ATTACHMENT C
Item 1L - Page 26
Item 1L - Page 27
RESOLUTION NO. 18834
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ESTABLISHING A NEW
REPLACEMENT POLICY FOR CITY EQUIPMENT.
WHEREAS Resolution No. 14138, adopted on February 3, 1982, modified the City Equipment · Replacement Policy established by Resolution No. 8521, adopted !November 8, 1965; and WHEREAS equipment reliability and longevity has increased as technology has been perfected subsequent to the last update of the Equipment Replacement Policy; and WHEREAS staff, utilizing best management practices during the City's continuing efforts to balance its budget, has endeavored to extend the service of Cijty equipment beyond the established policy life of the equipment; and
WHEREAS it is now desirable to establish a new Equipment Replacement Polic:y to formally increase the length of time or mileage the vehicles will be operated by the City before replacement; and
WHEREAS it is also desirable to incorporate language related to the introduction of alternate fuel vehicles in the City fleet,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that:
Section I:
Section II.
Resolution #14138 and any and all other previous Resolutions related to the City Equipment Replacement are hereby rescinded.
Replacement Schedule: City vehicles shall be replaced in accordance with the following schedule, provided that the .Assistant Director of Transportation, Surface Transportation & Energy (Fleet Manager) shall have the responsibility of determining whether exceptionally good or exceptionally poor vehicles shall be replaced in accordance with the Replacement Schedule or possibly retained for a greater or lessor period, and upon such determination, departure from the schedule is allowed, subject to the approval of the Director, Department of Transportation:
REPLACEMENT SCHEDULE
Vehicle Type Replacement
1. Motorcycles 4 years*
2. Staff cars 6 years or 70,000 miles
(Bought Used)
3. Police Patrol Units 3 years or 90,000 miles
4. Police Detective Units 6 years or 70,000 mil1as
(Bought Used)
5. Truck & Pickups
A. Light Duty 8 years or 80,000 mil1es
(Up To 3/4 Ton)
B. 1 Ton & Over 10 years
*Note: Age is based on model year.
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Item 1L - Page 28
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Rl8834
6. Specialized Equipment
(Such as Fire Trucks
Sweepers, etc.)
7. Equipment Loss Due To Accident
To be determined by the Fleet
Manager in consultation with the
user Department, subject to the
approval of the Director,
Department of Transportation based
on physical inspection and analysis
of current operating cost data and
mandated Regulations.
Immediately.
Section Ill. Vehicle Assignment/Rotation: Authorized vehicles are assigned to the various user departments via the budget process. User departments shall determine whom within their department utilizes which vehicle, except that the City Manager shall authorize and assign take-home vehicles. The Fleet Manager, after consulting with user departments, and with the consent of the Director, Department of Transportation, may rotate vehicles between user departments for operational efficiency or to extend the useful life of said vehicle.
Section IV. Methods of Acquisition: The Fleet Manager shall acquire City equipment in accordance with the City's Procurement Ordinance.
Section V. Methods O'f Disposal: The Fleet Manager shall dispose of surplus equipment in accordance with the City's Procurement Ordinance. Surplus equipment may be traded in on new or used equipment provided that the value of the trade shall be included as part of the total expenditure for the purpose of determining Procurement Ordinance limits compliance.
Section VI. Alternate Fuel Vehicles: The Fleet Manager shall make every effort to incorporate alternate fuel vehicles within the fleet via purchase or conversion.
Whenever a vehicle is replaced, that operationally is suited for alternate fuel usage, there is a proven track record for the specific type of vehicle being replaced, and the specific "engine family" is approved for use in California by the California Air Resources Board, the bid shall include a comparison of gasoline/diesel equipment vs alternate fuel equipment.
Section VII. Accessories: After market accessories that are purchased to properly equip a piece of equipment to carry out its designated function, shall be included in the overall capital cost component of the City's Motor Vehicle Replacement account for the particular vehicle to ensure the vehicle user department bears the full cost of its equipment.
Section VIII. Reporting Format: When a vehicle is being replaced requiring City Council approval, the Staff Report shall include the following information:
Vehicle type, Identification Number of the vehicle (except for undercover vehicles), vehicle use characteristics, description of why it is being replaced, special needs or equipment, alternate fuel options/discussion.
ADOPTED this 5th day of June r 1996,
AYES:
NOES:
ABSENT:
ATTEST:
Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst None
None
LIFORNIA
~~c>(
\--.::,tity Clerk
REVIEWED & APPROVED AS TO FORM.----"W,___;_,u)_. _____________ _
CITY COUNCIL STAFF REPORT
DATE: JANUARY 25, 2024 CONSENT CALENDAR
SUBJECT: ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $ 21,970, APPROVE AN INTERLOCAL AGREEMENT
WITH OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE
COUNTY OF RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
It is recommended that the City Council accept a grant award in the amount of $ 21,970 from the U.S. Department of Justice, Justice Assistance Grant (JAG) Program and sign an Interlocal Agreement with the cities of Banning, Beaumont, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Perris, Temecula, the City of Riverside, and the County of Riverside, authorizing the C ounty of Riverside to administer the grant on behalf of participating agencies.
RECOMMENDATION:
1) Approve the acceptance of a grant award from the United States Department of Justice in the amount of $21,970 for the 2023 Justice Assistance Grant (JAG) Program.
2) Approve Interlocal Agreement 24G008 with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies.
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The United States Department of Justice awards annual JAG Program grants to law enforcement agencies. In the past , the U.S. Department of Justice awarded grants to individual law enforcement agencies. In 2012, the Department of Justice modified the Item 1M - Page 1
City Council Staff Report
January 25, 2024 – Page 2
Accept JAG Grant Funding
grant process by awarding the entire amount allocated for County of Riverside law enforcement agencies in one disbursement.
Riverside County law enforcement agencies agreed that one agency would administer the total distributed amount, and that each of the participating agencies would release ten percent (10%) of their individual awards to the administering agency for program management. The County of Riverside, through its Sheriff’s Department, has been selected as the administering agency for the 2023 JAG award. The amount awarded to the City of Palm Springs for 2023 is $21,970. Under the agreement, the City of Palm Springs would release $2,197 to the C ounty of Riverside, leaving an award balance of $19,773.
JAG funds may be used for law enforcement programs and supplies. The Police Department plans to use these grant funds to purchase 15 safety restraint systems.
These systems can be used to safely restrain and transport violent subjects, persons under the influence, or individuals experiencing a mental health crisis. The temporary restraint systems promote respiratory recovery and mitigate risk to involved subjects and officers.
