CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
JUNE 13, 2024
3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Jeffrey Bernstein, Mayor
Ron deHarte, Mayor Pro Tem
Grace Elena Garner, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
3:30 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
June 13, 2024 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. PALM SPRINGS AERIAL TRAMWAY UPDATE
B. CITY BRIDGES UPDATE
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. ENDORSEMENT OF THE LIFT TO RISE 2024-26 ACTION PLAN
RECOMMENDATION:
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE LIFT TO RISE 2024-26 ACTION PLAN.”
June 13, 2024 City Council Regular Meeting Agenda 3
B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
RECOMMENDATION:
Appoint Steve Herman to the Administrative Appeals Board for a term ending June 30, 2025. Appoint Laura Hein and Edwin Koren to the Administrative Appeals Board for a term ending June 30, 2027. Appoint Stasik Winderbaum as an alternate to the Administrative Appeals Board with a term ending June 30, 2026.
1. Appoint Samantha McDermott to the Airport Commission for a term ending June 30, 2025. Appoint Robert (Ken) Hedrick and Bryan Ebensteiner to the Airport Commission for a term ending June 30, 2027.
2. Appoint Scott Nevins to the Human Rights Commission for a term ending June 30, 2027.
3. Appoint Charlie Roddy and Meredith Fine to the Parks & Recreation Commission for a term ending June 30, 2026. Appoint Daniel Ballister and Nancy Ferguson to the Parks & Recreation Commission for a term ending June 30, 2027.
4. Appoint Lauri Kibby to the Public Arts Commission for a term ending June 30, 2026. Appoint Natasia Gascon to the Public Arts Commission for a term ending June 30, 2027.
5. C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2024
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2024.
D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING
05-11-24 AND 05-25-24 TOTALING $4,565,928.75 AND ACCOUNTS PAYABLE WARRANTS DATED 05-09-24 AND 05-23-24 TOTALING
$19,047,082.04, IN THE AGGREGATE AMOUNT OF $23,613,010.79, DRAWN ON BANK OF AMERICA."
1. June 13, 2024 City Council Regular Meeting Agenda 4
E. APPROVAL OF THE 2024 PALM SPRINGS INTERNATIONAL AIRPORT AIR
SERVICE INCENTIVE PROGRAM
RECOMMENDATION:
Approve the new 2024 Air Service Incentive Program.1.
Adopt resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2024 AIR
SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT."
2. Authorize the City Manager or designee to execute all necessary documents.3.
F. APPROVE CONSTRUCTION CONTRACT NO. 24C111 WITH MIRACLE
RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND
INSTALLATION OF PLAYGROUND EQUIPMENT AT BARISTO PARK
RECOMMENDATION:
Approve Construction Contract 24C111 with Miracle Recreation Equipment Company, to purchase and install playground equipment at Baristo Park, in an amount not to exceed $383,074.62;
1. Authorize the City Manager or designee to execute all necessary documents.2.
G. INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT
RECOMMENDATION:
Staff recommends Council adopt a Resolution opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act, and direct staff to send a letter to the League of California Cities to include the City of Palm Springs as part of the growing coalition of public safety, labor, local government, infrastructure advocates and other organizations throughout the state opposed to this initiative.
H. ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2024-25
RECOMMENDATION:
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
I. APPROVAL OF AN AGREEMENT WITH THE CITY OF CATHEDRAL CITY AND June 13, 2024 City Council Regular Meeting Agenda 5
I. APPROVAL OF AN AGREEMENT WITH THE CITY OF CATHEDRAL CITY AND
THE COACHELLA VALLEY WATER DISTRICT REGARDING THE RAMON ROAD
WIDENING (FROM SAN LUIS REY DRIVE TO LANDAU BOULEVARD)
INCLUDING THE WHITEWATER BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
RECOMMENDATION:
Approve Agreement Regarding the Ramon Road Widening Project over the Whitewater River with The City of Cathedral City and Coachella Valley Water District for the construction of the Ramon Road Widening (San Luis Rey Drive to Landau Boulevard) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040).
1. Authorize the City Manager to execute all necessary documents.2.
J. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE M.H.
ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006)
RECOMMENDATION:
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST AREANS ROAD, AS A CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #147, SUBJECT TO CONDITIONS (APN #513-143-006)."
K. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B101 WITH TIMBERLINE GSE INC. TO PURCHASE FOUR SWITCHBACK PASSENGER BOARDING
RAMPS FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Contract Services Agreement 24B101 with Timberline GSE Inc. to provide four switchback passenger boarding ramps for the Palm Springs International Airport with warranty and maintenance services in an amount not to exceed $284,105 for the initial two-year term beginning June 17, 2024, through June 16, 2026.
1. Authorize the City Manager or his designee to execute all necessary documents.2.
June 13, 2024 City Council Regular Meeting Agenda 6
L. CITY BOARDS AND COMMISSIONS – ADOPTION OF A RESOLUTION
ESTABLISHING A CODE OF CONDUCT FOR CITY BOARDS AND
COMMISSIONS; AND RESOLUTION ESTABLISHING A HIATUS FOR THE CITY’S HUMAN RIGHTS COMMISSION
RECOMMENDATION:
Discuss and consider adopting:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING A CODE OF CONDUCT FOR CITY OF
PALM SPRINGS BOARDS AND COMMISSIONS
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING MEETINGS AND
ACTIVITIES OF THE CITY OF PALM SPRINGS HUMAN RIGHTS
COMMISSION
2. EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF THE “HARRIET VAN HORN RESIDENCE” LOCATED AT 1121 LINDA VISTA ROAD (APN 507-132-001), CASE HSPB #157 RECOMMENDATION:
Open the Public Hearing and receive public testimony.1.
2. Close the public hearing and adopt Resolution No. entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE “HARRIET VAN HORN RESIDENCE” LOCATED AT 1121 LINDA VISTA ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #157, SUBJECT TO CONDITIONS (APN 507-132-001).”
June 13, 2024 City Council Regular Meeting Agenda 7
B. PNG 1, LLC ON BEHALF OF PS COUNTRY CLUB, LLC FOR AN AMENDMENT OF THE DEVELOPMENT AGREEMENT FOR SERENA PARK – A RESIDENTIAL DEVELOPMENT CONSISTING OF 386 ATTACHED AND DETACHED
RESIDENTIAL UNITS, STREETS, PRIVATE OPEN SPACE AND PUBLIC PARK ON 126 ACRES OF LAND LOCATED EAST OF SUNRISE WAY, NORTH OF
VERONA ROAD AND SOUTHWEST OF THE WHITEWATER RIVER
FLOODPLAIN WITHIN SECTION 1 AND 36 (CASE DA-2024-0002)
RECOMMENDATION:
Open the public hearing and receive public testimony.1.
Waive the reading of text in its entirety, and introduce for first reading an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE
PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT
AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED
TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR
CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT
DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386
RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF
SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH
(CASE DA-2024-0002).”
2. Authorize the City Manager to execute the First Amendment to the First Amended and Restated Development Agreement.
3. 3. BUSINESS & LEGISLATIVE:
A. INTRODUCTION OF ORDINANCE NO. ENTITLED, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE
TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
RECOMMENDATION:
Introduce and conduct a first reading of, by title only, an Ordinance entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM
SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
June 13, 2024 City Council Regular Meeting Agenda 8
B. DISCUSSION AND APPROVAL OF CONSTRUCTION DOCUMENTS AND
AUTHORIZATION TO BID FOR THE SOUTH PALM CANYON DRIVE LOW WATER
CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06-18, FEDERAL AID PROJECT NO. BR-NBIL (502) RECOMMENDATION:
Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the South Palm Canyon Drive Low Water Crossing Bridge Replacement at Arenas Canyon South, City project No. 06-18, Federal Aid Project No. BR-NBIL(502); and
1. Authorize the City Manager to execute all necessary documents.2.
C. GENERAL FUND FISCAL YEAR 2024-25 ADJUSTED CONTINUATION BUDGET RECOMMENDATION:
Provide direction to staff on the FY25 Continuation Budget Adjustments.
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
June 13, 2024 City Council Regular Meeting Agenda 9
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on June 6, 2024, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
June 13, 2024 City Council Regular Meeting Agenda 10
CITY COUNCIL STAFF REPORT
DATE: JUNE 13, 2024 CONSENT CALENDAR
SUBJECT: ENDORSEMENT OF THE LIFT TO RISE 2024-26 ACTION PLAN
FROM: Scott C. Stiles, City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:
This agenda item provides the City Council an opportunity to endorse the Lift to Rise 2024-26 Action Plan (“Action Plan”) via Resolution. Representatives from Lift to Rise presented the Action Plan at the City Council meeting of May 23, 2024; Council requested that staff bring back an item to formally endorse the Action Plan.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE LIFT TO RISE 2024-26 ACTION PLAN.”
BACKGROUND:
Founded in 2014, Lift to Rise (“LTR”) is a collective impact organization that was established to work collaboratively to solve the underlying causes of poverty and inequality. As part of its strategy , the organization seeks to assist in the construction of affordable housing units and reducing the rent burden for Coachella Valley families. To achieve its long -term goals relative to the production of housing units, LTR develops action plans that cover a two-year planning timeframe.
The 2024-26 Action Plan is the result of more than six months of community outreach meetings and planning sessions that helped to inform the goals and actions for the current two-year planning period. Beginning in December 2023, LTR held a series of listening sessions with area residents to obtain input; this input was then used by LTR and more than 70 coalition partners to formulate priorities and strategies for the Action Plan. The final action plan was approved by the LTR Board of Directors in May and forwarded to local agencies for endorsement.
Item 1A - Page 1
City Council Staff Report
June 13, 2024 -- Page 2
Lift to Rise 2024-26 Action Plan
STAFF ANALYSIS:
The Action Plan, as presented at the City Council meeting of May 23, 2024, details the following six strategic focus areas:
• Housing Pipeline: Encourage development by identifying 3,000 potential units a year that meet the criteria for the Affordable Housing Pipeline. • Funding: Address and implement solutions to solve the funding bottleneck occurring due to scarcity of low-income housing tax credits. • Policy Advocacy: Move policy and regulations at the local, state, and federal level to enable more affordable housing development.
• Infrastructure/Utilities: Work to ensure affordable housing opportunities are not limited by utilities or underdeveloped infrastructure.
• Movement Building: Build greater public awareness and support for affordable housing in our region through strategic communications and resident leadership. • Rapid Response: Advocate for and develop support that helps residents with emergency housing needs.
The attached resolution offers the City Council’s endorsement of the Action Plan. Staff from the Housing and Community Development Department and the Planning Department will continue to regularly coordinate with LTR in realizing the goals and objectives of the Action Plan.
ALIGNMENT WITH STRATEGIC PLANNING:
Endorsement of the LTR 2024- 26 Action Plan is consistent with Strategic Plan item 1C, “Expand Housing Affordability.”
FISCAL IMPACT:
None.
REVIEWED BY:
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Summary – Lift to Rise 2024-26 Action Plan
B. 05/23/24 Presentation – Lift to Rise 2024-26 Action Plan C. Resolution
Item 1A - Page 2
ATTACHMENT A
Item 1A - Page 3
LIFT TO RISE HOUSING COLLABORATIVE ACTION NETWORK
2024-26 ACTION PLAN
We have the plan
This Action Plan is a roadmap, charting our path for the next two years. Since 2018, Lift to Rise and the Housing Collaborative Action Network (CAN) have made tremendous strides. From mobilizing grassroots initiatives advocating for policy reform, to standing up innovative financing models, our collective efforts have yielded tangible results.
Where we go from here
OUR NORTH STAR
A future where all Coachella Valley
families are healthy, stable, and thriving.
OUR SHARED GOAL
Reduce rent burden in the Coachella Valley by 30% through the production of 10,000 units of affordable housing by 2028.
To continue this progress, we have a goal of reaching 7,500 new units of affordable housing by 2026, with an emphasis on units connected to Early Childhood Education (ECE) and improved health equity. Here is how we plan to make that happen.
PIPELINE
Encourage development by identifying 3,000 potential units a year that meet the criteria for the Affordable Housing Pipeline.
FUNDING
Address and implement solutions to solve the funding bottleneck occurring due to scarcity of low income housing tax credits.
POLICY ADVOCACY
Move policy and regulations at the local, state, and federal level to enable more affordable housing development.
INFRASTRUCTURE/UTILITIES
Work to ensure affordable housing opportunities are not limited by utilities or underdeveloped infrastructure.
MOVEMENT BUILDING
Build greater public awareness and support for affordable housing in our region through strategic communications and resident leadership development.
RAPID RESPONSE
Advocate for and develop supports that help residents with emergency housing needs.
Scan to view full
Action Plan
SHARED WINS
under construction in 2024, up
from 38 units/year pre-2018
1,200 units
in loans committed since 2021 to
11 community-prioritized projects
comprising 891 total units
$26 million
activated over the past two years
1,787 residents
Together we rise.
Item 1A - Page 4
*
To sign up for our email newsletter, RSVP for upcoming
events, or join our community-based advocacy visit
lifttorise.org/get-involved
To join the Housing CAN or learn about other ways
to be a part of Lift to Rise’s collaborative work, email [email protected]
LIFT TO RISE
Lift to Rise is a non-profit bringing together community and institutional leaders to collaboratively solve the underlying causes of poverty and inequality.
HOUSING COLLABORATIVE ACTION NETWORK (CAN)
The Housing Collaborative Action Network (CAN) is a cross-sector initiative to increase affordable housing in the Coachella Valley. The Housing CAN is anchored by Lift to Rise and Riverside County comprising 70+ partners, including elected officials and staff from Coachella Valley cities and Riverside County, affordable housing developers, non-profits, residents, funders and community development financial institutions.
