Agenda packet — Palm Springs City Council, February 29, 2024 (part 3 of 5)

FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
Item 1I - Page 64

Page 61 of 69 ends

FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.

REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurementguidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
Item 1I - Page 65

Page 62 of 69 ends

FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
Item 1I - Page 66

Page 63 of 69 ends

FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.

Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.

Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.

Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.

Land – This provision will not typically apply to a property/land project.

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41
Item 1I - Page 67

Page 64 of 69 ends

FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.

Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.

DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions

Item 1I - Page 68

Page 65 of 69 ends

FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1I - Page 69

Page 66 of 69 ends

FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against Item 1I - Page 70

Page 67 of 69 ends

U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

Item 1I - Page 71

Page 68 of 69 ends

FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1I - Page 72

Page 69 of 69 ends

FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L) Item 1I - Page 73

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1I - Page 74

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other Principal
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other Principal
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other Principal
Frasca & Associates, LLC
521 Madison Avenue, 7th Floor, New York, NY 10022
New York
Incorp Services Inc, 5716 Corsa Avenue, Suite 110, Westlake Village, CA 91362 Kenneth Cushine
Juan Pittman
Marvin Sun
Item 1I - Page 75
X
X
X
X
X

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Kenneth Cushine 49%, Frasca & Associates, LLC
Juan Pittman 25.5%, Frasca & Associates, LLC
Marvin Sun 25.5%, Frasca & Associates, LLC
Kenneth J. Cushine, Principal 12/18/2023
Item 1I - Page 76

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE THE FUNDING OF FOUR CAPITAL IMPROVEMENT

PROJECTS FROM MEASURE J FUNDS FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve the funding of four capital improvement projects from Measure J funds in an amount not to exceed $1,550,000 for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve the funding of four capital improvement projects from Measure J funds in an amount not to exceed $1,550,000 for the Palm Springs International Airport.

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

3. Direct staff to file a Notice of Exemption with the County of Riverside County Clerk.

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

On September 20, 2023, Finance Director Kristopher Mooney notified the Airport Commission that in 2012, the Federal Aviation Administration passed a rule that required any local aviation fuel tax that had been collected from 2008 to current had to be set aside and used for airport related expenses. Finance Director Mooney also informed the Airport Commission that the City had put the Measure J sales tax in place in 2012; and in 2017, the Measure J Oversight Commission began to set aside the estimated amount of $200,000 per year for the Airport. Moreover, there is an estimated $1.5 million in the Item 1J - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Approve Funding of Four Capital Improvement Projects
Airport’s Measure J fund, and the Measure J Oversight Commission continues to set aside $200,000 per year in the Airport’s Measure J fund.

Finance Director Mooney advised the Airport staff and the Airport Commission that there were three approvals that needed to be completed, in the following order, before the Measure J funds could be used: 1) The Airport Commission must approve the projects; 2) The Measure J Oversight Commission must approve the projects; and 3) The City Council must give the final approval of the projects.

On October 18, 2023, the Airport Commission voted unanimously in favor to recommend to the Measure J Committee the approval of funding the following four Airport capital improvement projects with Measure J funds:

Proposed Projects Estimated Cost
Shade Structure – Uber/Lyft/Taxi Pick-Up Area $1,000,000 Carpet Replacement – Main Terminal Lobby and
Security Checkpoint $400,000
Eight (8) Water Fill Stations for Portable Water Bottles $50,000 Mid-Century Outdoor Seating Benches, Circular
Benches, Interior Benches and Cement Planting
Structures
$100,000
Total Estimated Cost $1,550,000
On November 16, 2023, the Measure J Oversight Commission voted unanimously in favor to recommend to the City Council the approval of funding the four Airport capital improvement projects with Measure J funds.

STAFF ANALYSIS:

As part of the ongoing efforts to enhance the Airport’s facilities and services, staff is recommending the funding of the four Airport capital improvement projects with Measure J funds. The four proposed Airport capital improvement projects are vital for the enhancement of the overall Airport passenger experience.

Shade Structure – Uber/Lyft/Taxi Pick-Up Area
The installation of a dedicated shade structure for the Uber, Lyft, and Taxi pick-up area is essential to ensure the comfort and safety of passengers during their arrivals. The proposed $1,000,000 investment will provide much-needed protection from the elements, contributing to a positive transportation experience.

Carpet Replacement – Main Terminal Lobby and Security Checkpoint Aesthetic and functional improvements are paramount in high-traffic areas such as the main terminal lobby and security checkpoint of the Airport. The proposed $400,000 investment in carpet replacement will enhance the visual appeal of these spaces, and a Item 1J - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Approve Funding of Four Capital Improvement Projects
well-maintained environment enhances the passenger experience and leaves a favorable impression on both the airlines and the passengers.

Eight (8) Water Fill Stations for Portable Water Bottles The installation of eight (8) water fill stations for portable water bottles is in line with the Airport’s commitment to sustainability. The proposed $50,000 investment will provide convenient access to free drinking water which will reduce the reliance on single-use plastic bottles, and it will promote environmental responsibility.

Mid-Century Outdoor Seating Benches, Circular Benches, Interior Benches, and Cement Planting Structures
The preservation of Mid-Century architecture and design is essential for maintaining the key characteristics of the Airport and Palm Springs. The proposed $100,000 investment will highlight and encourage an appreciation for Mid-Century architecture and design.

ENVIRONMENTAL ASSESSMENT:

Pursuant to the California Environmental Quality Act (CEQA), the approval of funding and the four capital improvement projects detailed above (“Project”) is categorically exempt under State CEQA Guideline section 15303: Class 3 “New Construction or Conversion of Small Structures”, which states “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Here, the requested action includes funding for four capital improvement projects, each of which includes the installation of small new equipment: shade structure, new carpet, water fill stations, and benches.

The City has also considered whether the Project is subject to any of the six (6) exceptions that would prohibit the use of a categorical exemption as set forth in State CEQA Guidelines Section 15300.2. The six (6) exceptions to this Exemption are: (a) Location; (b) Cumulative Impacts; (c) Significant Effect; (d) Scenic Highways; (e) Hazardous Waste Sites; and (f) Historical Resources.
a. Location exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none of which are being utilized here;
b. There is no possibility of a cumulative impact of the same type of Project in the same place over time. The Project involves improvement projects, such as shade structure, new carpet, water fill stations, and benches. The likelihood of a successive Project on this site is low and probability of a cumulative impact is low; c. The Project is not marked by unusual circumstances. There is nothing unusual about capital improvement projects to an existing airport. d. The Project would not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a Item 1J - Page 3
City Council Staff Report
February 29, 2024 -- Page 4
Approve Funding of Four Capital Improvement Projects
highway officially designated as a state scenic highway; e. The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and f. The Project would not cause a substantial adverse change in the significance of a historical resource.

If the Project is approved, staff will file a CEQA Notice of Exemption within five working days of this action.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Funds are set aside in the Measure J Fund Balance, and the funds will be appropriated to Measure J Account Number 2603080-80000 in the amounts of $1.495 million in FY24 and $55,000 in FY25 to fund the four Airport capital improvement projects.

REVIEWED BY:

Department Director: Harry Barrett Jr.

Finance Director: Kristopher Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

None.

Item 1J - Page 4

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF 5 NEW VEHICLES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will authorize issuance of a purchase order for the purchase of new vehicles in an amount not to exceed $321,614.24. Three new vehicles are for use by the Airport for added positions, one new vehicle is for use by the Parks & Recreation Department, and one new vehicle is for use by the Police Department.

Funding for this action is available from the Airport Fund (Fund 416), a separate fund established solely for operations of the Airport, and the Motor Vehicle Fund (Fund 510), a separate fund established solely for the purchase of vehicles and equipment.

RECOMMENDATION:

1. Approve the issuance of a purchase order to 72 Hour LLC dba National Auto Fleet Group, for the purchase of 3 Ford F-150 Lightning Pro 4WD SuperCrew, 1 Ford F-150 Police Responder XL 4WD SuperCrew, and 1 Ford Transit Passenger Wagon T-350 in an amount not to exceed $321,614.24;

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

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

BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms are included as Attachment A.

Item 1K - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Authorization to Purchase Vehicles
BACKGROUND:

On June 5, 1996, the City Council adopted Resolution No. 18834 (Attachment B), establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. A copy of the resolution is included in the attachments to this report. However, in the past economic recession, the City Council suspended regular vehicle replacements, allowing replacements only on an emergency basis. This created a backlog of vehicles that have higher mileage and worn condition and require replacement. In recent years the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.

STAFF ANALYSIS:

As the age of the City’s existing fleet of vehicles increases, the annual cost to maintain these vehicles also increases. Staff monitors the ongoing operational and maintenance cost of its older vehicles and has identified an inventory of vehicles that should be replaced with new vehicles given the accumulated cost of repairs in comparison to the current value of the vehicle. In certain additional cases, new vehicles are required to support additional staff.

Staff has initiated this purchase through Sourcewell’s national cooperative purchasing program; 72 Hour LLC dba National Auto Fleet Group awarded contract #091521-NAF for the procurement of automobiles, SUVs, vans, and light trucks with related equipment and accessories. This cooperative contract includes provisions that allow the awarded vendor to extend the same contract pricing to other public agencies. As such, pursuant to the provisions of the Procurement Ordinance, 7.099.010, the City Council may authorize procurement of vehicles and equipment under this pricing afforded through this cooperative contract.

The requested action includes the purchase of 3 Ford electric F-150 Lightning Pro 4WD SuperCrews, 1 Ford F-150 Police Responder XL 4WD SuperCrew, and 1 Ford Transit Passenger Wagon T-350 vehicles. The purchase of these vehicles follows the City’s Environmentally Preferable Purchasing Policy.

Staff has identified the following lists of replacement and new vehicles for the indicated departments.

Item 1K - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Authorization to Purchase Vehicles
Parks and Recreation:

Parks and Recreation has 1 existing vehicle that was totaled due to a traffic collision that resulted in a fire.

Existing Unit # Year Make/Model Mileage
506 2016 Ford Transit Connect Van 29,959
This vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Unit Cost
2024 Ford Transit Passenger Wagon T-350 $66,744.29 $66,744.29 Contingency $6,677.43
Total Estimated Cost $73,451.72
*Vehicle Year, Make and Model may change due to availability.

Police Department:

The Police Department has 1 existing vehicle that is 12 years old and requires replacement.

Existing Unit # Year Make/Model Mileage
200112 2012 Chevrolet Silverado 1500 32,296
This vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Unit Cost
2024 Ford F-150 Police Responder XL
4WD SuperCrew $58,461.04 $58,461.04
Contingency $5,846.10
Total Estimated Cost $64,307.14
*Vehicle Year, Make and Model may change due to availability.

Item 1K - Page 3
I I
I I
City Council Staff Report
February 29, 2024 -- Page 4
Authorization to Purchase Vehicles
Fleet Additions:

Purchase 3 new vehicles for new positions not yet assigned a vehicle.

Make/Model Quantity Cost* Assigned To
2024 Ford F-150
Lightning Pro 4WD
SuperCrew (electric)
3 x $55,713.75 $167,14113 Airport
Contingency $16,714.13
Total Estimated Cost $183,855.38
*Vehicle Year, Make, and Model may change due to availability.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council Priority 2, Community Infrastructure.

FISCAL IMPACT:

Sufficient funding is available in Airport Accounts 4167065-60020 and 4167070-50126, and Fleet Account 5106560-60020.

REVIEWED BY:

Assistant Director of Maintenance & Facilities: Daniel Martinez Director of Public Works: David McAbee
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Resolution No. 18834
Item 1K - Page 4

ATTACHMENT A
Item 1K - Page 5
Item 1K - Page 6

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
?2 Hov-r LLC.. vlb-.< N~·lOl\t,(\ A~+v Ffe,e.J t;..-tMe Address of Entity (Principle Place of Business)
LJCJ<J Al{ ..f <> C..~u {)rive.- I w~-+Go"\ vt'(/a I cA CfSOl6 Local or California Address (if different than #2)
Sw,.te. CtE:> c.Jco vt!Z.-
State where Entity is Registered with Secretary of State &lr"/or(ll./u__
If other than California. is the Entity also registered in California? n Yes n No Type of Entity
D Corporation 0-.Umited liability Company O Partnership O Trust O Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Item 1K - Page 7

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

MeJv,v1 Coone-r 5o'!o , 1i.. HtMJr lf..C-
[name of owHer/investor] [percentage of beneficial interest in entity and name of entity)
B.
c.k!tise Co~ u So%, 12 ~,. Ll.C
[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]

0. [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.
(Revised 0913.18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

ATTACHMENT B
Item 1K - Page 8
Item 1K - Page 9
RESOLUTION NO. 18834

OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, ESTABLISHING A INEW
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 b1::ien 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 City equipment beyond the established policy life of the equipment; and
WHEREAS it is now desirable to establish a new Equipment Replc1cement Polic:y to formally increase the length of time or mileage the vehicles will be ope1rated by thEi 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 1:

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 01r 70,000 mili3s
(Bought Used)

3. Police Patrol Units 3 years o:r 90,000 mif13s

4. Police Detective Units 6 years or 70,000 milias
(Bought Used)

5. Truck & PickU1ps
A. Light Duty 8 years or 80,000 mil,es
(Up To 3/4 Toni

8. 1 Ton & Over 10 years
*Note: Age is based on model year.

I
I
I
Item 1K - Page 10
I
I
I
Rl8834

Page 2 ends

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: FEBUARY 29, 2024 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ONE (1) NEW JCB
512P83R TELEHANDLER AND ATTACHMENT EQUIPMENT IN AN
AMOUNT NOT TO EXCEED $373,468.55
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will authorize the purchase of one new JCB 512P83R Telehandler for the Aviation Department at a purchase price of $373,468.55 through the national Sourcewell cooperative purchase agreement # 040319-JCB.

