Item 3B - Page 104
IN W ITNESS WHEREOF, the CITY and the CONTRACTOR have e xecuted th is Agreement on the day and year first written above.
City of Palm Springs
Grace Elena Garner
Mayor
Teresa Gallavan
Inter im City Manager
APPROVED AS TO FORM :
Date
Date
Palm Springs Disposal Services
SIGNED lN COUNTERPART
Rick Wade Date
Chief Execut ive Officer
SIGNED IN COUNTERPART
Chris Cunning ham
President
Date
~cd~ Je~ ;nger ; tht.v-\J~ "3 2-:....::....::az::....£3 ______ _ City Attorney
Brenda Pree
City Clerk
Date
APPROVED BY CITY COUNCIL
'l-/ -.,2,f)l,Z 11-uri 2 ,G At.37g
Palm Springs Agreement Page 90
Item 3B - Page 105
Palm Springl
EXHIBIT 1: MAXIMUM SERVICE RATES
Exhibit 1 EffKtlv• Dato 10/1/22
Monthly rate unl&M OlhetWlse nOIA!d Proposed Schedule of MaKimum Ratel Soni<•~ 1~-1/laE#ocf\191"'-""Ral 111m • T/f/11'~ Elf. 1~ ~Ouctipb l R• E!lllc1i\io I /!,lo ffll<h , ,,.,,.,..,, R• 11'1121'' 1N12" Ell, If/VU
RESIDENTIAL SERVICEsfl! B~SIDEJ/TIAl al;R'il!;~~ WUlllld CART SERVICES Customized Strvw . _.....,. .. nal tlrt ""' kuft one llmt on'" Buie Cwblldl Stmc:e:"'~ (Far., m'lpd:-1{) m .,,Clllon•ra,~~ dii'fJ Eco- Slf'llce lholM -~~'Bas,c ,.,.,....,.. ~-•ce' elf 10/1/221 Curbaldt StMCI llonn•!x Economi & faml!x V~u1}1 1ac:II can ,~e•...r· s 25.89 s 19.79 s 2593 lndiyi:lual Btlrq s 1.05 S 0.69 s 25.00 Mas!erB.IJnqrn s 2614 s 19.70 s 2565 Mas1StBilflll9 s 1.05 s 069 s 25.00 Flfflllv Valla StNtc. ,_ ronamoo '!!Mc - " e' etr. t~/221 Walk~n Strvica, ucll cart lndMdualBJm s 35.60 s 2(34 s 25-93 lndivlooal 11<1110 s 1.05 s 0.69 s 25.00 Masllti!iJ!ng s 36.19 S 24.31 s 25.65 Masier Billing s 1.05 s 0.69 s 25.00 CUSTDIIZED SERVICES~ (Ea. CIJ!lomzed SM1C8 ad1ed kl oosl o/ 8aS>C Cllbslde Sw;J C111tomlzed Sffilc:e · ~82!! Cart Curtcwnlud Service , Walk-In St!Ylct lnc!Mlual Bilrlq s 1.05 $ 0.69 Noact!\tee lrm!Oual BJlm s 29.26 s 25.03 s 776 Lfas!M Billing s 1.05 s 069 Noact!\lee Mastet Btlfl\l s 29.35 s 24.90 s 7 76 Cuslomllld Stt'llc:e, 2nd W1tk!:i olc.lt·!!ll Cust-"'"" St.....,, Estai1 s.Nlct s S0.66 s 64 99 s 6066 lndlvld,Jal 8,lrq s 1.05 s 069 s 25.00 Customlz~ Sorvlce. Extra Distance Chatg• ~ s 1.05 s 069 5 25.00 Ea. 51).ft lnet1,,,.,I bo1ond 50-11 s 6.01 s 5.93 s 8.60 Customb:ld Sttvl,... • UnconlJln~ Wasta ,...,.,,,"1 Customlz~ StMCI, Vacation RonW P,_,,, IVRPI Slfvlc. lH"1N1i'J Buie Cutbsldt Suvlct n/a nla s 5.00 Reql.rin!d lo, permitted ~Ps nl~ nla s 27 00 Wlik4n liervk:t n/a n.'a s 6.80 Customlz~ Service, Additional Carts Customlud s.rvic.. Manual Colllcllon'"1 Na'e. E/focM tcrtm add'I reeyr:JwJ Cl/IS 6'J no kn)er be lroo M111ual Coli.ctlon Econ2!l!lf !Basic Curtisl!M) Service Basic Curbsl!!t (Econom~ & Fam~ Valu•l Str;tu Add'1 Carl, ueh cart lnlfiva.a! ll<Trtg s 28.90 s 22.79 s 4.72 ndMdua!Unq s 9.03 s 6.15 S 863 MasterB~llnq s 29.11 s 22.64 s 4.72 t.laslerBi!it,g s 8.99 s 6.11 s 863 M111u1I Colloction Famllv Valut (Bask Curbsldtl Strvlu Aden R~ l ng C'alt lndl'1dual BIJno s 39.22 s 27.90 s H2 A~t Addltlon.al Cart Free Fnio s 863 Mas1er Billlng s 39.n s 27.83 s 4.72 Eac:11 Adrll Cart • Curl!Jldl s 2.69 s '2.66 s 8.63 Manual Colloctlon Walk,ln Service w .. -1n SotvlCI Addlllonal Ca!!, uch wt lndMdual 11<1ing s 33.25 s 28.99 s 13.06 ndiy,dtJal81Sng s 14.54 s 12.49 s 1146 t.lastef Biling s 3l30 s ;8.84 s 13.06 Master Biting s 14.41 s 12.3a s 1146 Manual Colloctlon Estlll SeMCI Add'! RKvcll!!i Cart lndiwlual Btlrg s 90.76 s 74-97 5 74.81 Fltsl Addlllonal Cart Frw Free s 863
Each Adrll Cart , Walk-In s 601 s 593 s 863
Palm Sprin gs Agreem ent Page 91
Item 3B - Page 106
Palm Springs Exhibit 1 Effective Dalt 10/1122
MontNy rate unless othetwise noled Proposed Schedule of Maximum Rates s...~ I RlleEIKfvl I R,e,£ ....
1 PropoAd/1111
IM1111 Tlfm~ El. I~ Srilaana.,... 111,NfJd,w I Ral>Bfdwl 1....-11111 111ll1"' mm"' El, 1t11122
RESlOEMTIAL SERVICE~ con.mutd B~illOOIAI. &s.m.~t ,Alliimld k:ustonmd StlYica • lbnLIII Colllcllon Additional Cw lllSCELlAHEOUS CHARGES Curbsldt Sllvb, uc:h ~ WNklY DlctlJ~ Cllan11t Stl'llct ChWi!I s 25.00 S 25.00 s 25.00 nt,idual Bing s 10.07 s 707 s 863 Rllft!act Call Ctwn. s 67.42 s fi6.78 s 69.84 ~etBdling s 1QOO s 5.98 s 863 Rllllmtd Chtck/Falltd Eltdronk Pa-•111 Wllk~n S1Ma. NCh cart WN~DlciuD E.achf!'lelll s 35.00 S l'i.00 s 35.00 hMlualllAnq s 15.37 s 14.26 s 863 Pasl ll\Jt Char111
MaS!erBilltlg s 1522 s 14.09 s 863 ~ or more pas1 due (pet mo.) 1.50% I.SO,, ·~ -
"uslomlztd StMCtl • Manual Colltctlon Exira Cart Ont Time Piuuo Dlllnto•tnt Account Ch11r11 fF<,anll!lipd.,;pl,n,nanyca'la,alllJIHCh,,JJedc:al6dola.1-} A;ijt:feltod~all011l 20'!, 20'!, m Curbsldt mtc. llonnttl't Eto!!!!!!!i & flmllr Vafuel, each tall COMMERCIAi. SERVICES'" ~ldu.illlAnq s 1.58 S 0.88 S 25.00 Commt!clal cart Strllct ~lal1er8illing s 1.58 s 0.88 s 25.00 Valu1Smict
Manual Colltctlon Walk-In Sttvlct, tach cat! Each can ead! plck-\JP day s 36.13 s 29.79 S 32Ali lnii-,1lualllAnq s 1.92 S Ui6 s 2500 Add'! tall ooe In pd 141 s 517 $ 3.71 S 4.04 ~laster Baling s 1.91 s t67 s 25.00 St1ndard (Walk~nl Stlvlct tuttomlud Strvlcas • Gretn Wn!t Stlvlcts'tll Each cart eaai pd-up t,ay s 70.ffi s 65.23 S 71.09 On. Time Sijisc11otlon Char!!! s 14.15 tmoor\iraied OsaJ1!nJe.i MIi i:a, ooe Lme pdup s 8.78 S 7fi7 s 8.34 Curbside Sttvlce Commtrdal Can Service
Can&Ma\la!Se!lte Free Free Fret ValutStnlu
Walk.in G!Nn Wastt CWI & Manual Walk,ln Stl'llct 4 cw each pd-11p day s 36.13 S 2979 S J2.4S Calt&MnialSllMCII s 601 s 5.95 Free MIi can one ame pd up s 5.27 s 3 71 s 4.04 BULKY ITEM COLLECTION Slal1dard Malk•lnl S.tvlu
Flr112ftlffltllt Fl98 Free Free 4canseachpd~day s 70.05 $ 6523 S 71.09 Additional lttms, NCh s 7.53 s 747 s 25.00 Md! can one i!ne plckoo s 8.78 s 7.67 S 3,34 Appffances Custom Sef'llct • 2nd Weaklv Colltetlon
Vere of lite Bulky lll!ms free Free Free S!indard IWalk-lnl Sttvice AsanAddllooal lleln s 67.06 s 66..42 $ 69 50 Added !Nfge pi!farl 2nd IQ·~ s 70.ll S 65.30 S 7l17 SPECIAL HAUL SERVICE Custom Strkt • 95 GaDon can
Each 15 mlnutt lncrtmtnl s 16.41 s 16.27 s 25.00 1/atu, 95 SeNlct Ea-:h95-gabcan s 53.45 S 44.03 S 4A.01
Addi cart CllH118 ptdl~ s 7.62 S 5.41 S 5.89
Palm Springs Agreement Page 92
Item 3B - Page 107
Palm Springs Exhibit 1
Proposed Schedule of Maximum Rates
Efflcilve Date 10/1122
Montlvy rate u~ olherwise nol8d
Sffll~ I ~ .... , l!IIIEWw I"""°""' !bit
111111"' 1M1." EJ. IO'l/22 Sril~ I /WrEMrt I '"EIJldh I ,.,,,...Ila 111/Zf• 111111"' EL 11'1111 COMMERCIAL SEIMC£~ conllnutd COIIIERCIAl SERVICES, tonllnutd ICuSIOffl Serlkt. 95 Gallon Cart contiluld 3 CY Bil ...,._ condnulld Wal-ln9S5ttvlct Sa!urdavlh<iidat setvla!
Each 95-galon C8rt s 103.64 s 91146 S t05H Eachbr> s 131.30 S 121.20 S 132 10 Md1 c:ad O!Hfflepid~ s 1103 s 1t36 S 12.39 3 CY R•..,.JIM Bin Strllct Comrnttdll Catt R......tiM fl!Stbinw!lllone-~eg:ifll Fft'l& Fr s 10484 fll!l 131 wllh one W!Jeldypid-141 Eachaci111inQ!weeti'IDICi.:!!ll s 55.37 S 54.84 S 84.17 Vus.-.b Free Free s 10.82 Cooiamnaied nic-.dm tm s 100.22 S ~).(2 S 98.55 Wa'k.i,Sri:e s 2169 4CYBlnSffib
Add'! c:ad 01 add'1 ~ pidc-141 First flltlJy pid:ll~ s 271.96 S 218.56 S 238.21 VautSeNit:11 s 2.83 S 2.80 S 106 Eadt aal!W pdi4) s 228.13 S 175.16 S 190.91 W:A.i,Ser«e s 6.34 S 6.26 S 6.84 Nall days.er.it:t.
Coffllllltdal Bill StNla First bin s 113.67 s 11ll79 S 109.83 2 CY 81n Slrvfce Exhm1lonalbn s SS.84 s 4lSO s 47.40
Fustsypaup s 155.11 S 12824 $ 1178 Protity sarroe dat ser.ia1 Eadl acWmal paup s 129.59 S 102.96 S 112.23 utll bin $ 144.73 S 131.$ S 1~36 N~ day Sl!MCI: Sa!urdav/lKiidav llllf\'l:8
First 11n 5 8550 S 18.78 S 85.56 Eadl bin $ 144.73 S 131~ S 143.36 Eadt aaiia1al bin s 31.00 S 24.79 i 1.l.02 TtmMran1 Bin °-w ......._ Prioritv same day seM:e: 3-CY 7-d~ Clmn-UQ s,, s ;m.69 S 159.54 s 180.33 Eadt bi, s 116.58 S 109.56 S 119.41 Mooll'lyR!!llal s 562.63 s '.152.90 S 502.19 Sah.rdm,olida~ser.xe EJChexrsaoicX-llp s 175.56 S 126.n s 173.88 Eadt bit s 116.58 S 109.56 S 11941 ~tiled c&O Oflm llMn!d l CY Bln Swvlce 3 Cf 7-dav Conslruclion Sri $ 165.10 S 122.19 S 17188 flf'Sl Me!Jy pi(tUf) s 215.92 S 175.75 S 191.57 Each 8Jlra pick.qi s 165.10 S 122.19 S 173.88 Eadt alliuooal pauf) s 182.87 S 143.04 S 155.92 Wk1'i rental !no activ!ti for 7 d;ml n/a nl• s 98.88 Nell day SSY!ct· Statlo .... r.....,acto, Serilce
fl!SI tin s 100.22 $ 90.42 S !1!55 2 CY Cooioactor (I!!!! DICblol s 139.61 s 120.36 S 131.17 Eadtad:iia1albln s 44.82 S 35.55 ~ 38.74 3 CV Cool)actor ~r OICkwl s 157.87 S 129.99 S 141.67 ~ same day Sffiia!. 4 Cf COfmactrt (I!!!! lid~} s 176,39 S 139.75 S 152-31 Eadt bit s 131.30 S 121.20 S 132.10
Palm Springs Agreement Page 93
Item 3B - Page 108
Palm Springs Exhibit 1
Proposed Schedule of Maximum Rates
_ _,...., 1-aww 1-EJllodw I,.,._, Iba 1/1/U 71fJV."' EIL IIV1/Z1 s.w,,~ Effective Oat• 1 Q/1/22
Monthly rate unlos.s Dlhotwlse no!ed
1 ~flltcfiw 1-Bkfk 1,,.,,-- 111m" 111111" Elf. 11(1/U
COMMERCIAL SERl/1CE~ contin11td COMMERCIAL SERVICES, continued IIIICIIWl80UI r. ···• Soura Se··-•·• G-Wuta ,antlr\lJd Return T nQ • lnacx:wtle 8lllS s 47.76 $ 47.29 S 4941 2-CY Bin Bin Relocalon~hafQ!! first bin s 199.03 s IZU0 s 200.33 fllSIBin s 45.59 s 45.17 $ 47 17 Eadlaoil<lrelbol s 199.03 s IZU0 s 209.33 Each Mlioonal Bin s 15.60 S 15.44 S 16.14 3-<:Y Bin
Roll-CMC•-s 75.00 $ 75.19 S 78-53 f,rst bin s 278.56 s 165.32 s 29H3 C11rtlCh.,..t s 75.90 s 75.19 s 78.53 Ead\adcif<.mli)n s 278.56 s 165.32 s 292.43 s-•••td Enuln111tn! c~ .. -s Ill.SB s IJUJ s 1Ja19 c.nnabil Wa•II Doalffllnbtion F• lockil• Bin~-: Wical1 s 30.71 s 30.42 s 33.16
fllSlbon~ s 86.67 s 35.114 s 89.66 ~ydlalge lcrweekly tcleclms $ 133,06 s 131.80 s 143.65 EJch adlSticnal bin s 4IB2 s 4142 s 43.27 Sourtt Stft-tad Food W- Con•-1or-0Yldtd loclt cha~ s 29.09 s 28.82 s :.1.10 32-Gallon Cart Clan OUISldt Bin Endol<JII s 38.06 s 3770 s 39.38 f,rstcan $ 70.36 $ 68.0! s 74.16 l'ltan A Walh Bin r••~ Eachaddllilalcan s 40.24 s 38.20 s 41~ Fw1tbul s 86.67 s 35-114 s 8966 §}Gallon Cart
EJch..wcnalbin s 37.17 s 36c81 s 38.45 fhlcan s 102.« s 98.12 s 106.94 Bin Enclos,,11 ci.antn• Each aditlonal can s 12.32 s 68.28 s 14.42 8a!ic seMCll per !Ill-fl s 327 s l22 s 3 37 2CY81n
pow,y wash-· per sq. ft. s 6.51 s 6.46 s 6 74 Fist bin s 467.21 s 443.34 s 48321 CIII Relalld r .. w adl!itmal l)n s 467.21 s 443.3( s 48321 Ex:raDs:ancaCNltgi s 6.34 s 626 s 6 55 lo..urtt Stn.~1.td Mired ""'•nit..,_,.
Cardboanl Bax Chafll8 s 6,46 $ &39 s 668 32-Gallon cart lr--htntlw lns-dlo•• -hr rh n'a s 138.19 Fhtcart s 55.l7 s 54.00 s 58.85 ln...anlc Waste Dt..rslon S.n,tc.: Each~alcan s 2625 s 24.16 s 26.33 Sourca St•.,.,.,. Groon Wutt ~nCart
32-G>lloftCa,t Flrstcar1 s 72.01 s 6960 s 75.85
Fi,sican s 2,422 s Zl.96 s 26.10 EJChm1tma1car1 s 41.49 s 39.76 s 43.33 Each adlifooal ca1 s 10.03 s 9.90 s 1078 lCYBin
65-Galloa Calt ~tbin s 346.07 s 329.77 s 359.42
R.-stcall s 41.10 s 4061 s 44.27 £,;ic/\ aililk:nal lln s 346.07 s 329.71 s 359.~2 Ead, adl,fa,al ca1 s 10.98 s 10.77 s 1174
Palm Springs Agreement Page 94
Item 3B - Page 109
PalmSprlniµ E11hlblt 1
Proposrd Sct,edulr of Mulmum Ratrs
Effec;tl,,o Dai. 10/1/22
Montliy rai. ""8u °""""""" noaMI
--... 1--1-- 1.._.-IND 111112' BllWU
s.,,a_,_ 1--1-- 1~/t-vrm ' 1/f/11 • Bf inn
~~~ ~tRY!l,gj , l!!!!~H!l! BOU-Off gRVICfl, e!!!a!!ll!!! ,.. ......... -.. , " -""" ~ •Dr-"•
.~..i... ..... . _ .... ___ ...................
,. __ .... Cl> .... "'11'"" ~ml haul I!! !l!!dNI:
Eacll- s 35.00 s li00 s ~00 ~11!1 OINmld l!!C!ll rac11e1 p_. n,-,c~ .... N!Clla,vol $ ll6HO s l!iS,f7 s !135.41
9Ckl¥ettnCttposl<IUt(po,fN).) 1.50% 1~ 1.SO,. TOMaQO•- INt (pot Ion) s n58 s 76l0 Ma/Ul,wo 1n..1.._. .. ~ A-•n1 ,..,..,._ WnJ!oetllrmdn~~"
~Ill~- m 20'4 20'4 Mo..rgoo s 969-!6 s !leO.ll s I 0!1'4 ROU-Off SflMCES"' Tcmago-b.wd F-t,. IOOj s nsa s 7621
-....
D-M Rn.1. N....a _ _. w -•• r.-.- ... ........ , Na ... _ .... w- ·•· ~!!!&Ii 19.;M!U!,Y Comoactot, to, tj, 1! HI~!.!
~ s Zl!i 14 s m.aa s 375.00 .M.li!li!lll s 58175 s m.21 s 585.00 l -flllllllll!l!I s n.51 $ 76.211
--
T..,,,..,. ll!!ll!l Fm Im:! Rll s n.51 s 7&.211 Mai\OIRalt PnRenlalQwmo s JJ74 s 3342 s Sl57 c-...-JN Di'IONd W1111 l~a ...... ~W-•• kli!!!l!KII!, !IL n, 19. HA~!,Y
Dobtl&!!!!, l!illl,l0 l 40CY ~ s 17948 s mn s !,95.00
Pu!Q,¥po{loEHTSA'ttJ s 210411 s 20647 s 37500 TIIMP9f:l),ad F-IWP,I s 7758 s 7620 Mill\llRalt T<rNClHIMOd Em Ill!! ""I MattllR .. L1artal Ra• Llcrlo!ciw. Wi•-11• .. -•• r-.. --r•·-- Dlll)'Rdalo.a,pt s J0.07 $ 2979 s 53.57 RI!!!!! T!!J! '-!Y!:111 s Ha& s 47'1 s 50.20 l!t:d!ll!III 119!!. tQ NaN I~ !.l J!!!!b!!oun~ !.!!mt s 93511 s 9269 s 'll.16 ellll:!!111!11l!!Tt1a,ian11~ s 210.-48 s 206 47 s "5d00 Bt19Rtt Cbtl'A• s 47.86 s 47'1 s l0.20 1-fmlll!I!'.~
-- --
Marlalllalt floclt!Mty C lwqt s 1~ s 121.JII s 126.52
PmBm!Pwa s ll.01 s 2971 s 6429 11!2!!mb'. l!l!IDl!!ll!!Si! - s 108.IO s 107 le s 114.11 Iii ·•••r•-o.- lifflla!lml Eo"1Hn,nt ChllJII s 14022 s 131.89 s 147.07 !tll!mid•!.hlra• s 47.86 s 4741 s 5020 UllK!l•~~!t!l hMa Iii! s 154.0 s 152.116 s 161.97 RoloalaCIIMgt s 47.116 s 47 41 s 5020 Sawr!!!llHol~ _. Add'I !!!: bo S 7609 s 75.ll s 79.11 Rtdtlyoty c11aroe s l22.5l s 12136 > l2a!>l Clffn Utt1t ialnund COfflPft!O! s 114 20 s 11311 S 119/ll SDld•llud Egutpmant Char@ s 14022 s 138.119 > 11707 CINn & Wflb C,00,, s 9101 s SIO 15 > 95.46 ~ s 15443 s 152.96 S 161.91 ~~!!!!!rt ,!!l•l!!A
Cltfft I WN/1 Cll>tat s 9101 s 90.15 S 95.46 e-..,_por,q ll s 3 16 s 31• s J.32 Ofl::l,gadiftg Ctwae s 11420 s 11111 s 119.78 _.,,.,,IIMClll)lltQl s 6 lO s 643 s UI I!!!!! Ii handlo m•l!!ill IP!II J!l:!ll s 1$1.10 s 12873 Markel Raia Qll-laiidrnl:h,Yop s 11UO s 11311 5 119.78 S.wnlrtlHold.1¥ So,vt.., Add'1 I!!! I!!! S 76,09 s 75.38 s 79.81 Palm Springs Agreement Page 95
Item 3B - Page 110
Palm Springs Exhibit 1 EffectlYe Date 10/1122
Monthly rate uruess OCherwlse noled Propowd Sch.,du l" of Maximu m Rates -~ -- RIME- ,,,_ __
~-------.,,...,,,..,.-==""".,...;.,.;.,c;:.....--,-J"-c_:;.;::.._...L._ar._1_ftl2 _ _ FOOTNOTES. conUnlJOd (11) ~ CcltJc:Jon r1qured for pmpertjes 1lUII cann0I ce wvlcod by• regoaa, ""'18 true!: -10 pltyOical IXlllSlranlS such as oll>lrlidlons. '""'"" ,Olllways. excessl118 bldorg ddlat)ca OI ""'1COIWIWional pa.9"""11. 35 Oil _ _ _ JS_._oo __ t 12) Grnen waste~ !ee discooonuod. SeMJI 1o be l1l)laald by o,gar,c sem:e ol!oc:r;e 10/1122. E£S111Q QlSD!lllfS .,., plld a IUIJocnpllon lee JS.Oil
1.50% ___ 1_.50'4_ ,. ... ellglble 10111)!:tyl<ra telJnd after lll/1122. (13) Elfl!dMI 10/lll2.. 8iAy llem i111t Increased lrom 2 MmS per)Olar
1..50%
FOOTNOTES
~ ---•20"4- ,to 2 Karmspe< l'OOIII\.