FISCAL IMPACT
:
No matching funds are required to accept this grant funding. There is no additional impact to the General Fund.
REVIEWED BY:
Department Director: Andrew G. Mills
City Manager: Scott Stiles
ATTACHMENTS:
A.) Interlocal Agreement
Item 1M - Page 2
ATTACHMENT "A"
Item 1M - Page 3
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF BANNING, BEAUMONT, CATHEDRAL CITY, COACHELLA, CORONA,
DESERT HOT SPRINGS, HEMET, INDIO, JURUPA VALLEY, LAKE ELSINORE, MENIFEE,
MORENO VALLEY, PALM SPRINGS, PERRIS, CITY OF RIVERSIDE, TEMECULA AND
THE COUNTY OF RIVERSIDE, CA
CONCERNING DISTRIBUTION OF THE
2023 JUSTICE ASSISTANCE GRANT AWARD
This lnterlocal Agreement ("Agreement") is made and entered into this r day of �.2023, by and between THE COUNTY OF RIVERSIDE, acting by and through its governing body, the Riverside County Board of Supervisors (hereinafter referred to as "COUNTY"), and named CITIES as referenced in Appendix 1 (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the City Councils, all of whom are situated within the County of Riverside, State of California, as follows:
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the COUNTY agrees to release to CITIES their respective grant allocation from the JAG Award, less ten percent (10%) re-allocated to COUNTY, as reflected on Appendix 1, here attached and hereby incorporated by reference as part of this Agreement, on a reimbursement basis; and COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs; and additionally the COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines; and
WHEREAS, the COUNTY and CITIES believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, the COUNTY and CITIES agree as follows:
Section 1.
COUNTY agrees to release to CITIES up to their respective grant allocation from the JAG Award, less ten percent (10%) re-allocated to COUNTY, as reflected in Appendix 1 on a reimbursement basis, from the JAG Award within (45) days upon receipt of fully documented reimbursement request, and; COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs.
Section 2.
COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines.
MOU - 2023 Justice Assistance Grant Page 11
NOV 7 2023 � ? X
Item 1M - Page 4
Item 1M - Page 5
Section 3.
COUNTY and CITIES agree to comply with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 0MB Circulars that apply to the 2023 Justice Assistance Grant; and 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) and also specifically assures and certifies all items as written in the attached Addendum A "Riverside County Sheriffs Department Certified Standard Assurances." Section 4.
CITIES agree to provide COUNTY performance reports every month demonstrating progress in achieving desired goals and outcomes in a form and manner as required under the 2023 Justice Assistance Grant Program.
Section 6.
CITIES agree to provide COUNTY with sufficient, timely information within five business days after receiving a written request from COUNTY to meet JAG requirements for quarterly, semi-annual, and annual financial and performance reports.
Section 6.
Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law.
Section 7.
Nothing arising from this Agreement shall impose any liability for claims or actions against CITIES other than what is authorized by law.
Section 8.
Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arising from the services provided under this Agreement.
Section 9.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 10.
By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
MOU-2023 Justice Assistance Grant Page 12
Item 1M - Page 6
WHEREFORE, all parties freely and voluntarily.agree to all of the above terms.
COUNTY OF RIVERSIDE, CA
APPROVED AS TO F.ORM:
Minh C. Train
-Amrit P. Dhillon f( B..<-\.\ V4,Ltu--i
Deputy County Counsel
MOU - 2023 Justice Assistance Grant
NOV 7 2023 3,2%
Item 1M - Page 7
Appendix 1
Eligible Agencies in FY 2023 JAG Disparate Area
Riverside County (Sheriff's Department) To Fiscal Agent Adjusted BJA Formula Individual FA (Sheriff's Department) Allocation Banning $10,902 $1,090 $9,812
Beaumont $12,197 $1,220 $10,977
Cathedral City $12,279 $1,228 $11,051
Coachella $10,159 $1,016 $9,143
Corona $21,860 $2,186 $19,674
Desert Hot Springs $21,530 $2,153 $19,377
Hemet $30,890 $3,089 $27,801
Indio $42,921 $4,292 $38,629
Jurupa Valley $25,742 $2,574 $23,168
Lake Elsinore $14,674 $1,467 $13,207
Menifee $12,086 $1,209 $10,877
Moreno Valley $67,588 $6,759 $60,829
Palm Springs $21,970 $2,197 $19,773
Perris $21,530 $2,153 $19,377
Riverside City $133,883 $13,388 $120,495
Temecula $12,472 $1,247 $11,225
Riverside County $75,022 $47,268 $122,290
Total $547,705 $547,705
% To Fiscal Agent $0
$To FA $47,268
MOU - 2023 Justice Assistance Grant Page 14
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 5
CITY OF BANNING, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 8
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 6
CITY OF BEAUMONT, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 9
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 7
CITY OF CATHEDRAL CITY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 10
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 8
CITY OF COACHELLA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 11
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 9
CITY OF CORONA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 12
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 10
CITY OF DESERT HOT SPRINGS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 13
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 11
CITY OF HEMET, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 14
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 12
CITY OF INDIO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 15
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 13
CITY OF JURUPA VALLEY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 16
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 14
CITY OF LAKE ELSINORE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 17
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 15
CITY OF MENIFEE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 18
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 16
CITY OF MORENO VALLEY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 19
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 17
CITY OF PALM SPRINGS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 20
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 18
CITY OF PERRIS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 21
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 19
CITY OF RIVERSIDE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 22
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 20
CITY OF TEMECULA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Item 1M - Page 23
CITY COUNCIL STAFF REPORT
DATE: JANUARY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT TO HAZEN AND SAWYER IN THE AMOUNT OF $350,000 FOR PROFESSIONAL
SERVICES FOR THE SEWER MASTER PLAN UPDATE, CITY PROJECT 23-13
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
This action will award a professional services contract to Hazen and Sawyer in the amount of $350,000 for the Sewer Master Plan Update (Project) to allow the City to proceed with the update for the City’s wastewater collection system and lift stations. The City’s last Sewer Master Plan update was performed in 2009. The S ewer Master Plan update addresses any deficiencies to the collection system and lift stations. The S ewer Master Plan is used to plan Capital Improvements to the wastewater system for the next ten years.
RECOMMENDATION:
1. A ward a Professional Services Agreement with Hazen and Sawyer in an amount not to exceed $350,000 for professional services for the Sewer Master Plan Update, City Project 23-13.