Y ou have the power
Who are Lift to Rise and
the Housing Collaborative
Action Network?
RESIDENT
Make your voice heard at community meetings and public
hearings, join Lift to Rise initiatives, and share your experience to raise awareness.
DEVELOPER
Share best practices, bring awareness to technical barriers in development, and pursue creative financing models.
LOCAL GOVERNMENT STAFFER
Coordinate with Housing CAN partners and regional advocacy efforts to design and implement local pro-housing policies.
ELECTED OFFICIAL
Prioritize affordable housing in budgetary, policy, and land use decisions. Think creatively about new revenue streams to support housing, and push for community benefits.
LOCAL BUSINESS
Elevate workforce housing needs to elected officials and business groups, participate in Housing CAN meetings, support higher wages for workers.
NON-PROFIT ORGANIZATION
Collaborate with affordable housing developers, community groups, and government partners to advocate for policy changes and funding that tackle housing affordability barriers.
No matter your interests or background, you can contribute to a brighter future in the Coachella Valley. Scan the QR code for more information.
Scan to
view more
information
Photos by Noé Montes for Lift to Riselifttoriselifttorise Lift to Rise Item 1A - Page 5 n
ATTACHMENT B
Item 1A - Page 6
1 Item 1A - Page 7
A future where all Coachella Valley families
are healthy, stable, and thriving.
Reduce rent burden in the Coachella Valley
by 30% through the production of 10,000
affordable housing units by 2028.
2 Item 1A - Page 8
1,200 units
under construction in
2024, up from 38
units/year pre-2018
$26 million
in loans obligated since 2021
to 11 community prioritized
projects sparking 891 units
1,787 residents
activated over the past
two years
� u Rir nnrl lSE
3 Item 1A - Page 9t
4 Item 1A - Page 10
We have the plan.
5 Item 1A - Page 11
I I 1 11 ~
During strategic planning sessions, we identified
six key strategies of focus for the next two years.
1. Pipeline
2. Funding
3. Infrastructure
4. Policy Advocacy
5. Movement Building
6. Rapid Response
� u Rir nnrl lSE
6 Item 1A - Page 12
- ··
J
Identify 3,000 new units a year that meet
the criteria for the affordable housing
pipeline with an emphasis on those that
include connections to health and ECE and
move at least 50% of Pipeline projects to
development.
• Lift to Rise -Affordable Housing Pipeline portal
• There are many developments currently in the
Pipeline includingtwo that have received Catalyst
Fund loans from us.
� u Rir nnrl lSE
7 Item 1A - Page 13
Address the funding bottleneck occurring due to scarcity of low-income housing tax credits through increasing the lending pool of We Lift: The Coachella Valley Housing
Catalyst Fund, the creation of alternative revenue
streams, changes to the current tax credit distribution process, and innovative financing approaches.
• Lift to Rise -The We Lift: Catalyst Fund contributed to Aloe Palm Canyon, Vista Sunrise II, and term sheets have been sent out for a 6-unit community land trust homeownership opportunity program run by NPHS
• Palm Springs contributed a support letter for Lift to Rise's successful application to SCAG's REAP 2.0 program to
secure funding for the Catalyst Fund.
• We are hopeful the city will consider future investment into the Fund to keep up the momentum in production.
8 Item 1A - Page 14
Please Silence �
Your Cell Phone \.!>'
Move policy and regulation at the
municipal, state, and federal level to
enable more affordable housing
development.
• Lift to Rise works with State and Federal
legislative advocates to amplify prohousing
policies relevant to our region.
• We have eagerly supported the many
prohousing policy interventions introduced in
the city:
o TOT revenue allocation
o lnclusionaryZoning & Commercial Linkage Fees
0 TB Rental Assistance
m 1eE o ADUs
�LIRif�J�E\ ii
9 Item 1A - Page 15
Work with utility companies to ensure
affordable housing opportunities are not
limited by electric, gas, and sewer constraints.
• Housing supportive infrastructure
• Sustainable energy
• Lift to Rise is also working to get SCE, 11D, and CVWD all at the table for these discussions.
10 Item 1A - Page 16
umoRISE
The Coachella Valley
is our home.
Let's make it affordable for everyone.
Through strategic communications and
resident engagement, we will build
greater public awareness and support
for affordable housing in the region.
• Lift to Rise -Resident Engagement Team:
Resident Leadership Table, Committees by
Cities, Community Advisory Committee
• Lift to Rise - Strategic Communications Team
� u Rir nnrl lSE
11 Item 1A - Page 17
--
Advocate for a develop supports that can
help residents with emergency or chronic
housing needs.
• Lift to Rise - United Lift Rental Assistance Program
distributed more than $300 million keeping more
than 120,000 renters in their home
• Palm Springs data: $10,621,001.87 in assistance was
disbursed to 1,630 households
• Glad to see the investment into the city's own Tenant Based Rental Assistance Program!
12 Item 1A - Page 18
13 Item 1A - Page 19
You have the Power.
14 Item 1A - Page 20
I I lf I [ I I
15 Item 1A - Page 21
\·· .. ,, ·( • I •
. .
wWw.lifttorise.org .. Facebook: @LifttoRise Instagram:
ATTACHMENT C
Item 1A - Page 22
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ENDORSING THE LIFT TO
RISE 2024-26 ACTION PLAN.
WHEREAS, Lift to Rise seeks to solve the underlying causes of poverty and inequality for Coachella Valley residents; and
WHEREAS, Lift to Rise has partnered with local agencies and organizations to assist in the development of affordable housing as a means to improve the economic standards of area families; and
WHEREAS, Lift to Rise, in conjunction with its Housing Collaborative Action Network partners, has developed an updated action plan for the 2024 to 2026 planning period (“Lift to Rise 2024-26 Action Plan”); and
WHEREAS, the City of Palm Springs shares the goal of facilitating the development of affordable housing and supports collaborative partnerships in achieving that goal; and
WHEREAS, the Lift to Rise 2024- 26 Action Plan is consistent with the Housing Element of the City of Palm Springs General Plan, and partnering with Lift to Rise in the development of affordable housing will assist in the implementation of the Housing Element.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
T hat the City Council of the City of Palm Springs, California, does hereby affirm its endorsement and support of the Lift to Rise 2024-26 Action Plan.
ADOPTED THIS 13TH DAY OF JUNE, 2024.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1A - Page 23
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby 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 _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
Brenda Pree, City Clerk
City of Palm Springs, California
Item 1A - Page 24
CITY COUNCIL STAFF REPORT
DATE: JUNE 13, 2024
SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:
1. A ppoint Steve Hermann to the Administrative Appeals Board for a term ending June 30, 2025. Appoint Laura Hein and Edwin Koren to the Administrative Appeals Board for a term ending June 30, 2027. Appoint Stasik Winderbaum and Charles F. Mara as alternates to the Administrative Appeals Board with terms ending June 30, 2026.
2. Appoint Samantha McDermott to the Airport Commission for a term ending June 30, 2025. A ppoint Robert (Ken) Hedrick and Bryan Ebenst einer to the Airport Commission for a term ending June 30, 2027.
3. A ppoint Scott Nevins to the Human Rights Commission for a term ending June 30, 2027.
4. A ppoint Charlie Roddy and Meredith Fine to the Parks & Recreation Commission for a term ending June 30, 202 6. Appoint Daniel Ballister and Nancy Ferguson to the Parks & Recreation Commission for a term ending June 30, 2027.
5. A ppoint Lauri Kibby to the Public Arts Commission for a term ending June 30, 2026.
Appoint Natasia Gascon to the Public Arts Commission for a term ending June 30, 2027.
BACKGROUND:
The City Council appointed Mayor Bernstein and Mayor Pro Tem deHarte to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions . At this time, all Boards and Commissions seats have been filled, with the exception of one (1) vacancy within the Human Rights Commission with a term ending June 30, 2025; and one (1) vacancy within the Sustainability Commission with a term ending June 30, 2026. The next open recruitment is scheduled between March 2025 through April 2025.
FISCAL IMPACT:
None.
Item 1B - Page 1
City Council Staff Report
June 13, 2024 -- Page 2
Appointments to Various Boards and Commissions
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Board & Commission Rosters
Item 1B - Page 2
ATTACHMENT A
Item 1B - Page 3
Administrative Appeals Board
Member Original Appointment Expires
Patrick Basile* April 8, 2021 June 30, 2027
David Parker June 29, 2023 June 30, 2026
Steve Hermann June 13, 2024 June 30, 2025
Laura Hein June 13, 2024 June 20, 2027
Edwin Koren June 13, 2024 June 30, 2027
Stasik Winderbaum (Alt.) June 13, 2024 June 30, 2026 Charles F. Mara (Alt.) June 13, 2024 June 30, 2026
Airport Commission
Member Original Appointment Expires
Kathleen Hughes, City of La Quinta June 21, 2017 June 30, 2024 Keith Young, City of Rancho Mirage March 2, 2023 July 1, 2027 Tony Michaelis, City of Cathedral City Jan. 12, 2023 June 30, 2024 Kevin Wiseman, City of Palm Desert Jan. 13, 2022 June 30, 2025 Jan Pye, City of Desert Hot Springs July 11, 2018 January 17, 2025 Denise Delgado, City of Coachella Jan. 25, 2023 January 25, 2025 Rick Wise, City of Indio April 1, 2023 April 1, 2026
Margaret Park, County of Riverside July 01, 2023 June 30, 2026 Robert Berriman, City of Indian Wells July 01, 2023 June 30, 2026 Kevin Corcoran* Dec. 19, 2018 June 30, 2027
Todd Burke* June 19, 2019 June 30, 2025
David Feltman* June 19, 2019 June 30, 2025
Tracy Martin May 25, 2023 June 30, 2026
Daniel Caldwell May 25, 2023 June 30, 2026
J Craig Fong May 25, 2023 June 30, 2026
Dave Banks Sept. 14, 2023 June 30, 2026
Samantha McDermott June 13, 2024 June 30, 2025
Robert (Ken) Hedrick June 13, 2024 June 30, 2027
Bryan Ebensteiner June 13, 2024 June 30, 2027
Human Rights Commission
Member
Original Appointment Expires
Hugo Loyola June 24, 2021 June 30, 2027
David Vignolo* April 8, 2021 June 30, 2026
Oliver Cleary* April 8, 2021 June 30, 2026
Beverly Greer May 25, 2023 June 30, 2026
Michael MJ Horne May 25, 2023 June 30, 2026
Carlotta Rinke May 25, 2023 June 30, 2026
Bobby T. Rimas Sept. 26, 2023 June 30, 2026
Scott Nevins June 13, 2024 June 30, 2027
VACANT June 30, 2025
Item 1B - Page 4
Parks & Recreation Commission
Member Original Appointment Expires
Michael Finland* July 22, 2021 June 30, 2027
John Miraglia* April 8, 2021 June 30, 2027
Johnny Coladonato* March 7, 2018 June 30, 2025
Donald Admire May 25, 2023 June 30, 2026
Jodi Diaz (PSUSD) July 10, 2023 June 30, 2026
Rod Davis July 24, 2023 June 30, 2026
Jase Nagaia Sept. 14, 2023 June 30, 2026
Charlie Roddy June 13, 2024 June 30, 2026
Meredith Fine June 13, 2024 June 30, 2026
Daniel Ballister June 13, 2024 June 30, 2027
Nancy Ferguson June 13, 2024 June 30, 2027
Public Arts Commission
Member
Original Appointment Expires
Gary Armstrong* June 24, 2021 June 30, 2027
Shawnda Thomas Faveau* Feb. 13, 2020 June 30, 2025
Christopher Ramirez May 25, 2023 June 30, 2026
Carlos Silveira June 29, 2023 June 30, 2026
Tom Burns June 29, 2023 June 30, 2026
Lauri Kibby June 13, 2024 June 30, 2026
Natasia Gascon June 13, 2024 June 30, 2027
*Not eligible for reappointment to a subsequent full term, PSMC 2.06.010 (c) Item 1B - Page 5
CITY COUNCIL STAFF REPORT
DATE: JUNE 13, 2024 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2024
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting Department
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of May 1 through May 31, 2024.
STAFF ANALYSIS:
The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $75,000 or less, and certain other amendments and change orders as previously approved by the City Council.
Palm Springs Municipal Code §7.02.030(l) requires a monthly report be submitted to the City Manager.
The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement and Contracting Department.