(14} Canmo<c:iaJ SeMces biled ~
(al a tempora,y eJOraOrdlna,y ra:a adjuswerilb- unusllal reqdng CXl61S appllcatilo b- 1he ponod 1/1/22 tvoogh 6130m; rd,
(bf a delayed 2021 annual lllta aq,1S1m1f11 a,lledad over lknonlhl IISlead of b USUII 12· -{2) The raes efftcij,. 7l1J22remo,,a ir,e eXJr.lOltin3ry rate adjur.unent and,_, 1he 2021 r.a ad;Jslment ID It's ncm,al io.91
(3) ElfeclM> 10/1122 tho ralOs lor ~ serw:es indudo.., new Stai.manda1ed 3-art ~-Iha! adds o,ganfc wawe car15 toex,smg trash & racycfng aW1S (- ,izes ~ by omer based upon \'Olume ganernttd at no adci1icnal ""') (4) El!eclNI 10/1122 tho 5e1Mct c:ategorlts of Ealnomy Sffiice & Famlt Value SeMa, Ml bt cbc:onlnl,ed . Toe rtk deslgna!lcn wit bt c.tled 1laS<: C.rtlsidc Sr,,ice' (SJ The ,.. lot Bask C!Mbslde Servica will api,ly to all resldetntal preml..,. ~ n:M!Ual !XlilectJOn.
(6) 'kovldual euwng• means eadl 5el'dC1I address recaves III own bilhng slab!mer1.
IIMIMdullly 8,Jled OCIXXl\ts ara blled quarta1y
[7) "Masle, Bil,ng' mmns a ~ bUng •~ issued to the designated rep<"""1ta1Ne ol a groupol •e1'lc:e ~--All.......,. addr- in a MaslO< Billed account m<ISt swsaa to ldertJcal seMCl!S . Llas1ot BJled aa:oins 819 bled monlhly. (3) Cuslom w,,;ice mu.sat• an illCtemlnlal rata ll!lded lo the rate b Basic Cllbsrde S8Mce. • Walk-In Sernc<t, lndivldJJal l!.lli>]·
Ba!IC Co/bslde SeMCe S 25.93
ADO for Walk-In Se Mee S 7 . 76
33.69 (9) Vacria, R8'llal !'loporty-ls 1h11 new rrm,rum stll>ice ,....,..,,.,,, lot ol p1m11tted ;acalicn ren:ai prope,1)M to, the ertf,_ p,r,od !hat 1h11 penM IS in alfecL tlcmo !Nl"O ~ •-pied tO!TI this S8MC8 .
(10) Pnor amingem<nl rllQ!On!d. Urconiailled tmh """l b&bagged. rote,~ 50 l>s.
Rafe apples to 6IICh bag ead\ plci<l4' day
{15) Paymerd '8QIJnd • dmeol&a1Vlc& aa:wn1 anangnwiis ........,.. _ Palm Springs Agreement Page 96
Item 3B - Page 111
Aow
1 Ac,w
2 3
4 s
' 7
Aow
8 Row
9 EXHIBIT 2A: RATE ADJUSTMENT PROCEDURE - CARTS
bl1ibit 2.A
ll11,te A.d.justment Procedure - Ca ru
Pace 1 of 2
S'TD' CHE: Olk.ilium IM''°""'UC,,, chanp In CPI
A. 8 C
P<,rt,entOlanp
in Incle,•
Previous Newlndeic l(Cokimn I/
Ihde.• k,deaV.,lue
J Value ' Cbh.1mn Al - .1.1
CPI UB.963 l2S.. OOO S.07.47"
STU' TWO. New M•.terial H...,dli"I eam,,onent Index
0 E. F
Plercent
Pteviou.s Ral'e Ch:anp,ln
F:sc.illtlN ' -
New lbrte .
[dam K!I Tr.ins f'er 5-!...cion: Refu..., $51-49 l-.9037<-' S,53.50 £dam Hill lran ,ler Sh!10n: Gree n W mte S,56,,0J 3.5529"-' 558.00 [dam Hill lran.t~• St>tio n: Miote:l Ri,,:ydlntt S91.64 l .6665!4'. S,9!>,00 Coa chella 'lolleyO,, m past: Orgi,nlr: W ••te S7S..OO S...333] ~ S79..00 5Ulblot.Hr Matcri.al .._....,.,_, ans & Cost wi'thDU1: Commodities G
TomU1ge
UMonths
'E...tio• Seat JO •
11,891.0
2 ,1.03.0
4,370,0
-
1.1..JM
Wo,;a.hted ,.,...,....., Cost oer Tan (Without Comrnndiho If....,, STEP lMREE.: Calcubrte pn-cen~ chanise m M:,ttriaJ Hanlllinis Ind"" I J ll
Newlndea Ptit:entO>ange
VallM! in lnde•
p,.,...,1ous jCalu mn "- ((Gok.lmnJ /
lnck!Jr k,du. v..i.,.,
L
llbw71 Coliumn I} • 11
tAate.ri:sl Hom flmg u,mporen: 61.5540 6 3.&'909 l .79~ STEP FOUR: Caitlculet"' the Permitted Pi,rtenbfF bt1e QQnp, L M N
Per·ccnt
°'""Fin
I...Sexjfram llennitted
Component Cohwnn C1 & Pert:l!rltlp
Co~ CDmpanenl w ..... hlin,.' ,11:171 ...,.__
Ccl h:ctlon Serv><:e Comoonern 76.90:26~, S.0747~ l.90~ H
&t.imated
Maborial
Handlirw Cast
6 36,16 9
12.1,974
<115,150
-
:Sl..173,.29J
S6:I.Jl909
JO Maiumw:n Allowed C·ailleafon S!!r'Wce Conmo""'nt Adlustment • 3 . 90U'A 6'.I Mox in any nte -,., .. r u M•t=l H..,.,,;..~ Componen t 23.0974\!i: 3..7964~ Q.S,j§B'.4 l2 Ti>tal P«"""'b1'" Ratio Ad) l2Stma!l 4 .7~
ST EP Five.: Cak..t .te the Cost Components w.,1g'h.tfng for Future Rat " Adjustme n t Cafcwa.tlon 0 ,p Q R s
p....,.,,."'C,.
Cit.a,.,,.., Cost
.llppled tc Ccmpone/lU
Cost llat,e R""""'rc,,&,d
Componem Ad"JU~tmmt to liq'u.il
( all. L ROW 9 jCOLM,ROW .tnc:rei'l.se: in Cost Cost Componrn.t 100'-'fot &<:OU. ROW 9& COl M , C.ompoc,"'1t:s l~.szd IFsub),.,
Raw Cost Compon"7lt 1-l) IROWU ) (0' P> (O + Q) Adjustmaru
1.3 Cclh,ction Sen•,oe Comoonont 7&.9026~ S..07.t7'",i 1.902~ 80JIOS2" 77.U!B'~
1.Q Molena! I h,n&l,,,<t COITTJ>Ol'Cnl 23.0974'1,'. l.79164\:/ OJl769"/ol 23.9741" 22.8807'¼ 15 ToUll 100.00'.W: 4.78.'!4 1.04. 1e.a. 100.ClO'!lli
P.alm S;ufngs. Co llccti<:>n Seo.rvte.e:i AsTecme-.nt
Palm Spring s Agreement Page 97
Item 3B - Page 112
l.Jh jbll 1A
llate A.dfus tme nt Procedure • Ca rti
Il l for rale.odju,lmenl opJ:liatian for Rote 'fe,,r July 1. 202J. tho •Previ0us .)r,du Value" ,hall be llB..963 . for wbs"'!""nl Me adju>tment ~ r""'""'° ._ lh• ~ ;odjm1m""t ,pp!ic,tion for Rote 'tdr Jliy 1, lOll , lhlt "Prie,iou, inde,; V&loie" sl,aJ ls<e I.he. CPI vnlue k,r the previous year', rote, adjustmon1 ll)lplla,UOn . 121 Th<! •~w lndelt va1~· shall be Ille J!inusty Comumor Price Index (CPI! • All ftem> in R,vrrs,de-5an Sffl'\Drtfuio-Ontzmo, CA.,. all ..-ban consi.men, not ••'11SClnally adfu>ted, CUIJR549CSAO.
UI For nil• ad~\ opi:flClllion fa r Role V""r July 1, 20ll, the "PreviD<J'S R.rte" for =h li10llly,:holl btethi, "Co>lpe, Ton" m Exhibit 1D, A~ 1 tiv<,ygh 4, COiumn 8..
For iubscqwr,1 rote odju>tmenl ~ ;, the •p,.,.,.,..i Rill<!• for 9d; 1-.,c,llty shJII be the "New lb1t-' .-dues from the Pl'C'VJO<J> y-e.,r't r;ollO adptmen t "!'plication.
!•I The "New Aale" 1n1lues ilioll be tm, ffl05t amenl""' lorH-1lo changed ot e•th lac ,hty. 151 The T0111U1~• fo, c,o.c.h lxil lty shall b• thl! total ton s dollve_rc,dm tl>c: fllcillty for the !><.,.;au, 12 month ·~ ondr,g S,,ptomt,.,,. 30t h. l 6) For r.lllo adp.,>tn,,onl opplicstion for Role Ye,ir mly 1. 2023, the "Previous lndelt Voluo" sh•II be the 'lndex - "'•'"" Avcr"S" C.O.t JlCl lcfl " in bhmil D. !tow ii, Columrl C.
fat wbsc,quent me odju,tme nt •op lic.1tion._ lhc "Pr<w>U> lndt,c YalL>t" s~ be the " New Index Va\Jc" from the p,...,;o.,. v"'1<' S r-1te idjuUment •?otltalion.
Pl For r'OI• ..dpJUment appliaeion !o r R,t<, Yellr lulv 1. 20B. •Component Wetghtirte" lo, the Mote'<i,I HtndllJ18 Ccrnpon.,,t sh•II be, udilblt 2D • Initial Materia l Handll,c Olmpononl Wetglui &', Raw 13, C.oh..-nn G; and, "Componl!t1l 'Weigl>!Jns" lar tho Colloction 5cmce Component ,hall be," 1-1 Row 11 Colwn n L •
For subsequent r.rl<! adju•tmer.t aopiicnt,on,_ !he "Ccml"""Ml Welgl>tirq( shall be, Row 13, C,,h.1,m S for •c.aH«tio n Servlte CompoAer.t" ar\d Row 14, Column S far "M>torial Hand ~ni; Component • lro,n tile p,..,;ous vrar·s r,~ a<ljustmonL opl)liat, on. l81 M h im11n lnaose ol 6"' per v= lor Ccllod 1on Service Comp011enl.
Palm Springs Agreement Page 98
Item 3B - Page 113
ltow
1 Row
2 l
4 s
6 7
Row
8 Aow
9 EXHIBIT 2B: RATE ADJUSTMENT PROCEDURE - BINS
Ellhlblt 28
""'"' AdJustme nt P,_ure • Bins
PAge 1of2
STD> OHt:O.lw l._lA: pore- di_ In CPl
,. 8 C
Percenl OI~
in lndex
P,,.cviou, New lndo. ftColumnB /
Ind"" l.rdir:•V-aluc ' Vf:ue 1 Co .. ..., Al • 1)
CPI UB..9£1 U5.0011 s.01•1'JI
STEP TWO: Nrw M•1"Jial HandJin,g c.am,po n..,l .,_,.
D £ F
P.,,""nt
p,...i..,.1t.wtc, ( hang:e In
Jacli t ic, . R&'lc krwtbte.•
Cdarn •611 Tr.,m f~ SU.Lion- A.cf\DC S.St..4!1 3.90.37!4: SSlSO rdom tltll T t11mfl"l' 5t.ation: Gre.en W.n.t~ S.56.0l 3.SS29~ ssa.oo (d""1"n HUJ Tr.t ru.ftt Sla t )OI\.;. M1,ied Rc<:.,rcllrw S9l.~ 3 .11665~ S9£00 Cn•hdt.a V.ollcv Conpae.t Organic Wir .. tc S7S..OO S J .333% S79.00 Submt.al:s Matvial Ha-ten• Ton:,&. CcJ.it
G
Tan.n:a,p
U,Mont.M
f_,. Sept !IO'
21..0ts. 0
713.0
J.00.0
28,111.!I
W....tt.ud Aver :tM Cost oer Ton nuit houl Commodh:w V,11"'1e STU' JltRU ;: Ooilcuutc _,,...,.~ cmol\C"' Ir, M>teoul Handlin& Index I J I(
Pen::ent Oianr;-c
lnlruk,c
~-·
New,, Index. (ICol...,nl/
Inda lrMl:caV.aue . Val1.1~ ColLWnn 11 . 11
Matcrf,&l ltan dlirg Cor,poocnt .52.<l.220 5 4. 6 149 A. 113:Z,,S .STCPJOt.nl::0. lod.iite th• Pc.mvtt: ed Pette.nl»p: R:ate: Ou,~
I L M N
"""""' Chan ge In
lndl,:,t (lrom PamiH:cct
Co.mpon~ Column C:1&. p..,.....1:a4;.,
Cost ~mt Wr(chtinc 1 IC.1.7) Cha.nee
C-OUection s~ ---~1 n,isas-. 5.07 47':o .J.9l24'11
H
C.timat..t
Po~ ..
Collo,ctla,n
(Mt
S J,4'13 .803
·s .
s 67,735
s 7.900
1.5'74,'JS
!,54 .'1•19
10 Mulmum -..t Cc>Uoctlon Servi << O:,mpcncnt Adjustm<ml. • ] .93.24'i 6~ ~ ln any r:atc yeu H M.>tcrf"..t than dll...., Compon~t 22.5U2°" 1 4..1832~ 0..94J 71' .u T otal ~~e Rate Ad .. - tment 4 .17~
SlCP Rvt. : C..li:::ul•t& the Cm.t Compon.crrb: WclpJb for fvt:wc Rate Adjustment C.cubtloa 0 p Q It s
P-crcc:ntagc Cost
Ot:angeas Companents
Appl.led lo 11 ... ~
bte tot._...,1
eo.~ A.dju1.tmttrtt lnue.:ue In Cost O:lst COm;paneat .10C,-.Cfor c.o.r...,.,- tCali.nnn l•UI Componenn lnt:r~ ruture
Aow Ont Componet1t (US&U9J & 11111!11 IO'PI {O• Q) Ad,u:>tmcnu 13 C.,11,:ct,c,; SCM<r Cmnpot1,..,t n 4ean S.D747'JO 3.93ll':o 111.4 2U'I( n .6311,i 1A ~t~r1.-.1.H.aru Sitra:Caf"'1r:u:,nent 21.5112"' 4.1812 ':il 0.941Th' 23.4519"' 22. 3619'!1:
15 Total 100~ 4.Br..: JOt.&7 % 100.DO,<
Palm Springs Colle:a:lon Ser\llCe< ~reemenl
Palm Springs Agreement Page 99
Item 3B - Page 114
Exhlblt28
Rate Adjustment Proc.edu re - Blm
Pace 2 of 2
I II F0t r•u, ld/u>t.,.,.n t •poliatlon fodl.11.e ~-.,_,, Jli>( 1, 20ll. the 'Pteviou, lr.:lex Value" shall be 1111.'Hi1 for wtl,oquent rate odJu>Lmmt >pi:,lotioa,._ the rote adp.,tment •Ppliation fer A.Ile Yeor JLJly 1. 2023, the "Pt"'1iou> lnd0>. Value" sholl be tht! CPI Y•lue lo, the p<IMOUS '(t'O<'< rate adju>tm<!"t ap!llicalion.
Cll Thi! " New Ind .. V-alue • shlll be U.. Jlsnwirv c.ani.ume< Pncr Index ICPtl • Al I Items in "'"'"'d,..San 8ern:mlino-Ontorio, CA. aJ urban con,urm,n, not 19SoNlly adjusted , OJUl!S49CSAO.
UI FOtra lioodjvstmen l •pplialion forRllle ~,m JLJly 1, 2013 , tile •p,,.,,cu, Rate• lor 9Cll hc~itv sh.ti be du, •u,,1 pe.rTan" In Exhibit 20, Ram 7 through 10, Cok>mn 8.
r<>r ,ut»equcnt rate arfiu,tment •P~ the "P~Ratc• lar .,,._-t, focllily ,Ji;,ll be UM, ·~iew R.,te" volu .. from the previous yNr·• rate adjustment ~pial«ln .
14) The "N,,w Rllte"lr.tluc, ,N,11,., U.. mo..t tum:nt perlDnnti,<h org,edat e.ich fac:il!l)'.
IS) The Tonll'lge for eiJ<h f•c:Jlity sh>II be the l<M.s.1 tons ddi,..,,ed ta tho locility 101 the: previou> U month period ending September lOtl>.
16) kx rate adjus-unent 1ppli<:a1ion for !lale Yl!.lr JLJly l , 2023, tt.e "Prewou> tr,dc, Value• s"4II be IN! •index• Weigr,ted A»erage Ca,a pc,r Ton• in [ xhibll D, Raw 12, CDlumn C.
for !u!>st,quent rote: adju>tmenL •pp1icatio<1>, lhe "Pre\'iC<JS Index lr.tkl<,' shall be the "New lndet V..rue• Imm tbe pl""10lll year's 'rte ..-!ru,1ment •P!'location.
17) For nrte ad1ustment oppliation for R.iltle Vc.,r Julr l , 2023, "Component Wd~ling " fc, 1hr M•tr:Jial HmdliflJI COll'\pon<:nl >h•n be uhibit 20 -t.nitHtl M.-tt,.i•I Hondlins Compor,e r,1 W<:,gl,ting,._ Rew 14, Column G ; •nd. 'Ct>rnpor.er.1 W•igt,tir~f for lhe Colectlon !,er,ici, Camponc,,,! ,J,itJI be '1 • ~ 11 Column L •
FOt ,ut>,equc,nt r,jle "'djU~lmenl oppi,Qtion> , the 'Component Wi:,ght,ng" >hall be Row l J, Column S for "C.cll..afan Sr,v,ce Component " and Row 14. Column S Jar "M>teriol Hmding Component • I ,om lh• """"°"' ye..-s ritr ~djuslmMl •t>pl,ation. 181 MiL<imum inm,;a$e of 6' .. per v= for Collection Se"ru, Component.
Palm Spclngs Collect ion SeMC5 Agreemer1t
Palm Springs Agreement Page 100
Item 3B - Page 115
EXHIBIT 2C: RATE ADJUSTMENT PROCEDURE - DROP BOXES & OTHER SERVICES Caktl b te: fiUCIM..111• ch~,...-. tn at
11- llldu
I CPI
Ldll!Jit 2(
lb~ AdjuStmffll Proced1>re • Dn,p llo•e, & Other Services Pace1af1
A • C
Plnnl ttocl
Pv<.enut;1
OI•••• flColumn
-
IINllndff 8 / Column Al •
lnde1Vach;e . \lilhle J lf
lll.963 us.coo SD747',
Il l The •pr,i:"1:nt.di ll\de11: Value* s:tuH bl: &iaCPt value to, th.ptftl0u$ ~s r~tc JdJui.~nt ,1~pl-.U.Uan. [21 l'lle •t4ow Jr,dl.t Yll!ut" s1' be the J••UM'/ c-,:,,numar Pr,ca In- JCl'lf /IJI IIMn• In F;Ner!<~ S•n ~ .. orur10, CA •II urbanco nwmer s. rrot s•~ ~dj~ed. CUVRS&9CSAO..
Palm Sprin gs Agreement Page 101
Item 3B - Page 116
EXHIBIT 20: INITIAL MATERIAL HANDLING COST INDEX
Row
l
2 3
4 5
6 (To be Inserted Upon Execution of Agreement)
Exhlblt 20
tnltlal Material Handling Cost Index
Initial Ma~al Handling Cost Index - Cart Service Rate Adjustment A
Base
B
Facilities ' Tonnage
2 Cost Per Ton 1
Edom Hill Transfer Station : Re fuse 11,953.6 SSL49
Edom Hill Transfe r Station: Gree n Waste 2,000.5 $56.01 Edom Hill Transfer Station : Mixed Recydrng 4,367 .2 S91.64 Coachella Vallev Comnn<t: Onranic Waste - $75.00
Mater ial Handling Tons & Cost 18,321 .2.
lndex - Wei&htt!d Avera,re Cost Per Ton .