2. Appropriate funding in the amount of $350,000 from Wastewater Capital Improvements Fund balance.
3. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form for Hazen and Sawyer is included as Attachment A.
Item 1N - Page 1
City Council Staff Report
January 25, 2024 -- Page 2
CP 23-13 Award Professional Services Agreement
BACKGROUND:
The City’s Sewer Master Plan describes the plan for developing its system of trunk and interceptor sewers. It describes the existing sewer and pumping facilities, the sewer atlas geodatabase, system planning criteria, hydraulic evaluation of the system for current conditions and future development, and the proposed Capital Improvement Program for the development of future sewer facilities.
STAFF ANALYSIS:
Staff issued a Request for Proposals (RFP) for professional services on PlanetBidsTM. By requesting RFP’s periodically, the City positions itself to work with the most qualified firms at competitive pricing. The requested RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide hydraulic modelling engineering services to municipal government agencies similar to those required by the City.
On July 27, 2023, the RFP was released on PlanetBids
TM. On September 12, 2023, the
City received four proposals from the following firms:
Akel Engineering Group, Inc. Fresno, CA
Albert A. Webb Associates Riverside, CA
Hazen and Sawyer Irvine, CA
Stantec Consulting Services, Inc. Pasadena, CA
Following a review of the proposal s, Hazen and Sawyer was selected. A complete copy of the firm’s proposal is available for review in the Engineering Services Department. Staff recommends that the City Council approve a professional services agreement with Hazen and Sawyer. The agreement is included as Attachment B.
ENVIRONMENTAL ASSESSMENT
:
Award of the proposed agreement does not represent a "project" for the purposes of the California Environmental Quality Act (CEQA) as defined by CEQA guidelines (Guidelines) section 15378; the agreement is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council Priority “Community Infrastructure”, specifically 2A, improve city facilities and master planning efforts for City’s sewer collection system and lift stations.
Item 1N - Page 2
City Council Staff Report
January 25, 2024 -- Page 3
CP 23-13 Award Professional Services Agreement
FISCAL IMPACT:
Funds in the amount of $350,000 need to be appropriated from the Wastewater Capital Improvements Fund balance for this professional service agreement with Hazen and Sawyer.
REVIEWED BY:
City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Attachment A – Public Integrity Form
B. Attachment B – Professional Services Agreement
Item 1N - Page 3
Attachment A
Item 1N - Page 4
PAGE 1
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
SEWER MASTER PLAN UPDATE, CITY PROJECT NO. 23-13
1. Name of Entity
Hazen and Sawyer
2. Address of Entity (Principle Place of Business)
498 Seventh Ave, 11th Floor
New York NY, 10018
3. Local or California Address (if different than #2)
7700 Irvine Center Drive, Suite 200
Irvine CA, 92618
4. State where Entity is Registered with Secretary of State New York
If other than California, is the Entity also registered in California? ☒ Yes ☐ No
5. Type of Entity
☒ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Trust ☐ Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
Ronald Taylor, Gary Haubner, Paul Pitt , ☒ Officer ☒ Director ☐ Member ☐ Manager ☐ General Partner ☐ Limited Partner
Alan Stone, Peter Young, Robert Taylor,
☐ Other
Janice Carroll, Patricia Carney, Matthew Valade, Roger Austin
Cindy Miller ☒ Officer ☐ Director ☐ Member ☐ Manager ☐ General Partner ☐ Limited Partner
☐ Other
☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1N - Page 5
PAGE 2
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM (CONTINUED) SEWER MASTER PLAN UPDATE, CITY PROJECT NO. 23-13
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe
[name of owner/investor]
50%, ABC Company, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
N/A
[name of owner/investor]
N/A
[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name,
Title
Cindy L. Miller, Vice President
Date
12/26/2023
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1N - Page 6
PAGE 3
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals)
What Must I Disclose?
1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity;
(2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form.
2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Item 1N - Page 7
Attachment B
Item 1N - Page 8
Revised 4.13.23 Page 1 of 22
PROFESSIONAL SERVICES AGREEMENT A
SEWER MASTER PLAN UPDATE CITY PROJECT NO 23-13
THIS PROFESSIONAL SERVICES AGREEMENT ( “Agreement”) i s entered into, and effective on _____________, 20__, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and Hazen and Sawyer, a New York corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are c
ollectively referred to as the “Parties”.
RECITALS
A. City requires the professional consultanting services, for the Sewer M aster Plan Update (“Project”).
B. Consultant has submitted to City a propos al to provide professional s er vices, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expe
rtise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City d
esires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Sco pe of Services. In compliance with all terms and condi tions of this 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 material inducement t o the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Co ntract Documents . The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant ’s Proposal”), (collectively referred to as the “Contract Documents” ). The City’s Request for Item 1N - Page 9
Revised 4.13.23 Page 2 of 22
Proposals and the Consultant ’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Con sultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant ’s Proposal shall be b inding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal ; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law . Consultant warrants that all S ervices rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes , ordinances lawful orders, rules, and regulations. Consultant shall be liable for all viola tions of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally requi red to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants 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, per mit, 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 necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest lev ied, assessed, or imposed against City to the full est extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement , Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the S ervices should be performed, and (c) fully understands the facilities, difficulties , and restrictions attending performance of the Services under this Agreement. If the Services in volve work upon any site, Consult ant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed 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 furnish continuous protection to the W ork and the equipment, materials, 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.
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1.7 Further Responsibilities of Parties . P arties agree to use reasonable care and diligence to perform the ir respective obligations under this Agreement. P arties agree to act in good faith to execute all instruments, prepare all documents , and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional 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 written order is first given by the City to the Consultant, incorporating any adjustment in (i) the 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 to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the Cit y Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this s ection shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the S ervices rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of three hundred and fifty thousand and no cents Dollars, ($350,000) ("Maximum Contract Amount"), except as may be provided under Section
1.8. The method of compensation shall be as set forth in Exhibit “B.” C ompensation for necessary expenditures for reproduction costs, telephone expense s, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City . Consultant shall not be entitled to any inc rease in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/ or time -consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the s ervices identified in the Sco pe of Services. If the C ity’s Maximum Contract Amount is reached before the Consultant’s S ervices under this A greement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment . Unless an other method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month 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 b e in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such Item 1N - Page 11
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reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to 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 Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents , work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecut e regularly and dilig ently the Work of this Agreement according to the agreed upon attached Schedule of Performance ( Exhibit “ B”), incorporated herein by this reference. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any 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 within the time period(s) established 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 C ontract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A For ce Majeure Event shall mean an event that materially affects the Consultant ’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); Item 1N - Page 12
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and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such del ay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continu e in full force and effect for a perio d of ___________ (weeks/months), commencing on _____________, 201__, and ending on _____________, 202__, unless extended by mutual written agreement of the Parties. However, the term shall not exceed three (3) year s f rom the commencement date, except as o therwise provided in the Schedule of Performance described in Section 3.2 above.
