv ice identified facilities. All costs related to the maintenance and operation of said transportation vehicle(s) shall be the responsibility of the Contractor.

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10. One worker shall be made available for unscheduled assignments 7:30 A.M. to 4:30 P.M., seven days a week. Such work shall be in addition to that outlined in the specifications. This individual must be supplied with a cell phone and a vehicle for transportation provided by the Contractor. The phone number must be provided to the Contract Administrator.

11. The Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall inclu de at least one individual who speaks the English language proficiently.

12. The Contract Administrator may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of the public patronizing the premises. Contractor shall meet with the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises.

13. Contract Administrator may require t he Contractor to establish an identification system for personnel assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the janitorial services. The identification system shall be furnished at the Contrac tor's expense and will include uniforms and ID badges as specified by the City.

14. The Contractor shall require each of his/her employees to adhere to basic public works standards of working attire. These are basically: Uniforms, proper shoes and other gear r equired by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and shall be buttoned C. Inspection by City:

The work, materials, and supplies to be provided by the Contractor shall be subject to inspection by the City, and/or to tests designated by the City. If the results of such inspection or tests indicate that part of the work, materials, or supplies are deficient in any respect, the City in its sole discretion may reject all or any part of the work, materials or supplies provided by the Contractor. Inspections will be conducted by the Contract Administrator or their designee. Contractor shall utilize inspection sheets, either electronic or paper, which will be made readily available to the City.

Inspection sheets will include a section for the City’s designated inspector to list deficiencies.

D. Rejection of Work:

The City has the sole right to make all final determinations as to whether the work has been satisfactorily completed. If in the event that the results of the janitorial service are considered unsatisfactory to the City, the Contractor shall be required to immediately re-clean the unsatisfactory area at no cost to the City. Said service shall be performed in addition to, and without interruption to the regular cleaning schedule.

The City shall in all cases determine the quantity, quality, and acceptability of the work, materials, and supplies for which payment is to be made under the contract.

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The City shall decide the questions which arise relative to the fulfillment of the contract or the obligations of the Contractor there under.

E. Immediate Action During Business Hours, Council Contact:

1. During the normal days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Contract Administrator aga inst the Contractor, or may deduct such cost from an amount due Contractor from the City.

2. Contractor and Contractor's personnel shall immediately notify the Contract Administrator upon contact with members of the City Council F. Safety:

1. Contractor shall perfo rm all work specified in any resultant contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or relate d to the work; and agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements, including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL O.S.H.A. Safety Orders at a ll times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said facilities an d keep a log indicating date inspected and action taken.

2. It shall be the Contractor's responsibility to inspect and identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practice occurring thereon. The Contract Administrator shall be notified immediately of any unsafe condition that required major correction. During normal hours Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurr ing on the premises.

Contractor shall cooperate fully with the City in the investigation any accidental injury or death occurring on the premises, including a complete written report thereof to the Contract Administrator within five calendar days followin g the occurrence.

3. The Contractor shall comply with the OSHA Standard 29 CFR 1910.1200 Hazardous Communications as it pertains to the training, safety and equipment needed for all employees engaged in custodial service. The Contractor shall be responsible for compliance on date of Contract acceptance and shall provide proof to the City.

4. The Contractor shall furnish to the City copies of Safety Data Sheets (SDS) for all products used prior to beginning service to any facility. The Safety Data Sheets must be organized and include an index. The Safety Data Sheets must comply to the OSHA Guidelines, Title 29 of the Code of Federal Regulation, Part 1910.1200, Paragraph G.

5. The Contractor shall comply with the OSHA Guidelines, Title 29 of the Code of Federal Regulation, Part 1910.1200, Paragraph F, concerning the labeling of all chemical containers. The Contractor shall use "caution signs" as required by DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 31

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OSHA Guidelines. The Contractor shall furnish these signs at no additional cost to the City. Caution signs shall be on-site on Contract start date.

6. The Contractor shall comply with the OSHA Standard 29 CFR 1910.1030 Blood borne Pathogens as it pertains to the training, safety, and equipment needed for all employees engaged in custodial service. The Contractor sha ll be responsible for compliance on date of Contract acceptance and shall provide proof to the City. The custodian is responsible for cleaning bodily fluid spills of a two -foot square area, or less. Immediately notify the Contract Administrator for any bo dily fluid spills larger than two feet square.

G. Maintenance Schedules:

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Contract Administrator for their review, and if appropriate, their approval, within five working days prior to scheduled time for the work.

H. Non-Interference:

Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

I. Building Security:

The Contractor shall be responsible for the safekeeping of all areas in which janitorial services are performed at times other than the City's regular business hours. This responsibility shall include but not be limited to: (1) barring all unauthorized persons, and (2) locking and securing all doors and windows and turning off lights in thes e areas when the Contractor leaves the premises, except those lights and equipment designated to be continuously turned on. (3) City Hall shall be unlocked at 7:00 a.m., Monday through Thursday, and shall be locked Monday through Thursday at 6:00 p.m. Th e Contractor shall follow written instructions for building security and any other security requirements.

J. Locks and Keys Requirements:

1. The Contractor will be issued keys or Control Access Cards to all areas in which janitorial services are to be performed. The Contractor shall maintain control over issued keys and cards.

2. Contractor shall be responsible for the series of keys and access cards assigned to them and will in turn assign these keys and access cards to their personnel for use in maintaining this facility.

3. Contractor will be held responsible for the proper use and safe keeping of all keys and access cards issued by the City to the Contractor.

4. Contractor shall report all lost or stolen keys and/or access cards to the Contract Administrator within twenty -four hours of discover of the loss. Contractor shall reimburse the City for the cost as determined by the Contract Administrator of rekeying the facility or duplicating additional keys.

5. Upon termination, cancellation or expirat ion of the Contract, all keys received by the Contractor shall be returned to the Contract Administrator.

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6. California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of la w is either six months imprisonment or a five hundred dollar fine, or both.

K. Hours of Work:

All janitorial services shall be performed during hours to be agreed upon by the Contract Administrator and on the days identified in the Detailed Specifications, including City recognized holidays for those areas operating seven days per week.

Such performance shall not disrupt any City functions or business during the times set forth above. In any event, all required janitorial services shall be completed before the next scheduled workday.

L. Schedule of Compensation:

1. Payments will be made by City to the Contractor upon receipt of properly executed invoices and in accordance with the provisions of this Contract.

2. For all services which the Contractor is obligated to per form under the terms of this Agreement, the City shall pay to the Contractor a monthly price per facility as set in the Contract.

3. Payments shall be made upon submittal of a detailed monthly statement to the Director of Maintenance and Facilities of the Cit y of Palm Springs. Said statement shall be submitted within two weeks following the end of the billing period defined as a calendar month.

4. Prior to City payment of the monthly statement the Director of Maintenance and Facilities shall review and approve payment based on the satisfactory completion of service. Payment shall be issued within thirty (30) days of receipt of the monthly statement after services have been rendered. Payments shall not be made in advance of services performed.

5. Monthly price shall be the same for each month of the year regardless of the number of workdays in the month
M. Deductions, Adjustments and Damages:

The City shall have the right to assess damages for breach of the Contractor’s obligations. The exercise of its rights shall not preclude the City’s right to terminate or revoke the agreement. Deductions and adjustments (as a credit to the Contractor’s invoice) are a valid right of the City. Typical scenarios in which deductions may be taken and the method of their application incl ude, but are not limited to:

1. If the Contractor fails to perform the work required to achieve the quality specifications, the following schedule of deductions will be:
0-3 deficiencies in a building per month No deductions
4-6 deficiencies in a building per month 10% of monthly building cost 7-9 deficiencies in a building per month 20% of monthly building cost 10+ deficiencies in a building per month 40% of monthly building cost

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2. For costs expended by the City to achieve the specifications, the deduction will be 100% of the additional cost to City;

3. For damages caused by the Contractor, its employees, or others under its supervision to City facilities, fixtures, furnishings, equipment, grounds, or personal injury to City employees, visitors, or licensees, the deduction will be 100% of said damages.

In addition to the above, the City shall have the right to deduct monies as a credit from any monthly payments, other wise due to the Contractor, as may be deemed necessary to protect the City against failure by the Contractor to perform Contractor’s obligations, without revoking or terminating the contract.

The City is not restricted to any certain type of inspection to determine if specifications have been achieved. The City may adopt or change inspection method(s), quality assurance procedures, and increase or decrease the degree of inspection based upon contract modifications, lessons learned, technological changes, i nspection documentation and changes to Contractor’s quality control system.

1.5 Location And Total Area To Be Serviced:

The total area to be serviced is estimated at 223,081 square feet with the following breakdown per facility:

Location Frequency Units
Animal Shelter

4904 sf
General, Executive and Lobby Areas  7 days/wk. (including holidays)

Kitchen/lounge  7 days/wk. (including
holidays)

Restrooms  7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

City Hall

36,536 sf
General, Executive, Conference Rooms, and Lobby
Areas
5 days/wk. (M-F including
holidays)

Kitchen/lounges 4 days/wk. (M-Th)
Restrooms 5 days/wk. (M-F including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

City Yard

5,400 sf
General, Executive and Lobby Areas 4 days/wk. (M-Th)
Kitchen/shop breakrooms, large breakroom, Lead
Worker offices, locker rooms, weight room
4 days/wk. (M-Th)
Restrooms 7 days/wk.

Annual Cleaning 4/year (February, May,
September, and December)

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Demuth Community Center

12,600 sf
General, Executive and Lobby Areas 7 days/wk. (M-Sat)
Restrooms (5) 7 days/wk. (M-Sat)
Annual Cleaning 4/year (February, June, and
October)

Desert Highland Center

10,215 sf
General, Executive and Lobby Areas 5 days/wk. after 7:00pm Kitchen, Lounge, Locker, Game Room, Meeting
Room, and Weight Room Areas
5 days/wk. after 7:00pm
Restrooms 5 days/wk. after 7:00pm

Downtown Parking Structure

12,000 sf
Belardo Parking Structure 7 days/wk. prior to 7:00am
(including holidays)

Downtown Parking Structure 11,111 sf
Baristo Parking Structure 7 days/wk. prior to 7:00am
(including holidays)

Downtown Park Police Sub Station

1,585 sf
General, Executive and Lobby Areas, Restrooms 7 days/ week including holidays

Annual Cleaning 4/year (February, May,
September, and December)

Downtown Trash/Recycling

180 bins
Downtown Trash/Recycling  5 days/wk. (W, F, S, S, M
3:00pm – 5:00pm and
8:00pm – 10:00pm) including
holidays if on scheduled days

Fire Station #1

5,364 sf
Annual Cleaning 2/year (January and June)
Fire Station #2 (admin offices.)

4,160 sf
General, Executive and Lobby Areas 4 days/wk. (M-Th)
Admin Offices, Kitchen, Supply Room, Conference
Room
4 days/wk. (M-Th)
Restrooms 4 days/wk. (M-Th)
Annual Cleaning 2/year (January and June)
Fire Station #2 Suppression 15,449 sf Annual Cleaning 2/year (January and June
Fire Station #3

5,807 sf
Annual Cleaning 2/year (January and June)
Fire Station #4

2,600 sf
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Annual Cleaning 2/year (January and June)
Fire Station #5

3,764 sf
Annual Cleaning 2/year (January and June)
Fire Training Center 3,750 sf Annual Cleaning 2/year (January and June)
Fleet Operations 1,810 sf
General, Executive and Lobby Areas 4 days/wk. (M-Th)
Kitchen and Lounge 4 days/wk. (M-Th)
Restrooms 4 days/wk. (M-Th)
Annual Cleaning 4/year (February, May,
September, and December)

Leisure Center

8,501 sf
General, Executive and Lobby Areas 6 days/wk. (M-Sat)
Kitchen, Lounge, Dance Studio, Meeting Room, Tiny
Tots Room,
6 days/wk. (M-Sat)
Restrooms 6 days/wk. (M-Sat)
Annual Cleaning 4/year (February, May,
September, and December)

Main Library

33,920 sf
General, Executive and Lobby Areas 6 days/wk. (M-Sat)
Kitchen, Lounge, Learning Center 6 days/wk. (M-Sat)
Restrooms 6 days/wk. (M-Sat) including
a mid-day refresh

Annual Cleaning 4/year (February, May,
September, and December)

Pavilion

18,736 sf
General, Executive and Lobby Areas 7 days/wk. (including holidays)

Kitchen, Lounge, Stage, Dressing Room 7 days/wk. (including holidays)

Restrooms 7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

Police Department

42,425 sf
General, Chief’s Office, Executive and Lobby Areas 7 days/wk. (including holidays)

Records, Communications Center, all Kitchenettes,
Locker Rooms, All Restrooms including Training
Center “Public Restroom”, Communication Centers,
Chief’s office, Locker Rooms, and Back Hallway
7 days/wk. (including
holidays)

Weight Room 1 day/wk
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Training Offices near Canine Field, Stairwells on north and south sides
3 days/wk
Training Center 2 days/wk Tuesday &
Thursday Afternoon