REVIEWED BY:
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:
A. City Manager or designee authorized agreements for May 2024 B. Purchase orders for May 2024
Item 1C - Page 1
==========__J __ ====f====--
ATTACHMENT A
Item 1C - Page 2
STAFF AUTHORIZED AGREEMENTS
MAY 1, 2024 - MAY 31, 2024
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
24I098 FACILITATION SVCS FOR 2025 CITY COUNCIL RETREAT RAFTELIS FINANCIAL CONSULTANTS INC $18,900.00 24I104 COMMUNICATIONS CONSULTING & GOVERNMENT
ENGAGEMENT
TREVOR J DALEY $10,000.00
24I102 PALM SPRINGS FIRE DEPT EQUIPMENT MOVE AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$1,647.71
24I110 INSTALLATION OF CABLE RUN FROM PSP PG#23 TO
IDF
PRECISION TECHNOLOGIES $3,411.86
24F100 FAÇADE IMPROVEMENT GRANT AGREEMENT RUG AND LOOM $7,500.00 24F107 FAÇADE IMPROVEMENT GRANT TO REPLACE
MONUMENT SIGN DAMAGED BY MOTORIST
SHADROW FAMILY TRUST $4,250.00
RECREATION
DEPARTMENT
24I112 CHARTER BUS SERVICES FOR SUMMER CAMP TRIPS-
2024
LIN LINES, INC. $22,750.00
24S105 FLYMYAIRPORT 2 YEAR SUBSCRIPTION AIRPORT ONE, LLC $49,800.00 24I109 CHECKPOINT EXPANSION AND LANE ADDITIONS LEIDOS, INC. $40,594.00 24I093 GLASS DOOR REPAIR & REPLACEMENT PALM SPRINGS MIRROR AND GLASS INC $9,259.00 24I103 WINDOW FILM INSTALLATION SERVICES WINDOW FILM DEPOT INC $5,660.00 24I106 PROCUREMENT AND INSTALLATION OF WOOD CHIPS
AT BARISTO PARK
MAURICIO ARELLANO MARTINEZ DBA
BEST WOOD CHIPS LLC
$7,510.50
24I113 EXTERIOR DOOR REPLACEMENT PALM SPRINGS MIRROR AND GLASS INC $10,000.00
AVIATION DEPARTMENT
FACILITIES
MAINTENANCE
A/CITY MANAGER ADMIN
INFO TECHNOLOGY
COMMUNITY &
ECONOMIC DEV.
Item 1C - Page 3
ATTACHMENT B
Item 1C - Page 4
Purchase Orders
May 1, 2024 - May 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001660 A9324 BOOKSHELF, FILE CABINET, SHELVES FOR
COMMUNICATION
ODP BUSINESS SOLUTIONS $2,351.76
24001706 24I098 FACILITATION SVCS, 2025 CITY COUNCIL RETREAT RAFTELIS FINANCIAL CONSULTANTS INC $18,900.00 24001748 24I104 COMMUNICATIONS CONSULTING & GOVNMT
ENGMNT
TREVOR J DALEY $10,000.00
24001640 24I085 ENERGOV SUPPORT PARK CONSULTING GROUP INC $9,800.00 24001642 A9194 REPLACEMENT CHARGERS AND WEBCAMS DELL MARKETING LP $2,332.11 24001645 TSA CAMERA REPLACEMENT B & H PHOTO $2,064.29
24001650 24I088 SMARTSHEET DELIVERY SERVICES DIGITALRADIUS $45,470.00 24001666 CISCO JET BRIDGE SWITCHES IT1 SOURCE LLC $40,360.31 24001669 A9194 APC SMART-UPS REPLACEMENT DELL MARKETING LP $1,194.10 24001670 A9194 PRECISION 3660 TOWER FOR GIS ANALYST DELL MARKETING LP $2,524.70 24001674 A9194 FORTINET FORTIGATE 601F DELL MARKETING LP $55,871.13 24001694 NETWORK SWITCHES PD AND CH WAN EDGE IT1 SOURCE LLC $66,202.80 24001695 24I091 PSP LEO'S OFFICE MOVE CABLING PRECISION TECHNOLOGIES $6,097.94 24001698 CANVA TEAMS SUBSCRIPTION LICENSE CANVA US INC $7,423.20 24001699 PLOTTER INK FOR PD AND CH B & H PHOTO $477.99 24001700 PRINTER INK FOR COMMUNICATIONS DEPT. B & H PHOTO $782.75 24001703 CISCO CATALYST 9300S FOR AIRPORT WIFI IT1 SOURCE LLC $65,241.29 24001705 A5359 CYRUN SOFTWARE AND MAINTENANCE RENEWAL CYRUN $72,890.00 24001717 24I084 OCE PLOTWAVE 3000 ARC DOCUMENT SOLUTIONS LLC $19,980.18 24001718 CAT6A CABLES FOR DATA CENTER FS COM INC $3,425.02 24001719 BALT VISIONARY BOARD CDW GOVERNMENT INC $367.86 24001721 FLEXCLIP SOFTWARE SUBSCRIPTION PEARL MOUNTAIN LTD $503.75 24001731 NAVIGATION CENTER AP MOUNTING BRACKETS IT1 SOURCE LLC $8,812.42 24001734 ETHERNET PATCH CABLES MONOPRICE INC $759.22
24001736 ACT! CRM SOFTWARE 3 YEAR SUBSCRIPTION ACT! LLC $405.00 24001737 PSP AP BRACKETS IT1 SOURCE LLC $10,427.10
24001738 IPAD FOR CLERKS OFFICE CDW GOVERNMENT INC $1,815.23 24001757 RAPID7 TWO YEAR RENEWAL IT1 SOURCE LLC $33,484.80 24001759 A9194 LATITUDE 7030 RUGGED DELL MARKETING LP $7,503.45 24001760 PSP - FORTINET RENEWAL BLACK DIAMOND SOLUTIONS $12,595.38 24001761 HAVIS DASH MOUNT CODE 3 TECHNOLOGY LLC $555.06 CITY CLERK 24001647 24C053 AGENDA MANAGEMENT SOFTWARE - GRANICUS CARAHSOFT TECHNOLOGY CORPORATION $34,414.77 24001664 24P065 COMPREHENSIVE FEE STUDY WILLDAN FINANCIAL SERVICES $38,745.00 24001665 24P068 PROVIDE UTILITY USERS TAX AUDIT (UUT) GOVERNMENT REVENUE SOLUTIONS
HOLDING I LLC
$48,500.00
A/CITY MANAGER ADMIN
FINANCE DEPARTMENT
INFO TECHNOLOGY
Item 1C - Page 5
Purchase Orders
May 1, 2024 - May 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001692 A9329 DISTRICT ADMIN, TAX ROLL BILLING & RELATED SRVCS SCI CONSULTING GROUP $38,750.00
PROCUREMENT &
CONTRACTING
24001659 POLICY KEENAN INSURANCE: ADDING 7 PIECES OF ART KEENAN AND ASSOCIATES $166.00
PARKS MAINTENANCE
MECHANICS
24001730 24I106 PURCHASE AND INSTALLATION OF WOOD CHIPS -
BARISTO
MAURICIO ARELLANO MARTINEZ $7,510.50
24001696 FOAM CORE SIGNS FOR RECREATION MASTER PLAN
WORSHOP #2
ROADRUNNER PRINTING AND SHIPPING
LLC
$550.64
24001697 ROAD CLOSURE ADVANCE WARNING SIGNS T OPS N BARRICADES INC $1,610.00 24001720 SUMMER CAMP CHIC A POO T-SHIRTS B C PRINT AND CO $2,121.85 24001722 SUMMER CAMP T-SHIRTS S CARLIGHT LLC $1,260.54
24001724 A9379 ROAD CLOSURE EQUIPMENT FOR SPECIAL EVENT TOPS N BARRICADES INC $400.00 24001755 OBS TACLE COURSE COMMERCIAL RECREATION SPECIALISTS INC
$12,389.40
23000250 A9172 FORENSIC NURSING SERVICES AMERICAN FORENSIC NURSES INC $74,500.00 24001648 HANDHELD LASER ENGRAVER C ARPENTERS TIME CENTER $6,642.40 24001685 A9324 2 DRAWER FILE CABINET ODP BUSINESS SOLUTIONS $480.90 24001707 RADAR DEVICE - 2 ARMADILLO TRACKERS N OR CAL SIGNAL SUPPLY LLC $6,699.63 24001708 RANGE MATERIALS A CTION TARGETS INC $1,249.77
24001661 GAS MONITORS BAUER COMPRESSORS $5,979.50
24001747 PVC HARD SUCTION HOSE L N CURTIS AND SONS $4,175.32 24001756 A9276 VP8000 DUAL BAND RADIOS AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$54,818.59
PLANNING 24001693 A8516 ON-CALL ARCHITECTURAL HISTORIAN SERVICES ARCHITECTURAL RESOURCES GROUP $8,600.00 BUILDING & SAFETY 24001686 24I087 MONTHLY CAR WASH SERVICES FOR 4 B&S VEHICLES GERGIS YOUSEF $1,500.00 24000333 23P041 CP 21-28, CWA SERVICES TSG ENTERPRISES, INC. $8,040.00 24001649 A8342 AIRPORT TRAFFIC SURVEY/STOP WARRANT ANALYSI KIMLEY HORN AND ASSOCIATES INC $33,700.00 24001704 A8342 TRAFFIC SIGNAL UTILITIES DATA INVESTIGATION KIMLEY HORN AND ASSOCIATES INC $35,000.00 24001155 23B363 PSP AIRFIELD WEED REMOVAL SERVICES DEANGELO CONTRACTING $46,585.26 24001637 23B364 PSP FLOOR REPLACEMENT WESTJET/SCREENING GENESIS FLOOR COVERING INC $57,484.00 24001638 23B121 PSP GOPHER CONTROL UNIVERSAL GREEN LLC $10,550.00 24001651 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $1,665.83 24001652 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $208.05 24001653 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS HINGEWERKS COMMERCIAL DOORS INC. $2,800.00 24001663 23S140 PSP ADVERTISING/PROMOTIONS PALM SPRINGS CHAMBER OF COMMERCE $5,000.00
AVIATION DEPARTMENT
ENGINEERING - PUBLIC
WORKS
FIRE DEPARTMENT
POLICE DEPARTMENT
RECREATION
DEPARTMENT
Item 1C - Page 6
Purchase Orders
May 1, 2024 - May 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001673 23B225 AIRCRAFT AND AIRPORT EQUIPMENT, PARTS, AND
SUPPLIE
GRANITE CONSTRUCTION COMPANY $74,160.00
24001675 23I146 PSP CARPET CLEANING SERVICES BUBBLE CARPET CLEANING LLC $7,387.20 24001676 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $8,624.39 24001687 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $211.85 24001688 23C004 PSP ELEVATOR/ ESCALATOR SERVICE TK ELEVATOR CORPORATION $1,557.66 24001709 PSP ADVERTISING/PROMOTIONS MORONGO BASIN BROADCASTING
CORPORATION
$4,505.00
24001714 23C004 PSP ELEVATOR/ ESCALATOR SERVICE TK ELEVATOR CORPORATION $6,933.51 24001715 A9183 PSP FIRE ALARM SERVICE JOHNSON CONTROLS US HOLDINGS LLC $6,000.00 24001716 23P202 PSP IFE DESIGN BREACH GATE REPLACEMENT ACCENTURE LLP $5,200.00 24001725 PSP ADVERTISING TELEVISION NPG BROADCAST/GULF CALIFORNIA
BROADCAST CO
$24,501.25
24001726 PSP ADVERTISING RADIO RM BROADCASTING LLC $11,101.85 24001727 PSP ADVERTISING/ RADIO SBR BROADCASTING CORP $9,790.00 24001728 PSP ADVERTISING/ RADIO ALPHA MEDIA LLC $9,900.80 24001729 PSP ADVERTISING/ RADIO INLAND EMPIRE BROADCASTING CORP $40,210.00 24001735 PSP ROUNDTABLE SPONSORSHIP THE QUOTIENT GROUP $10,000.00 24001740 A8470 PSP HVAC CONTROL MODULES ENGIE SERVICES U.S. INC. $4,518.00 24001741 A8470 PSP HVAC CONTROL MODULES ENGIE SERVICES U.S. INC. $2,001.00 24001742 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $211.85 24001643 A9071 SUNRISE PARK WATER LEAK; REPLACE PLUMBING,
CONCRET
KINCAID INDUSTRIES INC $2,866.68
24001644 A9065 REMOVE DOOR; INSTALL PANIC DEVICE; E. TAHQ DOORS
VALLEY LOCK AND SAFE $3,178.36
24001658 AUTOMATIC TRANSFER SWITCH FOR FIRE STATION 2 ASCO POWER SERVICES INC $9,530.97 24001671 A9065 INSTALL PANIC DEVICE 3111 E TAHQUITZ. VALLEY LOCK AND SAFE $3,178.36 24001677 24B022 ASBESTOS SURVEY VICTORIA PARK RESTROOMS TERRACON CONSULTANTS INC $2,448.00 24001701 24I093 GLASS DOOR REPAIR AND REPLACEMENT PALM SPRINGS MIRROR AND GLASS $9,259.00 24001702 24I103 WINDOW FILM INSTALLATION SERVICES WINDOW FILM DEPOT INC $5,660.00 24001713 A9065 INSTALL LOCKSETS CITY WIDE VALLEY LOCK AND SAFE $10,036.60 24001732 A9136 FIRE STATION 1 DEMO AND DRYWALL INSTALLATION PUB CONSTRUCTION INC $26,875.50 24001739 24B022 ASBESTOS SURVEY FIRE STATION #5 RESTROOMS TERRACON CONSULTANTS INC $2,596.00 24001752 A9136 INSTALL PARTITION WALL CITY HALL RESTROOMS PUB CONSTRUCTION INC $2,400.05 24001753 A9082 BOOM LIFT RENTAL UNITED RENTALS $3,457.50 24001754 A9069 FIRE STATION 5 DUCT CLEANING ALLISON MECHANICAL INC $17,077.50 24001586 24B022 LEAD AND ASBESTOS TESTING FS#1 TERRACON CONSULTANTS INC $2,448.00FLEET OPERATIONS
FACILITIES
MAINTENANCE
Item 1C - Page 7
Purchase Orders
May 1, 2024 - May 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001655 A9241 COLLISION REPAIR AIRPORT UNIT 306 J & L AUTO BODY INC $9,016.62 24001667 4 TRAILER MOUNTED PRESSURE WASHERS TIM WALLEN / ALL AMERICAN CLEANING $65,653.13 24001672 A9071 IRRIGATION LINE RELOCATION AT VICTORIA PARK KINCAID INDUSTRIES INC $31,691.39 24001678 23C360 MULTIPLE REPAIRS ON PD UNIT #085 FIESTA FORD INC $2,079.24 24001679 23B046 ANNUAL FIRE EXTINGUISHER SVS/MAINT FOR CVEP BUILDI
DESERT FIRE EXTINGUISHER CO INC $200.00
24001680 COOLER PADS FOR EVAP COOLERS ON ROOF AT MUNI
PLANT
REFRIGERATION SUPPLIES DISTRIBUTOR $1,164.39
24001681 23B046 FIRE EXTINGUISHER SERVICE FOR DESERT HIGHLAND, DEM
DESERT FIRE EXTINGUISHER CO INC $1,092.27
24001682 23B046 INSTALLATION OF NEW FIRE PROTECTION AT 2901 E ALEJ
DESERT FIRE EXTINGUISHER CO INC $2,598.59
24001689 A9190 TOW SERVICE MOHICA TOWING $3,500.00
24001690 A9186 CHEMICAL REPLENISHMENT FOR LIBRARY, PAVILION AND L
NALCO COMPANY $7,182.53
24001691 23C078 EMERGENCY GENERATOR REPAIR QUINN COMPANY $10,000.00 24001711 23C360 ALIGNMENT AND TIRES/REPAIRS ON UNIT # 709 FIESTA FORD INC $805.99 24001712 23B046 FIRE EXTINGUISHER SERVICE/MAINTENANCE/REPAIRS ON M
DESERT FIRE EXTINGUISHER CO INC $10,000.00
24001723 23C360 REPAIRS TO UNIT 211 FIESTA FORD INC $1,546.15 24001733 BOLLARD LED LIGHT KITS FOR PS ANIMAL SHELTER DESERT ELECTRIC SUPPLY $6,533.15 24001743 23S057 PUMP TEST AND REPAIR FOR FRONT LINE FIRE UNIT #252
SOUTH COAST LLC $9,984.53
24001744 A9071 PUMP GREASE INTERCEPTOR AND HYDROJET LINES AT BARI
KINCAID INDUSTRIES INC $6,706.84
24001745 A9186 CHEMICAL REPLENISHMENT FOR MUNI AND SUNRISE PLANTS
NALCO COMPANY $7,220.62
24001746 23S076 PUMP SYSTEM PLANNED MAINTENANCE PROGRAM PMP
PUMPMAN HOLDINGS LLC $8,152.00
24001749 23S057 EMERGENCY REPAIRS ON UNIT 1ARF52 (FRAME) SOUTH COAST LLC $113.97 24001750 23C360 GLASS REPLACEMENT UNIT 601 FIESTA FORD INC $2,194.03 24001751 23C360 GLASS REPLACEMENT UNIT 032 FIESTA FORD INC $2,308.22 24001758 A9077 CITY WIDE ROOF REPAIRS AL MILLER AND SONS ROOFING INC $8,000.00 24001646 SOD FOR PARKS (JOJ, VICTORIA, RUTH HARDY,
BARISTO, & DEMUTH)
WEST COAST TURF $5,193.54
24001656 A9248 CONCRETE FOR 950 N FARRELL DR HI GRADE MATERIALS CO $669.65 24001657 A9248 CONCRETE FOR 830 N RIVERSIDE DR HI GRADE MATERIALS CO $669.65 24001662 24B021 STRIPING CITYWIDE SUPERIOR PAVEMENT MARKINGS INC $37,498.00
STREETS MAINTENANCE
Item 1C - Page 8
Purchase Orders
May 1, 2024 - May 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001683 TOPSOIL FOR PARKS (BARISTO & DEMUTH) SOUTHWEST BOULDER AND STONE INC $4,773.14 24001684 TOPSOIL FOR PARKS (JOJ & VICTORIA) SOUTHWEST BOULDER AND STONE INC $4,773.14 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.