3.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, 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 notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. 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 Consult ant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act i n its behalf and make all decisions with respect to the Services to be performed under this Agreement:
_________________ [I NSERT NAME ], ____________ [ INSERT TITLE]. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of 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 Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer") . Consultant shall be responsible for keeping the Contract Officer Item 1N - Page 13
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fully informed of the progress of the perf ormance of the S ervices. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or A ssignments. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any par t of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City.
All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement 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 percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved tra nsfer, 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 that 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 sha ll ac t in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’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, employees, or agents, except as set forth in this Agreement. Consultant, its of ficers, employees, or agents shal l not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting the m, including but not limited to s ocial security income tax withholding, unemployment compensation, workers ’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a mem ber of any joint enterprise with Consultant.
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B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any pe rformance 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 the 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. If for any reason any court or governmental agency determines that the City has financial obligations, other than under S ection 2 and Subsection 1.8 in this Agreement, of any nature relating to 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 Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the pa yment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “pub lic works” or “maintenance” proje ct, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage L aws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged fa ilure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labo r Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcont ractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance . Consultant shall procure and maintain, at its sole cost and Item 1N - Page 15
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expense, the insurance described herein . The insurance shall be for the duration of this Agreement and includes any extensions , 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 may 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 W ork or Services 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 (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less t han one million dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either : (a ) certify in writing to the City that Consultant is unaw are of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a ), Consultant shall procure from the professiona l liability insurer an endorsement pro viding that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “cl aims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, C onsultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in 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 polic y of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whicheve r is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and mai ntain, Item 1N - Page 16
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in full force and effect throughout the term of this Agreement, w orkers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consult ant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if a ny, to do likewise under their workers ’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver 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 commercial general liability insurance written on a per occurrence basis with a combined single limit of a t least one million dollars ($1,000,000.00) and two million doll ars ( $2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultant s, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the t erm o f this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions . Any deductibl es or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantee s payment of all deductibles and sel f-insured retentions . City reserves t he right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may 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 Requirements . The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
A. For any claims related to this Ag reement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, offici als, employees, agents , and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, Item 1N - Page 17
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including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by 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 any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period) , unless the endorsement has fi rst been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu o f required endorsement s, and submittal of certificates witho ut required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultant s, and any other parties involved with the Project who are brought onto or involved in the P roject by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all res ponsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultant s 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 insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement , have been renewed or replaced with other policies providing at least the same coverage. Pr oof that such coverage has been ordered shall be submitted prior to expiration. E ndorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days pr ior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements , or as a waiver of any coverage normally provided by any given policy. Speci fic reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not Item 1N - Page 18
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intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees 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 or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. 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 responsible for the payment of damages resulting from the Consultant’s activities or the activities of any 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 Rating of B++, Class VII, or better, unless such requirements are waived in writing by the 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 addi tional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Om issions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
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C. " Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ C ompensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall b e named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnif ied Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be const rued to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligatio n 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 inc orporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining Item 1N - Page 20
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a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records . Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agree ment, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For t his reason, Consultant agrees that Consultant shall promptly notify the Contr act Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, 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 estimated increased or decreased cost for the project being designed if Consultant becomes aware 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 Documents . All drawings, specifications, reports, records, documents, memoranda, correspondence, computations , and other materials prepared by Consultant, its employees, subConsultants, and agents in the per formance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use t he co ncepts embodied tin this Agreement . Consultant shall 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 Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement s hall not be released publicly wit hout the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’ s pri or written authorization.
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7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents , and facilities as City deems necessary to examine, copy, audit , and inspect all accounting books, records, work data, documents , and activities directly related to Consultant’s performance under this Agreement . Consultant shall maintain such books, records, data , and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the da te of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such 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 Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties . The terms of this Agreement are contractual and the result of negotiation between the Parties .
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguit ies are to be construed against t he drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consult ant 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 such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this s ection shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.5.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section Item 1N - Page 22
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8.3A, take over the work and prosecute the same to completion by contract or otherwise . T he Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages) . The City may withhold any payments to the 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 payments 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 default or breach, nor shall failure 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 changing 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 respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, corre ct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert 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 litigation or non -judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees . No officer or 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 Consultant 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 Item 1N - Page 23
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City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Consultant shall n ot discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e ., place of origin, immigration status, cultura l or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termin ation; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement . To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. I t is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale 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 in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim a nd given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant w ill not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by 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 su it and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall Item 1N - Page 24
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not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the ite m, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires , or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached e vidence of completed transmission . All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business d ays after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e -mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: 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: ___________________________
___________________________
___________________________
Attention: __________________
Telephone: _________________
Facsimile: __________________
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law . If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remi nder of that provision, or the remaining provisions of Item 1N - Page 25
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this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Int erest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to c onfer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Reci tals 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 warrants that (i ) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the 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 to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the P arty for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in R esponse to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C ” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT NAME***]
IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF SERVICES
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target o f any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor.
This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1N - Page 30
CITY COUNCIL STAFF REPORT
DATE: JANUARY 25, 2024 BUSINESS & LEGISLATIVE
SUBJECT: APPROVAL OF THE AIRPORT MASTER PLAN TERMINAL DESIGN FOR
THE PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve the Airport Master Plan terminal design for the Palm Springs International Airport (Airport).
RECOMMENDATION:
Review the Airport Master Plan terminal design alternatives 1A and 3 and approve the Airport Master Plan terminal design for the Palm Springs International Airport.
BUSINESS PRINCIPAL DISCLOSURE:
N/A.
BACKGROUND:
On July 28, 2022, the City Council approved the Airport Master Plan scope of work and directed staff to proceed with the issuance of a Request for Qualifications and Proposal.
On January 26, 2023, the City Council approved Contract Services Agreement No. A9391 with Mead & Hunt, Inc. for professional consulting services for a comprehensive Airport Master Plan.