Jail/Booking Area As requested by staff
Annual Cleaning 4/year (February, May,
September, and December)

Plaza Theater

11,000 sf
General, Executive and Lobby Areas 4 day/month
Restrooms, Stage, Green Room, Dressing Rooms 4 day/month Annual Cleaning 4/year (February, May,
September, and December)

Rudy's Store

900 sf
General, Restroom 1 day/wk. (September 1st -
June 1st)
1 per/month (June 2nd –
August 31st)

Restroom 1/day/wk. (September 1st-
June 1st)

Special Programs Compliance

1,200 sf
General, Executive and Lobby Areas 7 days/wk. (Including holidays)

Annual Cleaning 4/year (February, May,
September, and December)

Swim Center

1,320 sf
General, Executive and Lobby Areas 7 days/wk. (including holidays)

Kitchen, Locker, and Areas 7 days/wk. (including
holidays)

Restrooms 7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

Train Station

120 sf
Restroom 6 days/wk. (M-Sat)
Annual Cleaning 4/year (February, May,
September, and December)

Welwood Murray Library

4,300 sf
General, Executive and Lobby Areas, Cornelia White
Community Room
7 days/wk. (including
holidays)

Restroom 7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
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September, and December)
Village Fest Restroom Trailer

160 sf
Restrooms 1 day/wk. (Friday mornings)
Park Restrooms Daily (including holidays)

Demuth Park-5 Restrooms 7 days/wk. (including
holidays)

Desert Highland Park-1 Restroom 7 days/wk. (including
holidays)

Ruth Hardy Park-1 Restroom 7 days/wk. (including
holidays)

Sunrise Park-1 Restroom 7 days/wk. (including
holidays)

Victoria Park-1 Restroom 7 days/wk. (including
holidays)

Downtown Park-1 Restroom 7 days/wk. (including
holidays)

1.6 Supplies To Be Provided By Contractor:

Contractor's base price shall include rest room supplies to be supplied in sufficient quantities as to be continuously available in all rest rooms included in this Contract.

Supplies and products shall be subject to the approval of the City's Director of Maintenance & Facilities. Supplies shall include the following:

Rest Room Supplies:
• Toilet Tissue, two ply – adequate to restock each dispenser twice a day • Hand Towels – adequate to restock each dispenser twice a day • Commode seat covers – adequate to restock each dispenser twice a day • Commode and urinal deodorant bars
• Hand soap, lotion – adequate to restock each dispenser twice a day • Hand soap, foam – adequate to restock each dispenser twice a day • Air Fresheners
• Waterless Urinal Cartridges
• Urinal Seal Oil
(Paper products need to be 30% recycled content)
Other Supplies:
• Plastic Trash Liners (for ALL waste receptacles)
• Cleaners – Green Certified Products as applicable
• Disinfectants & Antimicrobial cleansers
• Strippers & Waxes
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Revised 2.9.22 Page 24 of 40

• Trash Bags for sanitary napkin disposal bins
• Graffiti Remover
• D Cell Batteries
Green Products:

The City of Palm Springs is concerned with providing and maintaining a clean and safe environment for its employees, City Officials, and visitors. Therefore, the Contractor shall be required to implement a cleaning program where all chemicals and products will be classified as “Green”. “Green Products” are described as those that are safe for the environment and safe for the end user. It is understood t hat not every cleaning function has an appropriate “green product”, but the Contractor should routinely monitor the market for newer and safer chemicals to reduce employee and visitor exposure.  The Contractor shall take a pro -active role to achieve compli ance in this area. In any event, the Contractor will provide the Director of Maintenance & Facilities with a complete list of cleaning products designating each product as green or non -green and the SDS sheets as required. All products shall be subject t o approval by the City for their compliance with this requirement. The City shall determine which certifications and or seal of green certifications are acceptable

1.7 Standards And Frequency Of Janitorial Services For Specific Locations:

The following standards shall be used by the Contract Administrator in evaluating custodial service:

1. Dusting – A properly dusted surface is free of all dirt and dust, streaks, lint, and cobwebs. Dusting will be accomplished with properly treated cloths.

2. Plumbing Fixtures and Dispenser Cleaning – Plumbing fixtures and dispensers are clean when free of all d eposits and stains so that the item is left without dust, streaks, film, odor, or stains. Minor blockages from toilets, urinals, and sinks cleared with plunger.

3. Sweeping/Vacuuming – A properly swept floor is free of all dirt, grit, lint, insects, and debris, except embedded dirt and grit.

4. Spot Cleaning – A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of cleaning marks.

5. Damp Mopping – A satisfactorily damp mopped floor is without dirt, dust, marks, film, streaks, debris or standing water.

6. Metal Cleaning – All cleaned metal surfaces are without deposits or tarnish and with a uniformly bright appearance. The cleaner used is to be removed from adjacent surfaces.

7. Glass Cleaning – Glass is clean when all glass surfaces are without streaks, film, deposits, and stains, and have a uniformly bright appearance and adjacent surfaces have been wiped clean.

8. Floor Finish Removal (Stripping) – Removal is accomplished when surfaces have all finished removed down to the f looring materials including baseboards, are free of dirt, stains, deposits, debris, cleaning solution and standing water, and the floor has a uniform appearance when dry. Plain water rinse and pick -up must follow finish removal operation immediately.

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9. Finished Floor (Application) – A floor is satisfactorily finished when all old wax/polish has been completely removed, including in corners and along edges and sufficient coats of sealer and wax/polish have been properly applied with enough drying time between each coat to assure no streaking, bubbling, or yellowing.

10. Scrubbing – Scrubbing is satisfactorily performed when all surfaces are without embedded dirt, cleaning solution, film, debris, stains, and marks, or standing water and the floor has a uniformly clean appearance. A plain water rinse must follow the scrubbing process immediately.

11. Buffing of Finished Floor Surfaces – All finished floor areas will be spray buffed sufficiently for maximum gloss, removal of surface dirt and have a uniform appearance. Only non-skid and City approved spray-buff products shall be used.

12. Wall Washing – After cleaning, the surfaces of all walls, ceilings, exposed pipes, and equipment will have a uniformly clean appearance, free from dirt, stains, streaks, lint, and cleaning marks. Painted surfaces must not be unduly damaged. Hard finish wainscot or glazed ceramic tile surfaces must be bright, free of film streaks and deposits.

13. Spot Cleaning Carpets – A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills. Care will be taken to use a product that will not harm the carpet fibers.

14. Janitorial Personnel – There is to be a janitorial person available during normal business hours Monday through Friday. Transportation is to be provided by the vendor/ personnel.

15. Pressure Washer – Pressure washer shall be either truck or trailer mounted and will have a burner to provide hot water

16. Welwood Murray Library – There are approximately 65 patrons per day that visit the Welwood Murray Library however there i s no public restrooms made available for these patrons, only a staff restroom.

17. Public Restrooms – Engineering and Planning receives approximately 900 -1000 patrons per month that will impact the public restrooms outside of the Engineering and Planning Bui lding. Approximately 400 patrons per day visit the Police Department.

18. Swim Center – The Palm Springs Swim Center September thru May: Receives 75 - 150 patrons daily depending upon swim teams. June through August, Monday through Friday approximately 400 plu s patrons visit daily. Weekends have less traffic as there are no summer camps using the pool.

19. Parking Structures – There are two City owned Parking Structures Downtown: The Belardo Structure and the Downtown Baristo Structure. Belardo has 1 stairwell, 1 elevator, and 20 trash bins. Baristo has 3 elevators, 3 stairwells, 1 trash enclosure, 1 alley way, and 1 driveway.

20. Desert Highland Unity Center – There are approximately 100 users both male and female, Monday thru Friday that utilize the facility. Saturday and Sunday there are approximately 200-300 patrons at the facility

21. Leisure Center – For all classes, staff, and parents, approximately 150 -200 patrons per day utilize this center.

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22. Plaza Theater – The Plaza Theater has 850 seats and is utilized for special events such as films, lectures, and concerts.

23. Demuth Community Center – The Palm Springs Demuth Community Center receives 75-100 patrons a day.

24. Village Fest Restroom Trailer – Every Thursday during the Village Fest event, approximately 700+ patrons utilize the restroom trailer facility. Village Fest ends at 10:00PM every Thursday evening.

General, Executive and Lobby Areas:

Animal Shelter, City Hall, City Yard, Demuth Community Center, Desert Highland Center, Downtown Park Police Substation, Fire Station #2 (admin offices), Fleet Operations, Leisure Center, Main Library (includes all areas of the Library), Pavilion, Police Department, Special Program Compliance, Swim Center, Welwood Library

1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners, to ilet paper and paper towels. Remove trash to main waste storage area.

2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.

3. Clean and disinfect with damp cloth counters, and glass tops.

4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.

5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.

6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.

7. Dust mop hard surface floors; including stairs and landings.

8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc.

9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.

10. Clean main entry door glass inside and out; spot clean other entry door glass.

11. All vinyl, wood and tile floors must be buffed on an "as needed" basis to insure high gloss shine.

Weekly – To be Cleaned on Thursday:

1. Dust thoroughly desks (except when laden with paperwork), tables, bookcases, lamps, and other office furniture.

2. Clean and mop all hard surface floors; insure high gloss shine.

3. Spot clean and damp wipe plastic, vinyl, and leather chairs and/or sofa backs, seats, and arms.

4. Dust doors and door frames.

5. Clean entry door metal, receptacles, and thresholds.

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6. Spot clean and vacuum carpeting (prior to 7:00 AM or after 6:00 PM).

7. Damp wipe tables, tabletops and chairs and chair legs. *Please note the Section 1.4 Special Requirements, B, 3, for contractor’s employees working in Police locations.

Kitchen, Lounge, Locker, Weight:

Animal Shelter (no locker/weight rooms), City Hall (no locker/weight rooms), City Yard, Desert Highland Center, Fire Station #2 Admin. Area, Fleet Operations (no weight room), Leisure Center (no locker rooms/weight rooms), Main Library (no locker/weight rooms), Pavilion (no locker/weight/lounge rooms), Police Department, Swim Center (no weight room).

1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Rem ove trash to main waste storage area.

2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.

3. Clean and disinfect with damp cloth all counters, sinks and glass tops.

4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.

5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.

6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM ); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.

7. Dust mop hard surface floors; including stairs and landings.

8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc.

9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.

10. Clean main entry door glass inside and out; spot clean other entry door glass.

11. All vinyl, wood and tile floors must be buffed on an "as needed" basis to insure high gloss shine
Weekly – To be cleaned on Tuesdays (or other day mutually agreeable with the Contractor and City):

1. Wipe clean sinks, drain boards, microwaves, and counter tops.

2. Damp wipe tabletops and chairs.

3. Sweep and damp mop floors.

4. Vacuum carpeting.

5. Damp wipe and clean tops, sides, and fronts of appliances (stove, refrigerator, dishwasher, microwave oven).

Plaza Theater: Weekly to be cleaned on Mondays

1. Restock, clean, and disinfect all restrooms
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2. Vacuum lobby and aisles, both upper and lower sections

3. Dust front lobby area, clean front counters, clean and dust green room, dressing rooms

4. Sweep stage

5. Empty trash, inside and outside

6. Pressure wash front entrance

7. Clean and sweep upper outside balcony for trash and debris. Remove all cobwebs.

8. Clean front windows, ticket booths, outside billboards Plaza Theater: Annual Cleaning 4 Times Per Year

1. Strip, scrub and rewax bathroom flooring.

2. Clean all seat cushions with upholstery extraction cleaner, wipe down all arms, legs of all seats.

3. Clean all carpet using carpet extractor.

4. Dust all walls in the lobby, green rooms, dressing rooms.

5. Clean and mop floors in green room, dressing rooms and stage.

6. Dust and damp wipe all push -plates, kick -plates, baseboards, and molding throughout the theater.

7. Dust and clean light fixtures in the lobby.

8. Dust, clean ticket booths, windows, and outside billboards.

9. Vacuum and clean all hallways.

10. Clean and sweep upper outside balcony for trash and debris. Remove all cobwebs.

Restrooms:

1. Empty and wipe clean (inside and out) all waste containers and remove trash to main waste receptacle.

2. Empty sanitary napkin containers and replace liner.

3. Polish all metal, mirrors, and dispensers.

4. Clean and disinfect: Wash basins, counter tops, shower stalls toilet bowls (including underside and tops of seats) and urinals.

5. Spot clean walls around wash basin, dispensers, and other fixtures.

6. Clean floor with germicidal solution.

7. Refill soap, sanitary napkin, towel, tissue, and toilet cover dispensers.

8. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine.

9. Graffiti removal in all public restrooms.

10. Minor blockages cleared with plunger in all toilets, urinals, and sinks Weekly – To be cleaned on Tuesday (or other day mutually agreeable with Contractor and City):

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1. Wash down tile walls and toilet partitions.