RECOMMENDATION:

1. Approve the issuance of a purchase order to JCB Southern California LLC for the purchase of one new JCB 512P53R Telehandler and equipment in an amount not to exceed $373,468.55 (Attachment A), inclusive of sales tax;

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of JCB Southern California LLC Public Integrity Disclosure form is included as Attachment B.

BACKGROUND:

High reach telehandlers are machines that deliver jobsite materials to heights up to 65 feet above ground level. These pieces of equipment are versatile, allowing the use of various attachments, allowing staff the ability to complete different tasks while utilizing only one piece of equipment, increasing job efficiency. This machine combines the reach and lifting capability of a crane with the maneuverability of a telehandler along with the access capability of a mobile work platform.

Airport Maintenance needs a high capacity, rotating telehandler with a variety of attachments to assist in the day-to-day operational functions. The Public Works Item 1L - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Authorize Purchase of Telehandler and Attachment Equipment Department worked with the Aviation Department on the requirements needed for this piece of equipment to identify the best value product.

STAFF ANALYSIS:

Staff has initiated this purchase through Sourcewell’s national cooperative purchasing program, JCB Southern California LLC awarded contract #040319-JCB for the procurement of heavy construction equipment with related attachments and technology.

This cooperative contract includes provisions that allow the awarded vendor to extend the same contract pricing to other public agencies. As such, pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize procurement of vehicles and equipment under this pricing afforded through this cooperative contract.

Sourcewell provides the most competitive price for this type of equipment.

This requested action includes the purchase of one new JCB 512P83R Telehandler and equipment. The equipment to be acquired in this action is a traditional diesel-powered motor that meets California Air Resources Board standards (the manufacturer does not offer a hybrid engine option) and was selected for their specific performance and operational requirements.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2023-24 in Airport Account 4167065-60015.

REVIEWED BY:

Assistant Director of Maintenance and Facilities: Daniel Martinez Director of Public Works: David McAbee
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
Item 1L - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Authorize Purchase of Telehandler and Attachment Equipment ATTACHMENTS:

A. Quote
B. Public Integrity Disclosure
Item 1L - Page 3

ATTACHMENT A
Item 1L - Page 4

Product Quotation
Prepared For:

Aaron Bergeson
City of Palm Springs
Palm Springs CA 92262
Prepared By:

Kevin Haight

JCB SOUTHERN CALIFORNIA LLC (HL)
mobile:

Image is for indicative purpose only and may not represent exact equipment being quoted Item 1L - Page 5
SOCAL

Standard Equipment
Standard Equipment and Features & Benefits related to this product are subject to change without notice GENERAL One piece unitized mainframe with sway control and componentized driveline.

ENGINE JCB Ecomax Turbo charged 4.8 L 145 HP Tier 4F. Dual element air cleaner, spin- on fuel filter, fuel/water separator, spin on vertical oil filter, anti-freeze protection to -30 F.

TRANSMISSION JCB 2-speed hydrostatic transmission; travel speed 25 mph.

AXLES Dana Spicer epicyclic reduction gear; 4-wheel drive; 3-steering modes. ± oscillation with automatic hydraulic lock out on rear axle.

BRAKES Power brakes hydraulically activated oil-immersed multi-disc type on each axle. Rear axle - SAHR park brake. Electric park brake.

ELECTRICAL 12 v negative ground, 130 AH battery, 95 amp alternator. Reverse alarm. 2 Batteries.

HYDRAULICS Variable displacement pump electronically controlled with variable displacement motor. Single auxiliary hydraulic service on boom nose 23 gpm INSTRUMENTS Audio-visual warning system for: coolant temperature, engine oil pressure, air cleaner, battery charge, transmission oil temperature and pressure water in fuel. Engine speed indicator, engine temperature, fuel gauge, clock and lateral inclinometer. All time display hour meter.

LOAD MANAGEMENT SYSTEM Boom capacity and outrigger function LMI with RFID attachment recognition, includes 7 in. screen, programmable limits and speed profiles.

OPERATOR STATION Quiet, safe and comfortable cab conforms to ROPS ISO 3471 and FOPS ISO 3449.

Dual, seat mounted joysticks with soft touch buttons.

BOOM 4 section boom with a max lift height of 83 ft 3 in., hydraulic parallel lift, max lift capacity of 12,000 lbs. C channel pressed design, made from high tensile steel. Low maintenance, hard wearing pads.

TURNTABLE 360° Continuous rotation turret with external slew ring; in-cab slew lock OUTRIGGERS 4 Scissor style telescopic outriggers with one-touch auto deploy, level and retract.

RFID ATTACHMENTS JCB Q-Fit carriage, each attachment recognized by LMI system, automatically load capacity limitations.

LIVELINK TELEMATICS 5 year subscription allows for enhanced machine security, improved service monitoring and modernized fleet.

WARRANTY 2 years or 2000 hour full coverage warranty (see the machine warranty certificate for details).

Item 1L - Page 6
SOCAL

Standard Equipment
Item 1L - Page 7
SOCAL

Features and Benefits
Standard Equipment and Features & Benefits related to this product are subject to change without notice Versatility Our machines combine the reach and lifting capability of a crane, the maneuverability of a telehandler and the access of a mobile work platform, for 3-in-1 versatility.

Simplicity Our new rotating telehandlers have the same simple, well designed controls as our standard telehandlers, delivering a similar operator experience across machines.

Productivity Whatever the application, our rotating telehandlers have been extensively tested and proven in real world conditions to give you maximum performance.

Item 1L - Page 8
SOCAL

Prepared For: Dealer Information Prepared By:

Aaron Bergeson
City of Palm Springs
425 N. Civic Dr.

Palm Springs CA 92262

phone:760-567-9520
[email protected]

JCB SOUTHERN CALIFORNIA LLC (HL)
14675 VALLEY BOULEVARD

CALIFORNIA
Kevin Haight
[email protected]
mobile:

Quote Date: 02/14/24
Valid Until: 03/07/24
Quotation Reference: 403674
Model: 512P83R Qty: 1
Stock Order/Serial No:2793077
MICHELIN 445/65R22.5 X
SERVO 2 LEVER: 1X BOOM END AUXILIARY, INCLUDING CASE DRAIN (555-260R / 512-83R)
CAB: FULLY GLAZED, HEATER ONLY ,FOLDING ARM REST. (555-260R / 512-83R)
AIR SUSPENSION SEAT FABRIC DELUXE AND HEATED 3" BELT
JCB CLEARVIEW CARRIAGE: MANUAL Q-FIT PIN LOCKING
LANGUAGE PACK: CUSTOM OPTIONS USA LANGUAGE PACK
** KIT 4U: FULL LED WORKLIGHTS ,AIR CONDITIONING, LED AMBER &

GREEN BEACON, ORANGE SEAT BELT

HYDRAULIC TANK DRAIN KIT
**KIT 2: ROOF / SCREEN GUARD, KEYPAD IMMOBLISER, FIRE EXTINGUISER

GROUPED GREASING KIT CHASSIS FRONT/REAR & BOOM
CAMERA KIT: 1X REAR CAMERA, 1X SIDE CAMERA
FLOATING FORKS & CLEARVIEW FRAME: FORKS 1200X60X100, RFID

COMPATIBLE
512P83R:108KW T4F, 40KPH HYDROSTATIC, MAN PLATFORM & RADIO

REMOTE READY
401/P9506 Workplatform 2,205lb (1000kg) Capacity
402/F1431 and 401/P6821 RADIO REMOTE CONTROL USA: BOOM HYDRAULICS & MAN PLATFORM CONTROL
Equipment Total 341,847.64
Tax rate 9.25% 31,620.91
Total Customer Sale Price 373,468.55
Notes: Sourcewell Contract #040319-JCB with 15% OFF

$376419 List Price for Machine
2650 Freight
2500 Delivery
$381569 Total List Price for Machine
22679 List price for Man Basket
9170 List Price for Remote
$413418 Total List Price
$341847.64 Your Discount Price
71570.36 Discount of just over 17.3%
All prices subject to availability, based on current programs and all applicable taxes. This price quote supersedes all preceding price quotes. Prices are subject to change without prior notice or obligation.

Item 1L - Page 9
SOCAL

Prepared For: Dealer Information Prepared By:

Aaron Bergeson
City of Palm Springs
425 N. Civic Dr.

Palm Springs CA 92262

phone:760-567-9520
[email protected]

JCB SOUTHERN CALIFORNIA LLC (HL)
14675 VALLEY BOULEVARD

CALIFORNIA
Kevin Haight
[email protected]
mobile:

Quote Date: 02/14/24
Valid Until: 03/07/24
Quotation Reference: 403674
Model: 512P83R Qty: 1
Customer Acceptance: Date
Dealer Date
Item 1L - Page 10
SOCAL

Prepared For: Dealer Information Prepared By:

Aaron Bergeson
City of Palm Springs
425 N. Civic Dr.

Palm Springs CA 92262

phone:760-567-9520
[email protected]

JCB SOUTHERN CALIFORNIA LLC (HL)
14675 VALLEY BOULEVARD

CALIFORNIA
Kevin Haight
[email protected]
mobile:

Quote Date: 02/14/24
Valid Until: 03/07/24
Quotation Reference: 403674
Model: 512P83R Qty: 1
Subject To All Applicable Taxes
Item 1L - Page 11
SOCAL

ATTACHMENT B
Item 1L - Page 12
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Item 1L - Page 13
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Item 1L - Page 14

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P016 WITH LAZ

PARKING CALIFORNIA, LLC FOR PARKING ENFORCEMENT

SERVICES
FROM: Scott C. Stiles, City Manager
BY: Special Programs Compliance Department
SUMMARY:

Award a contract services agreement with LAZ Parking California, LLC for parking enforcement services.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24P016 (Attachment A) with LAZ Parking California, LLC to provide parking enforcement services for a five-year term in an amount not to exceed $1,633,767 beginning March 1, 2024, through February 28, 2029, with two one-year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on December 28, 2023, LAZ Parking California, LLC is registered in the states of Connecticut and California.

BACKGROUND:

Palm Springs is a popular resort destination during the winter and spring months, filling local hotels and businesses with visitors from all over the world. The City has a core downtown and uptown shopping and entertainment district which requires the enforcement of the on-street and parking lot parking program by a qualified parking enforcement company. The City does not utilize City Police Patrol officers to enforce the parking program.

Item 1M - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Award Parking Enforcement Services Contract
The Contractor and all of its personnel have demonstrated an exceptional familiarity with parking enforcement statutes, laws, ordinances, policies, parking program technologies, as well as citation, towing and hearing procedures. As tourism is the driving force of the Palm Springs economy, the Contractor, and all of its personnel, must have a documented and superior understanding of public relations, customer service practices and conflict mitigation techniques. The City requires enforcement services be provided in a courteous, professional manner that facilitates positive relationships with the City's residential and business communities and with the many visitors that come to enjoy the City of Palm Springs.

STAFF ANALYSIS:

The Special Program Compliance Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Three proposals were received by the deadline of December 28, 2023 as follows:
• ACE Parking III, LLC – San Diego, CA
• Conure Technology Services, LLC – Suwanee, GA
• LAZ Parking California, LLC – Palm Springs, CA
The evaluation team made up of City staff from the Special Programs Compliance, Police, and Sustainability Departments evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, and price.

ACE Parking III, LLC and LAZ Parking California, LLC were interviewed and scored by the evaluation team. All scores were then combined to determine the highest-ranking firm.

LAZ Parking California, LLC was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT:

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

Item 1M - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Award Parking Enforcement Services Contract
ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1B, Quality of Life – Crime Reduction.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2024-25.

REVIEWED BY:

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

A. Agreement No. 24P016
B. Public Integrity Disclosure
Item 1M - Page 3

ATTACHMENT A
Item 1M - Page 4

Page 1 of 24 ends

CONTRACT SERVICES AGREEMENT 24P016

PARKING ENFORCEMENT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 1, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and LAZ Parking California, LLC, a Connecticut limited liability company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide the City with parking enforcement services, (“Project”).

B. Contractor has submitted to City a proposal to provide parking enforcement services, under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

Item 1M - Page 5

Page 2 of 24 ends

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $1,633,767.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and Item 1M - Page 6

Page 3 of 24 ends

orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on March 1, 2024, and ending on February 28, 2029, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer.

Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Chris Handlos, CPP. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

Page 4 of 24 ends

any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

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

Name: Title:

Alan Arechiga Proposed Director
Nick Alex Director of Operations
Chris Handlos General Manager, Orange County
Katie Minette Human Resources Business Partner, Southwest Jared Svendsen Regional Vice President, Southwest
Peter Cho, CAPP Senior Operation Manager, Government Sales Muhammad Mansoor, CAPP Vice President, Municipal Services Rob Maroney, CAPP Vice President, Government Services

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Page 5 of 24 ends

Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS
Item 1M - Page 9

Page 6 of 24 ends

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement.

Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

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

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

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

Item 1M - Page 10

Page 7 of 24 ends

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

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

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

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

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section Item 1M - Page 11

Page 8 of 24 ends

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

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: LAZ Parking California, LLC
Attention: Chris Handlos
415 S. Belardo Road
Palm Springs, CA 92262

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

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

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

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

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

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

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

Item 1M - Page 12

Page 9 of 24 ends

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
Item 1M - Page 13

Page 10 of 24 ends

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE

CITY OF PALM SPRINGS AND LAZ PARKING CALIFORNIA, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: __________________ Item No. __________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

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

Item 1M - Page 14

Page 11 of 24 ends

EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1M - Page 15

Page 12 of 24 ends

1.1 Background:

A. The City of Palm Springs, CA is located in the Coachella Valley in the Southern California desert approximately 120 miles east of Los Angeles. With a year round population of approximately 45,000 residents, the City is a popular resort destination during the winter and spring months, filling our local hotels and businesses with visitors from all over the world. The City has a core downtown and uptown shopping and entertainment district which requires the enforcement of the on-street and parking lot parking program by a qualified parking enforcement company. The City does not utilize City Police Patrol officers to enforce the parking program.