In April 2023, an Airport Master Plan W orking Group was created with the following working group members:
• Chairman Aftab Dada, Airport Commission
• Vice Chairman Kevin Corcoran, Airport Commission
• Commissioner Scott Miller, Airport Commission *
• Ken Hedrick, Former Airport Commissioner
• Harry Barrett, Jr., Airport Executive Director
Item 3A - Page 1
City Council Staff Report
January 25, 2024-- Page 2
Approval of Airport Master Plan Terminal Design
• Jeremy Keating, Assistant Airport Director
• Daniel Meier, Deputy Director of Aviation, Marketing and Air Service • Victoria Carpenter, Airport Administration Manager
• Lindsey-Paige McCloy, Director of Sustainability
• Larry Klingaman, Director of IT
• Joel Montalvo, City Engineer
* Upon Airport Commissioner Scott Miller’s resignation, Airport Commissioner Kevin Wiseman filled the vacancy.
Mead & Hunt Inc. and the Airport Master Plan Working Group have held three meetings to review materials and discuss the Airport Master Plan recommendations and concepts.
On September 16, 2023, the Federal Aviation Administration (FAA) approved the passenger demand forecasts for the Airport Master Plan with a 20-year projection to 6.5 million annual passengers . The passenger demand forecast is the first of two FAA approvals. Upon selection of a preferred development alternative, the Airport will submit an updated Airport Layout Plan (ALP) to the FAA for the second required approval.
On September 19, 2023, a public open house Airport Master Plan event was held at the Palm Springs Convention Center to present four terminal concept alternatives to the community and to gather the community’s feedback. Approximately 160 members of the community attended the open house event and the feedback received from the community did not indicate a strong preference for any one terminal concept alternative.
However, a significant number of public comments expressed appreciation for the alternatives preserving and maintaining the iconic Wexler terminal building.
On December 12, 2023, Airport staff presented terminal concept alternatives 1A and 3 to the Airport’s seven signatory airlines . The following seven signatory airlines were unanimously in support of terminal concept alternative 1A:
• Alaska Airlines
• United Airlines
• American Airlines
• Air Canda
• Delta Airlines
• Southwest Airlines
• West Jet Airlines
The Airport Commission has been consistently briefed on the Airport Master Plan and have discussed and debated the merits of terminal concept alternatives 1A and 3 a t Airport Commission meetings that were held on December 6, 2023 and December 20, 2023. At the December 20, 2023 meeting, the Airport Commission voted (12 – Yes and 4 – No) in favor to recommend to the City Council the approval of Airport Master Plan terminal concept alternative 1A.
Item 3A - Page 2
City Council Staff Report
January 25, 2024-- Page 3
Approval of Airport Master Plan Terminal Design
STAFF ANALYSIS:
Alternative 1A - Expand and Renovate
Alternative 1A includes expansion of existing facilities including the Wexler headhouse and the addition of two new concourses to the north and south of the central Bono Concourse. The rough order of magnitude (ROM) cost for the full build-out of Alternative 1A is approximately $2.2 Billion and would accommodate 34 narrowbody aircraft gate positions and eight remain overnight (RON) parking positions. Phase 1 of Alternative 1A includes the build-out of a new north concourse with 7 narrow body gates, which can flex to accommodate 3 narrow body and 2 wide- body aircraft (5 available gates ).
Accommodations for international arrivals with a commercial aviation Federal Inspection Services (FIS) facility is included in the north concourse expansion. Additionally, proposed Consolidated Rental Car Facility (CONRAC) is also included. The rough order of magnitude (ROM) cost for Phase 1 is approximately $900 Million and the estimated schedule from end of master plan to ribbon cutting is estimated at 3.5 years.
Consideration Phase 1 Phase 2 Phase 3 Phase 4
Phase ROM Cost $900M $1.1B $100M $100M
ROM Total Cost $900M $2B $2.1B $2.2B
Gate Positions (Narrowbody) 25 24 29 34
RON Positions 5 8 8 8
Courtyard SF (secure side) 61,000 88,000 88,000 88,000
Surface Parking Spaces 2,778 3,194 3,194 3,194
Planning Activity Level Requirements PAL 1 PAL 2 PAL 3 PAL 4 Gate Positions (Narrowbody) 23 24 27 32
Public & Employee Parking Spaces 2,063 2,450 2,756 3,321
Advantages of Alternative 1A:
• Significantly lower total and Phase 1 ROM costs and likely lower costs to be passed along to airlines.
• Maintains existing character of PSP by preserving major elements including the Wexler headhouse, the Bono concourse, the fountain, the Tahquitz Canyon Way connection, the outdoor courtyard, the mountain view corridors and the minimal walk distances.
• Conveniently locates CONRAC immediately adjacent to the baggage claim. • Conveniently locates Federal Inspection Services near the existing baggage claim. • Eases construction phasing with multiple and entirely separate and modern concourses.
• Estimated timeframe from end of Master Plan to ribbon cutting is 3.5 to 5 years.
Item 3A - Page 3
City Council Staff Report
January 25, 2024-- Page 4
Approval of Airport Master Plan Terminal Design
• Provides PSP opportunities for stopping points during construction of the four program phases in the event of an economic downtown or unforeseen demand reduction.
Disadvantages of Alternative 1A:
• Long term walking distance increases for south concours that would likely require moving walkways.
• Requires significant renovation of existing spaces including Wexler headhouse and Bono concourse and associated energy efficiently impacts. • Operational challenges during construction include likely having to shuttle rental car passengers.
Alternative 1A / Phase 1 – Potential Operational Disruptions:
• Immediate relocation of Signature Flight Support Fixed Base Operations (FBO). • Displacement of the USO and Customs and Border Protection facilities. • The rental car facilities would be temporarily relocated to either the Airport ’s paid public lots or to the overflow lot. Public parking may be displaced to the overf low lot; both require busing operations.
• P robable need to establish temporary bag claim facility due to shutdowns and seismic retrofitting of existing bag claim to accommodate expansion. • Probable restrictions or complete impacts to concessions customer experience and ability to deliver and store goods (El Mirasol and Coachella Valley Coffee including the commissary kitchen).
• Probable restrictions for aircraft parking at gates 5 & 7 of the Bono Concourse due to crane activity on the north concourse and the hauling of construction materials. • The Ground Transportation Center (GTC) may need to be used to accommodate a laydown yard for the contractors and a haul route for construction, displacing taxi staging.
• Probable power outages will occur when the Airport’s power is switched over to the Central Utility Plant.