2. High dust restroom walls.

3. Pour water down floor drains.

4. Clean appropriately rest room chairs, sofas, and other furniture.

Parks Restrooms:

1. Pick up all trash on floors counters, sinks, urinals

2. Polish all metal, fixtures, mirrors, and dispensers

3. Clean and disinfect wash basins, counter tops, toilet bowels (including underside and tops of seats) and urinals (including front and underside of urinals.

4. Spot clean walls around sinks, toilets, urinals, dispensers, and other fixtures.

5. Refill soap, toilet paper, and set covers.

6. Clean floor with germicidal solution.

7. All tile flooring must be buffed on as “as needed” basis to insure high gloss shine.

8. Remove all graffiti

9. Minor blockages cleared with plunger in toilets, urinals, and sinks. For blockages that are unable to be cleared the fixture must be bagged over and reported to the Contract Manager or their designee for repair.

10. Restrooms to be cleaned after 10:00pm when Park closes and locked by custodial staff
Weekly – To be cleaned on Tuesday (or other day mutually agreeable with Contractor and City):

1. Wash down tile walls and toilet/urinal partitions

2. High dust restroom walls

3. Pour water down floor drains
Baristo Parking Structure:

1. Steam Clean/Pressure Wash All Stairwells.

2. Clean the interior and exterior of all elevators. Polish all metal surfaces.

3. Steam Clean/Pressure Wash trash enclosure(s).

4. Steam Clean/Pressure Wash the alleyway leading to trash enclosure and adjacent to parking structure.

5. Steam Clean/Pressure Wash the walkway from the parking structure that leads to adjacent street.

6. Mop hard surface floors in all elevators. Remove all gum, tar, etc. from floor.

7. Graffiti removal from elevators.

8. Debris removal throughout structure
Belardo Parking Structure:

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1. Steam Clean/Pressure Wash stairwell which is adjacent to the elevator on the sout h side of the structure.

2. Clean the interior and exterior of the elevator. Polish all metal surfaces.

3. Mop the elevator floor and remove all gum, tar, etc. from floor.

4. Remove all graffiti from elevator

5. Empty all trash bins in the north and south sides of the structure. All levels.

6. Pick up all debris, trash, etc. in the north and south sides of the structure. All levels Police Records, Communications, and Main Lobby Areas:

1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area.

2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.

3. Clean and disinfect with damp cloth all counters, public telephones, and glass tops.

4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.

5. Spot clean interior glass/frames, sills, glass panels, side glass entry door s and partition glass.

6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.

7. Dust mop hard surface floors; including stairs and landings.

8. Mop hard surface floors where needed for drink spills, mud, remove gum, tar, etc.

9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.

10. Clean main entry door glass inside and out; spot clean other entry door glass.

11. All vinyl and tile floors m ust be buffed on an "as needed" basis to insure high gloss shine
Weekly – To be cleaned on Friday:

1. Dust thoroughly desks (except when laden with paperwork), tables, bookcases, lamps, and other office furniture.

2. Damp mop all hard surface floors, including Police Department stairs and stairwell.

3. Damp wipe plastic, vinyl, and leather chairs and/or sofa backs, seats, and arms.

4. Dust door and door frames.

5. Clean entry door metal and thresholds.

6. Vacuum carpeting (prior to 7:00 AM and after 6:00 PM) except Comm unications area.

7. Clean reception area partition glass, inside and out.

8. Damp wipe elevator car walls and handrails.

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Revised 2.9.22 Page 31 of 40

9. Vacuum elevator car floor and tracks.

10. Damp wipe stairway handrail.

Weekly – To be cleaned on Wednesday or Thursday (between 1:00 AM – 5:00 AM):

1. Vacuum carpeting in Communications area.

Downtown Trash/Recycling (Palm Canyon Drive from Vista Chino to Baristo Road) from 3:00 PM – 5:00 PM and 8:00 PM – 10:00 PM:

1. Empty trash and recycle bins when full or more than half full (approx. 180 bins).

2. Pick-up trash from around trash cans.

3. Steam Clean/Pressure Wash spills around trash and recycle bins on an “as needed” basis.

All Locations (to be cleaned monthly during the first week of the month):

1. Dust mop spot clean and vacuum entire floor area.

2. High dust wall and ceilings.

3. Vacuum air grills.

4. Dust pictures, frames, clocks, panel boxes, fire extinguisher and other wall fixtures.

5. Dust sides and tops of all lockers, fil e, and storage cabinets; dust windowsills, shelves, and other ledges.

6. Polish meeting room and public area tabletops.

7. Clean public access partition glass inside and outside.

8. All vinyl and tile floor must be buffed on an “as needed” basis to insure high g loss shine.

Annual Cleaning:

1. Strip, scrub and re -wax vinyl, tile and terrazzo floors with pre -approved product designated for type of flooring.

2. Scrub, mop, and re -seal wood floors with pre -approved product designated for type of flooring.

3. Dust with a treated cloth wall paneling.

4. Vacuum all fabric 1) walls, 2) furniture and 3) drapes.

5. Clean and polish all metal furniture.

6. Dust or damp wipe push-plate, kick-plates, and baseboards and moldings.

7. Damp wipe exterior surface of light fixtures.

8. Clean all windows and glass, inside and outside.

9. Clean all vertical blinds.

10. Main Library to include the steam cleaning of all fabric chairs

1.8 Schedule:

Work will begin upon issuance of a Notice to Proceed and continue for three years with two one-year renewal options.

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1.9 Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month if a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. C ontractor to provide to the Director of Maintenance and Facilities detailed invoices to outline work done/completed.

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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 liabilit y 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 a pproved 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 requir ed 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 no t contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 53

Revised 2.9.22 Page 39 of 40

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 profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made 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 thre e years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

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

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure t o 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 certif icates 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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CITY OF PALM SPRINGS BUSINESS LICENSE
3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY.

BUSINESS NUMBER: 20027817
BUSINESS TYPE:

OWNER NAME:

BUSINESS NAME:

JANITORIAL

PAUL SARZOZA

VERDE FACILITIES SERVICES LLC
BUSINESS ADDRESS: 2323 W MESCAL ST # 205
PHONEX, AZ 85029

VERDE FACILITIES SERVICES
2323 W MESCAL ST# 205
PHONEX, AZ 85029
EXPIRATION TAX/ADMIN. FEE
09/30/2023 $570.00

ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE

LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN
VIOLATION OF ANY OTHER LAW OR ORDINANCE.

THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.

MUST BE POSTED IN A CONSPICUOUS PLACE
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DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS
WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
NAME:

PHONE
(A/C, No, Ext):

FAX
(A/C,
No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITSPOLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY) POLICY NUMBERTYPE OF INSURANCEINSR
LTR
OTHER:

ANY AUTO

AUTOMOBILE LIABILITY
(Per accident)
(Ea accident)
$
$
N / A

ADDL SUBR

WVD INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CANCELLATION

AUTHORIZED REPRESENTATIVE

CERTIFICATE HOLDER
HIRED

AUTOS ONLY
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Progressive Commercial Advantage Program (Sep 28, 2022 15:45 MDT) 2323 W Mescal St #205
✘
OH
44143
TWC4076669
Y
1,000,000
747 Alpha Drive
Phoenix
92262
3/02/2023
[email protected]
Highland Hts
42376
85029
Palm Springs
Verde Facilities Services, LLC
1,000,000
1,000,000
3200 East Tahquitz Canyon Way
09/28/2022
3/02/2022
N
A
Progressive Advantage Agency
1-888-302-8533
AZ
Technology Ins
The City of Palm Springs
CA
Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail a 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 kinds upon the company, its agents or representative" is not acceptable and must be crossed out.

Workers' Compensation policy shall contain the insurer's Waiver of Subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Item 1P - Page 58

ATTACHMENT D

Item 1P - Page 59
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. A9232

FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES

This Amendment No. 1 to the Contract Services Agreement ( A9232), (“Amendment No. 1”), is made and entered into this _____ day of _____________, 2023 , by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Verde Facilities Services LLC , an Arizona Limited Liability Company, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide the City with janitorial services for various City of Palm Springs facilities, (“Project”).

B. On November 10, 2022, the City Council approved A9232, made and entered into on December 12, 2022, in reference to the competitively solicited Request for Proposal (RFP) 03-23 with Contractor.

C. City desires to modify the Scope of Services/work including, Schedule of Fees and Schedule of Performance to increase the services provided for Downtown Trash/Recycling.

D. Parties agree to add an additional $52,920 over the initial term for the pick-up and disposal of an additional twenty -four trash /recycling bins seven days a week , located Downtown, as identified in Attachment A.

E. Contractor desires to perform said services on the terms and conditions set f orth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:

“3.1 Compensation and Payment. 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 $2,289,348.” DocuSign Envelope ID: 3A7134A7-9477-4847-8694-97CE86CD93A8 March1st
Item 1P - Page 60
DocuSign Envelope ID: 3A7134A7-9477-4847-8694-97CE86CD93A8 Item 1P - Page 61
SIGNATURE PAGE TO AMENDMENT NO. 1 (A9232) BY AND BETWEEN THE CITY OF

PALM SPRINGS AND VERDE FACILITIES SERVICES LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

Date: '2--} ::rl2 C52 S
CITY OF PALM SPRINGS:

APPROVED BY CITY MANAGER:
c:=-, � Lb By: - ---- �-
Signature
(2nd signature required for Corporations)
Date: ::i-\-. \ ·z 0-2 .3
Date: __ _ Agreement No. __
APPROVED AS TO FORM: ATTEST:

By
:��ttorruey--City Attorney
By: -�Sityc:ifilk--
City Clerk
APPROVED:

By:_____________ Date:. _________ _
City Manager - over $50,000
Deputy/Assistant City Manager- up to $50,000
Director - up to $25,000
Manager- up to $5,000
DocuSign Envelope ID: 3A7134A7-9477-4847-8694-97CE86CD93A8 3/1/2023
3/1/2023
A9232
Item 1P - Page 62
ATTACHMENT “A”
Schedule of Fees

DocuSign Envelope ID: 3A7134A7-9477-4847-8694-97CE86CD93A8 Item 1P - Page 63

ATTACHMENT E

Item 1P - Page 64
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A9232

FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
T
his Amendment No. 2 to the Contract Services Agreement (A9232), (“ Amendment No. 2”), is made and entered into this _____ day of _____________, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Verde Facilities Services LLC, a n Arizona Limited Liability Company, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. C
ity requires the services of a licensed and qualified firm to provide the City with janitorial services for various City of Palm Springs facilities, (“Project”).

B. O
n November 10, 2022, the City Council approved A9232, made and entered into on December 12, 2022, in reference to the competitively solicited Request for Proposal (RFP) 03-23 with Contactor, for an initial three-year term in an amount not to exceed $2,236,428.

C. On M
arch 1, 2023, Parties entered into Amendment No. 1 to modify the Scope of Services/work including, Schedule of Fees and Schedule of Performance to increase the services provided for Downtown Trash/Recycli ng, for an additional $52,920 over the initial term for the pick-up and disposal of an additional twenty-four trash/recycling bins seven days a week, located in Downtown; for a total contract amount not to exceed $2,289,348.

D. City desires to modify the Scope of Services/Work including, Schedule of Fees and Schedule of Performance to add quarterly cleaning at Desert Highland, carpet cleaning to annual cleaning at various city facilities, in the amount of $136,296.00, for a total contract amount not to exceed $2,425,644.00.

E. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

I
n consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 2.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:

DocuSign Envelope ID: 1E69B115-7524-40D6-A295-B52F87E012F3 13 June
Item 1P - Page 65

“3.1 Compensation and Payment. 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 $2,425,644.00”

SECTION 3. Exhibit “A” Contractor’s Scope of Services/Work Including, Schedule of Fees and Schedule of Performance is hereby amended to incorporate the additional Schedule of Fees identified in Attachment A – Additional Services.

SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9232, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provisions of the Contract Services Agreement A9232, the provisions of this Amendment No. 2 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 , such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. A9232 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 1E69B115-7524-40D6-A295-B52F87E012F3 Item 1P - Page 66
SIGNATURE PAGE TO AMENDMENT NO. 2 (A9232) BY AND BETWEEN THE CITY OF

PALM SPRINGS AND VERDE FACILITIES SERVICES LLC
IN
WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONT
RACTOR:

By
:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CI
TY OF PALM SPRINGS:

APP
ROVED BY CITY COUNCIL:

Date: _May 25, 2023______ Item No.

APP
ROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney Cit y Clerk
APPR
OVED:

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
6/2/23

1.N.

DocuSign Envelope ID: 1E69B115-7524-40D6-A295-B52F87E012F3 6/13/2023
Item 1P - Page 67
ATTACHMENT “A”
Additional Services

DocuSign Envelope ID: 1E69B115-7524-40D6-A295-B52F87E012F3 Item 1P - Page 68

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 BUSINESS & LEGISLATIVE

SUBJECT: APPROVE CONSULTING SERVICE AGREEMENTS FOR ON -CALL

PROJECT SERVICES FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve five consulting services agreements to provide on- call project support services to the Palm Springs International Airport (Airport) in the disciplines of Architectural, Engineering, Environmental, Planning and Construction Management.