Item 1C - Page 9
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 05- 11-24 AND 05 -25-24 TOTALING
$4,565,928.75 AND ACCOUNTS PAYABLE WARRANTS
DATED 05-09-24 AND 05-23-24 TOTALING $19,047,082.04,
IN THE AGGREGATE AMOUNT OF $ 23,613,010.79,
DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and
WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 13TH DAY OF JUNE, 2024
.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1D - Page 1
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby 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 _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 1D - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
FLEX SAVINGS ACCOUNT
TOTAL 2,312,165.01
DEFERRED COMP: NATIONWIDE 30,683.79
ICMA RHS CONTRIBUTION 25,687.50
CA DCCS 4,148.30
DEFERRED COMP: ICMA 457 55,730.00
LIABILITY CHECK REGISTER 2016899-2016912 25,855.14
PAYROLL DIRECT DEPOSITS 1,675,909.39
FEDERAL TAXES 323,682.07
STATE TAXES 109,588.75
13,897.77
VENDOR WIRE PYMTS 6,127.47
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422656, 422671-422688 40,854.83
PAY DATE 5/17/2024
June 13, 2024
PAYROLL PERIOD ENDING 5/11/2024
06 13 24 (2) Payroll Wires and Warrants Memo for PPE 051124 | 06132024 |6/6/2024 | 10:50 AM (AM) 1 | 1 Item 1D - Page 3
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
FLEX SAVINGS ACCOUNT
PAY DATE 5/31/2024
June 13, 2024
PAYROLL PERIOD ENDING 5/25/2024
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422689-422699 24,436.56
DEFERRED COMP: ICMA 457 -
LIABILITY CHECK REGISTER 2017192-2017194 1,272.51
PAYROLL DIRECT DEPOSITS 1,781,578.95
FEDERAL TAXES 331,534.03
STATE TAXES 113,152.51
259.33
VENDOR WIRE PYMTS 153.54
DEFERRED COMP: NATIONWIDE -
ICMA RHS CONTRIBUTION -
CA DCCS 1,376.31
TOTAL 2,253,763.74
06 13 24 (3) Payroll Wires and Warrants Memo for PPE 052524 | 06132024 (2) |6/6/2024 | 10:50 AM (AM) 1 | 1 Item 1D - Page 4
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/09/2024 10:52
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016621 05/09/2024 PRINTED 104562 2900 EAST RAMON ROAD LLC 4,210.46 2016622 05/09/2024 PRINTED 100024 ACE PRINTING 522.22 2016623 05/09/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 28,005.87 2016624 05/09/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2016625 05/09/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 200,305.83 2016626 05/09/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 9,805.92 2016627 05/09/2024 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 495.00 2016628 05/09/2024 PRINTED 016399 GRANT ALEXANDER 573.86 2016629 05/09/2024 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 2,935.72 2016630 05/09/2024 PRINTED 100912 ALPHA MEDIA LLC 1,848.00 2016631 05/09/2024 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 14,829.40 2016632 05/09/2024 PRINTED 101245 THE ALTUM GROUP 7,848.75 2016633 05/09/2024 PRINTED 100572 AMAZON COM 421.60 2016634 05/09/2024 PRINTED 103781 AMAZON.COM SALES INC 6,392.82 2016635 05/09/2024 PRINTED 104824 AMERICANA GARDENS 2,767.07 2016636 05/09/2024 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2016637 05/09/2024 PRINTED 104787 AVON PROTECTION SYSTEMS I 377.98 2016638 05/09/2024 PRINTED 016117 CODY AYOTTE 382.00 2016639 05/09/2024 PRINTED 100413 B & H PHOTO 4,680.63 2016640 05/09/2024 PRINTED 100203 BARBARA SINATRA CHILDRENS 462.00 2016641 05/09/2024 PRINTED 101049 MARY BARSALEAU 1,316.00 2016642 05/09/2024 PRINTED 104386 BERG AND ASSOCIATES INC 18,120.18 2016643 05/09/2024 PRINTED 101488 BIO SOCAL 395.00 2016644 05/09/2024 PRINTED 100366 BIO TOX LABORATORIES 2,468.00 2016645 05/09/2024 PRINTED 101430 BLACK HILLS AMMUNITION 8,925.00 2016646 05/09/2024 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 582,386.44 2016647 05/09/2024 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 104,188.00 2016648 05/09/2024 PRINTED 101301 BRIGHTLY SOFTWARE INC 37,178.05 2016649 05/09/2024 PRINTED 100128 BRODART CO 15,111.14 2016650 05/09/2024 PRINTED 101331 BRUCE BOWER INVESTIGATION 5,221.10 2016651 05/09/2024 PRINTED 104497 CALIFORNIA PPE RECON INC 27,261.09 2016652 05/09/2024 PRINTED 100023 CA PUBLIC EMPLOYEES RETIR 6,035.13 2016653 05/09/2024 PRINTED 103604 CAROLLO ENGINEERS INC 17,078.56 2016654 05/09/2024 PRINTED 104603 SAN MACEDONIO CO LP 8,520.00 2016655 05/09/2024 PRINTED 101837 CASC ENGINEERING AND CONS 16,060.00 2016656 05/09/2024 PRINTED 016211 LOIS CASMAN 1,216.52 2016657 05/09/2024 PRINTED 100112 CDW GOVERNMENT INC 398.32 2016658 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 1,182.84 2016659 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 254.97 2016660 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2016661 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 1,282.41 2016662 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2016663 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2016664 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 209.49 2016665 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 388.56 2016666 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2016667 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 109.99 2016668 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2016669 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2016670 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016671 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016672 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 Item 1D - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/09/2024 10:52
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016673 05/09/2024 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2016674 05/09/2024 PRINTED 103534 CHATTEL, INC 1,020.00 2016675 05/09/2024 PRINTED 100558 CINTAS CORPORATION 404.12 2016676 05/09/2024 PRINTED 100558 CINTAS CORPORATION 223.01 2016677 05/09/2024 PRINTED 100573 CLEAN ENERGY FUELS 1,994.54 2016678 05/09/2024 PRINTED 101771 CMS COMMUNICATIONS INC 1,297.60 2016679 05/09/2024 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 2,824.00 2016680 05/09/2024 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 94,182.54 2016681 05/09/2024 PRINTED 104778 COMMONWEALTH BUSINESS BAN 33,410.00 2016682 05/09/2024 PRINTED 103406 COMMUNITY WORKS DESIGN GR 2,477.29 2016683 05/09/2024 PRINTED 101238 CONSERVE LANDCARE LLC 104,208.85 2016684 05/09/2024 PRINTED 104051 CONVERGINT TECHNOLOGIES L 8,905.00 2016685 05/09/2024 PRINTED 100258 COPWARE INC 9,120.00 2016686 05/09/2024 PRINTED 104822 CUTBERTO RIOS CORRALES 65.00 2016687 05/09/2024 PRINTED 100490 COACHELLA VALLEY CONSERVA 1,530.00 2016688 05/09/2024 PRINTED 104013 DAILEY AND WELLS COMMUNIC 540.79 2016689 05/09/2024 PRINTED 100115 DANIELS TIRE SERVICE INC 2,944.51 2016690 05/09/2024 PRINTED 100318 DATA TICKET INC 4,003.67 2016691 05/09/2024 PRINTED 104528 DATASTREAM CABLING AND BU 19,254.16 2016692 05/09/2024 PRINTED 100265 DELL MARKETING LP 80,608.43 2016693 05/09/2024 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 386.00 2016694 05/09/2024 PRINTED 103589 DESERT ARC 665.00 2016695 05/09/2024 PRINTED 100048 DESERT FIRE EXTINGUISHER 2,442.06 2016696 05/09/2024 PRINTED 104692 DESERT HIGHLANDS ASSOCIAT 3,321.00 2016697 05/09/2024 PRINTED 100580 DESERT PROMOTIONAL EMBROI 899.91 2016698 05/09/2024 PRINTED 100676 DIVISION OF THE STATE ARC 489.60 2016699 05/09/2024 PRINTED 101244 DOWNS ENERGY 37,857.19 2016700 05/09/2024 PRINTED 100393 GERGIS YOUSEF 5,142.08 2016701 05/09/2024 PRINTED 100984 DTPS C-15 LLC 3,376.53 2016702 05/09/2024 PRINTED 101179 MARIANA DUSPIVA 1,785.00 2016703 05/09/2024 PRINTED 100054 DESERT WATER AGENCY 1,166.39 2016704 05/09/2024 PRINTED 100054 DESERT WATER AGENCY 15,646.48 2016705 05/09/2024 PRINTED 100054 DESERT WATER AGENCY 72.02 2016706 05/09/2024 PRINTED 100054 DESERT WATER AGENCY 58,366.96 2016707 05/09/2024 PRINTED 100054 DESERT WATER AGENCY 1,619.84 2016708 05/09/2024 PRINTED 104292 EASYBADGES LLC 738.00 2016709 05/09/2024 PRINTED 100090 EBSCO 156.75 2016710 05/09/2024 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2016711 05/09/2024 PRINTED 101662 ECS IMAGING INC 29,263.80 2016712 05/09/2024 PRINTED 101293 ENGIE SERVICES U.S. INC. 14,518.00 2016713 05/09/2024 PRINTED 100274 ENGINEERING RESOURCES OF 13,440.00 2016714 05/09/2024 PRINTED 100300 ESRI 38,500.00 2016715 05/09/2024 PRINTED 015933 FLINN FAGG 2,315.19 2016716 05/09/2024 PRINTED 100369 FAIR HOUSING COUNCIL OF R 4,393.07 2016717 05/09/2024 PRINTED 100081 FEDERAL EXPRESS CORPORATI 248.83 2016718 05/09/2024 PRINTED 016242 ANTHONY FELT IV 493.65 2016719 05/09/2024 PRINTED 103451 FIESTA FORD INC 924,557.98 2016720 05/09/2024 PRINTED 104789 FLOCK GROUP INC 700.00 2016721 05/09/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.56 2016722 05/09/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 10,945.04 2016723 05/09/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,088.78 2016724 05/09/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 475.90 Item 1D - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/09/2024 10:52