C
B.ase Material
Handling Cost
(COL A• COl B)
$6l5,489
$112.045
S400,211
so
Sl, 1Z7,7'6
$61.5540
Totall,.,aynot add up IL, lotollllding
lnit.ial Material Handling Cost Index - Bin Service Rate Adjustment 0 E F
Base Mate rial
Base Handlin& Cost
Row Fac1itle s Tonnag e ' Cost Per Ton • (COLO" COLE)
7 Edom Hill Trans fer Station: Refuse 31,089.8 $51.49 $1,600,815 8 Edom Hfll Transfer Station : Green Waste 8.0 $56.01 S448 9 Edom Hill Tra nsfer Stat ion: Mixed Recychng 712.7 S91.64 S65.310 10 Coachella Valley Compost : Food Waste 44. 1 $75.00 $3,308 11 Materio1I Handling Tons & Cost 31,854.6 $1,669,881
12 lnde• - Weighted Avero1ge Cost Per Ton• $52..422.0
Totab mav not aod up du, ,a '°""d""I
Initial Material Handling Component Wt!ighting.s
G
Mater ia l
Handling
Componen t
'6
Row Sector
13 Cart Service 23.0974"
14 Brn Service 22.51129'
(1) Post collection maLerial handling faol,t>es planned fa,- use undl!f" this agreemenL ("2) Assurned begjnn,ng tonnage to be delivered to each facility. (3) Most current rates at each facility.
(4) To ta l Base MateNI Handling Cost dwlded by Total Base Tonnage .
Palm Springs Collection Scrvices Agreemcnt
Palm Springs Agreement Page 102
Item 3B - Page 117
EXHIBIT 3: CONTRACTOR'S SB 1383 SCOPE OF SERVICES
A. EDUCATION AND OUTREACH
Program Administration
• CONTRACTOR shall employ a full-time Environmenta l Coordina tor to oversee the SB 1383 Progr am including the activitie s of administration, publ ic outreach , compliance monitoring, enforcement coordination and reporting for its three jurisdictions (Palm Springs, Desert Hot Springs and t he County Franchise Area No. 10). Costs for this posit ion will be allocated 70-20-10 respectively. CITY's portion will in turn be allocated 10% to the Residen tia l sector and 90% to the Commercia l/I ndustrial secto r. • CONTRACTOR's Environmental Coordina tor will supervise a staff of Recycling Amba ssadors and will be responsible for coordinating all outreach, enrollmen t, education, monitoring, enforcement, and repo rting activities associated with SB 1383. • CONTRACTOR shall designat e its Environm ental Coordinator not later than October 1, 2023.
1. Residential Outreach, Education
Outreach to Residentia l Customers will occur in the fol lowing manner. a. Newsletters. CONTRACTOR shall announce and promote the Residential Organic Waste Recycling Program in consecutive issues of the quar terly Residentia l newsletters approved by th e City and distri buted [mon t h][year), and [month][year]. b. Subscript ion Form. CONTRACTOR shall direct mail subscrip tion forms approved by CITY to Customers with option for completing online (July 2022 or as soon thereafter as practical).
The subscription form will allow Customers to: (1) Specify the size of Organic Waste Recycling Cart desired; and, (2) Enable part-time residen ts to defer delivery to a date certain. c. Recycling Guide. CITY shall provide printed Recycling Guides to CONTRACTOR and CONTRACTOR shall distribute a Recycling Guide with each Organic Waste Cart delivered.
Contractor shall also direct mail a Recycling Guide to each existi ng green waste Customer and to new Customers when th ey are enrolled for an Organic Waste Collecti on services.
2. Commercial Outreach, Education, Monitoring
a. In-Person Outreach & Education. CONTRACTOR shall assign two (2) Recycling Ambassadors, or fu ll-time equiva lents, to t he CITY and t o engage directly with custom ers. The Ambassadors will be unifo rmed, will have experience engaging with the pub lic, and will be professiona l in their dem eanor. CONTRACTOR shall give hiring preference to hiring residents of the CITY and to the ability t o communicate in Spanish.
• CONTRACTOR's Recycling Ambassadors shall utilize tab lets that interface with CONTRACTOR's customer relationship management system in real time for electronic record keeping and electronic reporting.
Palm Springs Agreement Page 103
Item 3B - Page 118
• CONTRACTOR Recycling Ambassado rs assigned to City shall be hired not later than October 1, 2022 or as soon thereafter as practi cal.
b. Focus Groups . CONTRACTOR shall coopera te with CITY and participa te in two (2) focus groups compr ised of members of specif ic business community segments for purposes of planning outreach, education and Organic Waste Recycling program introduction. c. Comm unity Outreach. CONTRACTOR's Environmental Coordinator will be CONTRACTOR's primary public outreach and education represen t ative, virtually or in-pe rson, for commu nity organizations (including, but not limited to, ONE-PS, Chamber of Commerce, Main Street, PS Resorts, PS Hospitality Association), and at special events (includ ing, but not l imited to, VillageFest, ONE-PS annual picnic, PS Farmers Market) . CONTRACTOR's Environmental Coord inator shall participate wit h CITY in up to three (3) educat ional/ info rmational events each calendar quarte r.
d. Business-to-Business Outreac h. CONTRACTOR's Recycling Ambassadors shall meet in-perso n with Commercial Customers to:
• Inform Customers about Recycling and Organic Recycling program s, • Enroll Customers in Recycling and Organic Recycling Programs, • Train Customer employees in proper practices,
• Monitor Customer partic ipation and practice s, and
• Educate Customers as to proper recycling practices and Waste Reduction.
CONTRACTOR shall maintain an electronic log o f such meet ings for review by CITY upon request.
e. Wri tten Outreach. Writ t en out reach (by hard copy or electronic copy) shall consist primarily of the fol lowing: quarterly newsletters, recycling guides, and webpages. f. Quarterly Newsletters. CONTRACTOR shall keep Customers info rmed about Solid Waste program s, services, and events through separate Residential and Commercial quart erly newsletters issued at the st art of each calendar quarter. • The January 2023, Apri l 2023, July 2023 and October 2023 issues shall emphasize th e Organic Waste Recycling Program.
• Resident ial and Commercial newsletters shall be prepared according to the following t imeline:
o Sixty (60) days before the start of each calendar quarter, CONTRACTOR's Contract Liaison shall confer with the CITY's Cont ract Administrator on the s ubj ects to be addressed in the next newsletter.
o Thirty (30) days before the start of each calenda r quarter, the CONTRACTOR'S Contract Liaison wi ll provide a draft of the next newslette r t o the City's Contract Administrator for comment and approval.
Palm Springs Agreement Page 104
Item 3B - Page 119
o Within five (5) calendar days of receipt of the draft newsletter, th e CITY's Contract Admini strator shall return a redli ned updated newsletter text t o CONTRACTOR's Contract Liaison.
o Not lat er than the first day of the calendar quarter, CONTRACTOR shall mail the final newsletters via th e US Postal Service t o the intended recipient s AND post the newsletter on it s web site.
• Residential newsletter s shall be bilingual (English & Spanish) and shall be produced on 11-inch by 17-in ch stock, twi ce folded with an address panel for self-mailing . Commercial newsletters shall be produ ced on 8 ½-inch by 11-inch stock, folded once wit h an address panel for self-mailing.
g. Residenti al & Commercial Recycling Guides. The CITY shall design, prepare and print suffi cient copies of a Resident ial recycling guide and a Commercial recycling guide for the follow ing distributi on methods:
• Initial Residential Distribution . With the initi al distribution of Organic Waste Recycling Carts, CONTRACTOR shall distribute a recycling guide encased in a carrier envelope accompanying each Cart. Simult aneous with th e dist ribution of Organic Waste Recycling Carts, Contractor shall also mail a recycli ng guide to each existing green waste Cust omer. • Initial Commercial Distribution . With the initial enrollment of Commercial est ablishments in Organic Waste Recycling, CONTRACTOR's Recycling Ambassadors shall provide each Comme rcial Customer wit h a recycling guide. • Special Event Distribution. For use as handouts by CITY st aff and CONTRACTOR representat ives at special event s.
• Annual Distribution. Annually after t he initia l distribution, the CITY shall mail a recycling guid e to each Residential Customer and each Commercial Customer. CONTRACTOR shall provide t he mailing list for t his mailing.
h. Customer Feedback Repo rt. Once annua lly, for each Commercial Custom er for wh ich a Hauler Route review inspection has been performe d, CONTRACTOR shall produ ce a repo rt on the Customer's recycling practices. The repo rt may be distributed in one of three ways:
electroni cally via email, hard copy via first class mail, or accessible on Customer's online account page. The feedback report may summarize services, results of moni tori ng inspect ions, and an effect iveness rating of Customer's recycling practices in narrative, lett er grade, dashboard speedome t er dial, or other manner of presentation . Report details shall be developed in coopera tion with CITY.
i. Webpage. CONTRACTOR shall maintain separat e Residential and Commercial webpages on its website with current inform ation regarding the respective recycling program s with act ive links to CalRecycle and CITY's Offi ce of Sustainabilit y webpage s. a. CONTRACTOR shall post it s quarterly Resident ial and Commerc ial newsletters on its website.
B. RESIDENTIAL SERVICES
Palm Springs Agreement Page 105
Item 3B - Page 120
1. Cart Specifications, Colors, Identific ation , and Labels All Carts provided to Customers by CONTRACTOR shall be industry standard rotational molded plastic cart s with whee ls and attached lids. The Carts shall be of the proper color with identification of purpose and labeling comp lying with the requireme nts of SB 1383.
Cart specification s, colors, identificatio n, and labels shall be approved by CITY.
CITY acknowledges that existing Cart s provided to Customers do not meet the requirem ents of SB 1383 for color and labeling and CITY hereby authorizes CONTRACTOR to tran sition from non-compliant to compliant Carts as part of it s on-goi ng rep lacement of aged-out Carts as prov ided for by the SB 1383 Regulations. For Carts already in service, Contractor shall affix comp liant labeling stickers before January 1, 2022, or as reasonably soon the reafter as possible.
CITY and CONTRACTOR will cooperate on the use of QR Codes in labels to enable residents to access a mobile device applicat ion to access updat ed lists of accepted materials and special information and messages related to recycling and organic waste recycling.
2. Accepted Materials
CONTRACTOR shall collect the Accepted Materials listed below for the Residential Recycling Program and t he Residential Organic Waste Recycling program. The presence of Prohibited Materials may result in extra charges in accordance with the approved Rate Schedule and/or enforcement actions by City.
RESIDENTIAL NON-ORGANIC RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Cardboard Clean, uncoated & flattened cardboard Soiled cardboa rd, Wax-coated cardboa rd (OCC)
Paper Cereal boxes, envelopes, file folders, frozen food Facial tissue boxes, junk mail, magazines, mixed paper, office
paper, newspaper , telephone books, white paper
Plastics ID codes & common product s: Rigid plastic toys, Plastic furniture, Cling #1 PET- soda water bottles , cups, jars, trays & wrap for food, Frozen food bags, #6 PS - clamshells to go containers hot cups, shipping
#2 HDPE - milk jugs, detergent & shampoo bottle s, cushion. #7 Other - polycarbonate, flow erpots, grocery bags Lexan, CDs, ABS, Garden hoses #3 PVC - cleaning supply jugs, pool lin ers, twine,
sheeting, automotive product bottle s
#4 LDPE - bread bags, paper towel & tissue
overwrap , squeeze bottle s, trash bags, six-pack
rings
#5 PP - yogurt tubs, cups, juice bottles, straws,
hanger s, sand & shippi ng bags
Metal Aluminum cans, Alum inum foil , Empty aerosol cans, Coat hangers Pie tins, Tin, steel, bi-metal cans
Glass Jars, Bott les Light bulbs, Mirrors, Window glass, Ceramics, Dishes
Other Green waste, Food waste, C&D,
Electronic waste, Animal waste, Diapers,
Hazardous waste
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Item 3B - Page 121
RESIDENTIAL ORGANIC WASTE RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Grass clippings, leaves, weeds, prunings, flowers, Stumps, Soil, Pressure-treated wood, Wood waste & lumber (untre ated & unpainted) Painted wood, Wood with foreign Other yard waste objects (nail s, screws, brackets , etc.), Green Waste Glass, Metal, Plastic-coate d or wax-
coated cardboa rd, Any material too
large for conta iner, Palm fronds, Soiled
cardboard
Bagged food waste ONLY Raw meat & seafood, Rubber bands, Fruits & vegetables, Dairy products & bread, Twist ties, Plastic & non-certified Cooked meat & seafood (including bones & compostable food containers & Food Waste shells), Coffee grounds & filters (except K-pods), foodware, Recyclables (plastic, glass, Food soiled paper product s, Food-soiled metal), K-pods cardboard products , Fiber-based & certified
compostable foodware
Other Hazardous waste, Non-organic waste
3. Changes to Accepted Mater ials
CONTRACTOR may update the list of Accepted Materials to reflect changes in markets, recyclability of materials , or acceptan ce by processor by giving sixty (60) days' advance w ritten notice to CITY and thirty (30) days' advance written notice to Residential Customers.
The advance notice to Residential Customers may be made through the CONTRACTOR's quarte rly newsletter. Any changes in the list of Accepted Materials shall also be accompani ed by either a new Container label or a stic ker affixed by CONTRACTOR to existing Container labels which clearly indicates the updated listing of materials accepted and not accepted.
Any changes in the list of Accepted Materials shall also be accompanied by eith er a new Container label or a graphic sticker affixed by CONTRACTOR to Containers which clearly indica te the updated listing of materials accepted and not accepted, or th rough the use of a Quick Response Code (QR Code) affixed by CONTRACTOR to Containers from which Commercial Customers can access the updated listing of material s accepted and not accepted using a smart phone or tablet.
C. COMMERCIAL SERVICES
CONTRACTOR shall perform collections of Refuse, Recycling, and Organic Wast e generated by Comme rcial customers from Bins or Carts provide d t o business est ablishments and institution s and t o Residential premises subscribing to Bin service.
1. Container Specification s, Colors, Identification and Labels a. Container specifications, colors, identification, and labels shall be approved by CITY. b. CITY acknowledges that existing Containers provided to Customers do not meet the requi rements of SB 1383 for color and labeling and CITY hereby authorizes CONTRACTOR to transition from non-compliant to complian t Carts as part of on-going replacemen t of aged out Cart s as provided for by th e SB 1383 Regulations. For Carts and Bins already in service, CONTRACTOR shall affix labels before January 1, 2022, or as reasonably soon thereafte r as possible.
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c. CITY and CONTRACTOR wi ll cooperat e on the use of QR Codes in labels to enable Commerc ial cust omers to access a mobil e device applicati on to access updated list s of accepted materia ls and special inform ation and messages related to recycling and organic waste recycling.
2. Accepted Materials
CONTRACTOR shall collect th e Accepted Materials listed below for the Commerc ial Recycling Program and the Commercial Organic Wast e Recycling program.
The presence of Prohibit ed Material s may result in extra charges, enforcement actions and/or remova l of containers .
COMMERCIAL RECYCLING PROGRAM
Category Accepted Mater ials Prohibited Materia ls
Cardboard Clean, uncoated & flattened cardboar d Soiled cardboard (OCC) Wax-coated cardboard
Paper Cereal boxes, envelopes, file folders, frozen food boxes, Facia I tissue junk mail, magazines, mixed paper, office paper,
newspaper, telephone books, white paper
Plastics ID codes & commo n products: Rigid plasti c toys, Plastic furniture, #1 PET - soda water bottle s, cups, jars, trays & Cling wrap for food , Frozen food clamshells bags, #6 PS - to go containers hot
#2 HOPE- milk jugs, detergent & shampoo bottles, cups, shipping cushion, #7 Other - flowerpots, grocery bags polycarbonate, Lexan, CDs, ABS, #3 PVC - cleaning supply jugs, pool liners, twine , Garden hoses sheeti ng, automot ive produ ct bott les
#4 LOPE - bread bags, paper towel & tissue
overwrap, squeeze bot tles, trash bags, six-pack rings
#5 PP - yogurt tu bs, cups, juice bott les, straws,
hangers, sand & shipp ing bags
Metal Alumin um cans, Aluminum foil , Empty aerosol cans, Pie Coat hangers tin s, Tin, steel & bi-metal cans
Glass Jars, Bottle s Light bulbs, Mirror , Window glass, Ceramics, Dishes
Other Green waste, Food waste,
Construct ion debris, Electro nic
waste, Animal waste, Diapers,
Hazardous waste
COMMERCIAL ORGANIC WASTE RECYCLING PROGRAM
Category Accepted M aterial s M aterials NOT Accepted
Green Waste Grass clipp ings, leaves, weeds, prunings, flowers , Stumps, Soil, Pressure-treated Wood waste & lumber (untr eated & unpai nted) wood, Painted wood, Wood with Other yard waste foreign objects (nails, screws,
brackets, etc.), Glass, Meta l, Plastic-
coated or wax-coated cardboard,
Any mater ial too large for
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Item 3B - Page 123
containe r, Palm fronds , Soiled
cardboard
Food Waste Bagged food waste ONLY Raw meat & seafood, Rubber Fruits & vegetables, Dairy products & bread, cooked bands, Twist ties, Plastic and non- meat & seafood (including bones & shells), Coffee cert ified food containers & grounds & filters (except K-pods), Food soiled paper foodwa re, Recyclables {plastic, products , Food-soi led cardboard products, Certified glass, meta l). K-pods fiber-based foodware
Other Hazardous waste, Non-organic
waste
3. Changes to Accepted Materials
CONTRACTOR may update th e list of Accepted Mater ials to reflect changes in markets , recyclability of materials, or acceptance by processor by giving sixty (60) days' advance writte n notice to CITY and thirty (30) day advance written notice to Residentia l Customers.
The advance notice to Commercial Customers may be made through the CONTRACTOR's quarterly newsletter. Any changes in the list of Accepted Materials shall also be accompanied by eithe r a new Container label or a sticker affixed by CONTRACTOR to existing Container labels which clearly indicates the updated listing of materials accepted and not accepted.
Any changes in the list of Accepted Materials shall also be accompanied by either a new Container label or a graphic sticker affixed by CONTRACTOR to Containers which clearly indicate th e updated listing of materia ls accepted and not accepted, or throu gh the use of a Quick Response Code (QR Code) affixed by CONTRACTOR to Containers from which Commercial Customers can access the updated listing of materials accepted and not accepted using a smart phone or tabl et.
4. Enrollment
CONTRACTOR's representative shall enrol l each new Commercial establishment in Recycling and Organic Waste Recycling service in real tim e by electronic entry in CONTRACTOR's customer relation ship management system . CONTRACTOR shall provide each new subscribing Commercial establishmen t with an in-person orientation to Recycling and Organic Waste Recycling and a printed recycling guide.
CONTRACTOR's Custom er file shall include record of recycling orientation, education, and every training conducted by CONTRACTOR.
CONTRACTOR shall mainta in a monthly cumu lative record of all Customer enrollment s, including name, service address, subscribed services, recycling orientation, education , and traini ngs, and such record shall be made available to CITY upon request.
D. OBSERVED CONTAMINATION
If CONTRACTOR's Collection driver or other representative encounters a Container with noticeable contaminants, the driver or representative shall:
• Tag the Container as uncollectable.
• Photograph the Container's contents.
• Report the service address to CONTRACTOR's dispatch office by electronic tablet or by radio or phone.
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• Sort and collect the materials or leave the tagged Container uncollected for later collection as disposed waste, pursuant to CITY Code.
CONTRACTOR's Ambassado r or dispatch office shall notify the Customer of the condition by tel ephone or electronic mail and advise Customer of the need to remove the contamina tes for proper recycling or disposal. Contractor's field representa tive shall initiate an in-person visit with Customer to educate the Cust omer's representative and offer training of Customer's employees.
A report of observed contami nation shall be reported to CITY electron ically or in writing .
1. Uncollected Containers
BLUE, GREEN OR BROWN Containe rs uncolle cted by CONTRACTOR due to conta mi nati on shall be collect ed for disposal as GRAY Container Solid Waste . Containers with contamination tagged before Noon shall be collected for disposal the same day, while Containers wit h contamination tagged after Noon shall be collected for disposal the following workday. Containers with contamination collected as Refuse shall be subject to the return trip charge specified in the approve d Rate Schedule except that return trip charge shall be waived as courtesy for a Customer's first offence.
2. Waivers
Commercia l establ ishments may be granted a waiver by CITY from recycling, gree n waste recycling or food waste recycling for reasons of self-hauling, alternative arrangements, de minimis generation, or space limitati ons as may be specified in CITY and State regulations.
CITY shall est ablish regulat ions for waivers and an applicat ion form and for a review and approval process.
CONTRACTOR shall cooperate with CITY in performing site reviews before waivers are granted or denied.
CITY's waivers may be granted fo r a specified period of time. CITY shall prov ide CONTRACTOR wit h a record of each grant ed waiver, and CONTRACTOR shall enter each waiver into CONTRACTOR's Customer file.
E. CONTAMINATION MONITORING AND HAULER ROUTE REVIEWS
1. Written Work Plan
Within thirty (30) days following the Effective Date of th e Agreement and prior to January 1 of each subsequent year, CONTRACTOR shall provide CITY with a written schedule fo r the calendar year for performing Hauler Route reviews and Waste Evaluations. During the course of a calenda r year, CONTRACTOR may amend the schedule by providing CITY with a revised written schedule.
2. Contamination Monitoring Program
CITY has elected to utilize the three-Container Organic Waste Collecti on Service as described in 14 CCR Section 18984.1 as it s approach to Standard Collection Service for Residential and Commercial collection s.
CONTRACTOR shall perform contam ination monitoring of its Residential and Commercial services. a. Residential Contami nation Monito ring. CONTRACTOR's Residential contamination monitoring shall consist of Hauler Route revi ews and Waste Evaluations.
Residential Hauler Route revi ews entail visual inspections of select individual Residenti al Containers for cont amination and are intended to satisfy th e SB 1383 contam ination monitoring requirement (14 CCR Section 18984.S(b)).