RECOMMENDATION:

1. Approve Consulting Services Agreement No. 23Q386 (Attachment A) with M. Arthur Gensler Jr. & Associates, Inc. to provide architectural on-call project services for an amount not to exceed $11,500,000 for a term of five years.

2. Approve Consulting Services Agreement No. 23Q 388 (Attachment B) with RS&H California, Inc. to provide engineering on-call project services for an amount not to exceed $14,700,000 for a term of five years.

3. Approve Consulting Services Agreement No. 23Q 389 (Attachment C) with RS&H California, Inc. to provide environmental on-call project services for an amount not to exceed $4,000,000 for a term of five years.

4. Approve Consulting Services Agreement No. 23Q 390 (Attachment D) with InterVISTAS Consulting USA LLC to provide planning on-call project services for an amount not to exceed $11,000,000 for a term of five years.

5. Approve Consulting Services Agreement No. 23Q 387 (Attachment E) with AECOM Technical Services, Inc. to provide construction management on-call project services for an amount not to exceed $22,500,000 for a term of five years.

Item 3A - Page 1

6. Authorize the City Manager or designee to execute all necessary Agreements and authorize the Executive Director of Aviation to execute all task orders that fall within the total not-to-exceed amounts of the agreements.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Conflict of Interest and Non- Discrimination Certification and Public Integrity Disclosure forms (Attachment F), M. Arthur Gensler Jr. & Associates, Inc. is a California corporation.

According to the Conflict of Interest and Non- Discrimination Certification and Public Integrity Disclosure forms (Attachment G), RS&H California, Inc. is a California corporation.

According to the Conflict of Interest and Non- Discrimination Certification and Public Integrity Disclosure forms (Attachment H), InterVISTAS Consulting USA LLC is a Delaware and California corporation.

According to the Conflict of Interest and Non- Discrimination Certification and Public Integrity Disclosure forms (Attachment I), AECOM Technical Services, Inc. is a California corporation.

BACKGROUND:

The Airport’s comprehensive Master Plan that was approved in 2001 is outdated, and the Airport is currently developing a Master Plan to identify essential capital improvement projects that will be required to meet the needs of travelers, tenants, stakeholders, and the community. Staff has determined that it is necessary for the Airport to have on-call project services to support the Airport’s growth and to carry out the capital improvement projects effectively across the following five vital project disciplines:

1) A rchitectural Services, which will provide on -call services for terminal and maintenance facilities projects, and transportation improvement projects which will include the replacement of escalators, HVAC infrastructure, restroom renovations, and the addition of a car rental facility.
2) Engineering Services, which will provide on-call services for taxiways, runways, aprons, and roadway improvements which will include pavement reconstruction, subgrade stabilization, airfield drainage, electrical upgrades, and airfield markings.

The on- call consultant will also ensure that the Airport is in compliance with stormwater and air quality regulations.
3) Environmental Services, which will provide on-call services for the preparation of the environmental documentation required under the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the California Item 3A - Page 2
Clean Water Act, and any other applicable environmental requirements. Services will also include field surveys, environmental reports, and historical analyses. 4) Planning Services, which will provide on-call services for planning and programming support which will include overseeing technical details, grant administration, and the development of an Airport Strategic Business Plan. The on-call consultant will also assist with setting project priorities, goals, and parameters, as well as act as a liaison with regulatory bodies.

5) Construction Management Services, which will provide on-call assistance with the following construction phases:

• P reconstruction – Reviewing plans and schedules.
• C onstruction – Coordinating inspections and ensuring safety compliance. • Post-C onstruction – Processing claims, conducting inspections, and finalizing project close-out.

The A irport’s five-year capital projects consist of approximately 3 3 projects with non- construction items totaling approximately $656 .6 million, as depicted on the following page.

Item 3A - Page 3

*Note some projects are not construction and dollars represent the task listed.

STAFF ANALYSIS:

On October 9, 2023, the Procurement and Contracting Department issued Request for Qualifications 36-23 for On-Call Project Services for Palm Springs International Airport .

PROPOSED AIRPORT ON CALL CAPITAL IMPROVEMENT PROJECTS

YEAR ITEM DESCRIPTION
SOURCE

FUNDING

CONSTRUCTION
ESTIMATED AMOUNT *
2024 1 Installation of electric charging station infrastructure ACIP 3,000,000$ 2 Development and creation of Airport facility Design standards AIRPORT 300,000$ 3 Terminals restrooms rehabilitation and replacements ACIP 15,000,000$ 4 Projects programming and scope development assistance AIRPORT 1,000,000$ 5 Acquisition of a Zero-Emission Airport Vehicles and Charging Stations ACIP 5,000,000$ 6 Grant application, ACIP planning, PFC, land development assistance ACIP 1,000,000$ 7 Development of airport strategic plan AIRPORT 500,000$ 8 Misc. environmental assessments, analyses, and documentation ACIP 750,000$ 2025 9 Wildlife Hazard Assessments/analyses and associated permits and plans ACIP 300,000$ 10 Terminals escalator(2) and elevator(3) replacement ACIP 5,000,000$ 11 Terminals HVAC infrastructure replacement ACIP 3,000,000$ 12 Current rental car facility additions, renovations, and/or expansions CFC 5,000,000$ 13 Terminal exit lane breach control installation ACIP 1,000,000$ 14 Terminal baggage handling systems replacement and facility modifications OTA 25,000,000$ 15 New Consolidated Rental Car facilities CFC 250,000,000$ 16 Installation of misc. Airport shade structures AIRPORT 2,000,000$ 17 Construction of a new Remain Over Night (RON) parking apron ACIP 10,000,000$ 18 New Airport Fire Fighting Station ACIP 35,000,000$
2026 19 Perimeter fence and security enhancements ACIP 3,000,000$ 20 Landscaping design assistance AIRPORT 200,000$
21 Terminal baggage claim systems replacement and associated building additions/modifications ACIP 30,000,000$
22 Construct new Federal Inspections services (FIS) Facility PFC 150,000,000$ 23 Terminals misc. roof replacement/rehabilitation ACIP 1,000,000$ 2027 24
Terminal gate/expanded holdroom and associated equipment expansion and renovations AIRPORT 3,000,000$
25 Miscellaneous unplanned airport building maintenance, rehabilitation, or remodeling projects AIRPORT 5,000,000$
26 Development and creation of Pavement Management Plan/Pavement Condition Index Reports, including field analysis (2) ACIP 700,000$ 27 Airside pavement repairs and rehabilitation ACIP 4,000,000$ 28 Runway and Taxiway Safety Area maintenance and drainage repair ACIP 1,000,000$ 29 Taxiways and Taxiway connectors rehabilitation/reconstruction ACIP 10,000,000$ 2028 30 Runway 31L and 31R rehabilitation/reconstruction ACIP 30,000,000$ 31 Public vehicle parking lots and roadway repairs AIRPORT 10,000,000$ 32 Installation of Airport Solar Panels AIRPORT 5,000,000$ 33 Misc. airport drainage structures AIRPORT 1,000,000$ 34 Non Construction Items listed above AIRPORT 3,750,000$ Total 589,900,000$
Soft Costs 66,700,000$
Total Program Costs 656,600,000$
Item 3A - Page 4
Firms were allowed to submit on one or more of the five disciplines available and the following firms submitted qualifications for consideration by November 7, 2023:

Architectural
• AECOM Technical Services, Inc. - Orange, CA*
• C&S Companies - Syracuse, NY with local office in San Diego CA • Corgan Associates, Inc. - Dallas, TX with local office in Culver City, CA* • M. Arthur Gensler Jr. & Associates, Inc. - Los Angeles, CA*

Engineering
• AECOM Technical Services, Inc. - Orange, CA*
• BNP Associates, Inc. - Denver, CO
• BSE Engineering, Inc. - San Diego, CA
• C&S Companies - Syracuse, NY with local office in San Diego CA • Mead & Hunt, Inc. - Middleton, WI with local office in Ontario, CA* • PAE Consulting Engineers, Inc. - Portland, OR with local office in Los Angeles, CA
• RS&H California, Inc. – San Francisco, CA with local office in Los Angeles, CA*

Environmental
• AECOM Technical Services, Inc. - Orange, CA*
• Coffman Associates, Inc. - Overland Park, KS with local office in Scottsdale, AZ* • Environmental Science Associates - San Francisco, CA with local office in Irvine, CA*
• RS&H California, Inc. - San Francisco, CA with local office in Los Angeles, CA*

Planning
• AECOM Technical Services, Inc. - Orange, CA*
• Corgan Associates, Inc. - Dallas, TX with local office in Culver City, CA • InterVISTAS Consulting USA LLC - Washington, DC with local office in San Mateo, CA*
• KBSB Aviation, LLC. - Bonita Springs, FL
• Mead & Hunt, Inc. - Middleton, WI with local office in Ontario, CA* • RS&H California, Inc. - San Francisco, CA with local office in Los Angeles, CA* Item 3A - Page 5
Construction Management
• AECOM Technical Services, Inc. - Orange, CA*
• Anser Advisory Management, LLC - Santa Ana, CA with local office in Palm Desert, CA*
• C&S Companies - Syracuse, NY with local office in San Diego CA • MARRS Services, Inc. - Fullerton, CA*
• Mead & Hunt, Inc. - Middleton, WI with local office in Ontario, CA*

*Indicates Firms that were interviewed
An evaluation committee (“Evaluation Committee”) consisting of City staff from the Palm Springs International Airport, Engineering, Sustainability, and Planning Departments reviewed and scored the statement of qualifications received against the criteria published in the Request for Qualifications. The Evaluation Committee then interviewed the highest scoring firms in each discipline and scored the interviews. The proposal scores and interview scores were combined to determine the final ranking , with the top ranked firms for each discipline being as follows:
1) Architectural – M. Arthur Gensler Jr. & Associates, Inc. 2) Engineering – RS&H California, Inc.
3) Environmental – RS&H California, Inc.
4) Planning – InterVISTAS Consulting USA LLC
5) Construction Management - AECOM Technical Services, Inc.

Since this is a qualifications -based selection, proposers provided hourly rates that were analyzed for cost reasonableness and for inclusion in the contract. Therefore, staff recommends the firms listed above be awarded five- year contracts for work to be performed on an on-call as needed basis.

Each of the five on-call project services will collectively contribute to the Airport's safe and successful growth over the next five years , and while each discipline will provide unique services, there will be some overlap in the responsibilities of the services, such as detailed plan preparation, sustainability goal adherence, and cost estimation. Staff have determined that c ollaborating with on-call consultants is the most efficient and effective process for carrying out the Airport’s capital improvement projects. Each of the agreement amounts were established according to budget projections ensuring resources align with anticipated needs. Services will be initiated as needed and authorized by individual task orders that will be authorized by the Executive Director of Aviation.

Federal Aviation Administration (FAA) regulations requires that airports receiving FAA grant funding conduct an open public solicitation every five years for the purposes of Item 3A - Page 6
selecting and hiring airport qualified professional services. The City’s existing on- call aviation consulting services agreements expired on June 30, 2023. Staff recommends proceeding with the five on -call project services to provide Architectural, Engineering, Planning, Environmental, and Construction Management services for the next five years.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council actions are not “Projects” 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 actions are to approve contracts for the above- mentioned services, and are 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. As part of the environmental services agreement , RS&H California, Inc. shall prepare the required CEQA documents for projects when necessary. City staff will review all CEQA documents prior to submission.

FISCAL IMPACT
:

In the upcoming five years, the City is poised to implement a substantial $656.6 million capital improvement initiative; 35% of the capital project costs include some form of professional services. The five contractual agreements for professional services are instrumental in overseeing the Architectural, Engineering, Planning, Environmental, and Construction Management services of these capital projects. The funding for all expenses related to the Airport capital improvement program will be sourced from FAA Airport Capital Improvement Program (A CIP) grant funding , Transportation Security Administration (TSA) grant funding, capital funds generated by Passenger Facility Charges (PFCs) and Customer Facility Charges (CFCs) authorized to be levied at the airport by the FAA, along with local matching funds earmarked within the Airport Special Capital Project Fund. Projects will be budgeted in future fiscal years.

Item 3A - Page 7
REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
Finance Director: Kristopher Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Professional Services Agreement 23Q386
B. Professional Services Agreement 23Q388
C. Professional Services Agreement 23Q389
D. Professional Services Agreement 23Q390
E. Professional Services Agreement 23Q387
F. Public Integrity Disclosure Form – M. Arthur Gensler Jr. & Associates, Inc.

G. Public Integrity Disclosure Form – RS&H California, Inc.

H. Public Integrity Disclosure Form – InterVISTAS Consulting USA LLC I. Public Integrity Disclosure Form – AECOM Technical Services, Inc.