B. The Contractor and all of its personnel will have demonstrated an exceptional familiarity with parking enforcement statutes, laws, ordinances, policies, parking program technologies, as well as citation, towing and hearing procedures. As tourism is the driving force of the Palm Springs economy, the Contractor, and all of its personnel, must have a documented and superior understanding of public relations, customer service practices and conflict mitigation techniques. The City requires enforcement services be provided in a courteous, professional manner that facilitates positive relationships with the City's residential and business communities and with the many visitors that come to enjoy the City of Palm Springs.

1.2 Scope:

A. The scope of the work consists of, but is not limited to, providing the parking enforcement services of the City’s downtown and uptown on-street parking and parking lots.

B. Contractor shall provide three (3) qualified, trained personnel who will collectively work approximately 100 hours per week.
a. one (1) full-time Onsite Supervisor/Parking Control Officer (PCO) who will work 9 a.m. until 6 p.m. (40 hours);
b. two (2) part-time PCO to work assigned shifts as necessary to provide parking enforcement services of the various City parking facilities.

C. These hours and schedule may increase or decrease based on the City's needs.

Each eight (8) hour shift will be given a meal break of one (1) hour.

D. Example of schedule to meet desired coverage:

Personnel Sun Mon Tues Wed Thurs Fri Sat Total
Supervisor 9:5 9:5 9:5 9:5 9:5 40
PEO1 1:10 1:10 1:10 1:10 32
PEO2 1:10 1:10 1:10 27
99 E. Contractor shall enforce all parking related ordinances, statutes, and codes as required and where required by the City Manager or the City Manager's designee.

Typical violations enforced include but are not limited to:
a. All legally designated handicapped parking areas, on and off street b. All "time-restricted" on-street parking
Item 1M - Page 16

Page 13 of 24 ends

c. All "time-restricted" electric vehicle charging station spaces. d. All "No Parking Anytime" areas
e. Vehicles parked on sidewalks.
f. Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or crosswalks.
g. Vehicles parked facing the wrong way.
h. Green, yellow, white, and red zone restricted parking i. Improper parking
F. Contractor will also be responsible for the following:
a. Enforcement during City sponsored and community events. b. Respond to resident's complaints and report any unlawful act or any condition or deficiency which may pose a hazard or danger to the public. c. Report parking issues, vandalism, graffiti, sign, and curb marking deficiencies or conflicts.
d. Participate in any hearing process or subsequent process involving a contested or challenged parking citation or incidents involving assigned officers.
e. Monthly summary of activities showing total work hours, time sheets, patrol, and non-patrol (time spent at hearings, training etc.)
G. Enforcement Times:
a. Contractor will perform enforcement duties Monday through Sunday 9:00 a.m. to 10:00 p.m., for the following:
i. The established street routes.
ii. All Palm Springs "Free Parking" surface parking lots. iii. all "Free Parking" within the "north" and "south" interconnected parking structures (underground, surface, and above ground) within the Downtown Palm Springs Specific Plan (generally located between Museum Drive on the north and Tahquitz Canyon Way on the south, and between Museum Drive on the west and Palm Canyon Drive on the east).
iv. All 2-hour time-restricted electrical vehicle charging stations. b. The total parking enforcement shall consist of approximately 100 hours per week between one full-time and two part-time officers. Some holidays are excluded. Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any time with written notice to Contractor.

H. Patrol Routes:
a. Contractor’s PCOs shall patrol areas in accordance with the patrol plan developed and approved by the City's Contract Administrator. This patrol plan includes, but is not limited to, the following:

Item 1M - Page 17

Page 14 of 24 ends

i. The established street routes.
ii. All Palm Springs "Free Parking" surface parking lots. iii. All "Free Parking" within the "north" and "south" interconnected parking structures (underground, surface, and above ·ground) within the Downtown Palm Springs Specific Plan (generally located between Museum Drive on the north and Tahquitz Canyon Way on the south, and between Museum Drive on the west and Palm Canyon Drive on the east).
iv. All 2-hour time-restricted electrical vehicle charging stations. v. On occasion the city is requested to have a PCO patrol privately owned shopping center parking lot for recurring violations on an asneeded basis. These requests will require modification to the daily patrol plan and will be determined by the Contract Administrator. b. Patrol times will be logged in a Daily Activity Report (DAR) and turned in at the end of each workday to the Contract Administrator (sample included herein, see below). The City reserves the right to require modification of the patrol plan from time to time as appropriate.

I. Onsite Supervisor:
a. Contractor shall provide an Onsite Supervisor for day-to-day operations and who will also act as a PCO. Supervisor will provide reports as needed, respond to complaints, training needs, will track working hours, and supervise the contract personnel. Any disciplinary action will be the responsibility of Onsite Supervisor and Contractor. The Onsite Supervisor shall meet with the Contract Administrator or designee weekly to discuss any complaints or violations of the Performance Standards that may be reported by the public or observed by the City.
b. Contractor’s assigned Onsite Supervisor shall investigate and report any complaints regarding their employees received from the public or the City within 24 hours of the report. The City shall reserve the right to contact the reporting party and Contractor employee as needed to resolve the complaint to the City's satisfaction, with the understanding that unprofessional or discourteous treatment of the public will not be tolerated.

J. City’s Rights:
a. The City reserves the right to establish, modify, add, or delete enforcement areas, routes, and hours of enforcement. City further reserves the right to approve or deny Contractor's personnel. The City retains the right to review and direct modification of any Contract employee training program. The City's rights under this provision may be exercised by the City Manager or the City Manager's designee.

K. Parking enforcement equipment, services and supplies to be provided by contractor:
a. All personnel shall wear uniforms while on duty.
b. Contractor shall be responsible for providing personnel with proper, complete, and acceptable uniforms.

Item 1M - Page 18

Page 15 of 24 ends

c. Uniform shall include a name badge or tag. Uniforms and identifying badges shall be distinct enough from those used by Peace Officers or other sworn personnel so that the public will not mistake parking enforcement personnel for Peace Officers.
d. Contractor shall not issue any uniform or identifying badge without the prior written approval by the City.
e. Contract employees will not be allowed to work unless attired in complete approved uniform.
f. Contractor shall provide uniforms for each contract employee at no expense to the employee, except in cases of negligence or abuse of the uniform by the contract employee.
g. Uniforms should include shirts, pants, shorts, jacket, raincoat, and baseballstyle hat.

L. Equipment and Supplies:
a. Contractor must provide all necessary equipment and supplies for the purpose of parking enforcement services, including safety equipment. b. Vehicles:
i. Contractor shall provide a minimum of two (2) of Hybrid Vehicles with air conditioning that will be white in color, with markings identifying them as "City of Palm Springs, Parking Enforcement" with flashing light bar and reflective stickers indicating a "slow moving" vehicle.

Vehicle logo design must be approved by the city. Vehicles must have a locked or secured storage compartment area for supplies. Vehicles are to be used elusively for parking enforcement services only as required by this contract and are not to be used for any other purpose, including the personal business by any employee, supervisor, or principal, or for any other business activity of the Contractor. Vehicles must be maintained by the Contractor, and kept in good, safe operating condition and in a professional appearance by the Contractor.
ii. All parking enforcement vehicles shall be equipped with a mobile License Plate Recognition (LPR) system, using state of the art technology capable of cloud connectivity and processing performance. The LPR system shall utilize multiple cameras affixed to the vehicle to enable the PCO to capture vehicle license plates while in motion, a controller to processing and storage of PCR images, and a cloud portal for vehicle monitoring and reporting, including a mobile enforcement application for use by the PCO with a tablet mounted in the vehicle providing Realtime maps and alerts, with audio alerts for noted parking violations. The City reserves the right to review and approve the LPR system to be utilized by Contractor.
iii. Contractor shall bear all expenses associated with vehicle repair, maintenance, and insurance. Vehicles that are damaged or disabled while in service for the City of Palm Springs shall be replaced with an operable vehicle within four (4) hours. Replacement or repair of damages will be the responsibility of the Contractor.

Item 1M - Page 19

Page 16 of 24 ends

iv. Contractor shall be responsible for parking and securing all patrol vehicles at the City Yard Facility, located at 425 South Civic Drive in Palm Springs, when not in use. The Contractor shall be financially responsible for damaged, lost, or stolen equipment provided by the City (including radio equipment, emergency equipment, etc.). The Contractor shall prepare and maintain a complete, detailed, accurate, and current inventory of all equipment and supplies provided by the City for use by the Contractor.

M. Performance standards for parking enforcement services:
a. Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:
i. Operations Methodology:

1. The city strongly believes in customer service and expects Contractor and Contractor's personnel to treat the public in a polite, helpful, and professional manner always. Enforcement action is to be carried out in a uniform and fair manner.

Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.
ii. Patrol City Streets:

1. Contractor shall effectively patrol City streets and take appropriate action (i.e., cite vehicles in violation of parking regulations, report potential abandoned vehicles or vehicles creating unsafe conditions, record date and time of the patrol, etc.)
iii. Voided Parking Citations:

1. Any citation deemed inappropriate during or immediately following issuance can be voided by the Parking Control Officer (PCO) who issued the parking citation, provided the PCO issues a corrected citation. If the PCO determines that the parking citation should be voided due to an error on the PCO's part and a corrected citation will not be issued, the PCO shall document and record this action. Voided parking citations will be recorded and monitored via the citation database.

Citation Processing Services are NOT part of the scope of work for this contract, as the City shall contract for those services separately.
iv. Acceptable Time Gaps between Parking Citations:

1. All PCOs are expected to patrol and issue appropriate citations as necessary during their shifts. A PCO must account for all time and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty minutes before end of shift.
v. Electrical Vehicles Stations:

Item 1M - Page 20

Page 17 of 24 ends

1. Contractor shall patrol existing 2-hour electric vehicle stations as noted to the attached table. Brands, type, ports and locations may be subject to change.
vi. Shopping Center Parking Lots:

1. Privately owned shopping center parking lots that may be patrolled on an as-needed basis by request only.
a. Walmart Shopping Center (Ramon Road at Crossley)
b. Gene Autry Plaza (Ramon Road at Gene Autry, south
side)
c. The Springs Shopping Center (Ramon Road at Gene
Autry, north side)
d. Regal Theaters (Alvarado at Tahquitz Canyon Way)
e. Plaza Del Sol (S. Palm Canyon at Morongo Road)
f. Smoke Tree Commons (E. Palm Canyon at Sarona)
g. Smoke Tree Plaza (Palm Canyon at Sunrise Way)
h. 99¢ Store (Sunrise Way at Tahquitz Canyon Way)
i. Desert Regional Medical Center {Indian Canyon Dr. at Paseo El Mirador)

1.3 Schedule:

Work will commence on issuance of notice to proceed, and all work shall be completed by the contract expiration date, unless otherwise specified by mutual agreement in writing.

1.4 Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the Item 1M - Page 21
- ~ .tbrld . . .. '. ,: 1NIWI - . zrn ]
---
... IS\T_al en, State
CllpperCreck cs-40, J17n Wall Mount 2 Downtown Public Parkin£ Structure 132 W. Bat15to Rd PalmSprlnRS CA 92262 Cllpperc,eek CS--10, J 1772 Post 3 F!Eet Maintenance Yard 425 Civic Dr. Palm Spring} CA 92262 CllpperCreek CS-<IO,J1772 Post 1 CVEP, Rabobank Building 3112 E. Tahquiu Canyon Way Palm Springs CA 92262 Cllppe,C,.eek CS-40, J1772 Wall Mount 1 CVEP, Rabobank BulldinK 3UlE. Tahquitz Canvon Wav Palm SptinRS CA 92262 CJlpl)<!rCreek cs..:o, J 1772 Post 1 Palm Springs library 300 S. Sunrise Way Palm Springs CA 92262 CllcoerCreak CS..!O, H?7i Post 2 City Hall 1200 £. Tahquitz Canyon Way P.alm Spon£S CA 9n1;2 ClipperC'reek cs.~o. J1772 Post 1 Ac eel er a tor Park 2901 E. Alejo Rd Palm Sprin2s CA 92264 ClrpperCreek C'S-40, Jl 772 Past 7 Palm Springs lnternatlonal Airpc,rt 3400 E T•hquitz Canyon Way Palm Springs CA 92262 CllpperCreek C.S-40, JI 772 Post 2 Downtown Public Parking Structure 133 w. Barlsto Rd Palm Springs CA 92262 CllpperCre,,k CS.-:0, J177 2 Post 2 Palm Springs Visitors Center 2901 N. Palm Canyon Driv• P>llm Springs CA 92262 CllcoerCreek CS-40, J1772 Post 2 Camelot Theatr'1'Farmers Market 2 300 E. Baris to Rd P.almSprines CA 92262 CflpperCreek CS-40, Jl772 Post 4 Palm Springs Convention Center 277 Avenlda Caballeros P.alm Springs CA 92262 ClippcrCreek CS-40, Jl772 Post 2 Desert AIDS Project 169S N. Sunrise Way P., Im Sprinu CA 92262 Behind structure in
Cllppercreek CS-40, ll772 Post 1 Village Green the public parking lot P.almSprin2S CA 92262 James O Jesse
Cllp~rCreek cs-.co, 11772 post 2 Oe.sert Highlands Community Center 480 Tnimview noad 1>.3lmSprlngs CA 92262 Clicoercreek C$.-40, J1773 post 1 City Facilities Maln:e11ance 425 Civic Drive Total 01argers 34