Residential Waste Evaluati ons entail physical inspections of samplings taken from truck loads of GRAY, BLUE, and GREEN Container waste to determine the amoun t of Accepted Mater ials Palm Springs Agreement Page 110
Item 3B - Page 125
present and are intended to provide CITY with a means of monitoring diversion progress and the effect iveness of public educat ion and outreach efforts. a. Commerc ial Contamina tion Monitoring. CONTRACTOR's Commercial contamination mon itor ing shall consist of Hauler Route reviews and Comprehensive Individual Inspections. (The term "Commercial customers" means business estab lishments utilizing Bin services, and detac hed residential dwelling neighborhoods, attached residential dwelling neighborhoods, and multi -fami ly apartmen t complexes utilizing Bin services.) Commercial Hauler Route revie ws entail visual inspections of select individual Commerc ial Containers for contamination and are intended to satisfy the SB 1383 contaminat ion mon itoring requirement (14 CCR Section 18984.S(b)).
Commercial Comprehens ive Individual Inspections entail detailed physical inspections of the conten t s of Containers used by individual Commercial customers and are intended to be a part of CITY's enforcement program.
(Waste Evaluations will not be performed in th e Commercial contamination monitoring program.)
b. Contamination Monitoring Program Evaluat ion. Following the end of each calendar year, th e Parties shall meet to evaluate the contamination monitoring program.
3. Hauler Route reviews
A Hauler Route review means monitoring select Customer Containers for conta mination and entai l:
• A visual inspection for the presence of prohibited materials in each GRAY, BLUE, GREEN or BROWN Container used by an indivi dual Customer;
• That are available for collection on Customer's regular collection day; • Where the Customer is part of a sample population selected at random; • From each of CONTRACTOR's GRAY Container daily routes.
For each GRAY Container selected for inspection, every Container offered within that Customer class will be inspected as part of the work.
a. Visual Inspection. A "visual inspection" entai ls scrutinizing the conten t s of Containe rs by CONTRACTOR's representative for the obvious presence of any Prohibited Materials (wh ich may involve prob ing th e contents with a poker and opening bags or boxes toward the top of the Container but does not mean the opening of bags or boxes lower within the Container , nor the removal of the contents of the Container to perform the inspection). b. Inspection Schedule. CONTRACTOR's Hauler Route review inspections of Containers on an individua l route shall be conducted on the same day, however, visual inspections for different routes need not be conducted on the same day or even in the same week.
To accommodate CONTRACTOR's available resources, Residential and Commercial Hauler Route review inspection s may be staggered over the course of the calendar year at CONTRACTOR's discretion in accordance with the written work plan. c. Sample Selection. Custom ers chosen to be part of a sample population for Hauler Route review inspection shall be selected at random by route .
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c. Inspection Day & Sample Size. Residential Hauler Route review inspections shall occur on the day of collection. Commercial Route Review inspections may be performed on the day prior to or day of a scheduled collection . If any of the Containers of a Customer have been collected prior to inspection , the inspector will move on t o the next Customer on the target list.
To maint ain the target sample size, the number of randomly select ed accounts to be sampled on a route will be tripled so that the t arget sample size can still be achieved even if some accounts are not inspected because one or more Containers of an account have already been collected .
Once CONTRACTOR's inspector has performed the required number of inspections on a route or exhausted the list of randomly selected accounts, inspections for that route shall be determined as concluded.
d. Hauler Route Review Procedures. When condu cting a visual inspection as a part of a Residential or Commercia l Hauler Route review, CONTRACTOR's inspector shall perfo rm th e following procedures with the intent of determining if any Prohibited Material is present:
1. Confirm the service address;
2. Record the Customer's subscribed number and size of Containers by type (GRAY, BLUE, GREEN, or BROWN);
3. Record the number and size of Containers by type (GRAY, BLUE, GREEN, or BROWN) available for inspection;
4. Open the lid of each Container;
5. Inspect the contents of each Container for the presence of any Prohibit ed Materials visible to the inspector (which may involve probing the contents with a poke r, but does not mean the removal of the contents of th e Container to perform th e inspection; if waste is bagged, inspector will slash open the top one or two bags and probe the contents);
6. M ake a findin g of either: "PASS" (meaning that no Prohibited M aterials were observed), or "FAIL" (meaning that some Prohibited Materials were observed);
7. Record the finding for each Container;
8. Atta ch a PASS or a FAIL notic e to each Container. For Commercia l customers receivi ng a FAIL rating, CONTRACTOR's inspector shall attempt to contact a responsible repre sentativ e of the Customer and deliver the notice in person. When in-person delivery is not possible, th e notice shall be delivered via US Postal Service or by electron ic mail.
e. Post-Inspection Noti ces. All post-inspection notice s shall include a message advising the Customer that the inspection was performed as required by State Regulation s solely for th e purpose of minimizing Prohibit ed Materials in Containers and shall contain the date of inspection and identification of the inspector .
• PASS notices shall carry a positive message congratula ting the Customer on th eir environmental awareness and participation.
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• FAIL notices shall identify the Prohibi ted Material(s) found and direct the Custome r to the CITY's and CONTRACTOR's websites for more inform ation regarding correct recycling practices.
The form and conten t of post-inspection notices shall be approved by the CITY in advance of their use.
4. Contamin ation Monito ring Reportin g
a. Hauler Route Review Reports. Contractor shall maintain a record of each Route Review inspection including the date of inspection, Customer name, service address, Conta iner descripti on (includ ing type, size, and numbe r), PASS or FAIL fin ding, notification made, if any, and recommended fol low-up action, if any.
For Containers wit h excessive amounts of Prohibi ted Waste, the record shall include a photographic record of th e inspection and a copy of wri tten not ificat ion to the Custome r. b. Monthly Report. Monthl y, Contractor shall provide CITY summary of inspections perfo rmed.
Records of individual inspections shall be maintained and available fo r inspection by the CITY. c. Annual Report . Within thi rty (30) days of comp leting the Residential or Commercia l Hauler Route reviews for the calendar year, CONTRACTOR shall subm it a report t o the CITY which shall summarize the overall findings by Container t ype, summarize the findings by Container type by daily rou te, prov ide a listing of each account inspected organized by route, and indicating the fin ding for each Container by type for that Custome r. d. Waste Evaluation Reports. Within thir ty (30) days of comple tin g Waste Evaluations for t he calendar year, CONTRACTOR shall submi t a repo rt to the CITY describing the procedures, dates, routes evaluated, and the amounts of Prohi bited Materia ls expressed as a percentage of the total weight of the samples.
e. Outreach and Educati on by CITY. As a follow- up to CONTRACTOR's reports of Hauler Route reviews, CITY shall perform outreach and education to individual Residential and Commerc ial generators that acknow ledges Customers achieving a PASS rat ing and educates Customers receiving a FAIL rating.
5. Residential Hauler Route Review s
The number of visual inspections perfor med in a Residenti al Hauler Route review shall be deter mined as follows:
a. Initial Residential Hauler Route Review. In the fi rst calendar year of t he Agreement, CONTRACTOR shall perform Route Review inspections of t he available GRAY, BLUE, and GREEN Containers of 27 Residential Custome rs from each of CONTRACTOR's daily GRAY Container Residential Routes.
Example: If CONTRACTOR operates 3 GRAY Container routes, 5 days per week, the accounts to be sampled would total 405.
{3 routes x 5 days= 15 daily routes; 15 daily routes x 27 inspections= 405 total inspectio ns]
b. Subsequent Hauler Route Reviews. Commencing January 1, 2023, and each calendar year thereafter, CONTRACTOR's Hauler Route review shall consist of visual inspections of a combinat ion of 320 new inspections and up to 80 re-inspections:
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Item 3B - Page 128
• New Inspection s. For new inspections, 21 accounts will be selected random ly from each route. To account for the possibility that some accounts may have been collected prior to the arrival of the inspector, the rando m list shall include t hree tim es the numbe r of inspection s planne d.
Example: If CONTRACTOR operates 3 GRAY Container route s, 5 days per week, the 320 total samples woul d result in 21 inspections per route . {320 total samples , 15 daily routes= 21.33; say 21)
If 21 individual inspections are to be performed, the list of random account addresses for a route shall be 63.
{21 planned inspections x 3 = 63 random account addresses] • Re-Inspection s. Up to 80 Residential Customers selected by CITY fro m among Customer s that received a FAIL rating in t he previous year's inspection shall be re inspected in the fo llowing year. To the exte nt reasonably possible, CONTRACTOR shall attempt to perform re-inspections at about the same time of year as the original inspection.
c. Resident ial Container Exchanges It is intended that CONTRACTOR's Visual Inspections of Resident ial Containers will be made on th e Route, however, at CONTRACTOR's discreti on, Custom er Containers to be inspected in a Hauler Route review may be exchanged on the route, like-for-like, and brought to CONTRACTOR's facility where the visual inspect ion w ill be performed . If the exchange process is used, replacement Containers shall be either new Containers or clean refurbi shed Containers.
6. Commercial Hauler Route Review s
In the first calendar year of t he Agreement, and each calendar year thereafter, CONTRACTOR shall perform Hauler Route review inspections of th e GRAY, BLUE, GREEN, or BROWN Containers of approx imately 400 Commercial Custom ers allocated equally over each of CONTRACTOR's Commercial GRAY Container Routes.
Example: If CONTRACTOR operates 7 GRAY Container routes, 5 days per week, the 385 accounts to be inspected would be distributed over 35 route s, resulting in 11 account inspectio ns per route. {7 route s x 5 days= 35 daily routes; 385 inspections J Roll-off Container s (debri s boxes and stati onary compactors) used regularly by Commercial customers are limited in their number and shall be included for selection for a Commercial Hauler Route review but shall be limited to two such Containers per calendar year.
a. Commercial Re-Inspection s. Commercial Customers that fail an inspection shall be re inspected within sixty (60) days following outreach by CONTRACTOR or CITY to that custom er. Commercial Customers t hat fai l a re-inspection shall be reported individ ually to the CITY for follow-up by th e CITY. CONTRACTOR's requiremen t to perform re-inspection s shall be limited to 7 per calendar month. On an annual basis, every rout e will be reviewed based on the inspection schedule included in th e written work plan.
7. Residential Waste Eva I uations
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Item 3B - Page 129
A Residential Waste Evaluation is the measurement of contamination found in a 200-pound sample of waste taken from a route truck load of GRAY Container waste collected from Resident ial customers from a single route.
a. Frequency. Residential Waste Evaluations shall be performed on each GRAY Container route once each calendar year.
To accommodate CONTRACTOR's available resources, Residential Waste Evaluations may be staggered over t he course of the calendar year at CONTRACTOR'S discretion according to the writ ten work plan.
b. Residential Waste Evaluation Procedures
In a Residential Waste Evaluation , an approx imat ely 200-pound sample is collected from a single load of GRAY Container waste from a daily route and analyzed for Prohibited Material.
CONTRACTOR shall adhere to the following procedures when conducting a Residential Waste Evaluation:
c. Frequency & Number. Residential Waste Evaluations shall be conduct ed once annually, on a load fro m each Residential GRAY Container route.
Example: If Contractor operates 3 Residential GRAY Container routes 5 days per week, 15 Waste Evaluations shall be performed. [3 routes x 5 days= 15 Waste Evaluations]
d. Load Sample. A Container load of at least 3-tons from which a sample is to be taken shall be delivered to a permitted Solid Waste facility and deposited onto a sorting area.
One sample of approximat ely 200-pounds , random ly selected from different areas of th e load, shall be removed from t he load for examination.
For each 200-pound sample, any Prohibite d Material shall be physically removed and weighed.
The percentage of contam ination shall be determined by dividing the total weight of Prohibited Material by the total weight of the sample.
Example: If the sample weighs 200-pounds and the total weight of Prohibited Materials is 40-pounds, the computed percentage of Prohibited Materials is 20%.
[40-pounds Prohibited Material , 200-pound sample weight= .20 = 20%]
8. Commercial Enforcement Inspection s
Individual Enforcement Inspections shall be reserved for situations at Commerc ial establishments that are part of a CITY code enforcement action for excessive contamination or persistent non-participa tion.
Enforcement Inspection s will not be deployed for Containers collected individually from Residential Customers.
When directed by CITY by a seven (7) day advance writ ten notice, CONTRACTOR shall perform an Enforcement Inspection of Containers used by a Commerc ial Customer. At CONTRACTOR's sole discret ion, such inspections may be performed at the Customer's premises or at CONTRACTOR's facility.
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CONTRACTOR shall be compensated by the Customer for the cost of an Enforcement Inspect ion in accordance with the rates authorized in the approved Rate Schedule. Before commencing an Enforcement Inspection , CONTRACTOR shall provide Customer w ith a wri tten estimate of the cost .
Enforcement Inspections shall be pe rformed under the direct supervision of the CITY as a part of an enforcement action and shall consist of a physical inspect ion of each Container used by Customer to determine the percentage by weigh t of Prohib ite d Material present in each of Customer 's Containers.
CONTRACTOR's inspection s shall enta il t he fol lowing steps:
1. Identify the proper GRAY, BLUE, GREEN and/or BROWN Containers and confirming the associated Customer;
2. Weigh th e contents of each Contain er;
3. Physically separate Prohibited Material from Accepted Material of each Container ;
4. Weigh t he Prohib ited Materia ls recovered from each Containe r;
5. Compute th e rate of Prohibited Material for each Container as a percentage of the total weight of the Container's original contents;
6. Rate each Container as PASS or FAIL based upon t he Contam ination Threshold below; and,
7. Prepare and submit to City a report of the inspection which may include photographic findings. a. Contamination Thresholds. Prohibited Mater ials in Commercial Container s undergoing a Comprehensive Individua l I nspection shall be evaluated based upon the Contamina tion Thresho lds identified below:
Contamination Thres holds
Container Type % Contaminatio n
Limit by Volume
GREEN (ro ll-off yard waste on ly) 2%
GREEN (mixed organic) 10%
BROWN 1%
BLUE 20%
GRAY 25%
Containers that exceed the percentage contami nation limit shall be rat ed as FAIL.
Afte r twelve-m onths, CITY and CONTRACTOR shall review th e contamination t hresholds and modify if warranted.
b. Limitation on Number of Enforcemen t Inspectio ns. The Parties recognize that Enforcement Inspections require the use of limited resources and space and could detract from th e overall outreach and education objective ; ther efore, the number of Enforcement Inspections shall be limited to not more than ten (10) per year with no more than two (2) such inspections perform ed in any thirty (30) day period.
If CITY requires additiona l inspection s beyond tho se requi red to meet SB 1383 require ment s, it may engage an independent party to perform th ose inspections.
F. ADDITIONAL SB 1383 REQUIREMENTS
1. Community Comp osting
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Item 3B - Page 131
CONTRACTOR shall support any community compost program within CITY's bound aries that is locally organized, operat ed by volu nteers, prop erly sized and prop erly permitted in accordance wit h State requirements and th e CITY Code by delivering sufficient quantities of foo d waste and/o r mixed organic waste on demand within two (2) business days of the request, and at no charge to the community compo st program or the CITY. CONTRACTOR offers no assurances as to th e suitabili ty of the material for use by the communi ty composting program.
2. Recovered Organic Products
a. Recovered Organic Product Giveaway. In conjunction with the semi-annual Community Clean-Up Drop-Off Event, CONTRACTOR shall provide up to 40-cubic yards of bulk compost or bulk mulch and sati sfy th e requiremen ts of 14 CCR Section s 18993.1 and 18993.2 for distribution to CITY Residents who shall be allowed to fill container s th at they provide on a first -come, first serve basis at no cost. CONTRACTOR shall deliver any compost and/or mulch remaining after the event to a site designated by CITY for use by CITY. Beyond the provision of recovered organic produ ct giveaway at clean-up drop-o ff events and report ing CONTRACTOR'S own recovered organic produc t usage, CONTRACTOR shall have no furth er obl igation with regard to the CITY'S recovere d organ ic procurement target of 14 CCR Section 18993.l(c).
b. Recovered Organic Product Usage. CONTRACTOR shall report to CITY any recovered organic prod ucts used by CONTRACTOR in its operation including bulk material or recovered biogas.
3. Edible Food Recovery Assistance
CITY shall have the primary ro le and responsibility to arrange, monitor and enforce participation in a Commercial Edible Food Recovery Program. CITY shall create and maintain a listing th at classifies Commercial establi shmen ts. CONTRACTOR shall assist CITY with its Edible Food Recovery Program by reporting new Commerc ial customers and providing Commercial Customers w ith information about the program.
a. Classification of Commercial Customers . As a part of the Organic Waste Recycling Program enrollment phase commencing January 1, 2022, CONTRACTOR, work ing with the CITY, shall classify all new Commercial custom ers as a 'Tier One' or a 'Tier Two' Edible Food Generators . b. Init ial Report . Within thirty {30) days of the Effective Date of the Agreement , CONTRACTOR shall provide CITY info rmation regarding new Commercial custom ers classifying them as Tier One and Tier Two Commercial Edible Food Generators which shall include :
• Customer name
• Service address
• Contact informa tion
• Tier One or Tier Two classification
• Type of business
c. Annual Report. Commencing Decembe r 1, 2022, and annually th ereafter, CONTRACTOR shall provide CITY wi th an updated report identifyin g Tier One and Tier Two Commerc ial Edible Food Generators.
d. Education . At least once annually in its Commercial quarterly newsletter, CONTRACTOR shall prov ide Commercial Customers with info rmati on about:
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• City's Edible Food Recovery Program
• Requiremen t s of Commercial Edible Food Generator s under the SB 1383 Regulations (14 CCR, Chapter 12, Article 10)
• Food Recovery Organization s and Food Recovery Services • Actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste
G. CALRECYCLE REPORTING
Annually, wit hin ninety (90) days fol lowing the end of each calendar year, CONTRACTOR shall produce the following reports for CITY:
1. Mandated Recycling Programs
a. Commercial Estab lishments
• The number requ ired to recycle
• The number part icipating in recycling
• The number exempt from recycling by reason
• The numb er not parti cipating in recycling
• Description of prob lems encountered with recycling by Commercial establishme nts b. Multi-Family Dwellings
• The numb er required to recycle
• The number part icipat ing in recycling
• The number exempt from recycling by reason
• The number not particip atin g in recycling
• Description of problem s encounte red w ith recycling by Mu lti-Fami ly complexes
2. Mandated Organic Waste Recycling Programs
a. Commercia l Establishments - Green Waste
• The number requir ed to recycle green waste
• The numb er part icipating in green waste recycling
• The number exempt ed from green wast e recycling by reason • The number not part icipating in green waste recycling • Description of problems encountered with green waste recycling by Commercial establishmen t s
b. Commercial Establishment - Food Waste
• The number required to recycle food waste
• The number participatin g in food waste recycling
• The numbe r exempted from food waste recycling by reason Palm Springs Agreement Page 118
Item 3B - Page 133
• The number not participating in food waste recycling
• Description of prob lems encoun tered with food waste recycling by Commercial establishments
c. Commercial Establishment - Mixed Organic Waste
• The numb er requ ired to recycle mixed organic waste
• The number participatin g in mixed organic waste recycling • The numbe r exempted from mixed organic waste recycling by reason • The number not parti cipating in mixed organic waste recycling • Description of pro blems encoun tered with mixed organic waste recycling by Commercial establishments
d. Mul ti-Family Complexes - Green Waste
• The num ber required to recycle green waste
• The numb er participa ting in green waste recycling
• The number exempt from green waste recycling by reason • The number not participating in green waste recycling • Description of problems encoun tered with green waste recycling by Multi-Family comp lexes
e. Multi -Family Complexes - Mixed Organic Waste
• The numb er requi red to recycle mixed organic waste
• The number participating in mixed organic waste recycling • The number exempt from mixed organic waste recycling by reason • The number not parti cipating in mixed organic waste recycling • Description of problems encountered with mixed organic waste recycling by Multi Family complexes
3. Summary
A summ ary of enro llment, outreach, monit oring/inspec tions performed Palm Springs Agreemen t Page 119
Item 3B - Page 134
EXHIBIT 4: LIST OF CITY FACILITIES
CITY facilities wil l be provided all services listed Article 5.11 at no charge exclusive of C&D Debris generated from the removal, construction , remode ling or refurbishing of a CITY facility or public works project.
Collections at CITY faci lities will be scheduled at a time mutually agreed upon by the CONTRACTOR and th e CITY.
• Airport
• Animal Shelter
• City Hall
• City Corporate Yard
• Library Center
• Parks and Recreation Facilit ies
o Leisure Center-Pavilion-Swim Center-Sunrise Park
o Desert Highland Unity Center
o Demuth Park and Community Center
o Gateway Park
o Ruth Hardy Park
o Palm Springs (Angel) Stadium
o Tahquitz Creek Golf Resort
o Dr. R. G. Frey/Jaycee Building
• Public Safety Facilities
o Police Department
o El Cielo Road Headquarters Fire Station 2
o Racquet Club Road Fire Station 3
o Indian Canyon Drive Fire Station 1
o La Verne Way Fire Stati on 4
o Bolero Road Fire Station 5
• Tourism Facilitie s
o Convention Center
o Plaza Theater
o Village Green
o Visitor Information Center
Notw ithstanding the listing of the current facilit ies, it is expressly understood that the CITY may from t ime to time add or subtract from the foregoi ng facilities , provided t hat the new facilities are owned or leased by the CITY or its affiliated or subordinate agencies.
Palm Springs Agreement Page 120
Item 3B - Page 135
EXHIBIT 5: LIST OF CITY EVENTS
CONTRACTOR shall provide all necessary refu se and recyclable collection and disposal /processing services at t he following events subject to the limitations noted below . Service needs may change over time due to participation , duration of events, and implementation of new events or deletion of curren t events. CITY may supplement thi s list by giving written notice to th e CONTRACTOR of an additional CITY-sponsored event at least two (2) weeks befo re th e event. All one-time annual event service, including increasing service, shall be provided by CONTRACTOR at no additional charge.
On-Going Weekly Event s:
1. VillageFest, Downtown corridor (CONTRACTOR'S service to th is event is limited to providi ng Containers for use by the public. Collect ion services are provided by CITY forces .) Annual Events:
1. Festival of Lights Parade, Downtown corridor
2. Veteran's Day Parade, Downtown corridor
3. July 4th Celebration, Sunrise Park and Ruth Hardy Park
4. City Clean-ups, periodic events in unspecified Neighborhood s
5. Black History Parade and Festival , Down town corrido r and Frances Stevens Park
6. Pride Parade, Downto wn corridor
7. Tour de Palm Springs, temporary route
8. Women Running Wi ld, tempo rary rout e
9. Palm Springs High School Homecoming Parade, Downtown corridor
10. Desert Aids Walk, Downtown corridor
Palm Springs Agreeme nt Page 121
Item 3B - Page 136
EXHIBIT 6: LIST OF DESIGNATED FACILITIES
Contractor designates th e fol lowing Solid Waste Facilities for Solid Waste Collected in CITY.