Item 3A - Page 8

ATTACHMENT A
CONSULTING SERVICES AGREEMENT NO. 23Q386
WITH M. ARTHUR GENSLER JR. & ASSOCIATES
Item 3A - Page 9
C ONSULTING SERVICES AGREEMENT 23Q386

ON-CALL PROJECT SERVICES FOR PALM SPRINGS

INTERNATIONAL AIRPORT - ARCHITECTURAL

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on January 15, 2024, by and between the City of Palm Spr ings, a California charter city and municipa l corporation (“City”), and M. Arthur Gensler Jr. & Associates, Inc., a California Corporation, (“Consultant”) . City and Consultant are individually referr ed to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of an architectural firm, for On-Call Project Services - Architectural, (“Project”).

B. Consultant has submitted to City a proposal to provide architectural services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project.

D. City
desires to retain the services of Consultant for the Project.

NOW, THEREFORE, in consider ation of the promises and mutual obl igations, covenants, and conditions contained herein, a nd ot her val uable consi deration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONSULTANT SERVICES

1.1 S cope of Services . In compliance wit h all terms and conditions of this Agreement, Consultant shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exhibit "A" includes th e agreed upon s chedule of performance and the schedule of fees. Ser vices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by experi enced, 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 wi
th L aw. Cons ultant shall comply with all applicable fed eral, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 3A - Page 10

1.3 Licenses and Permits . Consultant shall obtain at its sole cost an d expense such licenses, permits, and approvals as may be required by law for the per formance of the S ervices required by this Agreement.

1.4 Familiarity with Work . By e xecuting this Agreement, Consultant represents 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 f or completion of the Services to be performed by Consultant is an essenti al condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the ag reed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and re imbursed for the services render ed under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $ 11,500,000.

3.2 Method of Payment . I n any month in which Consultant wishes to re ceive payment, Consultant 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 f orm approved by City’s finance director. Payments shall be based on the hourly rat es set forth in Exhibit “A” fo r authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.

3.3 Changes. In the event any ch ange or changes in the Scope of Services/Work is requested by City, Par ties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendm ent may be entered into:

A. To provid e fo r revisions or m odifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

3.4 Approp riations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropri ations are not made, this Agreeme nt shall terminate witho ut penalty to City. City shall promptly not ify Consultant of such termination.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

Item 3A - Page 11

4.2 Schedule of Performance. All Services rendered under this Agreem ent 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. Notwithstanding the foregoing, Consultant shall not be re sponsible for delays due to causes beyond Consultant's reasonable control including, Force Majeure Events described in Section 4.3.

4.3 Force Majeure. The t
ime for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the becoming aware of the Force Majeure Event. A For ce Majeure Event shall mean an event that materially affects the Co nsultant’s performance and is one or more of the followi ng: (1) Acts of God or other natural disast ers occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unre asonable 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 orde rs, rules to protect the public health, wel fare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and ex tend the time for performing the Services f or 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 f inal and conclusive upon the Par ties to this Agreement. The Consultant will not receive an adjustme nt to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. U nl
ess earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall con tinue in full force and effect for a period of five years, commencing on January 15, 2024, and endin g on January 14, 2029, unless extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term . C ity may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the f ault o f Consultant and constit utes 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, Consultant shall i mmediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the C ontract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action.

Consultant shall be given reasonable opportunity to cure or remedy the deficiencies prior to any corrective action or termination by the City. Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City.

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5. COORDINATION OF W ORK

5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions i n its behalf with r espect to the specified Services and work: Neil McLean, Project Manager. It is expressly unde rstood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into thi s Agreement. Therefore, the f oregoing principal shall be responsible during the term of this Agreement f or di recting all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing princi pal may not be change d by Consultant without prior written approval of the Contract Officer.

5.2 C ontract Officer . The C ontract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the perf ormance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibitio n A gainst Subcontracting or As signment. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant sha ll 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 c ontain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. I f Consultant is permitted to subcontract any part of this Agreement by City, Consultant shal l be re sponsible 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 I ndependent Cons ultant. N either City nor any of its employees shall have any control over the manner, mode , or means by which Consultant , its agents or employees, perform the Services required, except as otherwise s pecified. Consultant shall perform all requir ed Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly in dependent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant 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. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligat ions r especting such personnel , including, but not limited to: social security taxes, income tax withhold ing, unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

5.5 Personnel. Cons ultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Mana ger, the Item 3A - Page 13
City shall h ave the u nrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.

Name: Title:

Keith Thompson Principal In Charge
Neil McLean Project Manager
Andy Huang Design Director
Mark McManus Senior Technical Lead
Jennifer Cardinal Interior Design Director
Erin Leugers Principal In Charge (Spurlock)
David Gratzke Project Manager (Introba)
Thomas Peterson Director, Anaheim Operations (Jensen Hughes) Martin van Koolbergen Partner (KGM)
Brad Saylor Principal/Senior Estimator
Janice Clavet Project Executive (vda)
Kunal
Shah Principal in Charge (PBS)
Ryan N. Upp Associate Principal (SGH)
Robert Cattel, AIA Principal, Senior Project Manager (Walter P Moore)
Michael Pendergrass Principal in Charge (Watry Design) Bryan O. Elliott Officer in Charge (Ricondo)

5.6 California Labor Code Requirements.

A. Consultant i s aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. , which requi re the paym ent o f prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” proje cts (“Prevailing Wage Laws”). If th e Services are being performed as part of an applicable “public works” or “m aintenance” p roject, as de fined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully compl y wi th such Prevailing Wage Laws. Consul tant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, pe nalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limi ted to prevailing wages (Labor Code Item 3A - Page 14
Sections 1771, 1774 and 1775), e mployment of a pprentices (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. I f 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 cons truction, alteration, demolition, in stallation, or repair, then purs uant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and re quire the sam e of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Indus trial Relations. It shall be Consul tant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Consultant 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. INDEMNI FICATION.

7.1 Indemnification. To the fullest extent per mitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless Ci ty, its elected officials, officers, employee s, agents, and volunteers ( collectively the “Indemnifie d Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expe nses including legal costs and attor ney fees (collectively “Clai ms”), includi ng but not l imited to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner aris ing out of, pertaining t o, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant , its officers, employees, representatives, and agents, that arise out of or relate to Consultant’ s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no c ircumstances shall th e insurance requirements and limits set forth in th is Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expiration or earlier termination of this Agr eement until all actions against the Indemnified Parties for such ma tters indemnified are fully and fi nally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services I
ndemnification and Reimbursement. If
Consultant’s obligation to defend, indemnif y, and/or hold har mless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

Item 3A - Page 15

8. RECORDS AND REPORTS

8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by t his Agreement , or as the Contract Officer shall require.

8.2 Records. C ons ultant shall keep complet e, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary t o properly perform the Services required by this Agreement and enabl e 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 m ake records and transcripts from such records.

8.3 Ownershi p of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the p roperty of City upon payment of all amounts due. Consul tant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additi onal compensation as a resu lt of the exercise by City of it s full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use.

Consultant shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . A ll d r
awings, specifications, reports, re cords,
documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released pu blicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspect ion of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, a nd facilities as City deems necessary to examine, copy, audit, and i nspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreem ent. C onsultant shall maintain such books, records, data, and documents in acc ordance with generally accepted accounting principles and shall cl early identify and make such items readily accessible to such parties during the term of this Agreement and for a period of th ree (3) y ears from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 Californi a Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the l aws of the State of Cali fornia.

Legal actions concerning any dispute, claim , o r m atter arising out of or in relation t o this Agreement shall b e ins tituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpre tation. This Agreement shall be construed as a whole according to its fair language and common meaning to a chieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negot iation between the Parti es.

Item 3A - Page 16
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed agai nst the drafting party, shal l not be employed in the interpretation of thi s Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purpose s only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver . N o delay or o mission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy o r be cons trued 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 Consultant. 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 a nd Remedies are Cu mulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the r ights a nd remedies of th e parties are cumulative . The exercise by either P arty of one or more of such rights or remedie s shall not preclude the e xercise 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 addi tion to any other right s or remedies, either Party may take legal action, in law or in equit y, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of t his Agre ement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 A ttorney Fees. In t he event any dispute between the Parties with respect to this Agreement results in litiga tion or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover fro m the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable at torney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NO N-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor -in-interest, i n the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. C onsultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agr eement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other conside ration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimi nati on. In connection with its performa nce un der this Agreement , Consultant shall not discriminate against any employee or applicant for employment because of actual or perceiv ed race, religion, color , sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration stat us, cu ltural or linguist ic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or Item 3A - Page 17
mental disability, or medical cond ition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capac ity to enter th is Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limi ted to the following: employment, upgrading, demotion or transfer; recru itment or recruitment advertising; layof f or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full comp liance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without l imitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or com munication that either Party desires, or is required to give to the other Party or any other pe rson 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 t he 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 C ity: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Consultant: M. Arthur Gensler Jr. & Associates, Inc.

Attention: Keith Thompson
500 S. Figueroa Street
Los Angeles, CA 90071

11.2 Integrated Agreement . T
his Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, a rrangements, agreements, representations, and understandings, if any, made by or among the P arties with respect to the subject matter in this Agreement.

11.3 Amendment. No a mendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

11.4 Severability. Wh enever poss ible, each pr ovision of thi s Agreement shall be interpreted in such a manner as to be effective and valid under applicable law . In the event that any one or mor e 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 af fect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which s hall be interpreted to carry out the intent of the parties.

11.5 Successors in Interest . This A greement shall be binding upon and inure to the Item 3A - Page 18
benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . E xcept as may be expressly provided for i n this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as confer ring, any rights, including, without limitation, an y rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. Th e above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the P arties warrant that they are duly aut horized 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. COMPLI ANCE 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, Consult ant shall als o certify co mpliance with the Russian Sanctions Program by completing the form located in Attachment “C” (R ussian 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 S ervices is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequa tely comply with th e provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Fed eral Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 3A - Page 19

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND M. ARTHUR GENSLER JR. & ASSOCIATES, INC.

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates s tated 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: _______________________________ C ity Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 3A - Page 20
EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 3A - Page 21

SCOPE OF WORK

1.0 Background:

1. T he Palm Springs International Airport (Airport) is a Small Hub airport owned and operated by the City of Palm Springs under the administration of the City’s Department of Aviation. The Airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California (3400 East Tahqui tz Canyon W ay). P SP Air port is a key component in local tourism which is the largest industry for the nine- city Coachella Valley. The Airport is experiencing extensive gr owth with nearly 3 millio n total passengers in calendar year 2022 and hosting 13 airl ines provid ing 70 daily f lights during peak season. PSP also fe atures Signature Flight Support, Atlantic Aviation, private hangars, two runways, an Air Museum, and an FAA Air Traffic Control Tower.

2. The Airport utilizes consultant services in the various disciplines of work to assist the Airport with the planning, design and management of various projects on an as needed basis as outlined in the scope below.

3. Work will be on an as needed on call basis. Authorization of the work will be by individual task orders. No specific amount of work is guaranteed, and the contract values are based on budget amounts for projected needs.

1.1 Scope:

A. Architectural Design Services

1. Consultant shall provide architectural design services for projects such as terminal facilities, airport operations, maintenance facilities, and ground transportation improvements. Tasks include but are not limited to the following:
a. Prepare all detailed plans, reports, analyses and schedules for meeting project planning requirements, including A irport Layout Plan co nformance, Cost Benefit Analysis, SMS, FAA Risk Assessment, and environmental analysis and approvals.
b. Assist with programming new projects and scope development. c. Prepare schema tic plans, design development plans, then final plans and specifications in suc h form as to comply wit h the latest applicable laws, building codes, ordinances, and FAA Advisory Circulars, as amended and other applicable CALTRANS , TSA and/or FAA rules, regulations, and guidance.
d. Ensure that all applicable sustainabilit y goals and l ocal architectural requirements and processes are addressed with each project. e. Assist with the creation of Facility Design Standards to include such items as interior/exterior signage, interior design, seating, etc. f. Prepare landscape architectural design as required.
g. Prepare all phases of design documents conceptual through design development and permitting , construc tion documents, and other required drawings, bid documents, as well as technical specification s describing the size, charact er, a nd qual ity of the entire project. Revi se documents as needed to the satisfaction of the Airport, FAA, TSA or other funding agency’s guidelines.
h. Ensure that all applicable sustainability goals and local architectur al r
equirements and processes are addressed with each project.

Item 3A - Page 22
i. Pr
epare and submit itemized project cost estimates at the planning, design and construction phases.
j. Participate in the bidding phase, assist with the preparation of addenda, interpret the construction documents, and prepare clarification documents. k. Attend planning, preconst ruction, pre-bid, and construction meetings as scheduled, and prepare and distribute meeting summaries as required. l. Provide construction administration services during construction. m. Analyze substitutions, test reports, materials, equipment, systems schedules, shop drawings, laboratory results, samples, etc. and make recommendations to the Airport.
n. Prepare and furnish final record drawings and specifications including s uch revisions that may have been made in the course of construction.