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016725 05/09/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 73.58 2016726 05/09/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 160.48 2016727 05/09/2024 PRINTED 103920 FUEL PROS INC 1,120.09 2016728 05/09/2024 PRINTED 100158 GALLS LLC 1,719.50 2016729 05/09/2024 PRINTED 100158 GALLS LLC 1,294.79 2016730 05/09/2024 PRINTED 104814 NICHOLAS GATTI 65.00 2016731 05/09/2024 PRINTED 100169 GENSLER 102,547.41 2016732 05/09/2024 PRINTED 103948 PUSH MEDIA INC 92,898.26 2016733 05/09/2024 PRINTED 100536 GLS US A/R 70.14 2016734 05/09/2024 PRINTED 103824 GOVOS INC 7,500.00 2016735 05/09/2024 PRINTED 100313 GRANICUS INC 1,745.00 2016736 05/09/2024 PRINTED 016554 DEAN GRUBL 118.39 2016737 05/09/2024 PRINTED 101672 GULF CALIFORNIA BROADCAST 250.00 2016738 05/09/2024 PRINTED 104823 MIRIAM GUZMAN 294.00 2016739 05/09/2024 PRINTED 101535 HINGEWERKS COMMERCIAL DOO 11,371.08 2016740 05/09/2024 PRINTED 104373 HR GREEN PACIFIC INC 6,807.00 2016741 05/09/2024 PRINTED 104722 WAYNE MCAFEE 4,700.00 2016742 05/09/2024 PRINTED 101421 IMPRESSION DESIGN GROUP 350.00 2016743 05/09/2024 PRINTED 101421 IMPRESSION DESIGN GROUP 881.13 2016744 05/09/2024 PRINTED 101421 IMPRESSION DESIGN GROUP 7,930.21 2016745 05/09/2024 PRINTED 100483 INFOSAT 226.38 2016746 05/09/2024 PRINTED 016543 FRANCIS J INGRASSIA 905.90 2016747 05/09/2024 PRINTED 101486 INNOVATIVE EMERGENCY EQUI 592.69 2016748 05/09/2024 PRINTED 104801 INNOVATIVE USERS GROUP 110.00 2016749 05/09/2024 PRINTED 101547 INTELLIGENT VIDEO SOLUTIO 2,268.00 2016750 05/09/2024 PRINTED 101727 IRON MOUNTAIN 13,543.86 2016751 05/09/2024 PRINTED 104815 FOXTIDWELL THERESA IVORY 89.00 2016752 05/09/2024 PRINTED 104825 THE LAW OFFICE OF JOHNSON 500,000.00 2016753 05/09/2024 PRINTED 016456 JEREMY KEATING 164.82 2016754 05/09/2024 PRINTED 100336 KEENAN AND ASSOCIATES 720.00 2016755 05/09/2024 PRINTED 104810 TAE KIM 6,125.00 2016756 05/09/2024 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 37,950.00 2016757 05/09/2024 PRINTED 101606 KINCAID INDUSTRIES INC 71,217.81 2016758 05/09/2024 PRINTED 101200 KOA CORPORATION 104,300.00 2016759 05/09/2024 PRINTED 101785 KRONOS 320.68 2016760 05/09/2024 PRINTED 101475 LA PRENSA HISPANA INC 1,350.00 2016761 05/09/2024 PRINTED 101002 LAW OFFICE OF JEFF M YOSS 11,000.00 2016762 05/09/2024 PRINTED 101309 LNRS DATA SERVICES INC. 1,833.61 2016763 05/09/2024 PRINTED 100849 MANSFIELD POWER AND GAS L 52,303.61 2016764 05/09/2024 PRINTED 101513 MARTHA'S VILLAGE AND KITC 352,451.48 2016765 05/09/2024 PRINTED 104269 MEAD AND HUNT INC 65,154.08 2016766 05/09/2024 PRINTED 016290 DANIEL MEIER 1,492.17 2016767 05/09/2024 PRINTED 101798 MIDWEST TAPE INC 2,362.80 2016768 05/09/2024 PRINTED 100266 MIRACLE RECREATION EQUIPM 297,222.07 2016769 05/09/2024 PRINTED 104818 MOBILE MODULAR 6,227.25 2016770 05/09/2024 PRINTED 103896 MOHAWK COMMERCIAL INC 13,082.64 2016771 05/09/2024 PRINTED 100079 MOHICA TOWING 2,943.00 2016772 05/09/2024 PRINTED 104617 STERLING ASSETS MANAGEMEN 3,468.00 2016773 05/09/2024 PRINTED 104134 MOORE FENCE COMPANY INC 7,481.44 2016774 05/09/2024 PRINTED 016359 JOSUE MOREJON 1,125.89 2016775 05/09/2024 PRINTED 101855 MOTOWORX GARAGE 6,104.44 2016776 05/09/2024 PRINTED 101304 MWH CONSTRUCTORS INC 63,596.68 Item 1D - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/09/2024 10:52
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016777 05/09/2024 PRINTED 104507 17834 BURBANK INVESTMENTS 3,375.00 2016778 05/09/2024 PRINTED 016222 MITCHELL NABHAN 780.77 2016779 05/09/2024 PRINTED 101211 NAI CONSULTING 9,603.00 2016780 05/09/2024 PRINTED 103465 DESERT AREA CORPORATION 181.44 2016781 05/09/2024 PRINTED 104727 AVAMI SYSTEMS INC 9,993.82 2016782 05/09/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 11,594.65 2016783 05/09/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,437.84 2016784 05/09/2024 PRINTED 104266 OFRS INC 153,459.32 2016785 05/09/2024 PRINTED 103889 OLLIN DOCK & DOOR INC 5,389.61 2016786 05/09/2024 PRINTED 100282 PACIFIC PRODUCTS AND SERV 6,221.79 2016787 05/09/2024 PRINTED 104355 PACIFIC WEST UNDERGROUND 36,614.86 2016788 05/09/2024 PRINTED 100926 PALM GROVE GROUP LLC 166,929.90 2016789 05/09/2024 PRINTED 100599 PALM SPRINGS ART MUSEUM 25,000.00 2016790 05/09/2024 PRINTED 100569 PALM SPRINGS CHAMBER OF C 10,300.44 2016791 05/09/2024 PRINTED 100147 PATTON DOOR AND GATE 350.00 2016792 05/09/2024 PRINTED 104234 MILO PINKERTON 40,000.00 2016793 05/09/2024 PRINTED 100186 GOLD STAR VENTURES EAST 1,586.62 2016794 05/09/2024 PRINTED 103521 PLAZA TOWING INC 1,050.00 2016795 05/09/2024 PRINTED 101374 PRECISION TECHNOLOGIES 11,254.78 2016796 05/09/2024 PRINTED 100596 PROPER SOLUTIONS INC 55,869.52 2016797 05/09/2024 PRINTED 100476 PS SMOG 150.00 2016798 05/09/2024 PRINTED 101658 THE PUN GROUP LLP 26,590.00 2016799 05/09/2024 PRINTED 101629 THE RAMSAY GROUP 6,075.00 2016800 05/09/2024 PRINTED 101527 RATTLE TECH LLC 500.00 2016801 05/09/2024 PRINTED 104486 RED HAWK SERVICES INC 17,153.16 2016802 05/09/2024 PRINTED 100270 RICOCHET MANUFACTURING CO 9,981.08 2016803 05/09/2024 PRINTED 100141 RIVCOMM INC. 26,489.96 2016804 05/09/2024 PRINTED 100628 RIVERSIDE COUNTY CLERK 40.00 2016805 05/09/2024 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 25,100.39 2016806 05/09/2024 PRINTED 103678 ROADRUNNER PRINTING AND S 792.06 2016807 05/09/2024 PRINTED 104059 SAME DAY EXPRESS LLC 2,690.00 2016808 05/09/2024 PRINTED 015060 ANGELA SAWYER 463.20 2016809 05/09/2024 PRINTED 101542 SC COMMERCIAL 13,824.09 2016810 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 187.66 2016811 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,764.28 2016812 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,347.36 2016813 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,764.06 2016814 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 115.54 2016815 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 107.34 2016816 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 606.33 2016817 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25.67 2016818 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,466.00 2016819 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 37,965.63 2016820 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,685.99 2016821 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 89.15 2016822 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,258.86 2016823 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 45.87 2016824 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 127.97 2016825 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,088.29 2016826 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25,978.95 2016827 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 393.88 2016828 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 470.92 Item 1D - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/09/2024 10:52
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016829 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,527.35 2016830 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 41.70 2016831 05/09/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3.12 2016832 05/09/2024 PRINTED 100546 SHADE STRUCTURES INC 60,175.03 2016833 05/09/2024 PRINTED 100060 SHASTA FIRE PROTECTION IN 650.00 2016834 05/09/2024 PRINTED 103804 WEST AVIATION SERVICES-SA 91,644.00 2016835 05/09/2024 PRINTED 016395 EMILY SIMON 41.10 2016836 05/09/2024 PRINTED 016462 BRAYDEN SMITH 729.00 2016837 05/09/2024 PRINTED 104565 WANG DISCOVERY 2,997.00 2016838 05/09/2024 PRINTED 100010 SMOKE TREE STABLES 840.00 2016839 05/09/2024 PRINTED 016200 NICOLAS SNOWDEN 234.00 2016840 05/09/2024 PRINTED 101677 SOCAL PPE LLC 1,719.11 2016841 05/09/2024 PRINTED 104223 SOLTERRA BUILDERS 800.00 2016842 05/09/2024 PRINTED 104816 WAN LEON 70.00 2016843 05/09/2024 PRINTED 100327 SOUTH COAST LLC 2,875.62 2016844 05/09/2024 PRINTED 104322 SOUTHERN CONTRACTING COMP 603,347.37 2016845 05/09/2024 PRINTED 104309 SOUTHWEST BOULDER AND STO 5,348.48 2016846 05/09/2024 PRINTED 100577 SPARKLETTS - DS SERVICES 70.44 2016847 05/09/2024 PRINTED 100120 SPOK INC 50.15 2016848 05/09/2024 PRINTED 101356 ST FRANCIS ELECTRIC LLC 46,962.37 2016849 05/09/2024 PRINTED 100544 STANLEY ACCESS TECHNOLOGI 2,294.40 2016850 05/09/2024 PRINTED 104099 STEVEN ENTERPRISES INC 2,642.00 2016851 05/09/2024 PRINTED 104798 STRATEGIC OPERATIONS INC 2,500.00 2016852 05/09/2024 PRINTED 104391 LISA RENEE BOTTS 175.00 2016853 05/09/2024 PRINTED 100043 SWRCB FEES 600.00 2016854 05/09/2024 PRINTED 100760 TANGERINE HOTELS PALM SPR 47,851.81 2016855 05/09/2024 PRINTED 100900 TERRA NOVA PLANNING AND R 19,471.55 2016856 05/09/2024 PRINTED 104602 TETRA TECH INC 71,960.54 2016857 05/09/2024 PRINTED 103881 THERMAX INC 622.79 2016858 05/09/2024 PRINTED 011020 TIMOTHY THOMAS 221.64 2016859 05/09/2024 PRINTED 104184 TK ELEVATOR CORPORATION 2,242.00 2016860 05/09/2024 PRINTED 104638 TOMIS INC 4,540.96 2016861 05/09/2024 PRINTED 100031 TOPS N BARRICADES INC 4,800.00 2016862 05/09/2024 PRINTED 104308 WS CHIEF CORNERSTONE INC 5,005.00 2016863 05/09/2024 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,000.00 2016864 05/09/2024 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 500.00 2016865 05/09/2024 PRINTED 102712 TSG ENTERPRISES, INC. 15,973.00 2016866 05/09/2024 PRINTED 100386 U S CUSTOMS SERVICE 3,613.36 2016867 05/09/2024 PRINTED 100063 UNDERGROUND SERVICE ALERT 1,040.17 2016868 05/09/2024 PRINTED 016345 JASON UNDERWOOD 1,477.94 2016869 05/09/2024 PRINTED 104384 UNIFIED FIELD SERVICES CO 380,179.46 2016870 05/09/2024 PRINTED 100114 UNITED RENTALS NA INC 9,667.59 2016871 05/09/2024 PRINTED 104368 UNIVERSAL GREEN LLC 34,000.00 2016872 05/09/2024 PRINTED 104797 US ACCESS INSTITUTE LLC 3,375.00 2016873 05/09/2024 PRINTED 101784 V AND V MANUFACTURING 2,485.50 2016874 05/09/2024 PRINTED 100200 VALLEY LOCK AND SAFE 190.00 2016875 05/09/2024 PRINTED 100066 VALLEY MAIL DELIVERY 3,207.00 2016876 05/09/2024 PRINTED 104821 CRISTIAN VAZQUEZ 65.00 2016877 05/09/2024 PRINTED 100129 VCA ANIMAL HOSPITALS INC 796.84 2016878 05/09/2024 PRINTED 104034 VERDE FACILITIES SERVICES 128,056.96 2016879 05/09/2024 PRINTED 104698 VERITEXT LLC 5,265.75 2016880 05/09/2024 PRINTED 100621 VERIZON BUSINESS 720.73 Item 1D - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/09/2024 10:52
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016881 05/09/2024 PRINTED 100144 VERIZON WIRELESS 11,302.90 2016882 05/09/2024 PRINTED 100144 VERIZON WIRELESS 2,205.96 2016883 05/09/2024 PRINTED 100144 VERIZON WIRELESS 39.66 2016884 05/09/2024 PRINTED 100144 VERIZON WIRELESS 3,264.41 2016885 05/09/2024 PRINTED 100144 VERIZON WIRELESS 2,629.13 2016886 05/09/2024 PRINTED 104362 VETERANS FOR PEACE 500.00 2016887 05/09/2024 PRINTED 104052 VFA INC 1,977.00 2016888 05/09/2024 PRINTED 104052 VFA INC 8,894.00 2016889 05/09/2024 PRINTED 101537 VISUAL EDGE INC 265.70 2016890 05/09/2024 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 1,713.95 2016891 05/09/2024 PRINTED 101277 VOHNE LICHE KENNELS INC 150.00 2016892 05/09/2024 PRINTED 101220 WATERLINE TECHNOLOGIES IN 13,975.26 2016893 05/09/2024 PRINTED 100156 WAXIE SANITARY SUPPLY 3,120.87 2016894 05/09/2024 PRINTED 100222 WEST COAST ARBORISTS INC 32,847.50 2016895 05/09/2024 PRINTED 100233 WESTERN PUMP INC. 11,786.18 2016896 05/09/2024 PRINTED 104635 WOODCLIFF CORPORATION 634,790.00 2016897 05/09/2024 PRINTED 100908 YAMADA SPA MANAGEMENT INC 539.00 2016898 05/09/2024 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,295.60 278 CHECKS CASH ACCOUNT TOTAL 7,770,732.77 .00 Item 1D - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/09/2024 10:52
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