Page 18 of 24 ends

amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1M - Page 22

Page 19 of 24 ends

Item 1M - Page 23
ITEM
1 2
3 4
5 ATTA CHMENT "G"

COST PROPOSAL
REQUESTS FOR PROPOSALS (RFP 52-23)

PARKING ENFORCEMENT SERVICES

THIS FORM MUST BE COMPLETED AND SUBM ITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical/Work Proposal") DESCRIPTION Unit of Estimated Rate SUBTOTAL
Measure Quantity
Total fees and Lump Sum 1 $307,103 $307,103
expenses for services
per scope - Year 1
Total fees and Lump Sum 1 $313,851 $313,851
expenses for services
per scope - Year 2
Total fees and Lump Sum 1 $325,316 $325,316
expenses for services
per scope - Year 3
Total fees and Lump Sum 1 $337,378 $337,378
expenses for services
per scope - Year 4
Total fees and Lump Sum 1 $350,069 $350,069
expenses for services
per scope - Year 5
TOTAL $1,633,767
Firm Name LAZ Parking
~ . ~ -.,
Signature of Authorized Person: ______________ _
Printed Name Muhammad Mansoor
Title Vice President, Municipal Operations
Date December 28, 2023

Page 20 of 24 ends

EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1M - Page 24

Page 21 of 24 ends

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s Item 1M - Page 25

Page 22 of 24 ends

services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

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

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

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

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

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

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or Item 1M - Page 26

Page 23 of 24 ends

self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

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

Item 1M - Page 27

Page 24 of 24 ends

EXHIBIT “C”
Item 1M - Page 28
ATTACHMENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 52-23)

PARKING ENFORCEMENT SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authonty to (a) terminate any contracts with any individuals or entibes that are determined to be a target of economic sanctions against Russia and Russlan eolities and individuals; and (ll) 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 Cily 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 fun<ls, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
,;&;,.t_7 Signature: ______________ _
Printed Name: Robert Maroney, CAPP
Title: Vice President, Government and University Services ----------------
F
. N LAZ Parking California, LLC ,rm ame: _____________ _ Date: December 28, 2023

ATTACHMENT B
Item 1M - Page 29
Parking Enforcement Services
City of Palm Springs, CA | December 28, 2023 | RFP 52-23 | Section E: Forms 33 H Item 1M - Page 30
z GOVERNMENTS[il,{IC[;;,

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
LAZ Parking California, LLC

2. Address of Entity (Principal Place of Business)
One Financial Plaza, 14th Floor, Hartford, CT 06103

3. Local or California Address (if different than #2)
949 South Coast Drive, Suite 515, Costa Mesa, CA 92626

4. State where Entity is Registered with Secretary of State Connecticut
If other than California, is the Entity also registered in California?~ Yes D No

5. Type of Entity
D Corporation ~ Lim ited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Alan Lazowski
Jeff Karp
Michael Kuziak
:ii ACCREDITED
~PARKING :.l ORGANIZATION®
[name]
[name]
[name]
D Officer D Director D Member D Manager
D General Partner D Limited Partner
~Other Owner, CEO
D Officer D Director D Member D Manager
D General Partner D Limited Partner
~ Other Owner, President
D Officer D Director D Member D Manager
D General Partner D Limited Partner
~ Other Owner, COO
Parking Enforcement Services
City of Palm Springs, CA | December 28, 2023 | RFP 52-23 | Section E: Forms 34 H Item 1M - Page 31
z GOVERNMENTS[il,{IC[;;,

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.

Alan Lazewski 50%
(name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Jeff Karp 25%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Michael Kuziak 25%
(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
~.
:ii ACCREDITED
~PARKING :.l ORGANIZATION®
- I - "
Date
December 28,2023

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24B022 WITH TERRACON CONSULTANTS, INC. FOR ON-CALL ENVIRONMENTAL

AND ABATEMENT TESTING SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Contract Services Agreement No. 24B022 with Terracon Consultants, Inc., in an amount not to exceed $310,000 for on-call environmental and abatement testing services.

RECOMMENDATION:

1. Approve Contract Services Agreement 24B022 (Attachment A) with Terracon Consultants, Inc. to provide on-call environmental and abatement testing services in an amount not to exceed $310,000 for the initial three-year term beginning March 1, 2024, through February 28, 2027, with two one-year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on January 18, 2024, Terracon Consultants, Inc. is registered in the states of Delaware and California.

BACKGROUND:

The City requires on-call environmental and abatement testing services of various city owned or leased facilities. Work includes asbestos and lead based paint consulting, mold assessment, indoor air quality surveys, bacterial and sewage assessment, smoke and soot assessment, and other environmental site assessments.

Item 1N - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Award On-Call Environmental and Abatement Testing Services Contract The City previously entered into contract service agreements with Infotox, Inc., and L.Y.

Environmental, Inc., for on-call environmental and abatement testing services which expire February 28 and April 30, 2024. These contracts provided for an annual expenditure of $35,000 but fell short of funding this December 2023, requiring the department to initiate an Invitation for Bids through the Procurement and Contracting Department.

STAFF ANALYSIS:

The contract with Terracon Consultants, Inc. is an on-call, as-needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and therefore may not match the bid amounts.

An Invitation for Bids (IFB 23-48) was initiated by the City’s Procurement and Contracting Department on December 20, 2023, based on the Department of Public Works specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Six bids were received by the January 18, 2024, deadline as follows:

Vendor Bid
Terracon Consultants, Inc. – Colton, CA $307,861.50
L.Y. Environmental, Inc. – Redlands, CA $349,240.00
EFI Global, Inc. – Inglewood, CA $391,672.00
Terra Environmental Services, Inc. – Santa Fe Springs, CA $486,730.00 A-Tech Consulting, Inc. – Orange, CA $533,405.00
Omega Environmental Services, Inc. – Newport Beach, CA $753,359.00 The unit pricing is fixed for the first year and subject to CPI increase in the following years.

Staff recommends approval of Contract Services Agreement No. 24B022 with Terracon Consultants, Inc. for the initial three-year term in the amount not to exceed $310,000 effective March 1, 2024, through February 28, 2027, subject to two one-year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT:

Item 1N - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Award On-Call Environmental and Abatement Testing Services Contract ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2023-24, Facilities Maintenance contractual services account 5206570-40105.

REVIEWED BY:

Assistant Director of Maintenance and Facilities: Daniel Martinez Director of Public Works: David McAbee
Director of Procurement and Contracting: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Contract Service Agreement No. 24B022
B. Public Integrity Disclosure Form
Item 1N - Page 3

ATTACHMENT A

Item 1N - Page 4

Page 1 of 21 ends

CONTRACT SERVICES AGREEMENT 24B022

ON-CALL ENVIRONMENTAL AND ABATEMENT TESTING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 1, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Terracon Consultants, Inc., a Delaware corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide on-call environmental and abatement testing services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call environmental and abatement testing services, under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

AGREEMENT

1. CONTRACTOR SERVICES

2. TIME FOR COMPLETION
Item 1N - Page 5

Page 2 of 21 ends

The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

Page 3 of 21 ends

such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on March 1, 2024, and ending on February 28, 2027, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Sami Noaman, Manager of Regional Environmental Services. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its Item 1N - Page 7

Page 4 of 21 ends

subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

Name: Title:
(to be determined)

5.6 California Labor Code Requirements.

It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

6. INSURANCE
Item 1N - Page 8

Page 5 of 21 ends

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

7. INDEMNIFICATION.

8. RECORDS AND REPORTS

Item 1N - Page 9

Page 6 of 21 ends

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

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

Page 7 of 21 ends

attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

11. MISCELLANEOUS PROVISIONS

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Terracon Consultants, Inc.

Attention: Sami Noaman
1355 E. Cooley Drive
Colton, CA 92324

Item 1N - Page 11

Page 8 of 21 ends

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

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

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

Page 9 of 21 ends

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND TERRACON CONSULTANTS, INC.

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

CONTRACTOR:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1N - Page 13

Page 10 of 21 ends

EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1N - Page 14

Page 11 of 21 ends

1.1 Background:

1.2 Scope:

A. Contractor shall furnish labor, materials, and equipment to perform environmental testing services (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to asbestos survey and report, asbestos phase contract microscopy (PCM) clearance, asbestos transmission electron microscopy (TEM) clearance, asbestos monitoring, lead-based paint inspection and survey, initial mod evaluation, mold clearance, initial bacterial evaluation, and bacterial clearance.

B. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses include weekends, after-hours, and holidays.

C. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing. If the Contractor fails to commence correction of nonconforming work within a seven-day period after written notice, the city may correct the deficiencies by other means. In such a case, the City may exercise rights and remedies as provided in section 9.4 of the agreement. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

D. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

E. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property.

F. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and requires the Contractor to take appropriate action to ensure safety and code compliance.

Item 1N - Page 15

Page 12 of 21 ends

G. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

H. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open).

The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

I. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times.

Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor. Contractor vehicles must display company logo and name. Contractor must abide by City’s requirements for visiting City buildings.

J. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant by City will be removed immediately and replaced within twenty-four (24) hours.

Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of City’s present and future rules and regulations regarding conduct on the premises.

1.3 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.4 Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

1.5 Invoicing:

Page 13 of 21 ends

allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

Item 1N - Page 17

Page 14 of 21 ends

Item 1N - Page 18

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 23-48)

ON-CALL ENVIRONMENTAL AND ABATEMENT TESTING SERVICES
Responding to this IFB for on-call environmental and abatement testing services, the undersigned bidder proposes and agrees to provide the services and wor1< in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Wor1< in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unrt costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY Asbestos Survey Call-out and
1 Report (72 Hour Turnaround) Each 30 $575.00 517,250.00 •Based on 1,000 sq ft building structure or less
Asbestos Survey Gall-out and
2 Report (48 Hour Turnaround) Each 3 $675.00 $2,025.00 •Based on 1,000 sq ft building structure or less
Asbestos Survey and Report (24
3 Hour Turnaround) •Based on Each 3 $900.00 $2,700.00 1,000 sq fl building structure or less
Asbestos Survey and report (72
4 Hour Turnaround) •up to 5,000 sq Each 30 $1,498.00 544,940.00 fl building structure or less [including up to 15 samples)

4.1 Each additional sample Each 3 520.00 560.00
Asbestos Survey and report [48
5 Hour Turnaround) •up to 5,000 sq Each 3 $1,523.00 $4,569.00 fl building structure or less [including up to 15 samples)

5.1 Each additional sample Each 3 523.00 569.00
Asbestos Survey and report (24
6 Hour Turnaround) •up to 5,000 sq Each 3 $1,858.00 $5,574.00 fl building structure or less rincludina uo to 15 samolesl

6.1 Each additional sample Each 3 525.00 575.00
Asbestos Survey and Report (72
7 Hour Turnaround) •up to 10,000 Each 10 $2,350.00 523,500.00 sq ft building structure or less [including up to 15 samples)

Page 15 of 21 ends

Item 1N - Page 19

7.1 Each additional sample Each 3 $20.00 $60.00
Asbestos Survey and Report (48
8 Hour Turnaround) •up to 10,000 Each 3 $2,850 $8,550.00 sq ft building structure of less
rincludina uo to 15 samolesl

8.1 Each additional sample Each 3 $23.00 $69.00
Asbestos Survey and Report (24
9 Hour Turnaround) •up to 10,000 Lump 3 $3,475.00 $10,425.00 sq ft building structure of less Sum
(including up to 15 sample)

9.1 Each additional sample Each 3 $25.00 $75.00
10 Asbestos PCM Clearance - 72 Each 45 $575.00 $25,875.00 hour turnaround 11 Asbestos PCM Clearance - 48 Each 10 $675.00 $6,750.00 hour turnaround 12 Asbestos PCM Clearance - 24 Each 6 $950.00 $5,700.00 hour turnaround /onsite readinal Asbestos TEM Clearance - 72
13 hour turnaround (including 5 Each 45 $975.00 $43,875.00 samples)
Asbestos TEM Clearance - 48
14 hour turnaround (including 5 Each 10 $1,100.00 $11,000.00 samolesl
Asbestos TEM Clearance - 24
15 hour turnaround (including 5 Each 6 $1,798.00 $10,788.00 samples)
1,000 Points per sample analysis
16 fees conducted by accredrted Each 60 $93.00 $5,580.00 NVLAP laboratory (24 hour turnaround)
Asbestos abatement monrtoring
17 including daily log wrrte-ups and Each 3 $1,290.00 $3,870.00 perimeter air monitoring (per 8
hour shift ratel
Lead-Based Paint
18 Inspection/Survey - 48 hour Each 30 $950.00 $28,500.00 turnaround •up to 5,000 sq fl building structure or less
Lead-Based Paint
19 Inspection/Survey - 48 hour Each 30 $1,295.00 $38,850.00 turnaround •up to 10,000 sq ft buildina structure or less
20 lnrtial Mold Evaluation 72 hour Each 30 $24.65 $739.50 turnaround /Cost oer samolel 21 Mold Clearance 24 hour Each 3 $27.00 $81.00 turnaround (Cost per sample) 22 lnrtial Bacterial evaluation 72 hour Each 30 $200.00 $6,000.00 turnaround (Cost oer samolel

Page 16 of 21 ends

Item 1N - Page 20
23 Bacterial Clearance 24 hour Each 3 $104.00 $312.00 turnaround (Cost per sample) TOTAL (Enter this amount in PlanetBids) $307,861.50
' NOTE: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract will be set at the City budget amount.