2. The following compilation of forecast airpor t projects illustrates what may transpire for the Palm Springs International Airport professional services work program over the next five years. The final determination and outcome of these projects will b e d ependent upon many variables, including but not limited t o; available funding, source of funding, industry incidents, regulatory changes, changes in activity forecasts, and other factors. The list of projects may include, but is not limited to, the following:
 Architectural design services for the replacement of the terminal escalators and elevators.
 Architectural design services for the replacement of the terminal HVAC (heating, ventilation, air, and cooling) infrastructure.  Additional arch itectural design services for the renovation/rehabilitation of the airport restrooms.
 Architectural design services f or current rental car facility additions, renovations, and/or expansions.
 Architectural design services for the installation of auto mated exit lane technology.
 Architectural des ign services fo r the ter minal ga te/expanded holdroom and associated equipment expansion program.
 Architectural design services of the terminal baggage handl ing systems replacement and facility modifications.
 Additional, a rchitectural
design services for th e addition of electric c harging station infrastructure.
 Architectural design services for a new Federal Inspections services (FIS) Facility.
 Architectural design se rvices for the addition of misc. Terminal ADA improvements.
 Architectural design services fo r the replaceme nt/rehabilitation of terminal roof.
 Architectural design services for New Consolidated Rental Car facilities.  Architectural d es ign for miscellaneous unplanned airport building maintenance, rehabilitation, or remodeling projects.

Item 3A - Page 23
 A
rchitectural design standards for the Airport facilities to ensure cohesive, coordinated designs that are compatible with the aesthetic intent and historical nature of the Airport.
 Architectural design services for the addit ion of misc. ai rport shade structures.
 Architectural d esign services of a new Airport Fire Fighting Station.

1.2 Schedule:

Work will be conducted on an as needed basis and authorized by individual task orders for the work. Each task order will outline the timeframe to complete the work.

1.3 Compensation:

Work will be compensated on an either an hourly rate time and material or lumpsum ba
sis as outlined in the task order. Contract pricing includes all labor, expenses, and incidentals to complete the work o utlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requeste
d. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 3A - Page 24

Item 3A - Page 25
ATTACHMENT "G"

HOURLY RATE SCHEDULE
REQUESTS FOR QUALIFICATIONS (RFQ36-23)

ON CALL PROJECT SERVICES
Attach a fully loaded rate sheet by position for your firm. Please note: all rates must be supportable, which means actual hourly rates paid to employees , established overhead and industry standard profit percentages that make up the loaded rates shall be presented to support these rates during an audit. Positions proposed shall be the position the person actually works in for the company.

Gensler Sr. Assoc, Sr. Interio r Designer $220 Jensen Hughes Principal $325-$450 Assoc, Sr. Interior Designer $195 Technical Fellow Design Direct or $200-$375 Project Interi or Designer $170 Senior Consultant Technical Director $200-$375 Interior Designer $140 Consultant Design Manager $175-$350 Sr. Assoc, Sr. Engineer $220 Associate Senior Designer $175-$350 Assoc, Sr. Engineer $195 Project Administrat or Senior Project Architect $175-$350 Project Engineer $170 Technician / Intern Project Architect $150-$275 Engineer $140 Admin
Intermediate Designer $150-$275 Sr. Assoc, Sr. Designer $220 Junior Designer $125-$175 Assoc, Sr. Designer $195 Mead &Hunt Architect $125-$175 Project Designer $170 Principal, Sr. Associate, Sr. Client Admini strative $100-$200 Designer $140 / Project Ma nager Graduate Designer $105 Sr. Project Engineer, Sr. Project Chattel Sr. Assoc, Sr. Planner $220 Scientist, Sr. Project Architect, Principal $279.22 Assoc. Sr. Planner $195 Sr. Project Inte rior Designer, Principal Associate $242 Planner $170 Sr. Project Planner Senior Associate $200.11 Planning Specialist $140 Project Engineer, Project Scientist, Associate Ill $184.80 Planning Coordinator $105 Project Architect, Project Interi or Associate 11 $144.14 Sr. Project Coordinator $140 Designe r, Project Planner Associate I $132 Project Coordinator $105 Sr. Engineer, Sr. Scienti st , Intern $105.60 Data Entry Coordinator $90 Sr. Architect Sr. Inte rior Designer, Admin Assistant $198 Sr. Planner, Construction Manager
KGM Architectural lighting Const ruction Resident Project lntroba Partner $265 Representati ve
Managing Principal $355 Principal $225 Engineer Ill, Scientist iii , Sr. Principal $325 Associate Principal $205 Arch itect Ill, Interior Designer Ill, Principal $315 Senior Associate $185 Planner Ill
Associate Principal $265 Associate $175 Engineer II, Scientist II, Arch itect II, Sr. Associate $220 Senior Designer $160 Interi or Designer II, Planner II Sr. Assoc, Dir. / Lead $220 Designer $150 Engineer i, Scientist I, Architec t I, Associate $195 Interio r Designer I, Planner I
Sr. Assoc, Sr. Project Manager $195 Leland Saylor Associates Senio r Technici an Assoc, Sr. Project Manager $195 Principal Estimator $125 Technician IV Project Manager $170 Senior Estimator $76.92 Technician Ill Sr. Assoc, Sr. Architect $220 Senior Estimator $77.74 Technician II, Surveyor - Assoc, Sr. Architect $195 Senior Mechanical Estim ator $84.60 Inst rument Person Project Archi tect $170 Senior Electri cal Estimator $84.55 Technician I, Technical Writer Architect $140 Senior Scheduler $80 Accountin g, Ad min Assistant 44 Gensler I On-Call Project Services For Palm Springs Internatio nal Airport $350-$425
$285- $340
$215-$265
$150- $195
$125
$110
$100
$355
$287
$248
$232
$189
$179
$167
$150
$211
$168
$159
$137
$118
$128
Item 3A - Page 26
ATTACHMENT "G"

HOURLY RATE SCHEDULE
REQUESTS FOR QUALIFICATIONS (RFQ36-23)

ON CALL PROJECT SERVICES
Attach a fully loaded rate sheet by position for your firm. Please note: all rates must be supportable, which means actual hourly rates paid to employees, established overhead and industry standard profit percentages that make up the loaded rates shall be presented to support these rates during an audit. Positions proposed shall be the position the person actually works in for the company.

Senior Editor $325-$450 Senior Consulting Engineer B $196 Sr. Technical Modeler Technical Editor $136 Senior Consulting Engineer A $180 Sr. Engineer Clerical $100 Consulting Engineer C $179 Engineer
Consulting Engineer B $166 Technical Designer
PBS Consulting Engineer A $153 Graduate Engineer
Principal Engineer $245 Senior Project Consultant $218 Engineering Intern Project Manager $225 Project Consultant II $176
Project/Senior Engineer $190 Project Consultant B $153 Watry Design Senior Designer $170 Project Consultant A $134 Principal Designer $160 Associate Project Consultant $126 Associate Principal Senior CADD/Revit Operator $150 Technical Aide $85 Sr. Project Manager CADD/REVIT Operator/Drafting $130 Senior Lab Technician B $191 Sr. Arch, Engineer Sr. Field Representative $150 Senior Lab Technician A $150 Project Arch, Engineer Field Representative $140 Lab Technician $107 Sr. Designer Word Processor/Clerical $105 Senior Graphics Specialist $271 Staff Designer Graphics Specialist II $184
Ricondo & Associates Graphics Specialist $151
Officer (Presidemt, Sr, VP etc.) $446.01 Senior BIM Technician II $240 Director $345.65 Senior BIM Technician I $201
Managing Consultant/Managers $248.48 BIM Technician II $182 Sr. Consultant/Tech Specialist 11 $167.24 BIM Technician I $175 Consultant/Tech Specialist I $127.42 Non-Technical C $206 Technical Specialist/Support $84.42 Non-Technical B $152 Non-Technical A $117
Simpson Gumpertz & Heger(SGH)
Senior Principal $372 Spurlock
Principal $355 Principal $225
Associate Principal B $321 Project Manager $175
Associate Principal B $321 Job Captain $150
Project/Technical Director B $312 Landscape Designer $125 Project/Technical Director A $277 Administrator $90
Senior Technical Manager B $259 Intern $75
Senior Technical Manager A $230
Senior Project Manager B $253 Walter P Moore
Senior Project Manager A $223 Senior Principal $367.79
Senior Project Supervisor B $284 Principal $280.36
Senior Project Supervisor A $245 Design Manager $288.03 Senior Consulting Engineer C $224 Sr. Project Manager $270.89 45 Gensler I On-Call Project Services Fo r Palm Springs International Airport $195.74
$193.79
$162.65
$183.80
$157.35
$105.37
$310
$280
$240
$200
$180
$160
$140
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 3A - Page 27

INSURANCE

1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims fo r injuries against persons or damages to property resulting from Consultant’s performance under this Agreement.

Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, a nd submit conc urrently with its executio n of this Agree ment.

Consultant 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, i ncluding any extensions. Such insurance sh all not b e 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 offi cials, officer s, employees, and authoriz ed agents, as additional 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 e ndorsements evidencing the same sha ll not be construed as a limitation of Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees.

2. M inimum Scope of Insurance . Th
e minimum amount of insurance requir ed
under this Agreement shall be as follows:

A. Com prehe nsive general liability and personal injury with limits of at least one mi llion dollar s ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile lia bility insurance with limits of at least one million dolla rs ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurre nce an d two m illion dollars ($2,000,000) annual aggregate is:
____ X __ require d
_____ ___ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of a t le ast on e million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. Fo r any claims related to this Agreement, Consultant’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, and authorized agents. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, an d authorized agents, shall be in excess of Consultant’s insuranc e and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against Ci ty, its electe d officials, officers, emp loyees, and aut horized agents.

Item 3A - Page 28

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Consultant provides claims made profes sional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims m ade w ithin t hree years o f the completion of Consultant ’s Services under this Agreement, or (2) to maintain professional liability in surance coverage with the same car rier in the amount required by this Agreem ent for a t least three years after completion o f Consultant’s Services under this Agreement. Consultant 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 requir ed in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provi ded 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. Consul tant shall furnish City with both certificates of insurance and endorsements, including additional i nsured endorsement s, effect ing all of the coverages required by this Agreement. The cert ificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of ins urance is to be received and approve d by the City bef ore work c ommences. City reserves the right to require Consultant’s insurers to provide complete , certified copies of all required insurance policies at any time. Additional insured endorsements are not required f or Errors a nd Omissions a nd Workers’ Compensation policies.

Verification of Insur ance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an a pproved Additiona l 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 C ity of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Pa lm 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 descr ibed policies be canceled before the expiration date thereof, the issuing company will mail 30 days writte n noti ce to t he Certificate Holder named." Language such as, “endeavor to” mai l and "but failure to mail such notice shall impose no obligation or lia bility of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Cit y, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, th e Ci ty of Palm Spring s shall be na med t he certificate holder on the policies.

Item 3A - Page 29
All ce rtificates of insurance and endorsemen ts are t o be received and approved by the City before work commences. All certificates of insurance must be authorized by a person w ith 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 Consultant’s obligation to provide them.

7. Deductibles a nd Self -Insured Reten tions. Any deduct ibles or sel f-insured retentions must be declared to and approved by the City prior t o com mencing 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, a nd volunteers; or (2) Co nsultant shall procure a bond guaranteeing payment of losses and related investigations, claim administratio n, a nd def ense expens es.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Consultant guarantees payment of all deductibles and self -insured retentions.

8. Severa bility of Interest s (S eparation of Insu reds). This insur ance applies separately to each insured agains t whom claim is made or suit is brough t except with respect to the limits of the insurer’s liability.

Item 3A - Page 30
EXHIBIT “C”

EXECUTIVE ORDER N-6-22 CERTIFICATION

Item 3A - Page 31
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 36-23)

ON CALL PROJECT SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California .

Signature: k-
Printed Name: Keith Thompson, Principal
Title: Principal
Firm Name: M. Arthur Gensler Jr. & Associates, Inc.

Date: ll/07 /2023
43 Gensler I On-Call Project Services For Palm Springs International Airport 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
Item 3A - Page 32
FAA
- 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The C ontractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their d uly 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 3A - Page 33
FAA
- 02 A ffirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – per tains to all contracts over $10,000 as follows:

Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.