1. Disposal Facilities
a. The Edom Hill Transfer Station (SWIS #33-AA-0296), Cathedral City is the primary facility for the delivery and disposal of Solid Waste collecte d in the City. As of July 1, 2021, th e Tip Fee at t his facility is $56.01 per ton.
2. Mixed Recycling Facility
a. The Edom Hill Transfer Station (SWIS #33-AA-0296), Cathedral City is the primary facility for the delivery and diversion of source-separated mixed recycling. As of July 1, 2021, the Tip Fee at this facili ty is $91.64 per ton.
3. Green Waste Facility
a. The Edom Hill Transfer Stati on (SWIS #33-AA-0296), Cathedral City is the primary facility for the deliv ery and diversion of mixed recycling. As of July 1, 2021, the Tip Fee at th is facili ty is $51.49 per ton .
4. Organic Waste Facility
a. The Edom Hill Transfer Stati on (SWIS #33-AA-0296), Cathedral City is th e primary facil ity for the delivery and diversion of source-separated food waste and commingled green waste and food waste. As of July 1, 2021, the Tip Fee at this facility $85. b. The Coachella Valley Compost (SWIS #33-AA-0292), Coachella is a secondary facility for the delivery and diversion of source-separated foo d waste and comm ingled green waste and food waste. As of July 1, 2021, the Tip Fee at this facility is $75.00 per ton.
5. Metal and White Goods
a. SA Recycling (SWIS #33-AA-0297), Thousand Palms is t he primary facility for the delivery and divers ion of metal and white goods. Tip fees at this facility vary by mate rial typ e and market price.
6. Construction and Demolition Waste
a. Desert Recycling (SWIS #33-AA-0309), Thousand Palms is the primary facili ty for the delivery and diversion of construc tion and demolition waste. Tip Fees vary by material type. b. Chandler Garnet (SWIS #33-AA-0383), Palm Springs is a secondary facility for the delivery and dive rsion of const ruction and demol ition waste. Tip fees vary by material type .
7. Electronic Waste
a. Desert Arc (CEW #114349), Palm Desert is the primar y facility for t he delivery and diversion of construc t ion and demolition waste . As of July 1, 2021 there is no t ip fee at this facility.
Palm Springs Agreement Page 122
ATTACHMENT B
Item 3B - Page 137
D R A F T
First Amendment to Palm Springs Agreement Page 1 of 7
FIRST AMENDMENT TO
AMENDED AND RESTATED FRANCHISE AGREEMENT FOR
SOLID WASTE COLLECTION SERVICES
BETWEEN THE CITY OF PALM SPRINGS AND
PALM SPRINGS DISPOSAL SERVICES
This FIRST AMENDMENT (“First Amendment”) to the Amended and Restated Franchise Agreement is made and entered into this 11th day of January, 2024 (“Effec�ve Date”) by and between the CITY OF PALM SPRINGS, a California municipal corpora�on, hereina�er referred to as “CITY”, and PALM SPRINGS DISPOSAL SERVICES, a California corpora�on, hereina�er referred to as “CONTRACTOR” for Solid Waste Collec�on Services.
RECITALS
WHEREAS, on October 1, 2022, the CITY and the CONTRACTOR entered into the Amended and Restated Franchise Agreement for Solid Waste Collec�on Services (“Agreement”); and, WHEREAS, CONTRACTOR ordered collec�on vehicles to implement the organics collec�on program, but supply chain issues have delayed the delivery �me of the vehicles such that the current remaining term is insufficient for CONTRACTOR to amor�ze its investment in replac ing equipment necessary to perform solid waste services under the Agreement; and, WHEREAS, CONTRACTOR desires to create jobs for unhoused and unemployed individuals; and, WHEREAS, CITY and CONTRACTOR desire to inves�gate and invest in a pilot program u�lizing zero emission vehicles for the collec�on of solid waste; and, WHEREAS, the CITY and CONTRACTOR desire to enhance organic waste collec�on services by offering kitchen pails to all residen�al customers to recycle food waste; and, WHEREAS, the CITY and CONTRACTOR desire to offer collec�on of bulky items to mul�- family dwellings at no cost to the CITY .
NOW, THEREFORE, in considera�on of the mutual promises of the par�es hereto and for the good and valuable considera�on, the receipt and sufficiency of which is hereby acknowledged, CITY and CONTRACTOR agree to amend the AGREEMENT as follows:
1. Sec�on 3.1 is hereby amended in its en�rety to read as follows:
“3.1 TERM
The Term of this Agreement shall begin October 1, 2022, and terminate on January 31, 2034, unless sooner terminated in accordance with the terms provided herein.”
2. Sec�on 5.6(C)is hereby amended in its en�rety to read as follows:
“C. Weekly Source Separated Green Container Organic Waste Collec�on. CONTRACTOR will provide each SFD with a wheeled Cart for automated Collec�on of SSGCOW. The default Item 3B - Page 138
D R A F T
First Amendment to Palm Springs Agreement Page 2 of 7 Service Level will be a 65 -gallon Cart collected weekly. CONTRACTOR shall provide a 95- or 35-gallon Cart as a subs�tute depending on the Customer’s preference and need. No discount will be given for using smaller Carts. Customers may add addi�onal Carts as needed at an addi�onal charge. Customers will be required to place the Cart(s) curbside for collec�on. Customers shall bag Food Waste in bags allowed by the Facility and communicated by the CONTRACTOR before deposi�ng Food Waste in Organic Waste Carts. CONTRACTOR shall offer SFD Customers with individual cart service, including those in MFD complexes, a 1.25-gallon kitchen pail to recycle Food Waste. Kitchen pails shall be delivered upon request at no cost to the Customer and are intended for indoor use by Customer. CONTRACTOR shall not be required to collect Organic Waste from these 1.25- gallon kitchen pails.”
3. Sec�on 5.7(C) is hereby amended in its en�rety to read as follows:
“C. SSGCOW Collection (Green Container). CONTRACTOR will provide wheeled Carts and Bins for the co-Collection of Green Waste and bagged Food Waste to all Customers requesting this service at rates not to exceed those set forth in Exhibit 1. Customers will have the opportunity to subscribe to the appropriate Service Level to accommodate the amount of waste material they generate. CONTRACTOR will provide Carts with green lids, Green Carts, Green Bins, and Roll- Off boxes for the co-Collection of Green Waste an d Food Waste .
Collection frequency will be at least once (1) per week and up to five (5) times per week.
Customers and CONTRACTOR will determine a mutually acceptable Collection location(s).
CONTRACTOR, with CITY’s administrative assistance in enrolling customers, shall enroll Multi- Family residential customers not currently enrolled in Green Waste Collection services, in Organic Materials Collection Services. CONTRACTOR shall offer each MFD complex a sufficient number of 1.25- gallon kitchen pails delivered upon Customer’s request for residents to accumulate Food Waste for recycling in CONTRACTOR -provided carts or Bins. Kitchen pails are intended for indoor use by Customer and CONTRACTOR shall not be required to collect Organic Waste from kitchen pails. Customers with individual Cart service in MFD complexes with space constraints, where manual service is currently provided, or as determined by the CITY and the CONTRACTOR shall be provided with a 2.5-gallon pail to collect Organic Waste.”
4. Sec�on 5.7(E) is hereby amended in its en�rety to read as follows :
“E. MFD On-Call Bulky Item Collec�on. CONTRACTOR shall provide on-call Collec�on of Bulky Items, as defined in the Agreement subject to the condi�ons of that program, to MFD residents with 48 hours’ no�ce to CONTRACTOR, excluding weekends. Items will be collected on Customer’s regular Collec�on Day from a suitable predetermined loca�on accessible to CONTRACTOR. CONTRACTOR will be required to separate and Recycle all commodi�es that can be feasibly recovered. Each MFD shall annually be provided two (2) Bulky Item collec�ons, consis�ng of up to two Bulky Items for each collec�on, at no cost.
Pick-up of more than two Bulky Items per Collec�on or more than two (2) collec�ons per MFD in a one (1) year period shall be subject to the charges in the approved Rate Schedule in Exhibit 1. When processing a request by a MFD Customer for an on-call Bulky Item pick- up, CONTRACTOR shall encourage the Customer to donate usable items to a community organiza�on and shall provide Customer with contact informa�on of poten�al community organiza�on alterna�ves.”
Item 3B - Page 139
D R A F T
First Amendment to Palm Springs Agreement Page 3 of 7
5. Sec�on 5.14(E) is hereby added as follows:
“E. Community Clean-Up Event s. CONTRACTOR shall annually conduct the following community clean-up events: two (2) curbside events for SFD Customers and two (2) drop- off event for City residents. A curbside event and drop-off event shall be conducted both in the Spring and in the Fall, on dates determined by CONTRACTOR and approved by CITY.
Community clean-up events shall be performed at no charge to CITY or SFD Customers.
Excluded Waste shall not be accepted.
• Curbside Events. During curbside clean-up events for SFD premises, CONTRACTOR shall Collect up to two of any combina�on of the following: Bulky Item(s), bag(s) consis�ng of contained excess household waste, or contained/ bundled yard waste not to exceed 50 pounds. The Bulky Items and/or Bags shall be placed at the curb by Customer by 6:00 A.M. on the Monday of the week of the curbside clean-up event to be collected by CONTRACTOR’s crews making one pass through the City during that week.
• Drop-Off Events. CONTRACTOR’s drop-off clean-up events for City residents shall be held at City Hall, or other loca�on approved by CITY, between the hours of 8:00 A.M. and 2:00 P .M. on a Saturday approved by CITY in the Spring and Fall.
CONTRACTOR shall provide (i) signage, (ii) personnel to direct traffic, and (iii) sufficient Drop Boxes and personnel to remove all material on the day of the e v e n t . C O N T R A C T O R s h a l l s e p a r a t e a n d R e c y c l e a l l c o m m o d i � e s t h a t c a n b e feasibly recovered. Solid Waste from Commercial Businesses shall not be accepted.”
6. Sec�on 5.14(F) is hereby added as follows:
“F. Document Shredding and E-Waste Recycling Events. CONTRACTOR shall annually conduct three (3) document shredding and E -Waste recycling events for City residents at no cost to CITY. T w o o f t h e e v e n t s s h a l l b e h e l d in conjunc�on with the April and October community clean-up drop off events described in subsec�on E above. The third event shall be conducted in January on a date and at a loca�on mutually agreed to by CITY and CONTRACTOR. Material from Commercial Businesses shall not be accepted.”
7. Sec�on 7.9(L) is hereby added as follows:
“L. Zero Emission Vehicle. CONTRACTOR shall place an irrevocable order for a zero emission vehicle (“ZEV”) Collec�on vehicle for opera�on in the CITY subject to: (1) CONTRACTOR’s sa�sfac�on that a ZEV can perform a full 8-hour workday in the desert environment in the summer; (2) grant funding ha ving been secured t o o ff s e t t h e c os t d i ff e r e n � a l o f a Z E V Collec�on vehicle over the cost of a conven�onal compressed natural gas -powered Collec�on vehicle; and, (3) grant funding having been secured to fund the acquisi�on and installa�on of u�lity electrical service upgrade and a charging system required to charge a ZEV Collec�on vehicle. If the three condi�ons are sa�sfied by October 1, 2024, CONTRACTOR shall place an order by said date for delivery of a ZEV Collec�on vehicle in 2024. If the three condi�ons are sa�sfied a�er October 1, 2024, CITY and CONTRACTOR shall meet and confer and mutually agree on the dates that the ZEV Collec�on vehicle shall be ordered and delivered by.”
Item 3B - Page 140
D R A F T
First Amendment to Palm Springs Agreement Page 4 of 7
8. Sec�on 7.16(F) is hereby added as follows:
“F. Hand-Up Program. Commencing July 1, 2024, or upon the opening of CITY’s Homeless Naviga�on Center, whichever occurs first, CONTRACTOR shall provide employment for up to eight (8) unhoused individuals referred to CONTRACTOR as qualified for employment by the Operator of CITY’s Homeless Naviga�on Center, subject to the following:
• Purpose. The purpose of the Hand -Up Program is to provide an opportunity for unhoused individuals to establish a current work history to supplement their quest for career employment.
• Defini�ons. As used in this Sec�on, the following terms shall have the following meanings:
o The term “Center” means the CITY’s Homeless Naviga�on Center located at 3589 McCarthy Road, Palm Springs.
o The term “ Provisional Employee” means individuals employed by CONTRACTOR in its Hand-Up Program.
o The term “Graduate” means individuals who have successfully completed employment as a Provisional Employee in CONTRACTOR’s Hand-Up Program.
o The term “Operator” means Martha’s Village and Kitchen, or its successor, selected by CITY to operate the CITY’s Homeless Naviga�on Center. o The term “Hand-Up Program” and “Program” means CONTRACTOR’s plan to employ eight (8 ) unhoused individuals full-�me for an employment cycle of six (6) months.
• CONTRACTOR’s Responsibili�es. The following describes some but not all of the roles and responsibili�es of the CONTRACTOR:
Provide CITY and Operator with a descrip�on of job requirements and minimum qualifica�ons for employment of job applicants referred by Operator.
Prepare its supervisors and employees for working with Provisional Employees.
Retain sole discre�on and authority regarding all maters regarding selec�on, employment, counseling, performance evalua�ons, discipline , and termina�on of Provisional
Employees.
Par�cipate in workforce educa�on and outreach efforts jointly with CITY and Operator advoca�ng for the employment of Graduates to employers in the area.
• The Jobs
o Job Duty Examples. Provisional Employees may be assigned to perform manual labor such as: washing Carts and Bins; labeling Containers, assis�ng with the delivery of Carts and Bins; performing truck terminal Item 3B - Page 141
D R A F T
First Amendment to Palm Springs Agreement Page 5 of 7 housekeeping chores; assis�ng in the manual collec�on of Solid Waste on Collec�on Routes, and other du�es as assigned.
o Employment Status. Employment status shall be temporary, full-�me. o Dura�on. The dura�on of employment shall be for a term up to 6-months.
Individual employees may be retained on different 6-month cycles. o Compensa�on. Provisional Employees shall receive compensa�on and/or benefits in accordance with all applicable laws.
o Pre-Employment Qualifica�ons & Procedures. Applicants for employment as a Provisional Employee shall be required to complete an applica�on, provide required documenta�on, and par�cipate in an employment interview. Any offer of employment shall be con�ngent upon proper documenta�on and successful comple�on of standard drug tes�ng and background checks . Provisional Employees are subject to the same random drug tes�ng protocol and background checks as CONTRACTOR’s other employees.
o Safety. CONTRACTOR will advise Provisional Employees that CONTRACTOR’s premises and the du�es to be performed by Provisional Employees are inherently dangerous. Provisional Employees will be trained in safe prac�ces by CONTRACTOR. Failure of a Provisional Employee t o adher e to saf e pr ac�ces will not be toler ated and ma y be cause for immediate termina�on.
o Expecta�ons. Provisional Employees will be expected to adhere to workplace standards, including, but not limited to, regular and punctual atendance; compliance with oral and writen direc�on; displaying a strong work ethic; and the ability to operate effec�vely and respec�ully in the workplace.
o Eligibility for Further Employment. Provisional Employees will be eligible to apply for employment with CONTRACTOR when posi�ons for which they are qualified become available.
o Personal Equipment. CONTRACTOR shall provide Provisional Employees with work uniforms and with personal protec�ve equipment such as eye protec�on, hearing protec�on, and work gloves.
• Advocacy. In coopera�on with CITY staff and the Operator, CONTRACTOR shall provide employment recommenda�ons and promote the employment of program Graduates to local employers.”
9. Sec�on 8.1(E)(a) is hereby amended in its en�rety to read as follows :
"a. CONTRACTOR Contribu�on. On or before October 1, 2022 , and each October 1 therea�er, CONTRACTOR shall contribute Twenty -Five Thousand Dollars ($25,000.00) to a fund to be used to assist qualified low -income residen�al Customers with payment of their Solid Waste bill.
Contribu�ons shall not be funded by Customers. If the number of Customers eligible for and par�cipa�ng in the Low-Income Financial Assistance Program results in disbursements equal to or less than Twenty-Two Thousand Dollars ($22,000) in one year, then Three Thousand Dollars ($3,000.00) of Item 3B - Page 142
D R A F T
First Amendment to Palm Springs Agreement Page 6 of 7 the annual contribu�on shall be used by CONTRACTOR to provide vouchers to or to reimburse Provisional Employees for safety or work equipment/clothing, including footwear. When the disbursements for the Low-Income Financial Assistance Program are projected to exceed Twenty-Two Thousand Dollars ($22,000) in one year, then the amount of the annual contribu�on to be used by CONTRACTOR to provide vouchers to or to reimburse Provisional Employees for safety or work equipment/clothing, including footwear , shall be the remaining unused por�on of the annual contribu�on.
10. Effec�ve Date. The effec�ve date of this First Amendment shall be the Effec�ve Date.
11. Full Force and Effect . This First Amendment is supplemental to the Agreement and is by reference made a part of said Agreement. All of the terms, condi�ons, and provisions of the Agreement, unless s p e c i fi c a l l y m o d i fi e d h e r e i n , s h a l l c o n � n u e i n f u l l f o r c e a n d e ff e c t . I n t h e e v e n t o f a n y c o n fl i c t o r inconsistency between the provisions of this First Amendment and any provisions of the Agreement, the provisions of this First Amendment shall in all respects govern and control.
12. Corporate Authority. The persons execu�ng this First Amendment on behalf of the p ar�es hereto warrant (i) such party is duly organized and exis�ng, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, and (iii) by so execu�ng this First Amendment, such party is formally bound to the provisions of this First Amendment.
13. Counterparts. This First Amendment may be executed in counterparts, each of which is deemed an original, but all of which cons�tute one and the same agreement. Delivery of an executed counterpart of this First Amendment electronically shall be effec�ve as delivery of an original executed counterpart of this First Amendment.
Signature page follows
Item 3B - Page 143
D R A F T
First Amendment to Palm Springs Agreement Page 7 of 7 IN WITNESS WHEREOF , CITY and CONTRACTOR have executed this First Amendment on the Effective Date.
City of Palm Springs
Palm Springs Disposal Services
Jeffrey Bernstein
Mayor
Rick Wade
Chief Executive Officer
Scott Stiles
City Manager
Chris Cunningham
President
APPROVED AS TO FORM:
Jeff Ballinger
City Attorney
ATTEST:
Brenda Pree
City Clerk
Item 3B - Page 144
ATTACHMENT C
Item 3B - Page 145
Your sustainability partner
4690 E. Mesquite Avenue | P.O. Box 2711 | Palm Springs, CA 92263 | 760-327-1351 | palmspringsdisposal.com
July 26, 2023
Mr. Scott C. Stiles, ICMA-CM
City Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Via electronic mail
[email protected]
Original hand-delivered
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
Dear Mr. Stiles:
On behalf of Rick Wade and Bob Kuznik, I want to thank you and Mr. Flinn Fagg for making time to meet with us to introduce ourselves and our company.
The purpose of this letter is to provide you with an update on SB 1383 services and to address some immediate issues and new opportunities.
SB 1383 UPDATE
We are pleased to report that the City is in full compliance with CalRecycle’s compliance calendar having completed all 22 required tasks.
We are also pleased to report that the SB 1383 Residential Organic Waste Recycling Program is operating as designed with over 60% participation and negligible contamination.
RESIDENTIAL ORGANICS PROGRAM ROLLOUT
The centerpiece of SB 1383 is its residential organic waste recycling component.
We completed the roll-out of the residential organic recycling carts and education material in September 2022 and commenced collection services beginning October 1, 2022, on schedule and with minimal disruption to customers.
Aware of the schedule that the City was under from CalRecycle, we placed orders for the program’s collection vehicles a year ahead of the City Council’s actual approval of the Agreement. However, supply chain issues delayed deliveries and we have relied upon our back- up vehicles to perform this service for almost a full year.
Item 3B - Page 146
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
In recent days we have finally taken delivery of 2 of the 3 new vehicles with the delivery date of the 3rd not yet confirmed. We are currently working on warranty issues, signage, and outfitting and you will soon see these vehicles at work as they are made road ready.
TERM LIMITATIONS
Having continual access to reliable equipment is essential to our performance. Collection vehicles have a useful life of about 7-years of frontline duty, and we routinely invest in replacements to maintain an average fleet age of about 5 years. The solid waste industry is a capital-intensive business and vehicles in our next replacement order will cost over $500,000 each.
Since the pandemic, supply chain conditions have continued to deteriorate for collection vehicles with lead-times now reaching 36-months. Industry experts foresee no improvement in this condition through 2025 and only slight improvement thereafter but never returning to the 14-month lead-times of 2019.
1 The current Franchise Agreement became effective April 1, 2014, for a term of 15-years. That Agreement was amended by the City Council on September 1, 2022, effective October 1, 2022, to add SB 1383 services. The March 30, 2029, expiration date remained unchanged.
We currently operate a fleet of 34 collection vehicles for Palm Springs. We are ready to place a $4.5 million order for our next round of 9 replacement vehicles, but the extended lead-time and 7-year useful life cause the financing and amortization period to extend well beyond the remaining term of our Franchise Agreement. The option of not replacing vehicles for the remainder of the Agreement would certainly impede our ability to perform.
Figure 1 on the next page compares the amortization period for new vehicle acquisitions with the remaining term of the current Franchise Agreement and demonstrates that the next round of acquisitions will fall substantially outside the term of the current Agreement.
Continued on next page
1 ‘Investor Summit Observations’, Michael Hoffman, Managing Director, Equity Research, Stifel Financial Corp., Waste Expo, May 2, 2023.
Item 3B - Page 147
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
Figure 1. PSDS collection vehicle acquisition plan.
Our Request
We are therefore requesting that the City consider extending the term of our Franchise Agreement by 4-years, 6-months (from March 30, 2029, to September 30, 2033) to provide adequate term to procure, finance, and amortize the next round of replacement collection vehicles.
Comments
This request does not impact customer rates.
We wish to point out that an extension for replacement equipment wasn’t addressed in 2022 when the Franchise Agreement was amended because at that time the City was under an Order to Comply. At that time CalRecycle was closely monitoring the City’s progress in adopting ordinances, approving a franchise agreement, and implementing programs; the urgency and focus was entirely on completing an amendment to implement SB 1383 services and complying with CalRecycle Regulations.