Firm Name: Terracon Consuttants Inc.

DIR Number: 1000001064
Signature of Authorized Person: _-rft... ___ R_ ._"" ____________ _ Printed Name: ~S~am~~i N~~oa=m=an~-----------------
H ie: Manager of Regional Environmental Services
Date: 01/16/2024

Page 17 of 21 ends

EXHIBIT “B”

Page 18 of 21 ends

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Invitation for Waiver of Workers’ Compensation Insurance Requirement form.

Item 1N - Page 22

Page 19 of 21 ends

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

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item 1N - Page 23

Page 20 of 21 ends

Item 1N - Page 24

Page 21 of 21 ends

EXHIBIT “C”
Item 1N - Page 25
ATTACHMENT " F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 23-48)

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

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

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N--6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
. ,t;J,, £_,a_
s ,gnature:_~--------------
Printed Name: ~S~am~~i N~~oa=m=an~ --------
Title: Manager of Regional Environmental Services
Firm Name: Terracoo Consultants Inc.

Date: 1/16/2024

ATTACHMENT B
Item 1N - Page 26
Item 1N - Page 27

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Terracon Consultants, Inc.

Address of Entity (Principal Place of Business)
10841 South Ridgeview Rd., Olathe, KS 66061
Local or California Address (if different than #2)
1355 E. Cooley Drive, Colton, CA 92324
State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entity also reg:istered in California? X Yes O No Type of Entity
X Corporation D Limrted Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Direcrors, Members, Managers, Trusrees, Orher Fiduciaries (please specify) Nore: If any response is nor a nawra/ person, please idemify all officers, direcrors, members, managers and 01/Jer fiduciaries tor rhe member, manager, rrusr, or orher emiry
_ M. Gayle Packer, PresidenVCEO __ X Officer O Director D Member D Manager [name] D General Partner D Limited Partner
[:pther
_Donald J. Vrana, Treasurer X Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
_ Fred Buhamdan, Vice President_ X Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Item 1N - Page 28

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

EXAMPLE
JANE DOE 50%, A BC COMPANY, Inc.
[name of owner{lnvestor] [percentage of beneficial interest in entity and name of entity]
A.

None NIA
[name of owner{lnvestor] [percentage of beneficial interest in entity and name of entit y]
B.

NIA NIA
[name of owner/investor] [percentage of beneficial interest in entity and name of entit y]
C.

NIA NIA
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.

NIA NIA
[name of owner{lnvestor) [percentage of beneficial interest in entity and name of entity]
E.

NIA NIA
[name of owner{lnvestor] [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, Trtle
Sarni Nooman, Manager of Regional
Environmental Services
Date
1/16/2024

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24B021 WITH SUPERIOR PAVEMENT MARKINGS, INC. FOR ON-CALL CITYWIDE

ROADWAY STRIPING AND STENCILING SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Agreement No. 24B021 with Superior Pavement Markings, Inc., in an amount not to exceed $900,000 for on-call citywide roadway striping and stenciling services.

RECOMMENDATION:

1. Approve Contract Services Agreement 24B021 (Attachment A) with Superior Pavement Markings, Inc. to provide on-call citywide roadway striping and stenciling services in an amount not to exceed $900,000 for the initial three-year term beginning March 1, 2024, through February 28, 2027, with two one-year extension options at the City’s sole discretion;

2. Appropriate $256,496.50 from Gas Tax Fund 133 fund balance;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on January 17, 2024, Superior Pavement Markings, Inc. is registered in the State of California.

BACKGROUND:

The City requires On-Call Roadway Striping and Stenciling Maintenance Services for two hundred and eight (208) centerline roadway miles, curb line, and numerous parking lots.

Work includes removal of paint and thermoplastic; painting, striping, stenciling, legends Item 1O - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Award On-Call Citywide Roadway Striping/Stenciling Services Contract and markings; application of thermoplastic, installation of pavement markers, curb painting; and traffic control.

As part of routine street maintenance services, the Street Maintenance division strives to re-stripe street lanes and re-paint legends on City owned streets and parking lots citywide.

During the Fiscal Year 2023-24 and 2024-25 budget process, Public Works requested and was approved an increased budget to retain on-call striping and stenciling services to provide for the implementation of routine refreshing of city owned streets and parking lots.

STAFF ANALYSIS:

The contract with Superior Pavement Markings, Inc. is an on-call, as-needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 23-47) was initiated by the City’s Procurement and Contracting Department on December 20, 2023, based on the Department of Public Works specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the January 17, 2024, deadline as follows:

Vendor Bid
Cat Tracking Inc. – Riverside, CA $16,677.00
Chrisp Company – Bloomington, CA $14,267.00
PCI – Azusa, CA $9,858.00
Superior Pavement Markings, Inc. – Cypress, CA $9,485.00 The unit pricing is fixed for the first year and subject to CPI increase in the following years.

Staff recommends approval of Contract Services Agreement No. 24B021 with Superior Pavement Markings, Inc. for the initial three-year term in the amount not to exceed $900,000 effective March 1, 2024, through February 28, 2027, subject to two one-year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not Item 1O - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Award On-Call Citywide Roadway Striping/Stenciling Services Contract result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2023-24 and 2024-25, Measure A 1343085-80000 and Street Maintenance 1006515-40105. An appropriation of $256,496.50 will be processed from Gas Tax fund balance to Special Gas Tax Improvements account 1333090-80000.

REVIEWED BY:

A. Contract Service Agreement No. 24B022
B. Public Integrity Disclosure Form
Item 1O - Page 3

ATTACHMENT A

Item 1O - Page 4

Page 1 of 25 ends

CONTRACT SERVICES AGREEMENT 24B021

ON-CALL CITYWIDE ROADWAY STRIPING AND STENCILING SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 1, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Superior Pavement Markings, Inc., a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide on-call citywide roadway striping and stenciling services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call citywide roadway striping and stenciling services, under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

AGREEMENT

1. CONTRACTOR SERVICES

2. TIME FOR COMPLETION
Item 1O - Page 5

Page 2 of 25 ends

3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

Page 3 of 25 ends

Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Darren Veltz, Chief Financial Officer. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

Page 4 of 25 ends

subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

Name: Title:
(to be determined)

5.6 California Labor Code Requirements.

6. INSURANCE
Item 1O - Page 8

Page 5 of 25 ends

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

7. INDEMNIFICATION.

8. RECORDS AND REPORTS

Item 1O - Page 9

Page 6 of 25 ends

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

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

Page 7 of 25 ends

attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

11. MISCELLANEOUS PROVISIONS

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Superior Pavement Markings, Inc.

Attention: Darren Veltz
5312 Cypress Street
Cypress, CA 90630

Item 1O - Page 11

Page 8 of 25 ends

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

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

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

Page 9 of 25 ends

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND SUPERIOR PAVEMENT MARKINGS, INC.

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

CONTRACTOR:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

Page 10 of 25 ends

EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1O - Page 14

Page 11 of 25 ends

1.1 Background:

The City requires On-Call Roadway Striping and Stenciling Maintenance Services for two hundred and eight (208) centerline roadway miles, curb line, and numerous parking lots. Work includes removal of paint and thermoplastic; painting striping stenciling, legends and markings; application of thermoplastic, installation of pavement markers, curb painting; and traffic control.

1.2 Scope:

A. Contractor shall furnish labor, materials, equipment, and supervision to perform citywide roadway striping and stenciling services (Work) on an as-requested basis for the City of Palm Springs. The scope of work includes but is not limited to the following:
a. Removal of paint and thermoplastic
b. Roadway striping and stenciling (painting)
c. Thermoplastic installation
d. Marker installation
e. Parking lot re-striping (parking stalls)
f. Curb painting
g. Traffic control
B. Paint and Thermoplastic Removal (Grinding)
a. Remove traffic stripes and pavement markings by methods that do not materially damage the pavement such as by a walk-behind or ride on grinder or approved equivalent method.
b. Remove pavement marking images so that the old message cannot be identified. Wherever removing by grinding, make the grinding area rectangular. The minimum dimensions of the rectangle are the height and width of the pavement marking.
c. Sweep up or vacuum any residue before it can
i. Be blown by traffic or wind.
ii. Migrate across lanes or shoulders.
iii. Enter a drainage facility.
d. Remove pavement markers and the underlying adhesive by methods that cause the least possible damage to the pavement or surfacing. e. During removal of ceramic-type pavement markers, use screens or other protective devices to contain fragments.
f. Fragments from the removal work must be removed before opening the lanes to public traffic.
g. Contractor must follow the State Health and Safety and Cal-OSHA regulations and requirements regarding the removal, handling and disposal of thermoplastic and painted traffic striping and pavement markings.

Contractor is responsible for any additional requirements necessary to comply with the regulations.

Item 1O - Page 15

Page 12 of 25 ends

h. Where grinding or other methods approved by the Director are used to remove yellow thermoplastic and yellow painted traffic stripe and pavement marking, the removed residue, including dust, shall be contained, and collected immediately. Sweeping equipment shall not be used. Collection shall be by a high efficiency particulate air (HEPA) filter equipped vacuum attachment operated concurrently with the removal operations or other equally effective methods.

C. Roadway Striping and Stenciling (Paint)
a. New paint shall be applied with a minimum of fifteen (15) Mil thickness water borne based traffic paint, according to the specifications set forth below.
b. When Contractor re-stripes a designated roadway, it is expected that the stencil/legend work take place within thirty (30) days after or before the long line striping takes place so that all the striping and legend work per roadway section is uniform in color brightness.
c. All traffic legends, striping, stenciling and pavement markers shall be installed in accordance with the State of California Standard Specifications. d. All striping/stenciling must be reflective, with reflective glass beads integrated into the paint prior to application. Paint and Glass Beads shall conform to Section 4-8403 of the State of California Standard Specifications. Glass Beads shall conform to Section 4-8402A of the State of California Standard Specifications and manufactured in accordance with California Test No. 423.

D. Painting
a. Paint shall be applied only on thoroughly dry and clean surfaces during favorable weather conditions. Painting is not permitted when atmospheric temperatures is at or below 40 degrees Fahrenheit or when it is probable that a freshly painted surface will be damaged by condensation or when it is anticipated that the atmospheric temperature will drop below 40 degrees Fahrenheit during the drying period. If freshly applied paint is damaged by the elements, and or tracking occurs, the Contractor at Contractors expense shall repair or replace it as soon as possible. The contractor has up to 10 days to correct the damaged surface; however, if the damage surface imposes immediate hazardous and conflicting conditions to pedestrians and or vehicular traffic, Contractor must notify the City and Contractor shall make the necessary corrections within 24 hours of notification or sooner.

E. Application Rate:
a. Water Borne Painting:
i. First Coat at minimum 15 Mil Thickness = 320 Lineal feet per gallon or 16 gallons paint per mile.
ii. Second Coat needed only on new striping/stencils. Same mil thickness as first coat.
b. Solvent Based Painting:
i. First Coat at 15 Mils = 320 Lineal feet per gallon or 16 gallons paint per mile.

Item 1O - Page 16

Page 13 of 25 ends

ii. Second Coat at 18 Mils = 270 Lineal feet per gallon or 20 gallons paint per mile.
iii. Paint to be Ennis 7,000 or Pervo 9,000 (or equivalent approved in advance by the Director or Designee).
iv. Glass Beads: Rate of Application
v. Broken Stripe 42 pounds per mile
vi. Solid Stripe 100 pounds per mile
F. Inspection:
a. Inspection of paint applied to the pavement shall be with a Wet Film Thickness Gauge. Paint shall be applied to a flat non-absorbent piece of material. Wet Film Thickness Gauge shall be inserted into paint. Withdraw vertically and note deepest tooth having paint on it and the next higher tooth that is not coated with paint. The true wet film thickness lies between these two readings. Contractor shall submit certificates from material suppliers stating compliance of the materials with the requirements of the specifications and receive approval from the City prior to commencing work authorized in this agreement.

G. Frequency of Inspection:
a. Inspection of applied paint to pavement shall be conducted at start of paint application and at intervals as determined necessary by the City. Contractor will correct any unsatisfactory striping/stenciling without any impact to other scheduled work.

H. Damage Responsibility:
a. Any over-spray or tracking of fresh paint onto unwanted/unpainted surfaces shall be removed by grinding, sandblasting or other method approved by the City. Any existing striping and markings, if indicated for removal, shall be removed by grinding, sandblasting or other method approved by the City. Contractor shall carry a minimum of two (2) 50 lb. bags/buckets of absorbent material in the event of a paint spill and must notify the City immediately.

I. Quality and Control of the Work:
a. Completed stripes and markings shall have clean and well-defined edges.

The maximum deviation from the designated position of the stripe shall not exceed .5 inch in any 100-foot length of stripe, including gaps. Roadway markings shall conform to the shapes and dimensions of the standard markings, as designated by drawings/plans or in the State of California Traffic Manual.
b. Surfaces which are to receive traffic stripes, pavement markings or markers shall be thoroughly clean, free from loose materials and dry, and such areas shall be thus prepared by the Contractor to the satisfaction of and with methods approved by the City.

J. Scheduling:
a. Contractor shall perform striping/stenciling work as per work requests, which will be provided by City. Prior to the issuing of a work request and proceeding with any work, Contractor and Director or Designee will review the scope of the work assigned with Contractor.

Item 1O - Page 17

Page 14 of 25 ends

K. Thermoplastic Installation:
a. Thermoplastic shall be installed in accordance with State of California Standard Specifications:
i. Materials: 84-2.02
ii. Thermoplastic Traffic Stripes and Pavement Markings: 84-2.03C iii. Application: 84-2.04
L. Parking Lot Striping:
a. Parking lot striping shall be in conformance with the Roadway Striping and Stenciling and Thermoplastic specifications as described above and when requested.