278 CHECKS FINAL TOTAL 7,770,732.77 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1D - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/23/2024 11:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016913 05/23/2024 PRINTED 100824 15000 INC 315.00 2016914 05/23/2024 PRINTED 104842 1979 EHRLICH INVESTMENT T 2,742.00 2016915 05/23/2024 PRINTED 104532 2990 TAHQUITZ CANYON WAY 6,656.81 2016916 05/23/2024 PRINTED 104532 2990 TAHQUITZ CANYON WAY 4,538.83 2016917 05/23/2024 PRINTED 101295 3SI SECURITY SYSTEMS 14,837.32 2016918 05/23/2024 PRINTED 101280 A JUMP N PARTY 1,562.80 2016919 05/23/2024 PRINTED 100180 AMERICAN ASSOCIATION OF A 15,000.00 2016920 05/23/2024 PRINTED 101754 GLOBAL PAYMENTS INC 3,245.27 2016921 05/23/2024 PRINTED 100292 ADMINSURE INC 20,389.00 2016922 05/23/2024 PRINTED 101354 ADVANTEC CONSULTING ENGIN 10,115.50 2016923 05/23/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 132,417.20 2016924 05/23/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 3,000.00 2016925 05/23/2024 PRINTED 100403 AETNA 20,818.29 2016926 05/23/2024 PRINTED 104401 HEALTH AND HUMAN RESOURCE 1,035.50 2016927 05/23/2024 PRINTED 100911 OLIVIER PARSY 150.00 2016928 05/23/2024 PRINTED 103203 AMBER C STANFORD 1,087.50 2016929 05/23/2024 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 3,348.32 2016930 05/23/2024 PRINTED 104599 MAMCO INC 1,558,098.04 2016931 05/23/2024 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 1,334.98 2016932 05/23/2024 PRINTED 100053 ALLIED REFRIGERATION INC 773.96 2016933 05/23/2024 PRINTED 101327 US SECURITY ASSOCIATES IN 29,756.54 2016934 05/23/2024 PRINTED 100572 AMAZON COM 500.87 2016935 05/23/2024 PRINTED 015919 JOSE ARELLANO 100.06 2016936 05/23/2024 PRINTED 103528 ARCHITECTURAL RESOURCES G 16,752.67 2016937 05/23/2024 PRINTED 104841 TIMEL ASKEW 65.00 2016938 05/23/2024 PRINTED 100370 AT&T 301.28 2016939 05/23/2024 PRINTED 100765 MUNISERVICES / AVENU INSI 1,500.00 2016940 05/23/2024 PRINTED 103384 AVIATRIX COMMUNICATIONS 12,350.00 2016941 05/23/2024 PRINTED 101345 LUIS AZARCOYA 950.00 2016942 05/23/2024 PRINTED 100413 B & H PHOTO 2,064.29 2016943 05/23/2024 PRINTED 101766 BACK NINE GREENS INC 2,315.00 2016944 05/23/2024 PRINTED 103994 BANNER BANK 84,863.68 2016945 05/23/2024 PRINTED 100203 BARBARA SINATRA CHILDRENS 231.00 2016946 05/23/2024 PRINTED 104386 BERG AND ASSOCIATES INC 33,427.91 2016947 05/23/2024 PRINTED 101696 BLACK AND WHITE EMERGENCY 355,959.27 2016948 05/23/2024 PRINTED 100351 BRUDVIK INC 751.00 2016949 05/23/2024 PRINTED 104713 DANIELLE A GUERRERO 1,574.00 2016950 05/23/2024 PRINTED 102715 C&S ENGINEERS INC 3,081.16 2016951 05/23/2024 PRINTED 015375 ALBERTO CANTU 1,050.00 2016952 05/23/2024 PRINTED 104836 DANIEL CARDENAS 65.00 2016953 05/23/2024 PRINTED 016155 JAVIER CARRILLO 1,050.00 2016954 05/23/2024 PRINTED 104603 SAN MACEDONIO CO LP 16,885.37 2016955 05/23/2024 PRINTED 015562 MICHAEL CASAVAN 107.42 2016956 05/23/2024 PRINTED 103619 CHANDLER ASSET MANAGEMENT 14,315.58 2016957 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 2,305.96 2016958 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 169.98 2016959 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 169.98 2016960 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,684.92 2016961 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 124.98 2016962 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 124.98 2016963 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016964 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 3,435.61 Item 1D - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/23/2024 11:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2016965 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2016966 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2016967 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2016968 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2016969 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016970 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 170.11 2016971 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 673.79 2016972 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 253.98 2016973 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 273.71 2016974 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 291.04 2016975 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016976 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016977 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016978 05/23/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2016979 05/23/2024 PRINTED 100558 CINTAS CORPORATION 483.60 2016980 05/23/2024 PRINTED 100558 CINTAS CORPORATION 215.33 2016981 05/23/2024 PRINTED 104480 CITYGATE ASSOCIATES LLC 61,270.30 2016982 05/23/2024 PRINTED 100387 COACHELLA VALLEY ECONOMIC 943.61 2016983 05/23/2024 PRINTED 101634 CODE 3 TECHNOLOGY LLC 37,538.49 2016984 05/23/2024 PRINTED 015397 LUCIANO COLANTUONO 224.56 2016985 05/23/2024 PRINTED 103406 COMMUNITY WORKS DESIGN GR 4,800.00 2016986 05/23/2024 PRINTED 104051 CONVERGINT TECHNOLOGIES L 3,932.50 2016987 05/23/2024 PRINTED 101598 CORODATA RECORDS MANAGEME 137.43 2016988 05/23/2024 PRINTED 100205 NANCY K BOHL INC 760.00 2016989 05/23/2024 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 857.00 2016990 05/23/2024 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 10,752.00 2016991 05/23/2024 PRINTED 100196 COUNTY OF RIVERSIDE 60,695.19 2016992 05/23/2024 PRINTED 100196 COUNTY OF RIVERSIDE 39,816.56 2016993 05/23/2024 PRINTED 100751 COUNTY OF RIVERSIDE EMD 7,566.24 2016994 05/23/2024 PRINTED 104597 COACHELLA VALLEY HOUSING 1,719.00 2016995 05/23/2024 PRINTED 103507 DAKTRONICS INC 12,977.99 2016996 05/23/2024 PRINTED 100115 DANIELS TIRE SERVICE INC 5,013.11 2016997 05/23/2024 PRINTED 016442 RACHEL DAVIS 35.81
2016998 05/23/2024 PRINTED 104601 DEANGELO CONTRACTING 17,257.64 2016999 05/23/2024 PRINTED 104828 EDUARDO DEL REAL 15.00 2017000 05/23/2024 PRINTED 100265 DELL MARKETING LP 137,176.33 2017001 05/23/2024 PRINTED 101281 DELTA DENTAL INSURANCE CO 1,909.51 2017002 05/23/2024 PRINTED 101282 DELTA DENTAL OF CALIFORNI 22,482.24 2017003 05/23/2024 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 2,798.98 2017004 05/23/2024 PRINTED 103589 DESERT ARC 85.00
2017005 05/23/2024 PRINTED 100048 DESERT FIRE EXTINGUISHER 1,335.42 2017006 05/23/2024 PRINTED 100008 GANNETT CALIFORNIA LOCAL 2,383.47 2017007 05/23/2024 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 5,132.80 2017008 05/23/2024 PRINTED 015897 ALEXANDER DOHERTY 9.31 2017009 05/23/2024 PRINTED 100254 DOKKEN ENGINEERING 15,609.12 2017010 05/23/2024 PRINTED 101244 DOWNS ENERGY 35,845.51 2017011 05/23/2024 PRINTED 100294 DUDEK 35,905.08
2017012 05/23/2024 PRINTED 100054 DESERT WATER AGENCY 1,399.29 2017013 05/23/2024 PRINTED 100054 DESERT WATER AGENCY 28,982.41 2017014 05/23/2024 PRINTED 100054 DESERT WATER AGENCY 223.27 2017015 05/23/2024 PRINTED 100054 DESERT WATER AGENCY 3,730.57 2017016 05/23/2024 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 13,535.00 Item 1D - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/23/2024 11:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017017 05/23/2024 PRINTED 100305 EISENHOWER MEDICAL CENTER 800.00 2017018 05/23/2024 PRINTED 103829 EMERGENCY RESILIENCE LLC 4,553.91 2017019 05/23/2024 PRINTED 100274 ENGINEERING RESOURCES OF 8,643.08 2017020 05/23/2024 PRINTED 100226 ENTERPRISE RENT A CAR 4,080.62 2017021 05/23/2024 PRINTED 101375 EPACT NETWORK LTD 4,900.00 2017022 05/23/2024 PRINTED 100369 FAIR HOUSING COUNCIL OF R 4,435.77 2017023 05/23/2024 PRINTED 100081 FEDERAL EXPRESS CORPORATI 17.93 2017024 05/23/2024 PRINTED 100081 FEDERAL EXPRESS CORPORATI 69.54 2017025 05/23/2024 PRINTED 103951 FERREIRA CONSTRUCTION CO 104,475.43 2017026 05/23/2024 PRINTED 103451 FIESTA FORD INC 1,637.48 2017027 05/23/2024 PRINTED 104820 MICHAEL ANGELO HERNANDEZ 100.00 2017028 05/23/2024 PRINTED 104847 MARK A FISHER 4,725.00 2017029 05/23/2024 PRINTED 101194 FLEX ADVANTAGE 666.75 2017030 05/23/2024 PRINTED 015995 BRENT FRANCIS 846.95 2017031 05/23/2024 PRINTED 104699 FRASCA AND ASSOCIATES LLC 33,446.13 2017032 05/23/2024 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,707.25 2017033 05/23/2024 PRINTED 100480 FRIENDS OF THE PS ANIMAL 97,528.96 2017034 05/23/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,769.44 2017035 05/23/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 84.02 2017036 05/23/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2017037 05/23/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2017038 05/23/2024 PRINTED 101683 FS.COM INC 229.43 2017039 05/23/2024 PRINTED 100828 FUSION CLOUD SERVICES LLC 439.68 2017040 05/23/2024 PRINTED 100158 GALLS LLC 2,592.87 2017041 05/23/2024 PRINTED 100724 BGF LLC / GAY DESERT GUID 10,000.00 2017042 05/23/2024 PRINTED 100169 GENSLER 126,876.44 2017043 05/23/2024 PRINTED 016084 VERONICA GOEDHART 157.94 2017044 05/23/2024 PRINTED 016514 NIKKI GOMEZ 1,150.40 2017045 05/23/2024 PRINTED 015393 ALBERTO GRADILLA 33.54 2017046 05/23/2024 PRINTED 100313 GRANICUS INC 1,745.00 2017047 05/23/2024 PRINTED 101398 GRIT PS 2,787.20 2017048 05/23/2024 PRINTED 016554 DEAN GRUBL 34.97 2017049 05/23/2024 PRINTED 103998 JANE M GUY 609.00 2017050 05/23/2024 PRINTED 101343 HARRIS AND ASSOCIATES INC 954.50 2017051 05/23/2024 PRINTED 104744 HAZEN AND SAWYER, D.P.C. 6,075.00 2017052 05/23/2024 PRINTED 104383 HD SUPPLY INC 7,845.17 2017053 05/23/2024 PRINTED 103912 HERC RENTALS INC 4,054.90 2017054 05/23/2024 PRINTED 016483 AUGUSTINE HERNANDEZ 258.77 2017055 05/23/2024 PRINTED 100729 HIRE RIGHT LLC 3,640.12 2017056 05/23/2024 PRINTED 104373 HR GREEN PACIFIC INC 22,235.00 2017057 05/23/2024 PRINTED 103780 HTL MECHANICAL INC 989.72 2017058 05/23/2024 PRINTED 104829 SAVANNAH HUDSON-FARROW 65.00 2017059 05/23/2024 PRINTED 104718 HYDROLOGY GROUP INC 18,000.00 2017060 05/23/2024 PRINTED 104722 WAYNE MCAFEE 4,700.00 2017061 05/23/2024 PRINTED 104298 INTERVISTAS CONSULTING US 15,877.54 2017062 05/23/2024 PRINTED 104575 INVESTMENT CONCEPTS 4,364.04 2017063 05/23/2024 PRINTED 104575 INVESTMENT CONCEPTS 7,980.00 2017064 05/23/2024 PRINTED 101364 IT1 SOURCE LLC 56,324.19 2017065 05/23/2024 PRINTED 104038 J & L AUTO BODY INC 27,272.78 2017066 05/23/2024 PRINTED 104835 SEAN KEARNS 2,092.43 2017067 05/23/2024 PRINTED 100011 KEYSER MARSTON ASSOCIATES 7,872.50 2017068 05/23/2024 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 74,343.84 Item 1D - Page 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/23/2024 11:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017069 05/23/2024 PRINTED 101606 KINCAID INDUSTRIES INC 57,547.94 2017070 05/23/2024 PRINTED 016436 MAX KIRK 161.06 2017071 05/23/2024 PRINTED 104712 KOUNKUEY DESIGN INITIATIV 42,749.29 2017072 05/23/2024 PRINTED 100127 L N CURTIS AND SONS 30,860.72 2017073 05/23/2024 PRINTED 101475 LA PRENSA HISPANA INC 6,360.00 2017074 05/23/2024 PRINTED 