• Probable power outages will occur when the systems are tied into the North Wing.
Alternative 1A / Phase 2 – Potential Operational Disruptions:
• Probable power outages will occur when the systems are tied into the South Wing. • Deficit of five gates during construction; hard stand locations for busing operations would need to be identified due to demolition of Agua Caliente Concourse. • Complete loss or substantially restricted cargo access through Gate 15.
Item 3A - Page 4
City Council Staff Report
January 25, 2024-- Page 5
Approval of Airport Master Plan Terminal Design
Alternative 3 - Replace
Alternative 3 fully replaces terminal area facilities to the south side of the terminal envelope adjacent to Kirk Douglas Way. The ROM cost for the full build out of Alternative 3 is approximately $2.8 Billion and would accommodate 32 narrowbody aircraft gates and three RON parking positions. Phase 1 of Alternative 3 essentially requires construction of the majority of the facilities and consequently the ROM for Phase 1 in Alternative 3 is approximately $1.7 Billion and the schedule from end of master plan to ribbon cut ting is estimated between 5 and 7 years.
Alternative 3 Summary
Consideration Phase 1 Phase 2 Phase 3 Phase 4
Phase ROM Cost $1.7B $900M $100M $100M
Running ROM Cost Total $1.7B $2.6B $2.7B $2.8B
Gate Positions (Narrowbody) 20 24 28 32
RON Positions 3 11 8 8
Outdoor Courtyard SF 26,000 26,000 26,000 26,000
Surface Parking Spaces 3,441 3,441 3,441 3,441
Planning Activity Level Requirements PAL 1 PAL 2 PAL 3 PAL 4 Gate Positions (Narrowbody) 23 24 27 32
Public & Employee Parking Spaces 2,063 2,450 2,756 3,321
Advantages of Alternative 3:
• Creates brand new operationally efficient terminal and vehicle parking facilities. • New terminal systems would likely be more energy efficient and reduce annual operations and maintenance costs.
• Minimizes phasing disruptions to existing operations during construction. • Provides a larger landside area for the CONRAC.
• Maintains historic Wexler terminal and allows the community to determine a future non-terminal related use for this important facility.
Disadvantages of Alternative 3:
• Significantly higher ROM costs in Phase 1 that may need to be passed along to the airlines.
• Phase 1 only results in a net gain of 2 gates from 18 currently to 20 total gates. • Minimal landside vehicle parking space is available given the need to relocate Kirk Douglas Way. Currently, the Airport does not own much of the property between Kirk Douglas Way and Ramon Road.
• Aircraft parking on south and southwest sides of Agua Caliente concourse would likely be reduced resulting in a deficit of three gates during certain phases of construction.
This potentially places gate demand in a larger deficit from what it currently is today.
Item 3A - Page 5
City Council Staff Report
January 25, 2024-- Page 6
Approval of Airport Master Plan Terminal Design
• Disrupts the direct line-of-sight/connection of the primary terminal to downtown Palm Springs via Tahquitz Canyon Way.
• Requires a longer timeline from end of Master Plan to ribbon cutting. • Once construction of Phase 1 begins, the Airport is essentially committed to the significant investment of the overall program.
Alternative 3 / Phase 1 – Potential Operational Disruptions:
• Probable disruptions to access roads. Displac ement of existing on-airport traffic to Ramon Road and El Cielo Road during construction.
• Uber/Lyft staging area displacement due to realignment of Kirk Douglas Way and construction of lots.
• P robable loss of aircraft parking positions at gates 15-20 (f ive gates) at the Agua Caliente Concourse due to construction of new terminal complex. Would require hard stand busing operation.
• Public parking displacement that would require bus operations. • Possible relocation of Signature Flight Support Fixed Base Operations (FBO). • Probable restrictions on cargo access.
• Overflow paid parking would not be available during seasonal peaks.
After carefully reviewing the information for Alternatives 1A and 3, Airport staff has determined that under a traditional funding method using federal grants, Customer Facility Charges (CFCs), P assenger Facility Charges (PFCs) and G eneral Airport Revenue Bonds (GARBs), the project cost for Alternative 3 is not feasible, and therefore staff recommends the approval of Alternative 1A.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
The Draft Airport Master Plan, expected to be complete in late spring of 2024 , will be considered a “Project” pursuant to CEQA and will undergo a 12–18-month CEQA analysis as part of the Airport Master Plan scope of work. Following completion of that CEQA document, City Council will be asked to adopt the Airport Master Plan.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Priority 2 , Community Infrastructure, specifically 2A – Improve City Facilities.
Item 3A - Page 6
City Council Staff Report
January 25, 2024-- Page 7
Approval of Airport Master Plan Terminal Design
FISCAL IMPACT:
Alternative 1A is expected to be funded from various sources including , federal grants through the Federal Aviation Administration (FAA) Airport Improvement Program (discretionary and entitlement), C ustomer Facility Charges (CFCs), P assenger Facility Charges (PFCs), the Airport special capital projects fund, General Airport Revenue Bond (GARB) proceeds, and the possibility of P ublic-Private-Partnerships (P3s). A financial feasibility study will be completed as a part of the master planning process to determine the best funding options for Alternative 1A.
The Airport has historically been the beneficiary of formulated AIP entitlement FAA funding of approximately $4.3 million, annually. The Airport intends to utilize AIP entitlement funding on portions of the phasing. AIP discretionary grant funding amounts are based on an evaluation of what could be reasonably expected to be available by the FAA on an annual basis and are competitive with other airports. The A irport intends to apply for discretionary funding for portions of the phasing of Alternative 1A where feasible.
Portions of Alternative 1A include the construction of a consolidated rental car facility, which is a non-aeronautical car rental project and is not eligible for FAA Airport Improvement Program grants; therefore, will require other funding sources. In anticipation of this need, a CFC has been established at a collection rate of $9 per day up to a five - day maximum and the f und has a $39,070,324 balance that will be used toward the Alternative 1A, including potentially leveraging revenue bonding.
PFCs are user fees imposed by an airport, collected for each enplaned passenger, and used for specific projects approved by the FAA. PFC’s can be used on a pay -as-you-go basis for eligible costs of the Alternative 1A and for future GARB debt service. PFC - eligible project costs will be considered for funding Alternative 1A.
The Airport has historically used its internal cash from the operation of the airport system to fund certain projects in the Airport special capital projects fund. Alternative 1A will require a financial forecast analysis of the Airports cash flow to determine the portion of funding to be used for Alternative 1A.