Construction work m eans cons truction, re habilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to rea l property, including facilities providing utilit y 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 provisi on does not apply to equipment ac quisition projects where the manu facture 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 la nd ac quisition 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: not applicable Goals for female participation in each trade: not applicable 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 per formed. With regard to t his second area, the C ontractor 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, s pecific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the g oals. Th e ho urs of minority and female employment and training must be 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 Item 3A - Page 34
projects. The transfer of minority or female employees or trainees from Contractor to Contractor or f rom project to project for t he sole purpose of meeting the C ontractor’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; emplo yer ident ification 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 con tract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Refer
ence: 41 CFR Part 60-4
Item 3A - Page 35

FAA
– 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition t hreshold 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)
Item 3A - Page 36
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 m anufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives t hat are or consist primarily of: non- ferrous meta ls; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables) ; glass (including optic glass); lumber; or dry wall u sed in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101
Item 3A - Page 37
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 pro gram, 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 per son shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

Reference: 49 USC § 47123
Item 3A - Page 38
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 its elf, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2 000d 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 Depart ment 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 § 7 94 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 o f the Civil Rights Act of 19 64, the Age Discrimination Act of 1975 and Section 504 of the Rehabilit ation Act of 1973, by expanding the definition of the term s “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 Disa bilities 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 Orde r 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and ac tivities with disp roportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Imp rov ing 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 Item 3A - Page 39
reasonabl
e steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 197 2, as am ended, 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) wi ll comply wit h the Titl e VI List of Pertinent Nondiscrimination Acts an d 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 w ork performed by it duri ng 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 retenti on of subc ontractors, 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 Procurement s of Materials and Equipment :

In all solicitations, either by competitive bidding or negotiat ion made by the Contractor for work to be performed under a s ubcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notifie d by the Contractor of the Contractor’s obligations under this con tract a nd the N ondiscrimination 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 purs uant thereto and will permit access to its books, records, ac counts, 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 a nd 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 : I n the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the City w ill impose such c ontract sanctions as it or the Federal Aviation Admini stration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of
Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant Item 3A - Page 40
thereto
. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administrati on 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 m ay 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
Item 3A - Page 41
FAA
– 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lo wer 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 Environment al Protecti on 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 3A - Page 42
FAA
– 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work H ours and Safety Standards Act Requirements ( CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics emplo yed 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 wor kweek.

CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally - assisted projects . The Wage and Hour Division (WHD) wit hin 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 c ontracts 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 manufact ure 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, m echanics, watchmen, and guards . This includes members of survey crews and exploratory drilling operations.

Property – While m ost la nd t ransactions do not i nvolve 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 fo rty 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 fo r all hours worked in excess of forty hours in such workweek.

2. Violation; Liability for Unpaid Wages; Liquidat ed Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor res ponsible 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 C olumbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each indiv idual laborer or mechanic, including watchmen and guards, employed in violation of the clause set f orth in paragraph (1) of this clause, in the sum of $29 for each cal endar day on which such individual was required or permitted to work in excess of the sta ndard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

3. Withholding for Unpai d Wages and Liquidated Damages.

Item 3A - Page 43
The Federal
Aviation Administration (FAA) or the City shall upon its ow n action or upon written request of an authorized representative of the Department of Labor wi thhold or cause to be withheld, from any moneys payabl e on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same pr ime Contractor, or any other federally -assisted contract subject t o th e Contract Work Hours and Safety Standards Act, which is h eld b y th e 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 cont ractor sh all 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 I I(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
Item 3A - Page 44
F AA
– 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 const ruction 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 contr actor and su bcontractor 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 al l construction cont racts 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 i s m anufactured 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 S ervice Agreements (PSAs) include tasks that meet the definiti on 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 b oundary 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 o r 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 subc ontractors are prohibited from inducing, by any means, any person e mployed on the project to give up any part of the compe nsation 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 pr ior week. City must rep ort any violations of the Act t o the Fe deral A viation Administration.

Reference: 2 CF R Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 3A - Page 45
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 subc ontracts 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 manufact ured 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) i ncludes 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 i nvolve 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 labor ers and mechanics. The City must include this provision if th e land a cquisition 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 labor ers and me chanics 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 t han those contained in the wage determination of the Secretary of Labor w hich 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 rea sonabl
y anticipated for bona fide fringe benefi ts 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 f or more than a w eekly 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 w age rate and fringe benefits on the wage 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 b e compensated at the rate specified for each classification for the time Item 3A - Page 46
act
ually 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 determ ination (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 determinati on 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 rat e, incl uding 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 classi fication and wage rate (including the amount d esignated 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 o fficer, 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 (inc luding f ringe 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 cont ract from the first day on which work is perfor med in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contracto r 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 c
onsider as part of the wages of any laborer or mec hanic the amount o f 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 Cont ractor, that the applicable standards of the Davis -Bacon Act hav e been m et. T he Secretary of Labor may Item 3A - Page 47
requi
re 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 t he same prime contractor, or any other federally -assisted con tract subject to Da vis-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 mechani cs, including apprentices, trainees, and hel pers, 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, Applica nt, 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 Dav is-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 o f apprenticeship programs and certification of trainee programs, th e registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) Th e Contractor shall submit weekly for each week in which any contract work is perf
ormed 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 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 informa tion 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 n ot such a Item 3A - Page 48
party
, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to t he 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 pay s 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), th e appropriate information is bei ng mai ntained 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 d uring the payroll period has been paid the ful l weekly wa ges earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set for th in Regulations, 29 CFR Part 3;
(3) That ea ch 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 p roperly 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 a bove 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 r equired 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 empl oyees during w orking hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency 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 w ith t he 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 Appr enticeship Agency Item 3A - Page 49
(where app
ropriate) 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 per mitted to the contractor as to the ent ire w ork 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 s ubcontractor’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 p rogress, expressed as a percentage of the journeymen hourly rate spec ified in the a pplicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not speci fy fringe benefits, apprentices must be paid the full amount of fri nge be nefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classificat ion, fring es shall be paid in accordance with that det ermination. I n the event t he Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by t he Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than th e 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, Employ ment 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 sp ecified in the app roved program for t he trainee’s level of progress, expressed a s 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 trainee program. If t he 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 train ing 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 ut ilize trainees at l ess than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) E qual Employment Opportunity. The utilization of appr enti ces, trainees, and journeymen
under this part shall be in conform ity with the e qual employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

Item 3A - Page 50

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 Administrati on may by appropriate ins tructions requ ire, and als o 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 t heir representatives.

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 contrac ts by v irtue 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
Item 3A - Page 51
FAA –
11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contr acts are non-procurement transactions, as defined by 2 CFR § 180.970. C overed 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 o r 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 neit her 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 t ier 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 thi s federally assisted project. The Contractor will accomplish this by:

1. C hecking 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 tr ansaction, the FAA m ay 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
Item 3A - Page 52
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 s hall not discriminate on the basis of race, color, nat ional origin, or s ex in th e 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) Assessin g 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 t his 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 contracto r agrees further to return retainage payments to each subcontrac tor within [30 days] days aft er the subcon tractor’s wo rk is satisfa ctorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause follo wing 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 C ontractor 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, in stances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non - DBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed t o perform the work and supply the materials for which each is listed unless the C ontractor obtains written consent of the City.

Unless City consent is provided, the prime Contractor shall not be entitled to any pa yment 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 DB E firm.

For purposes of this paragraph, good cause includes the circum stances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or substitute a DBE s ubcontractor, the prime C ontractor must give notice in writing to the D BE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advis
e the City a nd the Contractor of the reasons, if any, why it objec ts to t he proposed termination of its subcontract and why the City should not approve the prime C ontractor'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.

Item 3A - Page 53
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
Item 3A - Page 54
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, “Te xt Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messagi ng w hile dri ving when performing work related to a gran t 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 distract ed dri vers, 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 thi s 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
Item 3A - Page 55
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 compl iance with the National Defense Authorization Act [Public Law 115- 232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 3A - Page 56
FAA
– 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded proje cts, b ut not t o the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug -Free Work place Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug -free work places as a c ondition of r eceiving 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)

Item 3A - Page 57
FAA
– 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all per sons, without regard to r ace, co lor, r eligion, 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 em ployment 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 s election for training, including apprenticeship. The Contract or 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 solicitatio ns or advertisements for employe es 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 access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses t he compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such Item 3A - Page 58
dis
closure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, 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 inf ormation 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 w ith 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;
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. “Em ployer 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:

Item 3A - Page 59
(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) A sian and Pacific Islander (all persons having origins in any of the ori ginal 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 ori ginal 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 Contrac tor 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 f or 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 fai th 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. T he Contractor shall implem ent 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 f emale 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 Fede ral Register in notice for m, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.

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 meet
ing the goals, such apprentices and trainees m ust be emp loyed by the Contractor Item 3A - Page 60
duri
ng 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 sit es, 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 Contract or or its u nions 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 a nd female off -the-street applicant and minority or female ref erral 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 uni on 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 uni on or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor ’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee progr ams relevant to the Contracto r’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 poli
cy 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 emp loyees at each location where construction work is performed.

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g. R
eview, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, l ayoff, termination, or other employment decisions including specifi c 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 meet ings, 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, fe male, 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 not ification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the s election process.
j. E ncourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to m inority 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 an d evaluation at least of all minority and female personnel, f or 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 ot her personnel practices do not have a discriminatory effect by continually monitoring all 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 of fers 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, a t least annually, of all s upervisor’s adherence to and per formance 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 aff irmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group Item 3A - Page 62
of w
hich the Contractor is a member and participant may be asserted as fulfilling any one or m ore of its obligations under 7a through 7p of these speci fications 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 indus try, ensures that the concrete benefits of the program are reflected in the Contract or’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 demonstra tes th e 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 fo r 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. Cons equently, 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, col or, 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 carr y o ut 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 am ended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling it s 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 effo rts to ensure equal employment opportunity. If the Contractor fails to comply wi th 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 Contr
actor 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, apprent ice, 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 Item 3A - Page 63
exi
sting 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 standard s of c ompliance 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 p ay 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 t hat takes place in connection with obtaining any Federal award.

For an award over $100,00, the bidder or offero r certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) 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. (2) 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.
(3) 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 t his 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 mus t 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. Ex amples include the installation of noise monitoring equipment.

Property/Land – Land acquisition contracts that include tas ks that qualify as cons truction 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 3A - Page 67
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 an d Health Administration (OSHA) o versees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from t his solicitation incorporate by r eference 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 res ponsibility 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 mus t address any claims or disputes that pertain to a referenced requirement directly with th e 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 – C ontract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.

REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA -designated items is available at www.epa.gov/smm/comprehensive - procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recove ry of EPA- designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing f or compliance w ith the contrac t performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
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FAA
– 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of exper imental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub- tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401

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FAA
- 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.

Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.

Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.

Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.

Land – This provision will not typically apply to a property/land project.

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismi c 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
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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

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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 3A - Page 73
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 contrac t or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries t hat discriminate against U.S. firms as published by the USTR; and 3) h as 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 w ithin the jurisdict ion of an agency of the United S tates of America and the making of a false, fic titious, 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 n otice to the Contractor if at any time it learns th at its certification wa s erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secre tary 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 discriminat e against U.S. firms published by the USTR or
2) whose subcontractors a re 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 o n 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 ag rees 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 discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

Item 3A - Page 74
This
certification is a material represent ation of f act upon which reliance was placed when making an award. If it is later d etermined that the Contractor or subcont ractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

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FAA
– 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervis ory 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 execut ive, 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 veter ans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
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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)

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ATTACHMENT B
CONSULTING SERVICES AGREEMENT NO. 23Q388
WITH RS&H CALIFORNIA, INC.

Item 3A - Page 78
C ONSULTING SERVICES AGREEMENT 23Q388

ON-CALL PROJECT SERVICES FOR PALM SPRINGS
INTERNATIONAL AIRPORT – ENGINEERING

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on January 15, 2024, by and between the City of Palm Springs , a California charter city and municipa l corporation (“City”), and RS&H California, Inc., a California corporation, (“Consultant”). City and Consultant are individually referr ed to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires t he services of an engineering firm, for On Call Project Services , (“Project”).

B. Consultant has submitted to City a proposal to provide engineering services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reput ation, Consultant is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Consultant for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained her ein, a nd ot her val uable consi deration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONS

ULTANT SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Consultant shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exhibi t "A" includes the agree d upon schedul e of performance and the schedule of fees. Ser vices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by 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 . Consultant shall comply with all applicable fed eral, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 3A - Page 79

1.3 Licenses and Permits . Consultant shall obtain at its sole cost an d expense such licenses, permits, and approvals as may be required by law for the performance of the S ervices required by this Agreement.

1.4 Familiarity with Work . B y executing this Agreement, Consultant represents 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 f or completion of the Services to be performed by Consultant is an essenti al condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according t o the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services render ed under this Agreement in accordance with the schedu le of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $14,700,000.

3.2 Method of Payment . In any month in which Consultant wishes to receive payment, Consultant 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 f orm approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” fo r authorized services performed. City shall pay Con sultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.

3.3 Changes . In the event any ch ange or changes in the Scope of Services/Work is requested by City, Par ties 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 provid e for revisions or mo difications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

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 terminate without penalty to City. City shall promptly not ify Consultant of such termination.

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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 Agr eement shall be performed under the agreed upo n schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consult ant's reasonable control including, Force Majeure Events described in Section 4.3.

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 Consultant notifies the Contract Officer within ten (10) days of the becoming aware of the Force Majeure Event. A For ce Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or ot her natural disast ers occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamat ions and orders, rules to protect the public health, wel fare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services f or 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 Consultant will not r eceive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y 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 con tinue in full force and effect for a period of five years, commencing on January 15, 2024, and endin g on January 14, 2029, unless extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the f ault of Consultant and cons titutes 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, Consultant shall immediately cease a ll Services except such as may be speci fically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City sha ll not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the te rmination is for cause, the Ci ty shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's c orrective action.