ENHANCEMENTS
We realize that this extension request is unexpected, and we therefore wish to accompany the request with an offer of enhancements to the Franchise Agreement including:
• A Zero Emission Vehicle
• New jobs reserved for Navigation Center Referrals
• Work wear funding for Navigation Center Referrals
Item 3B - Page 148
+- Remaining Term of current Agreement +- Period of Extension ~ ,8Qlll.!_
2023 ~t:li¥t:cit:s Ordered August 2021
Order & Build Phase Deliveries occuring 7
Amortization Phase 84-months ' . ~
2024 Dflivf rifl Ordered June 2022
Order & Build Phase 18-mos. remaining J
Amortization Phase 84-months . ••:-.-,. ~
2Q2§ Df livf rlf i
City Evaluation & Processing Phase 3•months Order & Build Phase 36-months I I Amortization Phase 84-months
·· ~
Calendar Year I 20f 3 I 2024 I 2025 I 2026 I 2021 I 202s I 2029 I 2030 2031 I 2032 I 2033 Key Dotes July 1, 2023 March 30, 2029 September 30, 2033 (Today) (End of Agmt.) (End of Extension)
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
ZERO EMISSION VEHICLE (“ZEV”)
Note, a Zero Emission Vehicle (“ZEV”) is a class of solid waste collection vehicles that may utilize rechargeable electric technology or hydrogen fuel cell technology. Electric waste collection vehicles are commercially available today while hydrogen vehicles are an immerging technology for our industry.
Proposal
We propose an amendment to the Franchise Agreement to stipulate that we will place an irrevocable order for a ZEV Collection Vehicle within 6-months of approval for delivery in 2026 or as soon thereafter as practical.
(The only conditions placed on this commitment are: (1) we are satisfied that a ZEV can perform a full 8-hour workday in our Desert environment; (2) that grant funding is confirmed to be available to offset the estimated premium cost of a ZEV over a conventional CNG-powered collection vehicle; and, (3) determining the cost of the utility-charging system/refueling station installation and confirmed availability of grant funding for that capital outlay.)
Description
It is our intention to become the first solid waste hauler in the Coachella Valley to put a ZEV on the route and to have a head start toward a full fleet conversion to ZEV in the years ahead.
Our due diligence investigation of ZEV collection vehicles is focusing on 4 areas:
• Duty Cycle. Will a ZEV be able to complete a full day’s route in our Desert environment with the vehicle able to handle transporting the last load uphill to the transfer station? • Acquisition Cost. What is the cost of a ZEV, and will operational savings be sufficient to offset that increased cost (including the added finance and amortization costs)? • Payload. ZEV powered units can be up to 6,000 pounds heavier than CNG powered units resulting in a loss of payload capacity. What impact will this have on the number of vehicles required to do the job?
• Charging/Refueling System. What is the cost of the needed utility-charging/refueling system, funding availability, and what is the lead-time to install? As part of our due diligence, we are in conversation nationwide with other haulers that are performing demonstrations tests and we have our own electric ZEV demo scheduled to test the full workday duty cycle under extreme heat conditions.
Item 3B - Page 149
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
We have extended an invitation for City representatives to attend a hosted introduction of electric ZEV solid waste vehicles in Fontana on August 23, 2023, and to observe our route demonstration, also in August.
Alignment with City’s Strategic Plan
This program aligns with the City Council major theme/principle of Environmental Stewardship by introducing a zero emission vehicle.
‘HAND UP’ PROGRAM
(The name we give to this program emphasizes that it is a ‘hand up’, NOT a ‘hand out’.)
Proposal
We propose a cooperative arrangement with the City’s Homeless Navigation Center to employ the Center’s referrals in 4 job positions each lasting up to 4-months per cycle thereby assisting up to 12 unhoused individuals annually on their journey from homeless-to-housed.
Description
The City is embarking on new public service to assist unhoused people on their journey from being homeless-to-housed; employment is a key element to that journey. A significant barrier to employment is the lack of recent work history. Our Hand-Up Program will assist up to 12 unhoused individuals annually by enabling them to fill their job history gap by working in 4 full- time temporary jobs for a cycle of 4-months. Upon the completion of the job cycle, each ‘graduate’ can emerge with a new up to date work history.
The program will operate under the supervision of the staff of the City’s Homeless Navigation Center, who will provide referrals with coaching and guidance.
Those entering the program will be expected to adhere to workplace standards in exchange for which PSDS will offer testament to their attendance, ability to follow direction, work ethic, and ability to operate effectively in a workplace environment. All PSDS employees are subject to drug testing at employment and randomly thereafter.
Program ‘graduates’ will need support as they transition from these temporary positions to the local labor pool. Navigation Center staff and PSDS can assist that transition by serving as references and by advocating on their behalf to the local business community as they search for full-time employment. Of course, successful graduates will also be eligible for consideration for full-time jobs with PSDS as vacancies occur.
Item 3B - Page 150
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
This program has the potential to assist up to 12 Homeless Navigation Center referrals annually at a cost of $165,000 for wages (the minimum hourly wage rate applies) and payroll added costs, funded by PSDS.
Alignment with City’s Strategic Plan
This program aligns with the City Council Quality of Life Goal of Improving Homelessness by providing homeless individuals an opportunity to re-enter the workforce with a current job history.
LOW-INCOME FINANCIAL ASSISTANCE PROGRAM
Proposal
We propose to work with City Staff on additional outreach and education efforts to promote the Low-Income Financial Assistance Program.
(However, given the fact that tenants don’t qualify for assistance because they don’t directly pay a bill, we doubt that the number of eligible customers will change significantly because of additional outreach.)
Therefore, in conjunction with the Hand-Up Program described above, we further propose an amendment to the Low-Income Financial Assistance Program to permit PSDS to annually direct any unexpended funds to the City’s Homeless Navigation Center to be used exclusively for providing appropriate work attire for those hired into the PSDS Hand-Up Program.
Description
The amended Franchise Agreement provides a 15% discount to income qualified individuals.
Neither we nor City Staff and City Council knew what to expect from the Low-Income Assistance Program.
To date, 33 assistance awards have been approved by the City. The awardees are disbursed among the 5 City Council Districts as follows:
District 1 (13), District 2 (8), District 3 (2), District 4 (7) and District 5 (3).
We think there are fundamental reasons why so few residential customers have applied for assistance:
• Low-income households tend to be tenants rather than property owners. • Solid waste service for single family rentals is customarily arranged and paid for by the landlord, the cost of which is included in the rent.
Item 3B - Page 151
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
• Multi-family complexes are billed for service on a master account and therefore tenants do not receive individual bills directly.
We will work with City Staff on performing more outreach and education to promote the Program in the community. However, given the fact that tenants don’t qualify because they don’t pay a bill directly, we have doubts that the number of customers awarded assistance will change significantly.
In the spirit of assisting the community’s underprivileged, we therefore propose an amendment to Section 8.1.E of the Agreement to authorize PSDS to annually direct the Program’s unexpended funds to the City’s Homeless Navigation Center to be used exclusively to provide work apparel for those being referred to the Hand-Up program described above.
We believe that this program amendment will both optimize the effectiveness of the Low- Income Assistance Program and further assist those in need.
Alignment with City’s Strategic Plan
This program aligns with the City Council Quality of Life Goal of Improving Homelessness by funding work wear for unhoused individuals.
FUTURE FACILITIES
Finally, we are taking this opportunity to announce that we have commenced investigations that hold the potential for further improving sustainability programs and offering yet more employment opportunities for homeless individuals in our Palm Springs-Desert Hot Springs service area:
• A Material Recovery Facility (“MRF”) to process mixed recycling • A Construction, Demolition & Inert (“CDI”) Waste Diversion Facility to meet CALGreen diversion standards
• A Food Waste Pre-Processing Facility to optimize food waste diversion and recovered organic products
We believe that our jurisdictions will accrue several benefits from our operating our own facilities:
• Ability to guarantee capacity to our jurisdictions
• Ability to regulate tip fees
• Ability to reserve new jobs for unhoused individuals
• Ability to better monitor and intervene in route contamination Item 3B - Page 152
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
• Ability to better control output quality
• Ability to designate output markets
Investments in facilities such as these are significant, and we intend to utilize financing from California I-Bank, tax-exempt financing from the California Pollution Control Financing Authority, or similar sources. Financing will require cooperation from the City to optimize the length of agreement and incorporate waste flow commitments.
Alignment with City’s Strategic Plan
These future facilities would align with the City Council Quality of Life Goal of Improving Homelessness by providing new jobs and with the City Council major theme/principle Environmental Stewardship by enhancing sustainability programs.
PERFORMANCE
PSDS has a long history of service to and partnership with Palm Springs. Over the years Palm Springs, and the other cities in the Coachella Valley, have elected to negotiate renewals to their franchise agreements rather than conduct competitive procurements because each governing body has been more than satisfied with the quality of service and the pricing offered. Each jurisdiction has found it to be in the public’s interest to approve renewals and extensions.
To ensure that a renewal is in the public’s best interest, the City of Palm Springs has regularly performed performance reviews, the last of which was performed in 2021 leading up the recent amended Agreement. The following Table summarizes the areas of review and the findings of recent and past performance reviews.
Table 1
Performance Review History
Review Topic Findings
Technical Review Technologies are appropriate; in compliance with agreement Rate Review Rates are reasonable for services, terms & conditions Service Review Customers are highly satisfied; programs are highly effective Compliance Review Fully compliant with agreement, laws, & regulations (especially important with regulations such as AB 939, Rule 1193, AB 341, AB 1825 & SB 1383)
Financial Review Billings are accurate; payment of City fees are accurate Other PSDS is highly responsive to City issues and requests
Item 3B - Page 153
Mr. Scott C. Stiles July 26, 2023
SB 1383 UPDATE AND FRANCHISE AGREEMENT MATTERS
PSDS 50+ years of service
SUMMARY
In summary, we are requesting that City Staff consider recommending Amendment No. 1 to our Franchise Agreement to the City Council for their consideration:
1.) Amend Section 3.1 to extend the term of the Agreement to 4 years and 6 months to September 30, 2033, to enable PSDS to proceed with capital investments in collection equipment necessary to maintain operations.
2.) Amend Section 7.9 to add a Subsection L requiring that PSDS order a Zero Emission Vehicle within 6-months of the City Council’s approval of Amendment No. 1.
3.) Amend Section 7.16 to add a Subsection F requiring PSDS to allocate 4 full-time temporary positions for the employment of homeless individuals referred by the City’s Homeless Navigation Center of up to 4-month duration each for the purpose of enabling the referred individuals to establish a recent work history to further their individual pursuit of full-time employment.
4.) Amend Section 8.1.E to authorize PSDS to annually redirect unspent Low-Income Financial Assistance funds to be applied to operating expenses of the City’s Homeless Navigation Center on an as-needed basis.
Any necessary amendments to the Agreement related to future facilities will be brought back to the City for consideration as specific details are available.
We thank you for the opportunity to share this message and we are available to answer your questions or provide additional information.
Respectfully submitted,
Chris Cunningham
President
cc: Flinn Fagg, Deputy City Manager
Lindsay-Paige McCloy, Director of Sustainability
Jay Virata, Director of Community & Economic Development Item 3B - Page 154
CITY COUNCIL STAFF REPORT
DATE: JANUARY 11, 2024 BUSINESS & LEGISLATIVE
SUBJECT: APPROVE SCOPE OF WORK FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN LIBRARY RENOVATIONS, AND 19-18, JC FREY BUILDING REHABILITATION AND PROVIDE
DIRECTION FOR ISSUANCE OF DEBT SERVICE
FROM: Scott C. Stiles, City Manager
BY: Library and Engineering
SUMMARY
Approval of Scope of Work (Attachment A) for Palm Springs Public Library renovation projects 16-08, Main Library Renovations, and 19-18, JC Frey Building Rehabilitation, will establish guidelines for r emaining architectural and engineering work related to design development, construction documents, bidding, and construction administration . Once Scope of Work is determined, a contract amendment will be brought forward at a future meeting.
RECOMMENDATION:
1. Approve Scope of Work for Main Library Renovation Project 16- 08 and JC Frey Building Project 19-18.
2. Direct staff to start process for issuance of Debt Service for the Main Library renovation. (This is not an official Authorization to Bond, that will come at a later meeting once an amount is determined.)
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Conflict of Interest and Non- Discrimination Certification and Public Integrity Disclosure form s (Attachment B) submitted on May 3, 2023, Group 4 Architecture, Research + Planning, Inc. , is a corporation registered in the s tate of California.
Item 3C - Page 1
City Council Staff Report
January 11, 2024 – Page 2
Library Renovation Scope of Work
BACKGROUND:
On September 14, 2023, City Council approved Professional Services Agreement No. 23Q183 (Attachment C) with Group 4 Architecture, Research + Planning, Inc. for Phase 1 architectural and design services for an amount not to exceed $1,838,898. Based on this agreement, Group 4 Architecture, Research + Planning, Inc. was to provide architectural design services for the grant -funded portion of the Main Library and architectural design work on the JC Frey Building. Group 4 Architecture, Research + Planning, Inc. was to conduct programming and estimating services for all the non-grant funded work under Agreement No. 23Q183. It was expected that Group 4 Architecture, Research + Planning, Inc. would return with a recommended S cope of Work and cost estimate for the non-grant-funded portion of the project for Council to approve.
STAFF ANALYSIS:
Since approval of Professional Services Agreement No. 23Q183, Group 4 Architecture, Research + Planning, Inc. has gathered data from Library and City Engineering staff, conducted community input sessions, conducted a community survey, and engaged engineers and other specialty architects for site visits and data gathering. They have held multiple project management team meetings, technical meetings with Library staff, and steering committee meetings with stakeholder group representatives from the city, Library Board of Trustees, Friends of the Palm Springs Library, and Palm Springs Public Library Foundation. Over 1,000 people participated in the community input sessions and survey.
As a result of these meetings and project cost estimates, staff and stakeholder groups recommend completing all aspects of the Main Library building renovation and the JC Frey Building renovation, while holding the Event Center project for a future phase. The Main Library renovation would include both grant -funded tasks and non- grant funded tasks as presented in the Scope of Work (Attachment A).
ENVIRONMENTAL ASSESSMENT
:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not consider a “Project.” However, future phases of this project may require CEQA actions.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority 2A, Improve City Facilities.
FISCAL IMPACT:
$15,270,884 in existing funds authorized by City Council include:
Item 3C - Page 2
City Council Staff Report
January 11, 2024 – Page 3
Library Renovation Scope of Work
• Building Forward, Library Infrastructure Grant funds $6,569,942 from California State Library
• City of Palm Springs matching funds of $6,569,942 authorized and included in the 5-year Capital Improvement Project budget Fund 260, Measure J • $1,000,000 authorized and included in the 5- year Capital Improvement Project budget in Fund 260, Measure J for additional non-grant funded expenses • $1,131,000 in Measure J funds authorized for general use for the JC Frey Rehabilitation project and included in the 5 -year Capital Improvement Project budget in Fund 260, Measure J
Funds needed but not yet approved:
• The City plans to finance the remaining funds needed for renovation through a public debt issuance. Expected remaining funds needed are a rough order of magnitude estimate at this time and anticipate the range to be approximately $25 - $30 million. The annual debt service would be in the area of $2 million. City Staff has discussed with the Measure J Commission the desire for the use of Measure J funds to pay the annual debt service. Once the specifics are known, the Measure J Commission will bring a recommendation to the City Council for annual repayment of the debt service.
REVIEWED BY:
Library Department Director: Jeannie Kays
Engineering Department Director: Joel Montalvo
Director of Finance & Treasurer: Kristopher J. Mooney
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Library Renovation Scope of Work
B. Public Integrity Disclosure Form
C. Professional Services Agreement 23Q183
Item 3C - Page 3
ATTACHMENT A
Item 3C - Page 4
12/28/2023
Project Data Budget Data Frey Main Building
Alternate 01
Event Center
TBDC p19-27 TBDC p3-18 bldg, p28-
31 site TBDC
Building 38,930 GSF CONSTRUCTION HARD COSTS Unit cost % Project Cost Project Cost Project Cost Frey 3,460 GSF
Main Library 35,470 GSF Site
Site Preparation $0.57 / GSF $140,000
Event Center 6,500 GSF Site Improvements $15.79 / GSF $3,868,310 3 Site Utilities - Mechanical $0.41 / GSF $100,000
Site Area 245,000 GSF Site Utilities - Electrical $0.20 / GSF $50,000 Landscaping 24,965 GSF Subtotal Site Direct Costs $4,158,310 Parking 191,100 GSF
Construction Start 11/1/2020 Building
Haz Mat Abatement $7.98 / GSF $65,000 $245,500
Substructure (Foundations) $9.46 / GSF $9,750 $358,600
Shell $68.34 / GSF $240,200 $2,420,320
Interior Construction $72.84 / GSF $205,625 $2,629,960
Services $182.84 / GSF $499,459 $6,618,565
Equipment + Furnishings (fixed shelving) $10.38 / GSF $2,100 $401,810 Special Construction + Demolition $3.51 / GSF $15,110 $121,410 Subtotal Building Direct Costs $355.34 / GSF $1,037,244 $12,796,165 $10,797,600 Midpoint Construction #REF!
Design Contingency 10% 1 $103,724 $1,695,448 $1,079,760 Subtotal Building + Site Direct Costs $508 / GSF $1,140,968 $18,649,923 $11,877,360 General Contractor
Site Requirements 4.0% $45,639 $745,997 $475,094
Jobsite Management 7.0% $79,868 $1,305,495 $831,415
Bonds + Insurance 2.5% $31,662 $517,535 $329,597
Contractor's Overhead & Profit 5.0% $63,324 $1,035,071 $659,193 Subtotal GC 19.3% $220,492 $3,604,098 $2,295,300
Escalation (compounded to mid-point of construction, August 2025) 8.50% $96,982 $1,585,243 $1,009,576 Subtotal Building + Site Construction Costs BID TARGET $649.83 / GSF 2 $1,458,443 $23,839,263 $15,182,235 Bid Contingency 5.0% $72,922 $1,191,963 $759,112
Construction Contingency 15.0% $218,766 $3,575,890 $2,277,335 TOTAL CONSTRUCTION COSTS $780 / GSF $1,750,131 $28,607,116 18,218,683$ FFE & Technology
FFE
Shelving inc. under Furnishings (fixed)
Library Furniture $10.00 / GSF $34,600 $354,700
Public Furniture $25.00 / GSF $886,750 $162,500
Office Furniture $6.00 / GSF $20,760 $212,820 $39,000
Technology (library RFID, self-check, gates, computers, printers, etc.) $8.00 / GSF $283,760 Technology (phones, TVs, projectors, etc.) $8.00 / GSF $283,760 $52,000 Signage (wayfinding) $5.00 / GSF $177,350 $32,500
Collections (new materials) $0.00 / GSF $0
Event Center Risers & Lighting $400,000
FFE Contingency 10% $5,536 $219,914 $68,600
TOTAL FFE and Technology BUDGET $64 / GSF 60,896$ 2,419,054$ 754,600$
SOFT COSTS
Professional Fees
Design Fees (basic services, does not include LEED) 11% $160,429 $2,622,319 4 $1,306,510 Construction Management 8% $91,277 $1,491,994 4 $950,189 City Fees/Permits 2% $35,003 $572,142 4 $364,374
Other (testing, environ, etc.) 2% $35,003 $572,142 4 $364,374 Temporary Facilities - Welwood Murray, Community Pop-up, warehouse storage (Bldg C Nav Cntr) $400,000 4 Relocation Moving Storage Costs $200,000 4
Soft Cost Constingency 5.0% $16,086 $292,930 $149,272
TOTAL SOFT COST BUDGET $167 / GSF 337,797$ 6,151,527$ 3,134,718$ TOTAL HARD, SOFT, AND ESCALATION $1,010 / GSF $2,148,824 $37,177,697 $22,108,000 COMBINED MAIN AND J.C. FREY EXCLUDING EVENT CENTER
Expected range low -5.0%
Expected range high +15.0%
Notes
1 Carrying a design contingency of 10%
2 Assumes both Main Library and JC Frey done concurrently under a single construction contract 3 Site improvements beyond utility installation repair and floor mitigation can be designed as add alternates 4 Soft costs allowances based on current understanding. $45,300,000
Palm Springs Library – SCHEMATIC DESIGN PHASE Project Budgets $39,326,522
$37,400,000
Item 3C - Page 5
-
ATTACHMENT B
Item 3C - Page 6
53 GROUP 4 ARCHITECTURE E . FORMS
Item 3C - Page 7
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Group 4 Architecture, Research + Planning, Inc
Address of Entity (Principal Place of Business)
211 Linden Ave South San Francisco, CA 94080
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
12\j Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Dawn Merkes [29 Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
David Schnee
IZ] Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
Jonathan Hartman [29 Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
54 GROUP 4 ARCHITECTURE E . FORMS
Item 3C - Page 8
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
A. 25.91% Dawn Merkes Group 4 Architecture, Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B. 25.00%
David Schnee Group 4 Architecture, Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C. 21.36%
Jonathan Hartman Group 4 Architecture , Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D. 15.46%
Andrea Gifford Group 4 Architecture, Research + Planning, Inc - [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E. 5.46%
Jill Eyres Group 4 Architecture, Research + Planning, Inc [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.
-
~ D:;}? ~;,r;_ ame, Title
Date
s-j~:2,£
Rosan?J;£n, Controller
_ :::,.
ATTACHMENT C
Item 3C - Page 9
55575.18165\32900157.2
Revised: 12.1.2021
1 PROFESSIONAL SERVICES AGREEMENT 23Q183
PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“ Agreement”) is entered into, and effective on September 18, 2023, between the CIT Y OF PALM SPRINGS, a Califo rnia charter city and municipal c orporation, (“City”) and Group 4 Architecture, Research + Planning, Inc., a California Corporation, (“Consultant”). C ity and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the service s of a li censed architect, for the Palm Springs Public Library Renovation Design Services (“Project”).