Additional local funding beyond what can be funded from PFCs, CFCs and the Airport’s department fund would require the issuance of GARBs. GARBs are debt instruments secured by the Airport’s revenues and will be considered for the Alternative 1A.
Depending on the exact timing and magnitude of future capital expenditures, it will be necessary to issue future debt to fund the Master Plan Alternative 1A, particularly the planned terminal development at the Airport.
A growing trend in the airport industry is P3. In general, P 3s are arrangements whereby public agencies and private companies collaborate on public infrastructure projects and where the private company assumes the financial risk. These are typically longer -term arrangements with an agreement on shared objectives for the delivery of public Item 3A - Page 7
City Council Staff Report
January 25, 2024-- Page 8
Approval of Airport Master Plan Terminal Design
infrastructure including terminal buildings and parking facilities. The Airport has not included use of any P3 arrangements for Alternative 1A; however, in efforts to continually seek competitive advantages and efficiencies , speed to capital development, and increase financial flexibility, P3s may be explored as an option in the future.
The City Council is not approving the funding of the project at this time. A financial feasibility study will be conducted at a later time to determine the most effective way to fund the project, and the Airport staff will present the recommended funding sources to the City Council for approval.
REVIEWED BY:
Department Director: Harry Barrett Jr.
Director of Finance: Kristopher Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:
A. Airport Terminal Alternative 1A
B. Airport Terminal Alternative 3
Item 3A - Page 8
ATTACHMENT A
AIRPORT TERMINAL ALTERNATIVE 1A
Item 3A - Page 9
EL CIELO RD
KIRK DOUGLAS WAY
TAHQUITZ CANYON WAY
N CIVIC DR
BARISTO ROAD
E RAMON ROAD
200'0 400'
GRAPHIC SCALE IN FEET
Figure 4-8: Alternative 1A Full Build
LEGEND:
EXISTING SIGNAL
PROPOSED SIGNAL
EXISTING BUILDING TO REMAIN
HEADHOUSE
PARKING
COURTYARD / GREENSPACE
CONRAC
FUTURE PROPERTY ACQUISITION
EXISTING AIRPORT PROPERTY
GROUND TRANSPORTATION CENTER
CONCOURSE
4-23
AIRCRAFT AT GATE
AIRCRAFT RON
AIRCRAFT MOVEMENT AREA
LOT G
LOT D
LOT B
LOT F
LOT A
AUTO PARKING
LOT AREA SPACES*
A 70,000 SF N/A
B 80,000 SF N/A
C 337,000 SF 1036
D 56,000 SF 172
E 181,000 SF 556
F 123,000 SF 378
G 342,000 SF 1052
* Based on assumption of 325 SF per parking area (includes circulation) LOT C
LOT E
CENTRAL UTILITY PLANT
Source: Gensler and Mead & Hunt, 2023
Item 3A - Page 10
!----------- ~ --~ - ----------------------
0 -
ATTACHMENT B
AIRPORT TERMINAL ALTERNATIVE 3
Item 3A - Page 11
EL CIELO RD
KIRK DOUGLAS WAY
TAHQUITZ CANYON WAY
N CIVIC DR
BARISTO ROAD
E RAMON ROAD
200'0 400'
GRAPHIC SCALE IN FEET
Figure 4-13: Alternative 3 Full Build
4-31
LEGEND:
EXISTING SIGNAL
PROPOSED SIGNAL
EXISTING BUILDING TO REMAIN
HEADHOUSE
PARKING
COURTYARD / GREENSPACE
CONRAC
FUTURE PROPERTY ACQUISITION
EXISTING AIRPORT PROPERTY
GROUND TRANSPORTATION CENTER
CONCOURSE
LOT F
LOT D
LOT C
LOT A
LOT E
LOT G
LOT H
LOT B
SKYBRIDGE
AUTO PARKING
LOT AREA SPACES*
A 397,000 SF 1221
B 70,000 SF 215
C 80,000 SF 246
D 56,000 SF 172
E 146,000 SF 449
F 342,000 SF 1052
G 59,000 SF N/A
H 28,000 SF 86
* Based on assumption of 325 SF per parking area (includes circulation)
AIRCRAFT AT GATE
AIRCRAFT RON
AIRCRAFT MOVEMENT AREA
CENTRAL UTILITY PLANT
Source: Gensler and Mead & Hunt, 2023
Item 3A - Page 12
0 -
CITY COUNCIL STAFF REPORT
DATE: JANUARY 25, 2024 BUSINESS & LEGISLATIVE
SUBJECT: SECURITY CAMERAS, AUTOMATED LICENSE PLATE READERS
PURCHASED AND CONTROLLED BY PRIVATE ENTITIES
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
This staff report is presented at the request of the City Council to initiate a discussion regarding the operation and control of private security cameras or automated license plate readers (ALPRs), specifically those within Homeowners Associations (HOAs), and the regulation of cameras that may encroach upon City right of way. The purpose of this report is to provide information and considerations for the City Council's deliberation on this matter.
RECOMMENDATION:
Direct Staff as appropriate.
BACKGROUND:
The operation and control of private security cameras have become increasingly relevant in our community, with growing concerns for public safety and the need for enhanced security measures. This discussion encompasses two primary aspects:
Operation of Security Cameras in HOAs and Neighborhoods: Many HOAs and residential communities have expressed interest in installing security cameras and automated license plate readers to enhance the safety of their neighborhoods. These entities have approached the C ity for encroachment permits to install such cameras on City sidewalks or other public right of way adjacent to their communities.
Control of Security Cameras Encroaching on City Property: The question arises as to whether the City has the authority to regulate the operation of security cameras that encroach upon City right of way, particularly when those cameras are placed there at the request of private entities.
Item 3B - Page 1
City Council Staff Report
January 25, 2024 -- Page 2
ALPR by Private Entities
STAFF ANALYSIS:
The Police Department and City Attorney have provided their insights on this matter:
Police Department: The Police Department acknowledges the potential benefits of security cameras in improving public safety and aiding law enforcement. However, they also express concerns about privacy implications and the need to strike a balance between security and individual rights.
City Legal Department: The City Attorney has not identified any cities that currently regulate the operation of security cameras on private property, including any cities that regulate such cameras that encroach upon city right of way. There are concerns that such regulation, especially on exclusively private property, may be difficult given the already wide-spread use of security cameras (i.e., Ring cameras).