016014 JASON LAMB 1,425.14 2017075 05/23/2024 PRINTED 101713 LESAR DEVELOPMENT CONSULT 47,859.76 2017076 05/23/2024 PRINTED 101800 LIBRARY IDEAS 1,099.00 2017077 05/23/2024 PRINTED 103753 LIFE INSURANCE COMPANY OF 43,880.91 2017078 05/23/2024 PRINTED 101309 LNRS DATA SERVICES INC. 1,833.61 2017079 05/23/2024 PRINTED 015824 KEVIN LU 55.92 2017080 05/23/2024 PRINTED 015824 KEVIN LU 856.00 2017081 05/23/2024 PRINTED 100849 MANSFIELD POWER AND GAS L 19,900.63 2017082 05/23/2024 PRINTED 015311 MARGARITKA MARINOVA 160.00 2017083 05/23/2024 PRINTED 101513 MARTHA'S VILLAGE AND KITC 197,084.34 2017084 05/23/2024 PRINTED 100074 MATICH CORPORATION 292,504.85 2017085 05/23/2024 PRINTED 101253 FIRE PROTECTION SERVICE C 10,334.26 2017086 05/23/2024 PRINTED 104466 MCCLOSKEY MECHANICAL CONT 65,721.21 2017087 05/23/2024 PRINTED 016358 ALLEN MCNABB 362.43 2017088 05/23/2024 PRINTED 104269 MEAD AND HUNT INC 48,623.48 2017089 05/23/2024 PRINTED 104365 MEDIWASTE DISPOSAL LLC 250.00 2017090 05/23/2024 PRINTED 016128 KENNETH MERENDA 856.00 2017091 05/23/2024 PRINTED 104659 BC PRINT AND CO 2,121.85 2017092 05/23/2024 PRINTED 016115 LISA MIDDLETON 848.27 2017093 05/23/2024 PRINTED 101798 MIDWEST TAPE INC 3,227.95 2017094 05/23/2024 PRINTED 104405 MIS CHOICE INC 6,000.00 2017095 05/23/2024 PRINTED 100079 MOHICA TOWING 810.00 2017096 05/23/2024 PRINTED 016133 JOHNATHAN MOSLEY 856.00 2017097 05/23/2024 PRINTED 016018 WILLIAM MOSS 228.13 2017098 05/23/2024 PRINTED 101855 MOTOWORX GARAGE 1,332.54 2017099 05/23/2024 PRINTED 104507 17834 BURBANK INVESTMENTS 2,510.00 2017100 05/23/2024 PRINTED 103465 DESERT AREA CORPORATION 8.70 2017101 05/23/2024 PRINTED 015431 DAN NAVA 380.73 2017102 05/23/2024 PRINTED 104463 NEIGHBORHOOD PARTNERSHIP 41,950.00 2017103 05/23/2024 PRINTED 104534 BENEVATE INC 9,700.00 2017104 05/23/2024 PRINTED 104404 NETWORK SERVICES COMPANY 17,469.30 2017105 05/23/2024 PRINTED 104057 DONNA S NEWTON 1,260.00 2017106 05/23/2024 PRINTED 100417 NI GOVERNMENT SERVICES IN 309.85 2017107 05/23/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,938.58 2017108 05/23/2024 PRINTED 104266 OFRS INC 85,355.82 2017109 05/23/2024 PRINTED 100458 PALM SPRINGS AIR MUSEUM I 250.00 2017110 05/23/2024 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,000.00 2017111 05/23/2024 PRINTED 100003 PALM SPRINGS DISPOSAL SER 267.19 2017112 05/23/2024 PRINTED 104581 PALM SPRINGS REALTY HOLDI 24,257.87 2017113 05/23/2024 PRINTED 101434 PLACEWORKS 13,070.70 2017114 05/23/2024 PRINTED 100596 PROPER SOLUTIONS INC 38,756.84 2017115 05/23/2024 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 1,049.14 2017116 05/23/2024 PRINTED 100654 PS RESORTS 114,219.12 2017117 05/23/2024 PRINTED 100476 PS SMOG 50.00 2017118 05/23/2024 PRINTED 103563 PYRO-COMM SYSTEMS INC 70.00 2017119 05/23/2024 PRINTED 100762 QUADIENT INC. 1,066.13 2017120 05/23/2024 PRINTED 100306 QUALITY CODE PUBLISHING 780.00 Item 1D - Page 15
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/23/2024 11:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017121 05/23/2024 PRINTED 101230 R S AND H CALIFORNIA INC 10,580.50 2017122 05/23/2024 PRINTED 104826 RAFTELIS FINANCIAL CONSUL 5,000.00 2017123 05/23/2024 PRINTED 015842 RICHARD SALOMON 30.00 2017124 05/23/2024 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2017125 05/23/2024 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 5,000.00 2017126 05/23/2024 PRINTED 101691 RLP UNIFORM INC 1,814.67 2017127 05/23/2024 PRINTED 103678 ROADRUNNER PRINTING AND S 4,589.65 2017128 05/23/2024 PRINTED 100467 SAN BERNARDINO REGIONAL E 8,360.00 2017129 05/23/2024 PRINTED 104843 ASHLYNN SAUERWEIN 65.00 2017130 05/23/2024 PRINTED 101542 SC COMMERCIAL 12,180.68 2017131 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 300.48 2017132 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 109.91 2017133 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 19.66 2017134 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 13,555.17 2017135 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 397.52 2017136 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 253.13 2017137 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,866.29 2017138 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 48,603.47 2017139 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 456.45 2017140 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,140.87 2017141 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 305.92 2017142 05/23/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 438.29 2017143 05/23/2024 PRINTED 101703 SCI CONSULTING GROUP 38,750.00 2017144 05/23/2024 PRINTED 104754 SDI PRESENCE LLC 1,785.00 2017145 05/23/2024 PRINTED 100435 THE SHREDDERS 353.00 2017146 05/23/2024 PRINTED 104565 WANG DISCOVERY 6,550.00 2017147 05/23/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 29,863.77 2017148 05/23/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 25.00 2017149 05/23/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,563.08 2017150 05/23/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 13,827.98 2017151 05/23/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 168.80 2017152 05/23/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,802.74 2017153 05/23/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 31.08 2017154 05/23/2024 PRINTED 101822 SO CAL LAND MAINTENANCE I 14,306.00 2017155 05/23/2024 PRINTED 101709 SOUTHERN CALIFORNIA RADAR 475.00 2017156 05/23/2024 PRINTED 100000 SOUTH COAST AQMD 970.86 2017157 05/23/2024 PRINTED 100327 SOUTH COAST LLC 34,889.82 2017158 05/23/2024 PRINTED 104441 SOUTHSTAR ENGINEERING AND 33,729.50 2017159 05/23/2024 PRINTED 100284 STANTEC CONSULTING SVCS I 14,915.00 2017160 05/23/2024 PRINTED 103901 STEVE P RADOS INC 1,612,409.86 2017161 05/23/2024 PRINTED 016027 SAMANTHA STEWART 142.03 2017162 05/23/2024 PRINTED 104391 LISA RENEE BOTTS 725.00 2017163 05/23/2024 PRINTED 104096 TILDEN COIL CONSTRUCTORS 2,527,396.35 2017164 05/23/2024 PRINTED 104184 TK ELEVATOR CORPORATION 7,995.66 2017165 05/23/2024 PRINTED 100031 TOPS N BARRICADES INC 36,725.60 2017166 05/23/2024 PRINTED 016612 JOSEPH TORRES 498.12 2017167 05/23/2024 PRINTED 104308 WS CHIEF CORNERSTONE INC 1,405.00 2017168 05/23/2024 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,250.00 2017169 05/23/2024 PRINTED 103796 TRANSCORE LP 9,165.00 2017170 05/23/2024 PRINTED 101391 TRANSUNION RISK AND ALTER 500.00 2017171 05/23/2024 PRINTED 104838 TRAPEZE LTD LLC 530.00 2017172 05/23/2024 PRINTED 100386 U S CUSTOMS SERVICE 55,686.82 Item 1D - Page 16
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/23/2024 11:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017173 05/23/2024 PRINTED 100386 U S CUSTOMS AND BORDER PR 1,306.54 2017174 05/23/2024 PRINTED 100063 UNDERGROUND SERVICE ALERT 996.42 2017175 05/23/2024 PRINTED 104384 UNIFIED FIELD SERVICES CO 1,021,507.82 2017176 05/23/2024 PRINTED 100405 UNION PACIFIC RAILROAD CO 33,214.44 2017177 05/23/2024 PRINTED 100114 UNITED RENTALS NA INC 1,847.71 2017178 05/23/2024 PRINTED 100252 USDA APHIS 13,294.24 2017179 05/23/2024 PRINTED 100200 VALLEY LOCK AND SAFE 1,873.88 2017180 05/23/2024 PRINTED 100267 VEOLIA WATER NORTH AMERIC 440,012.78 2017181 05/23/2024 PRINTED 100621 VERIZON BUSINESS 235.52 2017182 05/23/2024 PRINTED 100144 VERIZON WIRELESS 8,270.13 2017183 05/23/2024 PRINTED 102406 DAVID VIGNOLO 104.95 2017184 05/23/2024 PRINTED 100050 VISION SERVICE PLAN 6,468.44 2017185 05/23/2024 PRINTED 100121 VISIT GREATER PALM SPRING 226,931.04 2017186 05/23/2024 PRINTED 101537 VISUAL EDGE INC 3,762.93 2017187 05/23/2024 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 8,737.92 2017188 05/23/2024 PRINTED 101220 WATERLINE TECHNOLOGIES IN 3,121.49 2017189 05/23/2024 PRINTED 100156 WAXIE SANITARY SUPPLY 1,028.72 2017190 05/23/2024 PRINTED 100222 WEST COAST ARBORISTS INC 20,080.40 2017191 05/23/2024 PRINTED 103973 WEX HEALTH INC 2,460.15 279 CHECKS CASH ACCOUNT TOTAL 11,276,349.27 .00 Item 1D - Page 17
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/23/2024 11:27
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
279 CHECKS FINAL TOTAL 11,276,349.27 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1D - Page 18
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CITY COUNCIL STAFF REPORT
DATE: JUNE 13, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF THE 2024 PALM SPRINGS INTERNATIONAL AIRPORT
AIR SERVICE INCENTIVE PROGRAM
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This item is for the approval of a new Air Service Incentive Program for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve the new 2024 Air Service Incentive Program ( Attachment A).
2. ADOPT RESOLUTION NO. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2024 AIR
SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT” (Attachment B).
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
N/A.
BACKGROUND:
On November 14, 2018, the Airport Commission voted unanimously in favor to recommend to the City Council the approval of replacing the cash reimbursement marketing-based incentive program with a fee-waiver incentive program targeted to specific fees, such as landing fees and hold room fees, in an amount not to exceed $500,000 tied to new air service between the Airport and specific destination cities. On February 6, 2019, the City Council approved the 2019 Air Service Incentive Program (“Program”).
Item 1E - Page 1
On November 17, 2021, the Airport Commission voted unanimously in favor to recommend to the City Council the approval of increasing the fee waiver cap from $500,000 to $853,000 to accommodate the influx of applications for new air service and the suspension of the program to allow Airport staff to revise and propose a new Air Service Incentive Program in early 2022. On December 9, 2021, the City Council approved the increase of the fee waiver cap and the suspension of the Program.
On February 16, 2022, the Airport Commission voted unanimously in favor of recommending to the City Council the approval of the 2022 Air Service Incentive Program.
On March 24, 2022, the City Council approved the 2022 Air Service Incentive Program.
On April 2, 2024, the Airport’s Marketing and Business Development Committee voted (3-0) in favor to recommend to the Airport Commission to vote in favor of recommending the approval of the 2024 Air Service Incentive Program to the City Council.
On May 15, 2024, the Airport Commission voted (11 – 0) in favor of recommending to the City Council the approval of the 2024 Air Service Incentive Program.