B. Consultant has submitted to City a statement of qualifications to provide professional design services, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide t hese services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THE REFORE, in consideration of the promises and mutual obligations, covenants, and condi tions c ontained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with a ll terms and condi tions of thi s Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”) , which is attached and incorporated herein by this reference. As a m aterial inducement t o the City entering into this Agreement, Consultant represents that Consultant is a provider of professional s ervices and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and exper ience, Consultant shall perform the Work in a competent, professional, and satisfactory manner consistent with but limi ted to t he level of care and skill ordinarily exercised by other experienced and well qualified members of the profession currently practicing in the same or similar locality and under similar conditions.
1.2 Contract Documents . The Agreement between th e Parties shall consist of the following: (1) this Agreement; (2) the Scop e o f Services; (3) the City’s Request for Qualifications; and, (4) the Consultant’s signed, original statement of qualifications submitted to the City (“Consultant’s Qualifications”), (collectively referred to as the “Contract Documents”).
DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 10
55575.18165\32900157.2
Revised: 12.1.2021
2 The City’s Request for Qualifications and the Consultant’s statement of qualifications, which are both a ttached as Exhibit “C”, respectively, are incorporated he rein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Statement of Qualifications. All provisions of the Scope of Services, the City’s Request for Qualifications and the Consultant ’s statement of qualifications shall be binding on the Parties. Should any conflict or inconsistency exist in the C ontract Documents, the conflict or i nconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priori ty: (1st) the provisions of the Scope of Services (Exhibit “A” ); (2nd) the provisions of the City’s Reques t for Qualifications; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s statement of qualifications.
1.3 Compliance with Law. Consultant represents that all Services rendered shall be performed in a ccordance with all applicab le federal, state, and local laws , statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all viola tions of such l aws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, an d Assessments. Consultant represents to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement.
Consultant represents to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are neces sary fo r t he Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalti es, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Consul tant represents that Consultant (a) has thoroughly investigated and considered the Scope of Ser vices to be performed, ( b) has carefully considered how the S ervices should be performed, and (c) fully understands the facilities , difficu lties, and restrictions attending performance of the Services under this Agreement. If the Services in volve work upon any site, Consultant re presents that Consultant has or will investiga te the sit e and is or will be fully a cquainted with the condi tions there existing, prior to com mencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially a ffect the performance of the Services, Consultant shal l immediately inform the City of such fact and shall n ot procee d except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to fu rnish continuous protection to the Work and the equipment, ma terials, papers, documents, plans , studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 11
55575.18165\32900157.2
Revised: 12.1.2021
3 1.7 Further Responsibilities of Parties . P arties agree to use reasonable care and diligence to perform their re spective obligations under this Agreement. P arties agree to act in good faith to ex ecute all instruments, prepare all documents , and take a ll actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding t o, or deducting from such Work. No such extra work may be undertaken unless a writ ten order is first given by the City to the Consultant, incor porating a ny adjustment in (i) th e Maximum Contract Amount, as defined below, and/or (ii) the time to perform th is Agreement. Any adjustments must al so be approved in writing by the Consultant . Any increase in compensation of up t o twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City M anager, or his designee, as may be needed to perform a ny extra work. Any greater incr eases, occurring eithe r separat ely or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this s ection shall not apply to the services specifically s et forth or reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the S ervices rendered under this Agreement, Consultant sha ll be compensated by C ity in accordance with the Schedule of Compensa tion, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of $1,838,898 for Phase I of the pr oject ("Maximum Contract Amount"), except as may be provided under Section 1.8. Phase II will be negotiated at a later date and added to the contract via amendment. The method of c ompensation shall be as set forth in Exhibit “B. ” C ompensation for necessary expenditures for reproduction c osts, telephone expenses, and transportat ion expenses must be ap proved in advance by the Contract Officer designated und er Section 4.2 and will only be approved if such ex penses ar e also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consul tant at all project meetings reasonably deemed necessary by the City.
Consultant shall not be entitled to an y increase in the Maxi mum Contract Amount for attending these meetings. Consultant accepts the risk that t he services identified in the Scope of Ser vices may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be ent itled to additional compensatio n, and that the provisions of Se ction 1.8 shall not be applicable to the services identified in the Sco pe of Services . If the C ity’s Maximum Contract Amount is reached before the Consul tant’s Services under this A greement ar e completed, Consultant shall complete the Work and C ity shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Paymen t. Unless another meth od of payment is specified in the Schedule of Compens ation (Exhibit “B”), in any mont h in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such req uests shall be based DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 12
55575.18165\32900157.2
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4 upon the amount and value of t he Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of a ll costs incurred and tasks performed during the period covered by the invoice, as may be requi red by t he City. City shall use reasonable efforts to make payments to Consul tant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of S ervices 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 modificati ons 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 Agr eement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement i s subject to and contingent upon funds being appropriated by the City Council for e ach fiscal year covered by the Agr eement. If such appropriations are not made, this Agreement shall automat ically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of th e essence in the performance of this Ag reement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prose cute regularly and dili gently the Work of this Agreement according to the ag reed upon attached Schedule of P erformance ( Exhibit “ B”), incorporated herein by this re ference. Neither Party shall be accountable for d elays in performance caused by any condition beyond the reasonabl e control and without the fault or negligence of the non- performing Party. Delays sh all not entitle Consul tant to a ny additional compensation regardless of the Party responsible for the delay.
3.2 Schedule of Perform ance. Consultant shall commence the S ervices under this Agreement upon receipt of a written notice to proceed and shall perform all Services wi thin the time period(s) establish ed in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the S chedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not e xceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 F orce Majeure. The time for performance of Services to be rendered un der this Agreement may be extended because of any delays due to a Forc e Majeure Event, if Consultant notifies the Contract Officer within ten (10 ) days of the commencement of the Force Majeure Event. A Force M ajeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the foll owing: (1) Acts of God o r other natural disasters occurring at the project s ite; (2) terrorism or other acts of a pub lic enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 13
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5 the issuance of permits or approvals by governmental authorities that are required for the Wo rk); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinanc es, emergency proclamati ons and or ders, rules to protect the public health, welfare and safety, and other act ions of the City in its cap acity as a municipal authority. Afte r Consultant notification, the Contract Office r shall investigate the facts and the extent of any necessary delay, and extend the time for p erforming the Services for the period of the enforc ed delay when and if, in the Contract Officer’s judgment, such de lay is justified. The Contract Officer’s dete rmination shall be final and conclusi ve upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price o r any other compensation. Notwithstandin g the foregoing, the Ci ty may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.4 Term. Unless earlier terminated in acco rdance with Section 4.5 of this Agreement, this Agreement shall continue in full forc e and effect for a peri od of three years , commencing on September 18, 2023, and ending on September 17, 2026, unless ext ended by mutual written agreement of the Parties. However, the term shall not exceed three years from the commencement date, except as o therwise provided in t he Schedule of Performance described in Section 3.2 above.
3.5 Termination Prior to Expiration of Term. City may termin ate this Agreement at any time, with or without cause, upon thirty ( 30) days written notice to Consultant . Whe re termination is due to the fault of Consult ant and constitutes an immediate danger to he alth, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon r eceipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notic e 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 ch arges or portions thereof which are spe cified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
4. COORDINATION OF WORK
4.1 Representative of Co nsultant. The following principal of Consultant is designated as being the principal an d representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: David Schnee, Princip al. It is expressly understood that the expe rience, knowledge, education, capability, exp ertise, and repu tation of the f oregoing principal is a substanti al 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 Consultant and devoting sufficient time to personally supervise the S ervices performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract O fficer. The C ontract Officer shall be the City Manager or hi s/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 14
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6 fully informed of the progress of the per formance of the S ervices. Consultant shall refer an y decisions th at must be made by City to the Contract Officer. Unless other wise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, a nd reputation of Consultant , its principals and employees, were a substantial induceme nt for C ity to enter into this Agreement. Consultant shall not contract with any other individual or ent ity to perform any Services required under this Agreement without the City's express written a pproval. In addit ion, 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 provi sions stipulated i n this Agreemen t including without limi tation the insurance and indemnification requirements. If Consultant is permitted to subcontract any pa rt of this Agreement by City, Consultant shall be r esponsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is fo r persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City.
All persons engag ed in t he Work will be considered em ployees of Consult ant. City will deal directly with and w ill make all payments to Consultant. In addition, neither this Agreement nor any inte rest in this Agree ment m ay be transferred, assigned, conveyed, hypothecated , or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five per cent (25%) of the present ownershi p and/or control of Cons ultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved tr ansfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is th at of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its of ficers, employees, and agents sh all ac t in an independent capacity and shall not ac t or re present themselves as City officers or employees. The personnel perf orming the Services unde r this Agreement on behalf of Consultant shall at all times be under Cons ultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employe es, or a gents, except as set forth in this Agreement. Consultant, its of ficers, employ ees, or agents shal l not maintain an office or any other type of fixed busin ess location at City’s offices. City shall have no voice in the sele ction, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or i n fixing their num ber, compensation, or hours of service. Consultant shall pay all w ages, salaries, and other a mounts due its emp loyees in conne ction with this Agreemen t and shall be responsible for all reports and obligations respecting them, including but not limited to s ocial security income tax withholding, unemployment compe nsation, workers’ compensation, and other similar matters. City shal l not in any way or for a ny purpose be deemed to be a partner of Consultant in its business or ot herwise a joint venturer or a me mber of any joint enterprise with Consultant.
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7 B. Consul tant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefit s shall be available to Consulta nt, its officers, employees, or agents in connection with any performance under this Agreement . Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for t he performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. I f for any reas on any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agr eement, of any nature re lating t o salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requiremen ts.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require t he pa yment of prevailing wage rates and the performance o f o ther r equirements on certain “pub lic works” and “maintenance” proj ects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “pub lic works” or “maintenance” proj ect, as defined by the Prevailing Wage Laws, and if the to tal compensation is $15,000 or more fo r maintenance or $25,000 or mor e for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with suc h Prevailing Wage L aws. Consultant shall defend, indemnify and hold the Cit y, its officials, officers, employees and agents free and harmless fr om any claims, liabilitie s, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevail ing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provi sions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employm ent of apprentices (Labor Code Section 1777.5), certified payroll rec ords (L abor Co de Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and de barment 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 compe nsation is $15,000 or more for ma intenance or $25,000 or m ore for construction, alteration, demolition, installation, or repair, then pursuant t o Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with th e Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcont ractors, as applicable. This Agreement may also b e subject to compliance monitoring and enforc ement by the Department of Indus trial Relations. It sh all be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance . Consult ant shall procure and maintain, a t its sole cost an d DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 16
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8 expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensi ons, unless otherwi se sp ecified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which m ay arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or S ervices to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (erro rs and om issions) insurance, all ins urance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Ins urance. Consultant shall obtain and maintain in full force and effect throughout the term of th is Agreement, standard industry form professional liability (er rors and omissions) insurance coverage in an amount of not less t han one millio n dollars ($1,000,000.00) per occurrence and two -million dollars ($2, 000,000.00) an nual aggregate, in accordance with the provisions of this section.
(1) Consultant shall e ither: (a ) certify in writing to the City that Consultant is unaw are of any pro fessional liability claims made against Consultant and is unaware of any facts which may lead to such a claim ag ainst Consultant ; or (b) if Consu ltant does not provide t he certi fication under (a ), Consultant shall procure from the professiona l liability in surer an endorseme nt pro viding that the required limits of the policy shall apply separately to claims arising f rom errors and omissions in the r endition of services under this Agreement.
(2) If the policy of insurance is written on a “cl aims made” bas is, the policy shall be continued in full force and effect at all tim es during the term of this Agreement, and f or a period of thr ee (3) years from the date of the compl etion of the Services provided hereunder. In the event of termination of the policy during this period, Consul tant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the t erms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in cove rage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in ful l force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whicheve r is later. In the event of termination of the policy during this period, new cover age shall imme diately be obtained to ensure c overage during t he entire cours e of performing the Servi ces und er the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain a nd maintain, DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 17
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9 in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in c ompliance with all other statutory requirements, as required by the State of C alifornia. Consult ant agrees to waive and obtain endorsements from i ts workers’ compensation insurer waiving subrogation rights under its workers’ compensation insuranc e policy against the City and to require each of its subConsultants, if a ny, to do like wise under their w orkers’ compensation insurance policies. If Consultant ha s n o em ployees, Consultant shall com plete the City’s R equest for Waiv er of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insuran ce. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commerc ial general liability insurance w ritten on a per occurren ce basis with a combined single limit of a t least one million dollars ($1,000,000.00) and two million dol lars ( $2,000,000.00) general aggregate for bodily injury a nd property damage including coverag es for contractual liability, personal injury, independent Consult ants, broad form property damage, products and completed operations.
D. Bus iness Automobile Insurance. Consultant shall obtain and maintain, in full f orce an d effect throughout the term of this Agreement, a policy of bus iness automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the t erm o f this Agreement, a policy of employer liabil ity insurance written on a per occurrence b asis with a policy limit of at le ast one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retent ions. Any deductibl es or self-insured retentions must be declared to and approv ed by the City Manager or his/her designee prior to commencing any work or services under t his Agreement. Consultant guarantee s payment of all deductibles and sel f-insured rete ntions. City rese rves t he right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee m ay require evidence of pending claims and claims history as well as evidence of Consultant’s abi lity to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance R equirements. The following provi sions shall apply to the insurance policies required of Consultant under this Agreement:
A. For any claims related to this A greement, Consultant’s coverage shall be primary in surance with r espect to the City and its of ficers, council members, official s, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, offici als, employees, agents , and volunteers shall be in e xcess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 18
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10 including breaches of warranties, s hall not affect co verage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or a ny other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any li miting endorsement which subs tantially impairs the coverages s et forth in this Agreeme nt (e.g., elimination of contractual liability or reduction of discovery period) , unles s the endorsement has fi rst been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its in surer to modify insurance endorsements to delet e any exculpatory wording stating that failure of the insurer to mail written n otice of cancellation imposes no obligation, or that any party will " endeavor" (as opposed to being required) to c omply with the requirements of t he endorsements. Certi ficates of insurance will not be accepted in lieu o f required endorsements, and submitt al of certificates without required endorsements may delay commencement of t he Project. It is Consultant’s obli gation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultants, a nd any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsi bility for ensuring that such coverage is provided in c onformity with the requirements of this section. C onsultant agree s that upon request, all agreements with subConsultants and others engaged in the P roject will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any i nsurance requirement in no way imposes any additional obligations on the City nor does it waive any right s in this or any other regard.
H. Consultant shall provi de proof that policies of insurance re quired in this Agreement, expiri ng during the term of t his Agre ement, have been renewed or replaced with other policies providing at least the same coverage. P roof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new c overage shall be provided to City no later than ten (10) days pr ior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverag e features or limits contained in this section are not intended as li mitations on coverage, l imits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Speci fic reference to a given coverage feature is for p urposes of clarification only as it pertain s to a given issue, and is not DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 19
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11 intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other section s and provisions of this Agreement to the extent that any other s ection or provision conflicts with or impair the provisions of this section.
K. Consultant a grees to provide immediate notice to City of any claim or loss against Consultant arising out of t he Work performed under this Agreement and for any other claim o r loss which may reduce the i nsurance available to pay claims a rising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are l ikely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this s ection shall not be construed as limiting in any way the extent to which the Consultant may be held re sponsible for the payment of damages resulting from th e Consultant’s a ctivities or the activit ies of a ny person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Be st’s Key Ratin g of B++, Class VII, or better, unless such requirements are waived i n writing by t he City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additiona l insured endorsements, affecting all of the coverages required by this Agreement. The ce rtificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provi de complete, cer tified copies of all re quired insurance policies at any time. Additional insured endorsements are not require d for Errors and O missions and Workers’ Compensation policies.
Verification of Insurance coverage may be provid ed by: (1) an appr oved General an d/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverag e with an approved Additional Insured Endorsement w ith the following endorsements stated on the certificate:
A. "The City of P alm Springs, its offici als, employees, and agents are named as an additional insured…” ("as respects City of P alm Springs Contrac t 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 ov er any i nsurance 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).
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12 C. " Should any of the above described policies be canceled b efore th e 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 fa ilure to mail such notice sha ll impose no obligation or liabili ty 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 conta in the insurer's waiver of subrogati on in favor of Cit y, its elected officials, officers, emp loyees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs s hall b e named the certificate holder on the policie s. All certificates of insurance and endor sements are to be received and ap proved by the City befor e 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 ins urance underwriter. Failure to obta in the required documents prior t o the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consult ant’s sole cost an d expense), inde mnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (co llectively the “In demnified Parties”), from and against any and all l iabilities, actions, suits, claims, demands, losses, costs, j udgments, arbit ration awards, settlemen ts, dama ges, demands, orders, penalties, and expenses including legal costs and attorne y fees (collectively “Claims”), including but not limited to Claims a rising from injuries to or death of persons (Consultant’s employees included), for damage to propert y, including property owned by City, for any violation of any federal, state, or local law or ordinance o r in any manner arising out of, pertaining to, or i ncident to any a cts, errors or omissions, or willful misconduct committed by Consultant , its officer s, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excl udes Claims arising from the sole negligence or willfu l misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive t he expiration or earlier termination of this Agreement until all actions against the I ndemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligati on to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully in corporated herein, Consultant’s indemnification obl igation shall be limited to the extent whic h the Claims arise out of, pertai n 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 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 21
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13 a final adjudication by a court of competent juri sdiction, Consultant ’s liability f or such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records . Consultant shall k eep compl ete, accurate, and detailed accounts of all time, costs, exp enses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necess ary to properly perform the Services required by this Agre ement a nd to enable the Contract Off icer to evaluate t he performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agre ement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of t he Work to be performed under this Agreement. For t his reason, Consultant agrees that Consultant shall promptly notify the Cont ract Officer the estimated increased or decreased cost if Consultant becomes aware of any fact s, circumstances, techniques, or events that may or will materially increase or decrease the cost of the S ervices. I f Consultant is providing design services, Consultant shall promptly notify the Contract Officer the es timated i ncreased or decreased cost fo r the project being designed if Consultant becomes awar e of any facts, circumstances, techniques, or events that may or will mat erially increase or decrease the cost of the design services.
7.3 Ownership of Do cuments. All drawings, specifications, repor ts, records, documents, memorand a, correspondence, computations , and other materials prepared by Consultant, its employees, subConsultants, and agents in the pe rformance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the term ination of this Agreement . Consultant shall have no claim for further employment or additional compensa tion as a result of the exercise by City of its full right s of ownership of the documents and ma terials. Any use of such compl eted documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify t he Consultant for all resulting damages. Consultant ma y retain copies of such documents for their own use. Consultant shall ha ve an unrestri cted right to use t he co ncepts embodied tin this Agreement. Consultant shal l ensure that all its sub Consultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of D ocuments. All drawings, specifications, reports, reco rds, documents, and other materials prepared by Consultant in the performance of Services under this Agreement s hall not be released publicly wi thout the prior written approval of the Contract Officer. All in formation gained by Consultant in the performance of this Agree ment shall be considered confide ntial and shall not be released by Consultant without City’ s pri or written authorization.
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14 7.5 Au dit and Inspection of Records. After receipt of r easonable notice and during the regular bus iness hours of City, Consultant s hall provide City, or ot her agents of City, such access to Consultant’s books, records, payroll documents , and facilities as City deems necessary to examine, copy, audit , and inspect all account ing books, records, work data , documents, and activities directly related to Consultant ’s performance under this Agreement . Consultant shall maintain such books, records, d ata, and documents in accordance with generally accepted accounting principles and shall clearly identify and ma ke such items read ily accessible t o such parties during the term of this Agreement and for a period of three (3) years from the da te of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and inter preted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or i n relation to this Agreement shall be institu ted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such C ounty, and Co nsultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agree ment shall be c onstrued as a whole acco rding 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 ambiguit ies are to be construed against t he drafting party, shall not be employed in the interpretati on of this Agreement. The captio n headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply w ith any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consul tant i s in default in the performance of any of the terms or conditions of this Agreement, he/ she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by r endering satisfactory performance. In the event Consultant fails to cure its default within su ch period of tim e, City shall h ave the right, notwithstanding a ny other provision of this Agreement, to terminate this Agreement without further notice and with out prejudice of any remedy to which City may be entitled at law, in equity, or under this Agr eement. Consultant shall be liab le for all reasonable co sts incurred by City as a result of such default. Compliance with the provisions of this section shall n ot constitute a waiver of any City right to take le gal action in the event that the dispute is not cured, provided that nothing shall limit City’s righ t to terminate this Agreement without cause under Section 3.5.
B. If termination is due to the failure o f the Consultant to fulfill its obligations under this Agr eement, C ity may, after compliance w ith the provisions of Section DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 23
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15 8.3A, take over the work an d prosecute the same to completion by contract or otherwise . T he Consultant shall be liable to the exten t that the total cost for completion of the Services requi red hereunder exceeds the Maximum Cont ract Amount (provided that the City shall use reasonabl e efforts to mitigate such damages) . The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold paym ents to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. N o waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any cov enant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other defaul t or breach, nor shall f ailure by the Parties to require exact, full, and complete compliance wit h any of the covenants, conditions, or terms contained in this Agreement be construed as chan ging the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with res pect to rights and remedies expressly declared to be exclusive in this Agreement, t he rights and remedies of the Parties are cumulative and the exercise by eit her Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 L egal Action. In addition to any other rights or remedies , either Party may take legal action, in law or in equity, to cure, corre ct, remedy or recover damages for any default, to compel specific performance of th is Agreement, to obtain declaratory or injunc tive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation o r any non-judi cial proceeding, the prevaili ng Party shall be entitled, in ad dition to such other rel ief as m ay be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigatio n or non- judicial proceeding within thirty (30) days of the da te set for trial or hear ing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CI TY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employ ees. No officer o r employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consult ant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 24
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16 City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into an y agreement of any kind with any such officer or employe e during the term of this Agreement and for one (1) year thereafter. Consultant represents 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.