DISCUSSION POINTS FOR CITY COUNCIL:
The City Council is requested to consider the following discussion points:
Regulation of Security Cameras on Private Property: Discuss the feasibility and legality of regulating the operation of security cameras on private property, especially when they encroach upon City right of way. Consider the potential benefits and drawbacks of such regulation.
Privacy Concerns: Evaluate the privacy concerns associated with the operation of security cameras, keeping in mind residents' rights to privacy and protection.
Community Safety: Assess the role of security cameras in enhancing community safety and assisting law enforcement agencies in crime prevention and investigation.
Encroachment Permit Process: Determine whether adjustments should be made to the encroachment permit process for HOAs and Neighborhoods requesting permission to install security cameras within City right of way.
Access: When contemplating access requirements for security cameras, such as Automated License Plate Readers (ALPRs), that are situated on City right of way, it is important to address various access scenarios.
Firstly, when a neighborhood group funds the installation of an ALPR camera on City right of way, the question arises as to whether the City should require that the Neighborhood group grant access to the camera to the P olice Department. Alternatively, should the neighborhood group have the flexibility to decide whether they grant the P olice Department sole access while retaining access themselves?
Item 3B - Page 2
City Council Staff Report
January 25, 2024 -- Page 3
ALPR by Private Entities
Secondly, in the case of private entities that purchase ALPRs, there are typically options for accessing the data captured by the cameras. Some private entities may choose to maintain access to the ALPR data, allowing them to retain control over the inform ation collected. On the other hand, other private entities may opt to provide the police department with exclusive access, thereby relinquishing their own access to the camera's data.
The determination of access requirements in these scenarios is a matter of considerable importance, as it not only affects public safety but also has implications for individual privacy. To ensure that the use of security cameras on City property aligns with the City's objectives and adheres to privacy and legal constraints, it is essential to establish clear guidelines and engage in thoughtful deliberation on this matter.
Legal Consultation: Consider seeking further legal advice and exploring case law to understand the extent to which the City can regulate security cameras on private property.
STAKEHOLDER ENGAGEMENT:
Numerous neighborhood associations have engaged in dialogues with both the local police department and Flock Safety regarding the procurement of Flock ALPR cameras within their respective neighborhoods or homeowners' associations (HOAs). Notably, a Neighborhood situated on the southern end of Palm Springs has secured the necessary funding to acquire two Flock ALPR cameras intended for their community. These cameras are slated to be installed on City property, and as part of their initiative the Neighborhood group intends to grant exclusive access to the Police Department. To facilitate this endeavor, the Neighborhood group has submitted permit applications for the installation of the two Flock ALPR cameras.
ENVIRONMENTAL ASSESSMENT
:
This staff report and the requested action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as it is merely an opportunity for the City Council to discuss this issue and possibly provide further direction in order to study and evaluate the issue.
ALIGNMENT WITH STRATEGIC PLANNING:
Private entities who purchase ALPR cameras for their neighborhoods that encroach on City right of way can align with the City Council’s priority 1B, Crime Reduction in several ways:
Enhanced Surveillance: Flock ALPR cameras provide an additional layer of surveillance in neighborhoods. They can capture license plate data, which can be valuable for law enforcement in identifying and tracking vehicles associated with criminal activities. This enhanced surveillance can deter criminal behavior, making neighborhoods safer.
Item 3B - Page 3
City Council Staff Report
January 25, 2024 -- Page 4
ALPR by Private Entities
Community Engagement: Allowing private entities, such as Neighborhood groups, to invest in security measures demonstrates a community's active participation in crime prevention. This engagement fosters a sense of ownership and responsibility among residents, promoting a collaborative approach to addressing crime issues.
Quick Response: ALPR cameras can alert law enforcement to suspicious or wanted vehicles in real-time. This rapid response capability enables law enforcement to intervene promptly, preventing crimes or apprehending suspects before they can evade capture.
Data Sharing: When private entities provide access to law enforcement agencies, it facilitates data sharing. This collaboration allows law enforcement to use the collected information effectively to analyze patterns, identify potential threats, and allocate resources strategically for crime prevention efforts.
Cost-Effective Solutions: Allowing private entities to purchase and maintain these cameras that encroach on City right of way can be cost -effective for the City. It reduces the financial burden on municipal budgets while expanding the coverage of security cameras throughout the City.
Deterrence Factor: The presence of visible security cameras, such as ALPRs, acts as a deterrent to potential criminals. Knowing that their activities may be recorded and investigated can discourage criminal behavior in the first place.
FISCAL IMPACT
:
N/A.
REVIEWED BY:
Department Director: Andrew G. Mills
City Manager: Scott Stiles
ATTACHMENTS:
A. Police Department Presentation PPT
Item 3B - Page 4
ATTACHMENT A
Item 3B - Page 5
NEIGHBORHOOOD
CRIME PREVENTION
ALPR Cameras, Ring Cameras, etc.
Item 3B - Page 6
-
Neighborhood Cameras
Flock Safety, Inc. can
contract with local police
departments as well as
neighborhoods for Flock
ALPR cameras.
01 Neighborhoods that pay for
Flock Cameras have
the option of only sharing
data with the police
department if a crime
occurs, which gives the
neighborhood 100% control
of the footage, or,
02 Neighborhoods who want
to pay for cameras can give
the police department 24/7
access to the neighborhood
ALPR, at which point the
neighborhood does not
have access to the data.
03 Item 3B - Page 7
Background
• Security cameras are installed across the city in various nei
ghborhoods installed on individual homes.
• These cameras, owned by residents, Homeowners
As
sociations (HOAs), or neighborhood groups, are not
subject to city regulation.
• Control and access to the footage from these residential a
nd HOA security cameras are managed by individual
homeowners or the respective HOA.
• Current placement of these cameras is restricted
e
xclusively to private properties.
Item 3B - Page 8
Current Interest
• Several neighborhoods and
b
usinesses have expressed
interest in having Flock cameras,
which would be under the
surveillance of the PSPD.
• One particular neighborhood
h
as already acquired two
cameras and wishes to grant
exclusive access to the police
department. However, approval
is required for these cameras to
be installed on city property.
Item 3B - Page 9
Considerations
• City ordinance dictates the regulation of
s
urveillance cameras intended for
placement on public land.
• Is there a need to contemplate
r
egulations for surveillance cameras
within Homeowners Associations (HOAs)
or neighborhood areas?
• Propose establishing formal
M
emorandums of Understanding
(MOUs) between neighborhoods or
HOAs and the police department,
enabling police department access to
monitor surveillance cameras through
their software systems.
Item 3B - Page 10