Consultant shall be g iven reasonable opportunity to cure or remedy the deficiencies prior to any Item 3A - Page 81
corrective action or termination by the City. Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Joe Jackson, President. It is expressly unde rstood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement.

Therefore, th e foregoing principal shall be responsible during the term of this Agr eement f or directing all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

5.2 C ontract Officer. The C ontract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully inform ed of the pr ogress of t he performance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontractin g or As signment. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other in dividual 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 c ontain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subc ontract any part o f this Agreement by City, Consultant shal l be re sponsible 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 I ndependent Consultant. N either City nor any of its employees shall have any control over the manner, mode , or means by which Consultant , its agents or employees, perform the Services r equired, except as othe rwise specified. Consultant shall perform all requir ed Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly in dependent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant 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. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withhold ing, unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

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5.5 Personnel. Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant 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 th e unrestrict ed right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.

Name: Title:

Joe Jackson Contract Manager/Project Executive
Joel Ericson, PE Engineering Project Manager
Keith Nic, PE LEED AP Buildings Project Manager
Phil Leung, PE, LEED AP Quality Control

5.6 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which requi re the paym ent o f prevailing wage rates and t he performance of other requirements on certain “public works” and “maintenance” proje cts (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “m aintenance” p roject, as de fined by the Prevailing Wage Law s, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consul tant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penaltie s or interest arising out of any failure or alleged failure to comply w ith the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of a pprentices (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 constructi on, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the sa me of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Indus trial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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6. INSURANCE
Consultant 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 per mitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless Ci ty, its elected officials, officers, employees, agents , and volunteers ( collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits , claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), includ ing but not l imited to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner aris ing out of, pertaining t o, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant , its officers, employees, representatives, and agents, that arise o ut of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no c ircumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consul tant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all a ctions against the Indemnified Parties for such matters in demnified are fully and fi nally 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 Consultant’s obligation to defend, indemnif y, and/or hold har mless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limite d to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of t he Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by t his Agreement , or as the Contract Officer shall require.

8.2 Records. C onsultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and e xpenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to prop erly perform the Services required by this Agreement and enable the Co ntract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all Item 3A - Page 84
reasonable times, including the right to inspect, copy, audit , and m ake records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifi cations, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be th e property of City upon payment of all amounts due. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a resu lt of the exercise by City of its full rights or ownership of the documents and materials. Consul tant may retain copies of such documents for Consultant's own use.

Consultant shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . All drawings, specifications, reports, re cords, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the pr ior 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, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and i nspect all accounting books, r ecords, work data, documents, and activities directly related to Consultant’s performance under this Agreement. C onsultant shall maintain s uch books, records , data, and documents in accordance with generally accepted accounting principles and shall cl early identify and make such items readily accessible to such parties during the term of this Agreement and for a peri od of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 Californi a 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 C alifornia.

Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall b e inst ituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Consultant 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 negot iation between the Parti es.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed agai nst the drafting party, shall not be employed in the interpretation of thi s Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and sha ll not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver . No delay or o mission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessa ry City’s consent to Item 3A - Page 85
or approval of any subsequent act of Consultant. 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 a nd Remedies are Cu mulative. 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 P arty of one or more of such rights or remedie s shall not preclude the e xercise 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 t his Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 At torney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judic ial proceedi ng, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover fro m the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Em ployees. No officer or employee of City shall be personally liable to the Consultant , or any successor -in-interest, i n the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agr eement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination . In connection with its performa nce un der this Agreement , Consultant 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 stat us, cu ltural or linguist ic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layof f or termination; rates of pay Item 3A - Page 86
or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full c ompliance wi th the provisions of Palm Springs Municipal Code Section 7.09.040, including without l imitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or com munication that either Party desires, or is required to give to the other Party or any other pe rson 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 Pa lm Springs
At tention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Consultant: RS&H California, Inc.

Attention: Joe Jackson, President
5901 W. Century Boulevard, Suite 1030
Los Angeles, CA 90045

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and can cels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the P arties 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 by all Parties.

11.4 Severability. Whenever poss ible, each pr ovision of thi s 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 phra ses, 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 shal l not affect any of the re maining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which s hall 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 i n 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.

Item 3A - Page 87

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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 wi th California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consult ant shall als o certify co mpliance with the Russian Sanctions Program by completing the form located in Attachment “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 S ervices is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequa tely comply with th e provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict b etween such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 3A - Page 88

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND RS&H CALIFORNIA, INC.

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates s tated 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 C ity Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 3A - Page 89
EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 3A - Page 90

SCOPE OF WORK

1.0 Background:

1. T he Palm Springs International Airport (Airport) is a Small Hub airport owned and operated by the City of Palm Springs under the administration of the City ’s Department of Aviation. The Airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California (3400 East Tahqui tz Canyon Way). P SP Air port is a key component in local tourism which is the largest industry fo r the nine- city Coachella Valley. The Airport is experiencing extensive gr owth with nearly 3 millio n total passengers in calendar year 2022 and hosting 13 airl ines providing 70 daily f lights during peak season. PSP also features Signature Flight Support, Atlantic Aviation, private hangars, two runways, an Air Museum, and an FAA Air Traffic Control Tower.

2. The Airport utilizes consultant services in the various disciplines of work to assist the Airport with the planning, design and management of various projects on an as needed basis as outlined in the scope below.

3. Work will be on an as needed on call basis. Authorization of the work will be by individual task orders. No specific amount of work is guaranteed, and the contract values are based on budget amounts for projected needs.

1.1 Scope:

A. Engineering Design Services –

1. Consultants will provide engineering design services for projects such as and including; taxiway, runway, apron, and roadway improvement s i ncluding:
pavement reconstruction; design/en gineering of subgrade stabilization; and design/engineering of airfield drainage improvements; air field electrical improvements including lighting, signage improvements and energy efficient retrofitting; updat ed airfield markings, etc. The Consultant will also pr ovide engineering design services for projects such as and including; Terminal facilities, airport operations & Maintenance facilities, Airport Rescue Facilities, aircraft storage hangars, rental car facilities, and ground transportation improvements. Tasks include but are not limited to the following:
a. Prepare all detailed plans, repo rts, analyses and schedules for meeting project planning requirements, including Airport Layout Plan c onformance, Cost Benefit Analysis, SMS, FAA Risk Assessment, and en vironmental analysis and approvals.
b. Assist with programming new projects and scope development. c. Prepare schem atic plans, design development plans, then final plans and specifications in such form as to co mply w ith the latest applicable laws, building code s, ordi nances, and FAA Advisory Circulars, as amended and other applicable CALTRANS , TSA and/or FAA rules, regulations, and guidance.
d. Ensure that all applicable sustainability goals and loc al engineering requirements and processes are addressed with each project. e. P repare all phases of design documents conceptual through design development and permitting , construction documents, and other required drawings, bid documents, as well as technical specifications describing the Item 3A - Page 91
size
, cha racter, and quality of the entire pr oject. Revise documents as needed to the satisfaction of the Airport , FAA, TSA or other funding agency’s guidelines.
f. If applicable, ensure that projects meet all provisions of the storm water pollution prevention plan (SWPPP) and air quality mana gement district (AQMD).
g. Prepare and submit itemized project cost estimates at the planning, design and construction phases.
h. Assist with the preparation of addenda, interpret the construction documents, and prepare clarification documents.
i. Attend pl anning, preconstruction, pre- bid, and construction meetings as scheduled, and prepare and distribute meeting summaries. j. Provide construction administration services during construction. k. A nalyze substitutions, test reports, materials, equipment, systems schedules, shop drawings, laboratory results, samples, etc. and make recommendations to the Airport.
l. Prepare and furnish final record drawings and specifications including such revisions that may have been made in the course of construction.

2. T he following compilation of for ecast airport projects illustrates what may transpire for the Palm Springs International Airport professional services work program over the next five years. The final determination and outcome of these projects will be dependent upon many variabl es, incl uding but not limited to; available funding, source of funding, industry incidents, regulatory changes , changes in activity forecasts, and other factors. The list of projects may include, but is not limited to, the following:
 Pavement Management Pl an/Pavement Condit ion Index Report creation, including field analysis and report.
 E ngineering services for Airside pavement repairs and rehabilitation.  E ngineering services for Runway and Taxiway Safety Area maintenance and drainage repair.
 E ngineering services for public vehicle parking lots and roadway repairs.  E ngineering services for the replacement of the terminal escalators and elevators.
 E ngineering services for the replacement of the t erminal HVAC (heating, ventilation, air, and cooling) infrastructure.
 E ngineering services for Terminal baggage claim sy stems replacement and associated building additions/modifications.
 E ngineering serv ices for current rental car facility additions, renovations, and/or expansions.
 E ngineering, services for the installation of automated exit lane technology.  E ngineering services for the terminal gate/expanded holdroom and associated equipment expansion program.

Item 3A - Page 92
 E ngi
neering services of the terminal baggage handling systems replacement and facility modifications.
 E ngineering services for the addition of electric charging station infrastructure.
 E ngineering services for a new Federal Inspections Services (FIS) Facility.  E ngineering services for the addition of misc. Terminal ADA improvements.  E ngineering services for the replacement/rehabilitation of terminal roof.  En gineering services for New Consolidated Rental Car facilities.  Assi stance in the Acquisition of a Zero -Emission Airport Vehicles and Charging Stations.
 E ngineering services for perimeter fence and security enhancements.  E ngineering services for the Installation of Airport Solar Panels.  Engineering services for all Taxiways and Taxiway connectors rehabilitation/reconstruction.
 Engineering services for Runway 31L and 31R rehabilitation/reconstruction.  Engineering services for design and construction of a new Remain Over Night (RON) parking apron.
 Engineering services for the design of misc. airport drainage structures.  Engineering design services of a new Airport Fire Fighting Station

1.2 Schedule:

Work will be conducted on an as needed basis and authorized by individual task orders for the work. Each task order will outline the timeframe to complete the work.

1.3 Compensation:

Work will be compensated on an either an hourly rate time and material or lumpsum ba
sis as outlined in the task order. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is mo
dified for additional work requested by the City.

Item 3A - Page 93
Item 3A - Page 94
Palm Springs International Airport
Hourly Rate Schedule
On Call Project Services
RS&H California, Inc.

Total Loaded Rate Through
Employee Classification December 2024
Intern $78
Aviation Planner 1 $116
Aviation Planner 2 $134
Aviation Planner 3 $156
Aviation Planner 4 $203
Aviation Planner 5 $234
Aviation Planner 6 $265
Aviation Planner 7 $297
Aviation Planner 8 $406
Environmental Planner 1 $125
Environmental Planner 2 $134
Environmental Planner 3 $175
Environmental Planner 4 $203
Environmental Planner 5 $234
Environmental Planner 6 $265
Environmental Planner 7 $390
Environmental Planner 8 $515
Airfield Engineer 1 $131
Airfield Engineer 2 $140
Airfield Engineer 3 $159
Airfield Engineer 4 $197
Airfield Engineer 5 $256
Airfield Engineer 6 $297
Airfield Engineer 7 $312
Airfield Engineer 8 $359
Aviation Architect 1 $119
Aviation Architect 2 $134
Aviation Architect 3 $172
Aviation Architect 4 $187
Aviation Architect 5 $228
Aviation Architect 6 $250
Aviation Architect 7 $297
Aviation Architect 8 $359
Buildings Engineer 1 $125
Buildings Engineer 2 $140
Buildings Engineer 3 $172
Buildings Engineer 4 $187
Buildin gs Engineer 5 $265
Buildings Engineer 6 $297
Buildi ngs Engineer 7 $312
Building s Engineer 8 $359
Admini strative Assistant 1 $78
Admini strative Assistant 2 $84
Administrative Assistant 3 $100
Administrative Assistant 4 $109
Project Officer $500
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 3A - Page 95

INSURANCE

1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant’s performance under this Agreement.

Consultant 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.

Consultant shall also carry workers’ compensati on insurance in accordanc e 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 advanc e written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, and authorized agents, as additional 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 Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees.

2. M inimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:

A. Comprehensive general liability and personal injury with limits of at least one mi llion dollar s ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dolla rs ($1,000,000.00) per occurrence;
C. Professional liability ( errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurre nce an d two m illion dollars ($2,000,000) annual aggregate is:
___X__ required
______ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of a t le ast on e million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Consultant’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, and authorized age nts. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, and authorized agents, shall be in e xcess of Consultant’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 3A - Page 96
contribution it may have against City, its elected officials, officer s, employees, and authorized agents.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Consultant provides claims made profes sional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims m ade w ithin t hree years o f the comple tion of Consultant ’s Services under this Agreement, or (2) to maintain professional liability in surance coverage with the same carrier in the amount required by this Agreement for a t least three years after completion o f Consultant’s Services under this Agreement. Consultant 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 requir ed in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provi ded by insurers admitted in the State o f California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.