M. Pavement Markers:
a. Pavement markers shall conform to the provisions in Section 81-3, "Pavement Markers", of the State Standard Specifications and these Contract Documents. Non-reflective pavement markers shall be ceramic. b. Adhesive shall be hot melt bituminous adhesive conforming to Section 81-

3.02D, "Hot Melt Bituminous Adhesive", of the State of California Standard Specifications or Epoxy. Epoxy shall be rapid set epoxy adhesive conforming to section 95-2.04 of the State of California Standard Specification unless, approved by the City.
c. Markers shall be placed according to the latest Caltrans Standard Plans A20A - A20D, except as modified by the Plans or the Engineer. d. Blue two-way reflectors shall be installed in the traffic lane adjacent to each fire hydrant on all streets within the limits of work in accordance with the latest edition of the California Supplement to the Manual on Uniform Traffic Control Devices.
e. Any damage to the newly placed markers due to the failure of Contractor to protect his work and correction of errors shall be repaired by Contractor at no additional cost.

N. Curb Painting:
a. Paint to be Traffic Line model #1130 traffic red or equivalent traffic paint, approved in advance by the City. Contractor will ensure surface is free of dirt, dust, moisture, and other contaminants prior to paint application.

Contractor is to apply a minimum of two (2) coats of paint, or the required amount to achieve full coverage. Contractor will use curb stencils or other procedures resulting in zero overspray on adjoining concrete, pavement, or landscaping.

O. Traffic Control:
a. All safety and traffic control placement is the responsibility of Contractor and is required at all times during this agreement. Traffic control measures must conform to the current State of California, Department of Transportation, and Traffic Control for Construction and Maintenance Work Zones. All traffic control devices used during the performance of work, either designated by this agreement or required by others, shall conform to the current specifications of the State of California, Caltrans Traffic Manual and the Manual of Traffic Controls unless approved by the City.

Item 1O - Page 18

Page 15 of 25 ends

b. Contractor shall provide flagmen, and shall provide and maintain such fences, barriers, signs, guardrail, red lights, and other safety devices adjacent to and on the work site as may be necessary to control traffic and prevent accidents to the public. Signs, flags, lights and other warning and safety devices shall conform to the current requirements set forth in the current Manual of Traffic Controls for Construction and Maintenance Work Zones, issued by the California State Department of Transportation. c. Contractor shall adhere to the California Department of Transportation and the International Municipal Signal Association (IMSA) safety standards for all road closures.
d. Contractor shall submit a Traffic Control Plan (TCP) for review and approval prior to any work on Collector and Arterial streets. Contractor shall submit all TCPs for review and approval 5 working days in advance of the preconstruction conference. Contractor shall allow 5 working days for the City review for each resubmittal.
e. All TCPs shall be prepared and stamped by a registered civil or traffic engineer, and shall provide sufficient information and details to show typical lane closures, channelizing, and proposed detours or street closures, locations and usage of flagmen, typical construction zone signing, provisions for pedestrians, etc. TCP shall show in detail the proposed staging and sequencing of work together with the proposed traffic control system.

1.3 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

1.4 Payment:

1.5 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide Item 1O - Page 19

Page 16 of 25 ends

back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

Item 1O - Page 20

Page 17 of 25 ends

Item 1O - Page 21

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 23-47)
ON•CALL CITYWIDE ROADWAY STRIPING AND STENCILING SERVICES Responding to this IFB for on-call citywide roadway striping and stenciling services, the undersigned bidder proposes and agrees to provide the se,vices and wor1< in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Wor1< in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated In the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY New StrioinQ Lines/ Paint
Per $0.37 $74.00 1 4" white/yellow broken - skip line linear 200 foot
Per $0.43 $86,00 2 4" white single solid edge line linear 200 foot
Per $0,57 $114.00
3 4" yellow double solid line linear 200
foot
Per $0.53 $106.00
4 8" white single solid (tum pocket) linear 200
foot
Re-strioin, / Paint
Per $0.12 $24.00 5 4" white/yellow broken - skip line linear 200 foot
Per $0,18 $36,00 6 4" white single solid edge line linear 200 foot
Per $0.22 $44.00 7 s• white single solid (bike lane) linear 200 foot
Per $0.28 $56.00 8 8. white single solid (tum pocket) linear 200 foot
Per $0.15 $30.00 9 4" yellow broken - skip line linear 200 foot
Per $0.32 $64.00 10 4" yellow double solid line linear 200 foot
Re-stencilinq / Paint
11 Larae arrow (each) I Each I 1 I ""0.00 I ~~o.""

Page 18 of 25 ends

Item 1O - Page 22
12 Small 24" arrows {each) Each 1 ~?Rnn $28.00
13 8' aluminum letters <each) Each 1 $140.00 '1:140.00
14 Bike lane messaaes {each) Each 1 q:·-11.00 !t37.00
Per $2.25 $450.00
15 12• white limiVstop bars linear 200
foot
Per $1.80 $360.00
16 12" crosswalks - white linear 200
foot
Per $1.80 $360.00
17 12" crosswalks - yellow linear 200
foot
Per $4.00 $800.00
18 24" ladder crosswalk - white linear 200
foot
Per $3.00 $000.00
19 Shark tooth limit line - crosswalk linear 200
foot
Reflective Pavement Markers and Reolacement
20 Type CA -4" round, white, Each 1 $3.00 $3.00
ceramic marker
21 Type CAY - 4" round, yellow, Each 1 $3.00 $3.00
ceramic marker
22 Reflective Pavement Marker: type Each 1 $5.00 $5.00 C, one-wav clear with red 23 Reflective Pavement Marker: Each 1 $5.00 $5.00
crismatic tvru,, one-wav red (Rl
24 Reflective Pavement Marker: Each 1 $10.00 $10.00
orismatic tvne, two-wav blue {8 B)
25 Reflective Pavement Marker: Each 1 $5.00 $5.00
prismatic tvOA, one-wav clear (G\
26 Reflective Pavement Marker: Each 1 $5.00 $5.00 Prismatic tvn,, two-wav clear <Bl 27 Reflective Pavement Marker: Each 1 $5.00 $5.00
orismatic tvne one-wav amber IH
28 Reflective Pavement Marker: Each 1 $5.00 $5.00
Prismatic tv=, two-wav amber ID
Strioina Removal bv Grindina
Per $0.70 $140.00 29 4" solid edge line linear 200
foot
Per $0.70 $140.00
30 6" solid edge line linear 200
foot
Per $0 .80 $ 160.00 31 8" solid turn pocket linear 200
foot
Per $2.00 $400.00
32 12" crossbar linear 200
foot
33 8' letter (legend) Per 1 $50.00 $50.00 letter

Page 19 of 25 ends

Item 1O - Page 23
Thermoolastlc Removal bv Grindin 1
Per $0.75 $150.00
34 4" edge line linear 200
foot
35 8' letter Each 1 $50.00 •cnnn
Per $2.25 $450.00
36 12• crossbar square 200
foot
Per $0.90 $180.00 37 s· turn pocket linear 200
foot
Thermoelastic Installation
38 Installation of 8' letter Each 1 1150.00 $150.00
Per $4.00 $800.00
39 Installation of 12" white crossbar square 200
foot
Per $4.00 $800.00 40 Installation of 12· yellow crossbar square 200 foot
Installation of shark tooth lim~ line
Per $4.00 $800.00 41 linear 200
crosswalk foot
Parkina Lot Strioina
Per $1.00 $200.00 42 4' parking stalls (16' lines -white) linear 200 foot
Red Curb Paintina
Per $2.00 $400.00 43 New Curb Painting - red linear 200 foot
Per $1.25 $250.00 44 New Curb Painting - yelloW linear 200 foot
Per $1 .25 $250.00 45 New Curb Painting • White linear 200 foot
Per $1 ,00 $200.00 46 Re-Painting of existing curb • red linear 200 foot
Re-Painting of existing curb • Per $1.00 $200.00
47 linear 200 yellow foot
Re-Painting of existing curb· Per $1.00 $200.00 48 linear 200 wMe foot TOTAL (Enter this amount In PlanetBlds) $9,485.00
'NOTE: This bid form is to determine the lowest bidder and will be used to establish the contract un~ prices. The contract will be set at the City budget amount.

Page 20 of 25 ends

Item 1O - Page 24
Firm Name: Superio, Pavement Markings Inc.

DIR Number: 1000001476 /
Signature of Authorized Person: --~- ' ~ __ -_.!V~ __ -z ______ _ Printed Name: Darren Veltz ----'___:;;=------------
Title: Chief Financial Officer

Page 21 of 25 ends

EXHIBIT “B”

Page 22 of 25 ends

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Invitation for Waiver of Workers’ Compensation Insurance Requirement form.

Item 1O - Page 26

Page 23 of 25 ends

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

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item 1O - Page 27

Page 24 of 25 ends

Item 1O - Page 28

Page 25 of 25 ends

EXHIBIT “C”
Item 1O - Page 29
ATTA CHM ENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 23-47)

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

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

Sigoal"''" ~_, ('. __ _
Printed Name: Darren Veltz
Title: Chief Financial Officer
Firm Name: Superior Pavement Markings Inc.

ATTACHMENT B
Item 1O - Page 30
Item 1O - Page 31

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Superior Pavement Markings Inc.

2. Address of Entity (Principal Place of Business)
5312 Cypress Street, Cypress CA 90630

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

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? 0 Yes D No

5. Type of Entity
IX] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
John Lucas, President B Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Darren Veltz, Chief Financial Officer B Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Robert Garcia, Vice President B Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Item 1O - Page 32

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

John Lucas 50%, Superior Pavement Markings, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
B.

Darren Veltz 50%, Superior Pavement Markings, Inc.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity)
C.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity)
D.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date \ 1
s, 1.-J)V

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF THE FISCAL YEAR 2024/2025 CSA 152 SPECIAL

ASSESSMENT RATE
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

In accordance with an administrative services agreement with Riverside County for administration of the County Service Area 152 (“CSA 152”) for the National Pollutant Discharge Elimination System (“NPDES”), Riverside County requires the City to establish its CSA 152 budget and confirm the levy of special assessment for Fiscal Year 2024/2025 so that Riverside County can assemble and coordinate with the County’s levy of special assessments. This item approves the CSA 152 special assessment rate of $9.50 per single family residential property, which remains unchanged from prior years’ assessments.

RECOMMENDATION:

Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2024/2025 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE

ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”

BACKGROUND:

The NPDES Program is a federally mandated program to control non-point sources of runoff pollution. In 1972, the Federal Water Pollution Control Act (“Clean Water Act” or “CWA”) was amended to provide that discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with a NPDES Permit.

In 1982, the Clean Water Act was amended to establish a framework for regulating municipal and industrial stormwater discharges under the NPDES Program.

Item 1P - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
CSA 152 Annual Report/Levy Assessment
In 1997, the City adopted Chapter 8.70 (Stormwater Management and Discharge Controls) of the Municipal Code which incorporates regulations of the NPDES Program.

Pollutants in urban runoff are carried through what the NPDES permit calls a Municipal Separate Storm Sewer System (“MS4”). The MS4 includes the entire system of streets, curb gutters, catch basins, storm drains, channels, etc., that convey stormwater runoff (rain) from one location to the various waters of the United States, including Tahquitz Creek, Palm Canyon Wash, and Whitewater River.

The main goal of the NPDES permit is to prevent runoff coming from public or private properties from polluting the waters of the United States. The permit allows the City to identify various locations of pollution, to review existing programs designed to protect against water pollution, to develop new programs to meet federal requirements, and to provide programs to educate the public on the problems associated with polluted stormwater runoff.

The permit also allows the City to regulate the discharge of pollutants from development projects, existing industrial facilities, restaurants, and commercial sites. Therefore, the City is required to inspect these sites with a frequency that is based on various factors.

This includes the type of business, the activities that occur at the site, the types of potential pollutants present, past compliance history, and proximity to waters of the United States. Businesses are assigned a high, medium or low inspection priority, based on the Standard Industrial Code (SIC). Businesses that are classified as high priority must be inspected annually, medium priority businesses are inspected once every two years, and low priority businesses are inspected once every five years.

Examples of polluted stormwater runoff that are to be prevented through the City’s NPDES inspection program are shown in the following photos:

Photo 1: Erosion and sediment
pollution caused by an active
construction site.

Photo 2: Leaking fluids from stored
equipment.

Item 1P - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
CSA 152 Annual Report/Levy Assessment
Riverside County originally formed CSA 152 to finance a portion of its programs and obligations associated with its NPDES Permit. The City of Palm Springs annexed into CSA 152 in 1993 to allow for the levy of special assessments to offset the City’s costs related to administering its own NPDES Program.

STAFF ANALYSIS:

On June 23, 2016, the City Council approved an Administrative Services Agreement with Riverside County that facilitates the County’s administration of the NPDES Program on the City’s behalf to be offset by the special assessments collected in CSA 152. The special assessment rate in Palm Springs is $9.50 annually, per Benefit Assessment Unit (“BAU”). BAU is defined as a single-family home on a 7,200 square feet (1/6 acre) lot.

In accordance with the City’s agreement with Riverside County, the City is required to complete its annual report for the CSA 152 Program and confirm the CSA 152 assessment. This will allow Riverside County the time needed to assemble and coordinate the levy of the special assessments in the next tax roll.

Staff recommends that the City Council adopt the Resolution making certain findings and setting the BAU for CSA 152 at the currently adopted existing rate of $9.50. This is equal to the previous BAU special assessment rates adopted by the City Council. A copy of the required annual report, confirming the special assessment rate is appropriate, is included as Attachment A.