9.3 Covenant Ag ainst Discrimination . In connection with its performance under this Agreement, Consultant shal l not discriminate against any employee or applicant for employment because of actual or perceiv ed race, religion, color, sex, age , marital status, ancestry, nat ional origin ( i.e ., place of origin, immigration status, cultura l or linguistic characteristics, or et hnicity), sexual orientation, gender identity, gende r expression, physical or mental disability, or medica l condition (ea ch 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 pr ecedent to City’s lawful capac ity to enter this Agreement, and i n executing this Agreem ent, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consul tant activity, including but not limited to the following: empl oyment, upgrading, demotion or t ransfer; recruitment or recruitment advertising; layoff or termination; rates o f pay or other forms of compensation; and selection for training, inc luding apprenticeship; and further, that Consultant is in ful l compliance wi th the provisions of Pal m Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, rel ating to non- discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and C opyright Infringem ent. To the ful lest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or c opyright infringement, statutory or otherwise:
A. I t is agreed that Consul tant shall defend at its expense any claim or suit against City on ac count of any allegation that any item furnished under this Agreement, or the normal use or sale a rising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded i n any s uch suit or claim, provided that Consultant is promptly notified in writing of the suit or cla im and given authority, information and assistance at Consult ant’s expense for the defense of sam e, and provided such suit or clai m arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant . However, Consultant will not indemnify City if the suit or claim r esults from: (1) City's alteration of a deliverable, such that City’s altera tion of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material n ot provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, how ever, that such defense s hall be at Consultant’s expense. Consultant shall DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 25
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17 not be obligated to indemnify City under any settl ement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of s uch item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to C ity and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires , or is required to give to the other party or any other person shall be in writing. All no tices shall be personally delivered, s ent by pre- paid First Class U.S . Mail, registered or cer tified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attach ed eviden ce of completed transmission . All notices shall be deem ed received upon the earlier of (i) the date of delivery to the a ddress of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) busine ss days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any noti ce, request, demand, dir ection, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by le tter mailed or delivered. Other forms of electronic transmission such as e- mails, text messages, and instant messages are not acceptable manners of notic e required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Group 4 Architecture Re search + Planning, Inc. 211 Linden Avenue
South San Francisco , CA 94080
A ttention: David Schnee, Principal
Telephone: (650) 871-0709
Facsimile: (650) 871-7911
10.3 In tegrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arr angements, agreements, representations, and understandings, if any, made by or among the Parties wit h respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other m odifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever pos sible, each provision of this Ag reement shall be interpreted in such a manner as to be effective and valid under appl icable law. If any provision of this Agreement shall be determ ined to be invalid by a final judgment or dec ree of a court o f competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidat ing the reminder of that provision, or the remaining provisions of DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 26
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18 this Agreement unless the invalid provision is so material that its inv alidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest . This Agreement shall be binding upon and inur e to the benefit of the Parties’ successors and assignees.
10.6 Third P arty Beneficiary . Excep t as may be expressly provided for in this Agreement, nothing contained in this Agreeme nt is intended to confer, nor shall this Agreement be construed as co nferring, any rights, including, without li mitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The ab ove-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.
10.8. Corporate Authority. Each of the undersigned represents and represents that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (i i) he or she is duly aut horized to execute and deliver this Agreement on behalf of the P arty for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound t o the provisions of this Agreemen t, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or s he is signing is bound.
10.9 Counterparts. Th is Ag reement may be signed in counterpart s, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia ’s Actions in Ukraine. When funding f or the services i s 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 th e Russian Sanctions P rogram by completing the form located in Exhibit “ C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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19 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC.
IN WITNESS WHEREOF, the P arties have executed this Agr eement as of the date s stated below.
CONSULTANT:
By: _______________________________________ By: _________________________________________ Signature Signature
David Schnee, Principal Jonathan Hartman, Principal
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 8/22/2023
8/23/2023
9/18/2023
1-U09/14/2023
Item 3C - Page 28
lnDocuSigned by:
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IA DocuSigned by:
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20 EXHIBIT “A”
SCOPE OF SERVICES
1.1 Background:
A. On March 10, 2022, City Council approved the appli cation submission of “Building Forward: Library Infrastructure” grant for the Palm Springs Public Library, located at 300 S. Sunrise Way (Main Library). The grant cove rs costs associated with critical maintenance and critical infrastructure projec ts, defin ed as those ne eded to keep existing facilities, building -related structural components, and related building systems suitable for public use and compliant with all pre vailing codes, rules, regulations, and standards governi ng their usage, such as the Americ ans with Disabilities Act.
B. On Sep tember 12, 2022, the City learned that they were awarded $6,569,942 in matching funds for the Palm Springs Public Library Renovation project. City Council adopted Resolution 25056 on Septe mber 29, 20 22, agreeing to the gr ant, which required 100% matching funds for the project. Per the grant guidelines, all grant - funded work must be completed by March 31, 2026. Grant funds and City matc hing funds total $13,136,884. Matching funds are held in F und 260, Measure J. Gr ant funds will be disbursed from the California State Library as the project progresses.
C. The California State Library Grant Program has a list of unallowable costs; however, the Library Board of Trustees feels that there are many r enovation elements that are important to inclu de, despite grant funding available to cover the costs. At their December 7, 2022, meeting, the Library Board of Trustees asked that the City include in t he scope of work all non- grant funded recommendations appr oved by the Trustees.
D. Additionally, the Trustees recommended that the City move forward with the plan to renovate the JC Frey building according to the approved Measure J budget and present back to the Library Board with a plan and a confirmed budget. T he Trustees asked, however, that the JC Frey Building renovation not impede on the Main Library renovation.
E. At the February 21, 2023, Council Meeting, City Council approved staff to move forward with the design services for the desired scope of work and to bring back cost estimates for the scope of work and recommendations on items to move forward with based on funding availability.
1.2 Sco
pe: The general scope of work for the design services is as follows:
A. JC Frey Building rehabilitation and renovation (Phase I work)
1. Correct any building deficiencies
2. Create single-use gender neutral restroom(s)
3. Move equipment closet inside front door to improve access to main room
4. Restore full -length window designs and install glass doors to make building inviting
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21 5. Subdivide meeting room in NE section of building
6. Upgrade all mechanical, electrical, plumbing, HVAC, and technology B. Main Library (Phase 1 work)
1. All Grant -Funded Infrastructure Items per grant application a nd approval from California State Library to include the following:
a. Fire Sprinkler System
b. Fire Alarm System Control Panel
c. Emergency Egress Hardware
d. Emergency Egress Light, Power Systems
e. Ceiling Finishes (for new sprinkler system)
f. Air Filtration System
g. Security System - CCTV and Alarm System
h. Emergency Backup Generator
i. Skylights - Railings & Fall Protection Anchor Points j. HVAC Replacement
k. HVAC Terminal and Package Units
l. Electrical Service
m. Seismic Retrofit
n. Roof Replacement
o. Replace Carpet and/or Floors
p. Window replacements
q. Replace water lines - includes plumbing
r. Painting (preventative maintenance)
s. Replace Signage, ADA tactile, larger fonts for visually impaired t. Replace non-emergency lighting
u. Replace interior doors and locks
v. Inclusive Access
2. Non-Grant-Funded Items (note only programming s coping design and cost estimating will be done as part of the Phase 1 work for these scope items. After approval of these additional scope items, a separate negotiation will take place to determine the design fees for Phase II of this work to complete design and construction administration services):
a. A
dditional security gates for additional entrances
b. Archival storage space
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22 c. Art space-gallery space with lighting
d. Art wall in exterior public patio space
e. Café
f. Carpet
g. Children’s patio
h. Exterior Paint
i. Fixtures (Service desks, counters, cabinetry, kiosks, display furniture, mobile shelving)
j. Flexible Office space-community organization outreach or services, no nprofit support offices
k. Friends of the Library Book Sale space
l. Infrastructure upgrades required for project but not allowed/included in grant m. Interior Paint
n. Koi Pond replacement
o. Landscaping
p. LED Sign upgrade
q. Library Furniture
r. More storage
s. New 350-seat event center- which would be an addition or annex adjacent to the existing building
t. Outdoor lighting on building
u. Outdoor use spaces-public patios with seating
v. Parking Lot Expansion
w. Perimeter sidewalk lighting upgrades
x. Private meeting/study rooms
y. Scalable Classroom/maker space/meeting rooms
z. Steel book shelving and end panels
aa. Technology-cabling upgrades, computers, AV, PA system, screens, sound bb. Window coverings for climate and light control
C. The Consultant will provide all labor, su pplies, and materials necessary to produce and de liver documents , plans, spe cifications, cost estimates, schedules and construction administration services throughout the construction and close out phase of this project.
D. Schematic/Conceptual Design Phase Services t asks will inclu de but are not limited to the following:
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23 1. Lead on-site kick-off meeting with subconsultant team and City
2. Manage project and coordinate with City and subconsul tant team
3. Project programming and visioning
4. Existing conditions surveying (see Exhibit A-1 for Limit of Survey).
5. Prepare schematic/conceptual de sign package (30%) for review and comment including:
a. Civil plans including demolition, grading, drainage, paving and utilities b. Architectural plans inclu ding reflected ceiling, building elevations , building and wall sections, landscaping plans and interior elevations c. Structural plans
d. Mechanical plans
e. Plumbing and Fire Protection plans
f. Electrical plans
g. Specialty plans including energy
6. Provide schedule
7. Provide Preliminary Cost Estimate
8. Provide utility research
E. Design Phase Services include but are not limited to the following tasks:
1. Upon approval of the schematic design package (50%) and cost estimate, prepare design development package including:
a. Civil plans including demolition, grading, drainage, paving and utilities b. Architectural plans including reflected ceiling, building elevations, building and wall sections, landscaping plans and interior elevations c. Structural plans
d. Mechanical plans
e. Plumbing and Fire Protection plans
f. Electrical plans
g. Specialty plans including energy
h. draft (50%) technical specifications
i. preliminary cost estimate
2. Detailed cost estimating and marketplace conditions
3. Provide for construction phasing and scheduling that will minimize interruption to operations
4. Provide alternate systems evaluation and constructability studies where applicable DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 32
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24 5. Geotechnical engineering and testing
6. Provide an environmental hazardous materials assessment
7. Provide long-lead procurement studies
8. Assist in the permitting processes
9. Coordinate with various City of Palm Springs departments, other agencies, util ity companies, etc.
10. Participate in value engineering options and discussions
11. Protect the owner’s sensitivity to quality, safety, and environmental factors
12. Advise City on choosing green building materials
13. Submit 50% package for initial building permit intake
14. Make corrections and revisions based on permit comments F. Construction Documents Phase
1. Upon approval of the design development package and cost estimate, prepare the construction documents and permit submittal. Tasks will include:
a. Civil plans including demolition, grading, drainage, paving and utilities b. Architectural plans including reflected ceiling, building elevations, building and wall sections, landscaping plans and interior elevations c. Structural plans
d. Mechanical plans
e. Plumbing and Fire Protection plans
f. Electrical plans
g. S pecialty plans including energy
2. Submit 100% CD package for final permit approval
3. Prepare final technical specifications at 100%
4. Review construction document package and cost estimate with the City.
G. Bidding Phase
1. Upon approval of the construct ion documents and receipt of building permit, t he Consultant will support the City’s bidding process. Tasks will include:
a. Attend pre-bid conference
b. Assist with bid addenda and clarifications in response to bidder questions c. Support City with bid evaluations as necessary
d. Make design modifications to reduce construction cost as needed DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 33
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25 H. Construction Administration/Observation Phase
1. Upon selection of c ontractor, Consultant will participate in construction administration/observation. Tasks will include:
a. Attend pre-construction conference
b. Attend construction meetings
c. Oversee project and coordinate with City and subconsultant team d. Review submittals and mock-ups
e. Respond to requests for information (RFIs)
f. Review proposed substitutions, alternates and change orders g. Observe construction during bi- weekly visits for co nsistency with design intent as conveyed in the construction documents
h. Attend substantial completion walk through
i. Review contractor punch list
j. Attend final completion walk through
k. Review contractor’s as built drawings
I. Close Out Phase
1. Coordinate and verify training and commissioning efforts
2. Contract close out and post occupancy evaluation
3. Provide as built drawings in CAD and PDF format
4. Coordinate and conduct an eleven-month warranty walk through
1.3 Deliverables:
Consultant shall provide design submittals, cost estimates, schedules, as built documents and reports as outlined in the scope of work for the various phases of design.
Co nsultant shall provide construction observation reports, responses to request for information and review comments on submittals during the construction phase.
1.4 Schedule:
Design work will commence upon execution of contract and shall be completed within 12 months. It is anticipated that the bidding and construction phase will continue for a period of 24 additional months.
1.5 Compensation:
Work will be compensated as out lined on the pricing sheet in the contract. 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 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 34
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26 provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 35
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27 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 36
E. BARISTO ROAD
Pnlm Sprinor. Stndi11m
L
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28 EXHIBIT “B”
SCHEDULE OF COST
1. COMPENSATION FOR PHASE I BASIC SERVICES
Compensation to the Consultant for Basic Services described in Exhibit A, shall be a stipulated sum of One Million , Seven Hundred Eighty- Eight Thousand, Eight Hundred Ninety-Eight Dollars ($ 1,788,898.00) This will be done as a single project, but invoiced according to the following breakdown:
A. JC Frey Building: Two Hundred Seventy Thousand, Nine Hundred Nineteen Dollars ($270,919.00)
Consultant shall invoice the City monthly on a percent complete basis for wor k completed to date. Basic Compensati on per project phase shall not exceed the following portions of the Basic Services compensation by Phase unless approved by the City.
Phase 1: SD $ 66,898.00
Phase 2: DD (proceeds after Phase 0) $ 70,138.00
Phase 3: CD + Permit $ 64,581.00
Phase 4: Bidding $ 4,124.00
Phase 5: Construction Support $ 60,740.00
Phase 6: Closeout $ 4,438.00
Total $ 270,919.00
B.1. Main Library Grant Funded Scope: One Million, Two Hundred Nineteen Thousand, Nine Hundred Ninety-Three Dollars ($1,219,993.00)
Consultant shall invoice the City monthly on a percent complete basis for work completed to date. Basic Compensation per project phase shall not exceed the following portions of the Basic Services compensation by Phase unless approved by the City.
Phase 1: SD $ 217,882.00
Phase 2: DD $ 315,841.00
Phase 3: CD + Permit $ 314,638.00
Phase 4: Bidding $ 18,573.00
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29 Phase 5: Construction Support $ 333,071.00
Phase 6: Closeout $ 19,988.00
Total $ 1,219,993.00
B.2. Main Library Non –Grant Funded Scope: Two Hundred and Ninety-Seven Thousand Nine Hundred and Eighty-Six Dollars ($297,986.00) Consultant shall invoice t he City monthly on a percent complete basis for work completed to date. Basic Compensation per project phase shall not exceed the following portions of the Basic Services compensation by Phase unless approved by the City.
Programming, Scoping, Cost $ 297,986.00
Phase 1: SD Phase II Scope
Phase 2: DD Phase II Scope
Phase 3: CD + Permit Phase II Scope
Phase 4: Bidding Phase II Scope
Phase 5: Construction Support Phase II Scope
Phase 6: Closeout Phase II Scope
Total $ 297,986.00
2. COMPENSATION FOR MEETINGS, ENGAGEMENT AND TRIPS:
The above Schedules of Cos t for Basic Services for PHASE I includes t he following Meeting and Engagement Services for all the project meetings that were reasonably deemed necessary by the City at the time of Agreement execution. This includes the travel expenses and ordinary facilitation materials for the specified meetings. If during the progress of the work, additional meetings or trips are requested by the City, these will be compensated for as Additional Services.
a. Phase 1 Schematic Design both Buildings and Main Library Non-Grant Programming, Scoping, and Cost; Concurrent meetings:
• Conduct up to six (6) Project Management Team (PMT) meetings. • Conduct three (3) technical meetings with Library staff. • Conduct one (1) technical meeting with the Planning Department • Conduct two (2) design/scope review meetings with a Project Steering Committee consisting of representatives from Library Board of Trustees, Library Foundation, and Friends of the Library.
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30 • Conduct one (1) technical meeting each with the Building, Fire, and Police Departments to review the updated schematic code analysis, this may be a joint meeting.
• Present once (1) to City Council.
• The above meetings will be scheduled collaboratively with the City and will include in-person trips to observe the buildings and site and facilitate in-person meetings. Trips: The engagement activities of this Phase include a total of up to
• Six (6) Person trips of the architect
• One (1) person trip of the structural engineer
• One (1) person trip of the MEP engineers
• One (1) person trip of the historic resource architect • One (1) person trip of the hazardous material consultant b. Phase 2 Design Development Concurrent meetings
• PMT: Up to six (6)
• Integrated Design Workshop (IDW): One (1)
• Technical meetings: Up to five (5) with Library Staff, Building and Planning, Fire, Police and Public Works department staff • Project Steering Committee Meetings: One (1)
• The City shall provide coordinated written comments on the Consultant’s deliverables that will establish and confirm design direction for Phase 3. • Trips: The engagement activities of this Phase include a total of up to • 5 Person trips of the architect
c. Phase 3 Construction Documents Concurrent meetings
• PMT: Up to Six (6)
• Technical meetings: Up to Six (4)
• Integrated Design Workshop: One (1)
• Steering Committee Meeting: One (1),
• City Council Meeting: One (1),
• Trips: The engagement activities of this Phase include a total of up to • 5 Person trips of the architect
d. Phase 4 Bidding Concurrent meetings
• The Consultant shall attend a pre-bid conference
• Trips: The engagement activities of this Phase include a total of up to • 1 Person trips of the architect
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31 e. Phase 5 Construction Administration, Concurrent meetings • Attend pre-construction conference
• Attend construction meetings: Participate in regular weekly Owner- Architect-Contractor (OAC) meetings via web conference or held on-site in conjunction with Architect site visits. .
• Trips: The activities of this Phase include a total of up to • Twenty (20) Person trips of the architect
• Six (6) person trips of the structural engineer
• Two (2) person trips of the MEP engineers
• One (1) person trip of the low voltage/av designer
f. Phase 6 Closeout Concurrent meetings
• Provide one (1) site visit for Punchlist review
• Provide up to two (2) site visits for back check to review for general conformance with the design intent of the Contract Documents • Trips: Trips: The activities of this Phase include a total of up to • Three (3) Person trips of the architect
• One (1) person trip of the structural engineer
• One (1) person trip of the MEP engineers
2. CONCURRENT DESIGN
The above S chedules of C ost for Basic Services reflect economies of scale that result from the work of each phase for both buildings bei ng done concurrently in a single coordinated effort. If, the City elects to proceed with project scopes non-concurrently, the Consultant shall be permitted to negotiate Additional services for the added effort.
3. COMPENSATION FOR ADDITIONAL SERVICES
1. Compensation to the Consultant for Additional Services not described in Exhibit A is in addition to compensation for Basic Services and shall be either at the hourly rates in section 3.3 below or made as a negotiated stipulated sum. The rates in 3.3 below will be in effect through December 31st, 2024 and are subje ct to annual revisions at the start of each calendar year.
2. Additional Services Contingency. This Agreement includes an allowance for other City authorized Additional Services:
a. Meetings beyond those described in the Exhibit B, Section 2 b. Trips to the site beyond those described in the Exhibit B Section 2 c. Other related services as determined by City to be necessary to complete the project design and construction administration process.
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32 Additional Services Allowance $50,000
3. Schedule of Professional Services
Effective 1 January 2023
Group 4 Hourly Rate
Principal in Charge $260.00
Principal $250.00
Associate $230.00
Project Manager $195.00
Architect III $190.00
Architect II $180.00
Architect I $175.00
Architectural Staff III $165.00
Architectural Staff II $155.00
Architectural Staff I $145.00
Interior Designer II / Planner II $155.00
Interior Designer I / Planner I $145.00
Project Support $120.00 -$240.00
Consulting Principal $320.00
Consultants to the Architect will be billed at 1.15 times direct cost.
4. PHASE II SERVICES THAT MAY BE ADDED BY CONTRACT AMENDMENT:
The following Phase II Consulting services may be added by the City under separate written proposal with additional fees as approved by the City. Examples of these include:
1. SD-Closeout Services for Main Library Non-Grant Scope.
2. Non-concurrent design of any of the scopes of work.
3. Multiple bid-packages or construction phases
4. Agency/Impact Fees
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33 5. ALTA/NSPS Survey
6. Entitlement Documents (applications, preliminary plans, etc.)
7. CEQA Initial Study (IS) / Negative Declaration (ND) / Mitigated Negative Declaration (MND) / Environmental Impact Report (EIR)
8. Environmental Technical Reports (e.g. Biology, Cultural, Geology, Traffic, etc.)
9. Phase 1 and/or Phase 2 Environmental Site Assessment
10. Private Utility Locating
11. Construction Staking
12. Potholing
13. Construction Staking
14. Off-Site improvements
15. Off-Site Hydrology
16. On-Site Hydrology Plan and Hydraulics Report
17. Environmental Monitoring Services
18. Construction Phase Hazardous Material Abatement Air Monitoring and Project Oversight
19. Construction Phase Hazardous Material Abatement Report preparation
20. Documenting existing MEP systems beyond major components that are readily visible. Major components consist of HVAC and Electrical equipment and plumbing fixtures and equipment. If accurate As-Built or record drawings are not provided, and additional time is required to verify size and location of ductwork, plumbing piping, electrical wiring, additional fees will be required.
21. Removal of electrical panel covers, disassembly of equipment or removal of building materials required to document existing conditions.
22. Preparation of multiple drawings or drawing set for separate construction phasing
23. Verifying locations of existing underground utilities which transit the site
24. Design of solar photovoltaic systems and energy storage systems and calculations
25. Special effect lighting systems such as Theatrical lighting
26. Temporary power design
27. Load monitoring of existing electrical systems or circuit tracing of existing circuits and feeders
28. Emergency engine generator fuel supply systems remote from the generator; engine exhaust air pollution control/abatement systems and permits (AQMD); engine generator cooling/combustion air supply/return systems DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Item 3C - Page 42
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34 29. Public street lighting, traffic control, street improvements and offsite utilities
30. Arc flash hazard analysis and protective device coordination study
31. Application or documentation for rebate program(s) other than listed in scope
32. Any coordination or permit application/acquisition for local department of transportation and/or any other agency not shown in the “inclusions” portion of the Scope of Work
33. Detailed or final hydraulic calculations and nodes. Preliminary rough order magnitude calculations to verify if a fire pump is required only.
34. Sizing or design of fire pump system, or alternative water supply (assumed existing system capable of meeting the demand of the new areas)
35. Site drainage and Storm Water Design
36. Preliminary Water Quality Management Plan
37. Hydrology and Hydraulics Report
38. Street Improvement Plan
39. Sewer Improvement Plan
40. Water Improvement Plan
41. Fugitive Dust Control Plan
42. Storm Water Pollution Prevention Plan
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