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 Photo 3: Oils and polluted contaminants
in a drainage gutter
Photo 4: Clean-up of illegal dumping into
a stream bed.

Item 1P - Page 3
City Council Staff Report
February 29, 2024 -- Page 4
CSA 152 Annual Report/Levy Assessment
whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2, Community Infrastructure.

FISCAL IMPACT:

The CSA 152 special assessment of $9.50 per BAU is estimated to generate approximately $472,156 in revenue in Fiscal Year 2024/2025 to fund all activities associated with the City’s NPDES Program.

REVIEWED BY:

Director of Finance: Kristopher J. Mooney
City Engineer: Joel Montalvo
City Manager: Scott Stiles
ATTACHMENTS:

A. Annual Report
B. Resolution
Item 1P - Page 4

ATTACHMENT A
Item 1P - Page 5
December 2023

Prepared By:

City of Palm Springs
Fiscal Year 2023/24 Annual Report
County Service Area 152 – National Pollutant Discharge
Elimination System (NPDES)
4745 Mangels Boulevard
Fairfield, California 94534
707.430.4300
www.sci-cg.com
Item 1P - Page 6
//
SCIConsultingGroup
Public Finance Consulting Services
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone ‐ (760) 323‐8299
CITY COUNCIL
Jeffrey Bernstein, Mayor
Ron DeHarte, Mayor Pro‐Tem
Grace Gardner, Councilmember
Christy Holstege, Councilmember
Lisa Middleton, Councilmember
CITY STAFF
Scott Stiles, City Manager
Teresa Gallavan, Assistant City Manager
Joel Montalvo, City Engineer
SCI CONSULTING GROUP
Brandon Vanleuven, Senior Consultant
Item 1P - Page 7
Item 1P - Page 8
Table of Contents
Executive Summary ..................................................................................................................... 1 Fiscal Year 2023/24 Levy Summary ............................................................................................................ 1 Maintenance and Services ........................................................................................................... 2 Estimate of Costs ......................................................................................................................... 4 District Budget ............................................................................................................................................ 4 City Held Fund Balance ............................................................................................................................... 5 Methodology of Charge ............................................................................................................... 6 Land Use Categories ................................................................................................................................... 6 Maximum Annual Rate ............................................................................................................................... 7 CSA 152 Boundaries ..................................................................................................................... 8 Levy Listing .................................................................................................................................. 9 Item 1P - Page 9
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 1 Executive Summary
The County of Riverside (the “County”) formed County Service Area 152 (the “CSA 152”) on November 26, 1991 with the passage of Resolution No. 93‐634. At formation, CSA 152 encompassed all unincorporated lands within the boundaries of the County. The purpose of the formation was to provide for implementation of the federally mandated National Pollutant Discharge Elimination System (NPDES) Program (the “Program”) to control non‐point source pollution. Non‐point source pollution, caused by rain or snowmelt, moves water over and through the ground picking up natural or synthetic pollutants from the ground and then transmitting these pollutants into streams, rivers, lakes, wetlands, estuaries, coastal water, and groundwater.

NPDES is part of the Clean Water Act, Section 319, enacted by Congress in 1987. The Clean Water Act requires that all municipal, industrial, and commercial facilities that discharge wastewater or storm water directly from a point source into waters of the United States must obtain a NPDES permit. Permits are issued to ensure the receiving water will achieve the federally mandated water quality standards. States are required to address such pollution by producing assessment reports, adopting management programs to control non‐point source pollution, and implementing these management programs to curb pollution.

The Program requires runoff to be controlled by all storm water systems. Therefore, all local agencies, including the City of Palm Springs (the “City”), bear the responsibility for their own storm water systems, which they own and operate. Storm water systems include, but are not limited to roadways, drainage systems, washes, etc. As such, the City annexed into CSA 152 in 1993, to allow for the levy of the Charge to offset the City’s costs related to administering the Program.

Annually the City Council of the City of Palm Springs (the “City Council”) will pass a resolution approving the annual report (the “Report”) and setting the Benefit Assessment Unit (BAU) Rate. The proposed BAU Rate for Fiscal Year 2023/24 remains at $9.50.

The following table summarizes the proposed Fiscal Year 2023/24 annual levy to cover the management and implementation of the Program:

Fiscal Year 2023/24 Levy Summary
Parcel Type
Number of Parcels Levied for
Fiscal Year 2023/24
Proposed Levy
for Fiscal Year 2023/24
Assessor’s Parcels 23,834 $373,482.58
Taxable Possessory Interest 5,143 $98,673.72
Total: 28,977 $472,156.30
The Program is levied in accordance with the methodology adopted and approved by the City Council at the time of the CSA 152 formation. The final levy submitted to the Riverside County Auditor‐Controller in August may vary due to changes in the County’s secured roll data that is released in July.

Item 1P - Page 10
SCIConsultingGroup
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 2 Maintenance and Services
The City’s portion of the Program is levied and collected annually to offset costs associated with the Program. Revenues generated from the charge regularly provide a variety of services benefiting the properties that lie within the City’s boundaries. The City provides services either directly through City staff, indirectly via contractors, or through County efforts to service the public improvements and specified areas within the boundaries of the City.

In general, the services provided using CSA 152 revenues include, but are not limited to, the following activities resulting from the management and implementation of the Program:
• Developing a plan to reduce pollutants in storm water runoff that meets the minimum federal standards at minimum cost to area residents.
• Identifying the various locations of pollution and types of pollutants carried in storm water runoff. • Reviewing existing programs designed to protect against water pollution. • Developing new programs to meet future federal standards and obtaining necessary permits from the State and regional water quality authorities.
• Educating the public about the problems associated with storm water runoff pollution, helping citizens learn what they can do to help contain this problem.

The implementation of the Program requires the City to provide maintenance to improvements and various services to ensure compliance with the Program requirements. These services include, but are not limited to:
• Water quality monitoring program
• Pollution prevention program
• Public education program
• Inspections
• Code enforcement
• Street cleaning, sweeping, and maintenance
• Hazmat removal
• Basin cleaning and maintenance
• Contractual services
• Consultant services
• Administration of the program
• Staffing costs and overhead allocations
Item 1P - Page 11
SCIConsultingGroup
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 3 Actual services provided may differ from those authorized based upon current resources, needs, and funding levels available. In addition, the Program may be authorized to provide additional services as outlined previously, beyond what services are actually provided.

Item 1P - Page 12
SCIConsultingGroup
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 4 Estimate of Costs
District Budget
CSA 152
Adopted
2022/23
Budget
Proposed
2023/24
Budget
PERSONNEL COSTS
Regular employees $90,500 $90,500
Personnel Holding 38,000 38,000
Overtime 4,000 4,000
Uniform Allowances 400 400
Pers Contributions 32,700 32,700
Pers POB 4,000 4,000
Medicare Tax 1,300 1,300
Fringe Benefits 22,800 22,800
Workers Compensation 5,800 5,800
RHS Health Benefits 1,500 1,500
Retiree Health Benefits 9,900 9,900
TOTAL PERSONNEL COSTS 210,900 210,900

MATERIAL AND SERVICES
Hazmat Removal 15,200 15,200
Contractual Services 199,800 199,800
Administration Fee 10,000 10,000
TOTAL MATERIAL AND SERVICES 225,000 225,000

SPECIAL CHARGES
Administration Services 0 0
Insurance 7,600 7,600
Facilities Maintenance 14,900 14,900
Benefits Administration 700 700
TOTAL SPECIAL CHARGES 23,200 23,200
TOTALS: $459,100 $459,100
Item 1P - Page 13
SCIConsultingGroup
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 5 City Held Fund Balance
The City may contribute financial resources to CSA 152 and the associated Program. However, the County may hold monies that are available to the City. Below is the most recent City‐held fund balance available.

City‐Held Fund Balance as of
October 17, 2023
$101,821.89
Item 1P - Page 14
SCIConsultingGroup
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 6 Methodology of Charge
The methodology for the charge is the BAU method developed by Riverside County Flood Control District.

This method spreads the total charge to parcels within CSA 152 in proportion to each parcel’s runoff.

Runoff is determined by first knowing a parcel’s size in acres, its present land use, and then assigning a runoff factor to its general land use category. Runoff factors are estimates of how much rainfall runs off a parcel in comparison to the amount of rainfall that falls on a parcel. In other words, the runoff factor is a way of expressing the relative degree of imperviousness of parcels with different land uses. Paved and improved parcels have runoff factors closer to 1.0 (where 1.0 equals 100% runoff) than do unpaved or unimproved parcels. Reducing the large number of land uses in the County to six general categories for estimating runoff under the benefit assessment procedure provides for a manageable and reasonable computation method.

For the Program, additional factors have been brought into the analysis that consider the type of activity on that land use. The Program is required by Federal Regulation to focus its attention on urbanized areas or developments and to exclude agricultural properties. Therefore, agricultural, and vacant undeveloped properties have been completely exempted from the Program though they may have some amount of runoff.

The computation of the charge for any parcel is based on the number of BAUs assigned to that parcel. A single‐family residential parcel of 7,200 square feet (1/6 acre) in size with a runoff factor of 0.40 was selected as the standard BAU. The number of BAUs for any other parcel can be computed by relating its size and land use to the BAU.

Land Use Categories
The table below shows the six categories of land use, their respective runoff factors, and the BAU per acre.

Group Land Use Factor BAU Per Acre
A Commercial, Industrial 0.80 12
B Apartments/Mobile Home Parks, Churches, Schools 0.60 9 C Single Family Residential(1) 0.40 6
D Poultry, Irrigated/Cultivated Crops, Livestock, Vacant Undeveloped 0.00 0
E Golf Courses, Private Parks 0.0067 0.10
F Parcels with Miscellaneous Structures 0.0033 0.05
(1) All SFRs are levied $9.50 regardless of size.

The calculation of a typical Commercial Charge is as follows:
(BAU) X (Developed Acreage) X (Rate) = Annual Charge
Item 1P - Page 15
SCIConsultingGroup
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 7 Maximum Annual Rate
The Charge’s maximum annual rate is $9.50 per BAU and the maximum annual rate is the same as was originally adopted in 1994. All single‐family residential parcels are levied at $9.50.

District
Fiscal Year
2022/23 Actual
Rate
Fiscal Year
2023/24
Proposed Rate
Fiscal Year
2023/24
Approved Rate
County Service Area 152 $9.50 $9.50 $9.50
Item 1P - Page 16
SCIConsultingGroup
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 8 CSA 152 Boundaries
Item 1P - Page 17
., ., • ! ., ••
~-I. i ••
•
i, •• ,., •••• i
• ,r
•
City of Palm Springs
•••.,ii City Boundaries ij •• • ,.

Highways
0 0.75 1 .5 3 Miles
SCIConsultingGroup
·-. -..
• •
I
-- ,-. .. !- - .... ~-. . ..
.. . .. ~ ....
•
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 9 Levy Listing
Due to its size, the Levy Listing is on file with the City. The description of each lot or parcel as part of the records of the County Assessor of the County of Riverside are, by reference, made part of this Report.

Item 1P - Page 18
SCIConsultingGroup

ATTACHMENT B
Item 1P - Page 19
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND

REAFFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL
YEAR 2024/2025 TO FUND THE CITY'S NATIONAL

POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND

MAINTAIN THE CITY'S DRAINAGE AND FLOOD

CONTROL SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and
WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and
WHEREAS, street sweeping is a pro-active method of ensuring pro-active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of NPDES Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the incorporated cities therein; and
WHEREAS, the City, by its Resolution No. 18088 adopted on May 5, 1993, requested the Local Agency Formation Commission to undertake proceedings to annex the City of Palm Springs into CSA 152 for the purpose of partially funding the City's implementation of the NPDES Program; and
WHEREAS, the Count of Riverside, by its Resolution No. 93-454 adopted December 21, 1993, annexed the City of Palm Springs into CSA 152 to partially fund the costs of maintaining and operating the City's flood control and drainage systems under the NPDES Permit; and
WHEREAS, the City by its Resolution No. 18351 adopted March 16, 1994, recommended that the County Board of Supervisors adopt the City's proposed initial budget for the portion of CSA 152 contained within the City; and WHEREAS, the CSA 152 charges assessed on each parcel within the City are determined in proportion to the storm water runoff attributable to each parcel; and Item 1P - Page 20
Resolution No ____

Page 2 ends

WHEREAS, the City uses revenues from the CSA 152 assessments solely for the purpose of complying with the terms of the NPDES Permit, and for maintaining and operating the City's flood control and drainage system; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and
WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.

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

Section 1. The City Council finds the foregoing recitals to be true and correct.

Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments.

Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for flood control and drainage systems in the City.

Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2024/2025 for CSA 152 is to be set at Nine Dollars and Fifty Cents ($9.50) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since the assessment was first approved by the City in accordance with Resolution No. 18351 adopted March 16, 1994.

Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City.

Item 1P - Page 21
Resolution No ____

Page 3 ends

ADOPTED this 29th day of February 2024.
_______________________________
Scott C. Stiles, City Manager
ATTEST:
______________________________
Brenda Pree, MMC, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No.____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 14, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Item 1P - Page 22

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE SOFTWARE ANNUAL MAINTENANCE AGREEMENT
24S027 WITH GEOSPATIAL TECHNOLOGIES, INC. FOR PUBLIC

SAFETY MAPPING SERVICES
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:

This action will approve one-year Software Annual Maintenance Agreement 24S027 with the option for four additional years with GeoSpatial Technologies, Inc. for public safety mapping services.

RECOMMENDATION:

1. Approve one-year Software Annual Maintenance Agreement 24S027 with the option for four additional years with GeoSpatial Technologies, Inc. (Attachment A) for public safety mapping services in the amount of $19,049, with a maximum total of $95,242.50 if all options are exercised.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from GeoSpatial Technologies, Inc. is included as Attachment B.

BACKGROUND:

The City has been utilizing the services of GeoSpatial Technologies, Inc. (“GST”) since July 2010. GST Technologies provides mapping services essential for both the Police and Fire Departments. These services significantly enhance operational efficiency, response times, and public safety. GST enables real-time tracking and mapping, providing insight for informed decision-making and strategic resource allocation. This technology assists in improving emergency response times by identifying the quickest routes to incidents, a vital factor in life-saving situations.

Item 1Q - Page 1
City Council Staff Report
February 29, 2024 - Page 2
Software Annual Maintenance Agreement – GeoSpatial Technologies, Inc.

GST can aid in effective planning and analysis, such as mapping potential crime hotspots or fire-prone areas, allowing for proactive resource management. It also enhances interdepartmental coordination, particularly in large-scale operations, ensuring a unified emergency response.

STAFF ANALYSIS:

Staff desires to continue utilizing these services and requests approval for a one-year Software Annual Maintenance Agreement with the option for four additional years. This will lock in pricing for the next five years including technical support, regular software updates, and training program discounts.

GST is a sole source provider of these services which is allowed by Title 7 Section

7.05.020 of the Municipal Code. The current agreement expired on December 14, 2023, however in a show of good faith GST has continued to provide service and support until this renewal is approved. Staff is looking to ratify the agreement for an initial term of December 15, 2023, through December 14, 2024, and the potential to renew the agreement at the same cost until December 14, 2028. If all options are exercised, the total cost will be $95,242.50.

Therefore, staff recommends approval for a one-year software annual maintenance agreement with the option for four additional years with GST in the amount of $19,049 and a maximum amount of $95,242.50 if all options are exercised for public safety mapping services.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Principal, Forward Thinking Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025.50034 and will be budgeted in future years.

Item 1Q - Page 2
City Council Staff Report
February 29, 2024 - Page 3
Software Annual Maintenance Agreement – GeoSpatial Technologies, Inc.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Agreement
B. Business Disclosure Form

Item 1Q - Page 3

ATTACHMENT A

Item 1Q - Page 4
55575.00001\40844938.2 1
GeoSpatial Technologies, Inc.

Software Annual Maintenance Agreement #24S027
GeoSpatial Technologies, Inc. (hereinafter referred to as GST) shall provide maintenance and support services under this Software Annual Maintenance Agreement (hereinafter referred to as Agreement) for the City of Palm Springs (hereinafter referred to as Customer) during the period from December 15, 2023 to December 14, 2024, with the option to renew for four (4) additional years (for a total of five (5) at the current prices listed in the Products Covered section upon execution of a separate renewal agreement and payment by the City of the annual maintenance fee.

I. PRODUCTS COVERED
GST maintenance and support services are provided only for the software products listed in either the Purchase Contract, Purchase Order, GST Quote, or GST Invoice with the entire amount of the Software Annual Maintenance Fee paid in full on or before the commencement of each 12-month period.

II. MAINTENANCE AND SUPPORT
In exchange for the City’s payment of the annual maintenance fees listed in the GST invoices, GST shall provide maintenance and support services to the End User. Maintenance and support services shall include, but not be limited to:
(a) Telephone and E-mail Support: GST will provide telephone and e-mail assistance. You must provide GST with remote access through the Internet to the computers installed with GST software.

By calling the GST technical support number, you will reach a trained support analyst of whom you may ask questions or seek advice relating to the use of GST software. The analyst will assist you in utilizing your GST software, and in identifying and providing a work around, if possible, for any software problems found with GST software. GST support services do not include hardware, network, operating systems, or third party software.

Support will be provided weekdays from 9:00 a.m. to 6:00 p.m. Pacific Standard Time, excluding weekends and holidays.
(b) Response Times: In the event that the End User experiences a critical system failure, which shall be deemed to have occurred if the system is down or inoperable, meaning that the End User cannot use the System and/or the System is off-line, for longer than 1/2 hour, GST shall respond and look into correcting the problem immediately upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. For all other non-critical failures, GST shall respond and attempt to correct the problem within four (4) hours upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. If problems cannot be resolved within four (4) hours, the problem will be automatically escalated to Application Technical Lead or the VP of Product Management for resolution. After consultation between the VP of Product Management and support staff, GST will provide a plan of action for resolution to the End User.
(c) Bug-fixes and Upgrades: GST will provide bug-fixes and upgrades to the GST software when they are available at no additional charge during the term of the maintenance program.

Item 1Q - Page 5
lGsT
55575.00001\40844938.2 2
(d) Corrective Maintenance: GST will provide corrections to the supported software using Internet connections, provided you have a high-speed Internet connection on your system allowing GST remote access, during standard support hours.
(e) GST Training: The End User under the software annual maintenance program receives 50% discounts for all training programs held at GST’s facility. (f) Software Customization and Enhancement: The End User under the software annual maintenance program receives a 20% discount for any software customization services. End User requested enhancements or modifications of GST software are not included in the support plan price. GST agrees to review requests from the End User and to provide a quote for the requested enhancement based on time and cost anticipated.
(g) Excluded Service: The maintenance and support described herein does not include the correction of software failures due to causes beyond the control of GST and occurring without the fault or negligence of GST such as, but not limited to acts of God, catastrophe, fault, or negligence of the End User, operator error, manipulation of the object or source code (unless approved by GST in writing prior to such manipulation), improper use or misuse of the system or any part thereof. Any such excluded service, whether on-site or off-site, will be provided at the request of the End User at GST per call rates and terms then in effect.
(h) Support of Old Software: Users are required to install all updated software and any bug fixes in a timely manner, including operating system software. If you fail to keep your system current, GST may no longer support your system. GST will support old releases of a product for two (2) years after new releases become available. For subsequent years after new releases becomes available, if requested by End User, GST may continue to support such old releases for an annual increase in support fee of 40%.
(i) Lapsed Support: If the End User intends to renew maintenance after the previous maintenance program has expired for over two (2) months, a supplemental fee of 50% of the annual maintenance fee shall be due GST for the first year of maintenance following your need for maintenance again, in addition to the maintenance fee already due herein.
(j) On-site support: On-site support is not covered by the standard software maintenance support. Per End User’s request, GST will provide on-site support if GST determines that such support is required to resolve the reported problem. In this case, GST will dispatch one or more members of its support staff to your site who will attempt to recreate and resolve the problem(s) reported.

During this time it is expected that members of your staff will be available to answer questions and provide information regarding your system, if required. On-site support will be charged at GST per call rates and terms then in effect,.

III. SYSTEM MODIFICATION
(a) GST-generated modifications: Changes or replacement of the computer equipment, operating system and its related software, or other third party software may require GST software support and/or software modification to allow GST products to work with the new equipment, operating system, and/or third party software. These support and/or modification services will be provided by GST at the End User’s request at our then quoted prices.

Item 1Q - Page 6
(Gsr
55575.00001\40844938.2 3
(b) End User-generated modifications: GST will not be responsible for any damage to your GST software or data caused by upgrades to the operating system or replacement of hardware without GST’s prior written concurrence that said upgrade would function properly. Services required as a result of modifications to GST’s systems made by the End User are not considered normal maintenance and are not provided as part of GST’s Software Maintenance Program. (c) External System Modifications: In the event any external system is modified beyond that anticipated by the terms of the underlying End User License Agreement, the End User shall notify GST of such changes immediately upon receipt of notification from the respective entity/entities and request that GST prepare a proposal to include a time and cost estimate, for the work to be performed which constitutes a change from the originally agreed upon configuration and work description as presented in the underlying End User License Agreement. GST shall, within thirty (30) days after receiving said notice, furnish a written proposal to the End User provided the required modifications are commercially, technically and practically feasible. Upon receipt of GST’s proposal, the End User shall determine whether it desires the work to be performed, and if so shall issue a Notice to Proceed within ten (10) days, at which time GST will perform the necessary modifications for the additional mutually agreed upon compensation.

IV. END USER RESPONSIBILITIES
(a) Software Problems and Reporting: The End User agrees to limit use of GST maintenance service to occasions when GST system software fails to operate in accordance with the product specifications as defined in the original purchase contract. To facilitate the problem solving process, the End User agrees to assist GST in their efforts to duplicate the software problem by providing a written problem report. Additionally, GST may ask that you furnish a listing of software problems rather than calling on each individual item over a short period of time so that our support team can better assist you.
(b) Payment: The End User is responsible for ensuring that all amounts payable under the software annual maintenance program are received by GST on or before the commencement of the maintenance program. The End User’s failure to remit payment to GST for such maintenance services provided or to be provided, after having been notified in writing by GST , shall entitle GST to deny further maintenance services to the End User. (c) Updates: The End User and all users of GST software are responsible for installing all updates to software, hardware, and fixes in a timely manner.
(d) System Administration: The End User is responsible for identifying a System Administrator, as well as a back-up System Administrator, who will function as GST’s primary and secondary contact for any maintenance services to be provided under the software maintenance program. Such System Administrator, or, in the absence of the Systems Administrator, the backup, shall be GST’s sole contact for technical assistance. The System Administrator and backup System Administrator must be trained in the administration of computer hardware, operating system, networking, and database.

GST support staff will assist you in identifying system problems as a function of maintenance support. However, if a problem is identified as a system administration responsibility, further assistance from GST support staff is billed at our then current hourly rates and terms.

Item 1Q - Page 7
(Gsr
55575.00001\40844938.2 4
V. WARRANTIES
(a) Limited Warranty for Services: Any services being provided to the End User in accordance with the software maintenance program are offered on a best-efforts basis only, GST may not be able to resolve every service request made. Although GST will attempt to provide some guidance and direction, GST is not responsible for resolving issues related to networks, operating systems, backend databases or hardware. It is the End User’s responsibility to keep adequate data backups. GST will not be responsible for any lost data.

VI. LIMITATION OF LIABILITY
To the furthest extent permitted by law, the End User’s sole and exclusive remedies for any damage or loss in any way connected with any software or services furnished by GST, after acceptance of the GST software system, whether by GST’s breach of warranty, negligence, or any other breach of any other duty, shall be, at GST option, replacement of the software or re-performance of service or return or credit of an appropriate portion of any payments made, or to be made, to GST with respect to such software or services.

VII. CHOICE OF LAW
Interpretation of this Agreement shall be governed by the laws of the State of California. Venue shall be the County of Riverside.

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

IX. INDEMNIFICATION
GST shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of GST, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Item 1Q - Page 8
(Gsr
55575.00001\40844938.2 5
Notwithstanding the foregoing, to the extent required by Civil Code section 2782, GST’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

X. INSURANCE
GST shall procure and maintain, at its sole cost and expense, policies of insurance in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

The policies of Insurance maintained by GST shall waive all rights of subrogation against the City of Palm Springs, its elected and appointed officials, officers, agent and employees and shall provide the minimum limits and coverage as set forth below:

Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Automobile Liability including coverage for
owned, non-owned and hired vehicles
$1,000,000 per occurrence
Workers Compensation Statutory
Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate
Item 1Q - Page 9
(Gsr
1432 Edinger Ave., Suite 220
Tustin CA 92780
Phone: (714) 861-7033
Fax: (714) 861-7032
Quote for
City of Palm Springs 2/1/2024
GST Public Safety System
The AMF items covers the following period: 12/15/2023 to 12/14/2024 GST Part Number Description QTY Unit price Amount
Palm Springs Police and Fire Department
Service SRV-SW-AMF 1 AMF - GST Geofile (PSPD) 1 3,750.00 $ 3,750.00 Service SRV-SW-AMF 2 AMF - GST Tracker Server (PSPD) 1 3,360.00 $ 3,360.00 Service SRV-SW-AMF 3 AMF - GST Viewer SW (PSPD) 6 420.00 $ 2,520.00 Service SRV-SW-AMF 4 AMF - Mapper MDC SW (PSPD) 76 84.00 $ 6,384.00 Service SRV-SW-AMF 5 AMF - GST Editor (PSFD) 1 252.00 $ 252.00 Service SRV-SW-AMF 6 AMF - GST Mapper MDC Software (PSFD) 15 157.50 $ 2,362.50 Service SRV-SW-AMF 7 AMF - GST Viewer Software (PSFD) 1 420.00 $ 420.00 Service Total $ 19,048.50
Total $ 19,048.50
Notes:
1 software upgrades through the year, and discounts for GST's training programs and customization services. 2 Payment Terms:

AMF payment is due prior to the commencement date of each 12-month period.

AMF paid client is entitled to technical support through email and telephone (M-F, 9:00AM-5:30PM, PST), bug fixes, Item 1Q - Page 10
GeoSpatia 1 Tech no 1 ogi es, Inc .

Revised 4.13.23 Page 11 of 17
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1Q - Page 11

ATTACHMENT B
Item 1Q - Page 12
Item 1Q - Page 13

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
&,eoSpq1ial T-echnof of ies /ne,.

Address of Entity (Principle Place of Business)
/'fp7-:f3c/inguAv-e 9te 1-:J .. o, Ti1sfln Cit q:i-780
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State CPihfffrYl/tv
If other than California, is the Entity also reqistered in California? n Yes D No Type of Entity
ii corporation D Limited Liability Company D Partnership D Trust D other (please specify)

6. Officers, Directors, Members, Managers, Trustees, other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity y L1:t-H (fY) &i M, o 1/4-
[name] @1 Officer D Director D Member D Manager
(2)VOIU
D General Partner D Limited Partner
• Other
C,J,-10 IA MOfficer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• other
[name]
D Officer D Director D Member D Manager
D General Partner D Limited Partner
• other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Palm Springs City CouncilFebruary 29, 2024

Palm Springs City Council
February 29, 2024