STAFF ANALYSIS:
In December 2023, the Federal Aviation Administration (FAA) published revised Air Carrier Incentive Program guidelines which allowed the Airport to offer additional types of incentives and for longer periods of time. The current 2022 Program offers fee waivers and seven levels of incentives based on frequency of service, type of service, and seasonality of the service, which is no longer meeting the industry standards. Airport staff has determined that it would be beneficial for the Airport to replace the 2022 Program to ensure that the Airport has the necessary incentives to attract new air service, which is crucial for the Airport to remain competitive with the other local airports. Additionally, the planned construction of a Federal Inspection Station (FIS) will give the Airport the ability to attract air service from international airports without U.S. pre-clearance.
The 2024 Program offers six levels of incentives based on the same criteria as the 2022 Program: it increases the incentives for marketing funds for target cities and the conversion of seasonal routes to year-round service, it adds a new option to attract more summer service, and it adds a new option for service to international airports outside of North America. The 2024 Program also includes marketing funds that are earmarked specifically to advertise new air service that meets the incentive criteria, and it offers fee waivers for landing fees, terminal fees, and terminal space rent dependent on the incentive criteria that is met.
The 2024 Program has a tiered and progressive methodology, reserving the best incentives for daily, year-round service to a select list of target cities, it enhances the incentives for airlines that convert seasonal routes to year-round, and it offers new incentives for international service to airports without U.S. pre-clearance, once the Federal Inspection Station is constructed, and it offers additional incentives to increase Item 1E - Page 2
summer air service. The 2024 program provides less robust incentives for seasonal service and as existing routes become saturated.
The 2024 Program retains the same budget caps as the 2022 Program: $250,000 in marketing and $1,000,000 in fee waivers per fiscal year. These caps can be adjusted as needed during the City’s budget planning process. When marketing funds and fee waivers have been expended for the fiscal year, the program will be suspended until additional funds are allocated or a new fiscal year begins.
The new program incentives are described as follows and are also included as Attachment C:
Item 1E - Page 3
Item 1E - Page 4
Item 1E - Page 5
Pending approval, the 2024 Program will replace the 2019 Program on July 1, 2024, and the term of the 2024 Program will be July 1, 2024, to June 30, 2027, unless it is extended, suspended, or canceled by the City Council.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council major theme/principle of forward-thinking governance.
FISCAL IMPACT:
Department of Aviation, Administration Account 4157020-50191 will forego the collection of revenue through the incentive fee waivers, and marketing fund will be allocated through this account on an annual basis.
REVIEWED BY:
Department Director: Harr y Barrett Jr.
City Attorney: Gerem y Holm
City Manager: Scott Stiles
ATTACHMENTS:
A. Memorandum of Agreement
B. Resolution Approving the 2024 Air Service Incentive Program C. New Program Incentives
Item 1E - Page 6
ATTACHMENT
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Item 1E - Page 7
PSP AIRPORT AIR SERVICE INCENTIVE AGREEMENT
THIS MEMORANDUM OF AGREEMENT, (“Agreement”) is made and entered into, to be effective this _____ day of _____________, 20___, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and __________________________, (Airline) organized and existing under the laws of the (state/province/country) of ___________________________________ (hereinafter referred to as “Airline”). City and Airline are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. On ___________________, the City Council of the City has adopted the 2024 Air Service Incentive Program for the Palm Springs International Airport, (hereinafter the “Program”).
B. Pursuant to the Program, Airline has requested fee waivers and marketing funds for new qualifying service.
C. The Airline hereby agrees pursuant to this Agreement to participate in the Program.
D. The City hereby agrees pursuant to this Agreement to waive certain Airport fees for new qualifying service.
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
SECTION 1. Recitals. The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Agreement.
SECTION 2. Understanding of the Parties. The City and the Airline, by their signatures to this Agreement, acknowledge that their agreement related to fee waivers in accordance with the Program is only applicable to new qualifying service as outlined in the Program.
It is understood that the Airline’s use of any fee waivers and/or marketing funds pursuant to the Program are solely at the discretion of the Airline with approval from the City. The Airline, at its sole discretion, will consider using the resulting fee waivers and marketing funds for the Airline’s promotional purposes associated with the Airline’s PSP specific air service to support the long-term success of the route(s). The Airline shall seek approval from the City before expending any Marketing Funds from this Program as outlined in the Item 1E - Page 8
Program. For the purposes of this Agreement, the amount of estimated fee waivers pursuant to the term of this Agreement for the applied route(s) is $_______________________, and the approved amount of marketing funds for the route(s) applied for are $___________________. The final amount of fee waivers shall vary and depend upon the fiscal year period formulation of each respective fee. Each period, as defined in the Incentive Options of the Program, of service will be evaluated for compliance under the terms of the Program. It is understood that the Airline will comply with all stipulations set forth in the Program, listed in this agreement as Attachment 1.
The air carrier must submit Attachment 2, the Monthly Airline Activity Report to [email protected] no later than the 10th of each month for the prior months service for the routes that qualify for the abatement incentive. Any failure by the Airline to submit the Monthly Airline Activity Report may result in a forfeiture of incentives for the month the report was not submitted.
SECTION 3. Term. The term of this Agreement shall commence on _______________ and end on ________________, whereupon this Agreement shall automatically terminate and is not subject to extension. Route(s) and Incentive Option(s) Airline is/are applying for is/are to be listed in the below table. Please reference the 2024 Air Service Incentive Program in order to make appropriate selections.
Airline Incentive Request
(s) Route 1 Route 2 Route 3
Route:
Incentive Option(s):
Date of First Flight:
End Date (if seasonal):
Aircraft Type(s):
Frequency:
Seasonality (Year-round, etc)
SECTION 4. Conflict of Interest. Airline acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Airline enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Airline warrants that Airline had not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
SECTION 5. Covenant Against Discrimination. In connection with its performance under this Agreement, Airline 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, Item 1E - Page 9
physical or mental disability, or medical condition (each a “prohibited basis”). Airline 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, Airline certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Airline 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 Airline 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.
SECTION 6. Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party is bound.
Item 1E - Page 10
IN WITNESS WHEREOF, the City and Airline have caused this Agreement to be executed the day and year first above written.
CITY OF PALM SPRINGS, CA
ATTEST: CONTENTS APPROVED:
By __________________________ By _______________________ City Clerk City Manager
Date: ________________________ Date:_____________________
APPROVED AS TO FORM:
By __________________________
City Attorney
Date:_________________________
AIRLINE:
Name: __________________________________
By: _____________________________________
Title: ____________________________________
Address: ________________________________
________________________________
________________________________
Item 1E - Page 11
ATTACHMENT ϭ
Item 1E - Page 12
Air Service Incentive
Program
2024-2027
Item 1E - Page 13
Target
Airport
(Year-round)
Un-Served
Airport
(Year-round)
Existing
Airport
(Year-round)
Un-Served
Airport
(Seasonal)
Existing
Airport
(Seasonal)
Marketing $75,000 $50,000 $15,000 $25,000 $10,000
Landing
Fee
Waivers
100% for 24
months
100% for 24
months
50% for six
months
100% for
first three
seasons
50% for first
season
Gate
Waivers
100% for 24
months
100% for 24
months
50% for six
months
100% for
first three
seasons
N/A
Target Airport: Atlanta, Charlotte, Chicago, Detroit, Hawaii, Houston, Minneapolis, New York City, Philadelphia, Spokane, Toronto, Washington, D.C. (DCA,IAD,BWI)
Un-Served Airport: Any airport without existing service of any type from PSP and not on the Target Airport list Existing Airport: Any airport with existing service of any type from PSP .
Stipulations: Airline must operate one round trip flight five days or more per week for 46 weeks per year to qualify for year-round incentives. Airlines must operate one round trip flight five days or more per week for 20 weeks to qualify for seasonal incentives. Service must be to an airport in the US, Canada, or Mexico. Target and Existing Airport incentives are not valid for airlines with existing service on the route they’re applying for. Incentives are not valid for international airports without US Customs Pre-Clearance until PSP opens FIS facility. Target Airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 1:
Daily Service
Item 1E - Page 14
Target Airport Other Airport
Marketing $75,000 $25,000
Landing Fee Waivers 100% for additional
months for two years
100% for additional
months for two years
Gate Waivers 100% for additional
months for two years
100% for additional
months for two years
Target Airport: Atlanta, Chicago-ORD, Dallas-DAL, Houston-IAH, Minneapolis, Portland-PDX, Toronto-YYZ, New York-JFK.
Other Airport: Any airport with existing seasonal service of any type from PSP and not on the Target Airport list Stipulations: Airline must operate one round trip flight four days or more per week for 46 weeks per year. Service must be to an airport in the US or Canada. Applicant airline must have existing seasonal service on route applied for. Only previously unserved months will qualify for waiver incentives in years one and two of their operation. Landing Fee and Gate Waivers are provided fort h e previously unserved months/dates for years one and two of the additional service. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 2:
Seasonal to Year-Round Conversion
Item 1E - Page 15
Target
Airport
(Year-round)
Target
Airport
(Seasonal)
Un-Served
Airport
(Year-round)
Un-Served
Airport
(Seasonal)
Existing
Airport
Marketing $75,000 $50,000 $50,000 $25,000 $10,000
Landing
Fee
Waivers
100% for 24
months
100% for
three
seasons
100% for 24
months
100% for
first three
seasons
50% for six
months
Gate
Waivers
100% for 24
months
100% for
three
seasonal
100% for 24
months
100% for
first three
seasons
N/A
Target Airport: Atlanta, Charlotte, Chicago, Detroit, Hawaii, Houston, Minneapolis, New York City, Philadelphia, Spokane, Toronto, Washington, D.C. (DCA,IAD,BWI)
Un-Served Airport: Any airport not on the Target Airport list without existing year-round or seasonal non-stop service from PSP .
Existing Airport: Any airport with existing service of any type from PSP .
Stipulations: Airline must operate one round trip flight two days or more per week for 46 weeks per year to qualify for year-round incentives. Airlines must operate one round trip flight two days or more per week for 24 weeks per season to qualify for seasonal incentives. Service must be to an airport in the US, Canada, or Mexico. Target and Existing Airport incentives are not valid for airlines with existing service on the route they’re applying for. Incentives are not valid for international airports without US Customs Pre- Clearance until PSP opens FIS facility. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 3:
Less-Than-Daily Service
Item 1E - Page 16
Target
Airport
(Year-round)
Un-Served
Airport
(Year-round)
Target
Airport
(Seasonal)
Un-Served
Airport
(Seasonal)
Marketing $200,000 $100,000 $150,000 $75,000
Landing Fee
Waivers
100% for 24
months
100% for 24
months
100% for 3
seasons
100% for 2
seasons
Gate
Waivers
100% for 24
months
100% for 24
months
100% for 3
seasons
100% for 2
seasons
Target Airport: Amsterdam, Bogota, Dublin, Frankfurt, London, Madrid, Munich, Panama City, Paris.
Un-Served Airport: Any airport without existing service of any type from PSP , located outside of North or Central America, and not a Target Airport.
Stipulations: Airline must operate one round trip flight two days or more per week for 46 weeks per year to qualify for year-round incentives.
Airlines must operate one round trip flight two days or more per week for 20 weeks per season to qualify for seasonal incentives. Not valid for service to airports located in North or Central America, Gulf of Mexico, or Caribbean. Not valid until PSP opens an FIS facility. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 4:
Intercontinental Service
Item 1E - Page 17
Target Airport: Atlanta, Chicago, Detroit, Houston, Minneapolis, New York City, Toronto, Washington, D.C. (DCA,IAD,BWI) Un-Served Airport: Any airport without existing service of any type from PSP and not on the Target Airport list.
Stipulations: Summer season is defined as May 1 to September 30 each year. Airline must operate one round trip flight two days or more per week for from May 1 through September 30 to qualify for incentives. Service must be to an airport in the US, Canada, or Mexico. This incentive does not apply for airlines who have operated the route they apply for at any point in the past 24 months .Valid only for airlines with no existing service on route(s) applied for. Incentives are not valid for international airports without US Customs Pre-Clearance until PSP opens FIS facility. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 5:
Summer Seasonal Service
Target Airport Un-Served Airport
Marketing $75,000 $25,000
Landing Fee Waivers 100% for first three
summer seasons
100% for first three
summer seasons
Gate Waivers 100% for first three
summer seasons
100% for first three
summer seasons
Item 1E - Page 18
Daily Year-Round Less-Than-Daily &
Seasonal
Marketing $50,000 $25,000
Terminal Waivers
(Service to Existing Airport) 100% for 12 months 100% for 12 months Terminal Waivers
(Service to New Airport) 100% for 24 months 100% for 24 months Daily Year-Round Service: Airline must operate at least one round trip daily flight five days per week for 44 weeks.
Less-Than-Daily & Seasonal: Airline must operate at least one round trip daily flight two days per week for four months.
Stipulations: Only available to airlines that have not served PSP in the past 24 months preceding their service start date. Marketing funds in this option are in addition to marketing funds for specific routes provided in other options in this program. If airline enters PSP with service to an existing market (a market with any type of scheduled service), terminal waivers are offered for no more than 12 months. If airline enters PSP with service to a new airport, terminal waivers are offered for no more than 24 months. If airline enters PSP with service to a mix of existing and new airports, terminal waivers will be pro-rated with existing per-turn rates.
Option 6:
New Entrant Airlines
Item 1E - Page 19
1. Advertising incentive funds will be availa ble to FAA Part 121, 135, & 380 Signatory and Non-Signatory Airlines with a signed Airport Use and Lease Agreement.
2. All marketing funds and activities must exclusively pr omote the routes eligible under the program to/from PSP.
3. All marketing incentives are available from the date of service announcement until six months after service inception. 50% of available funds must be spent by launch date.
4. Incentives may be paid directly to the media outlet or reim bursed to the air carrier, should the carrier want to utilize their existing agency relationships. The Airport will reimburse the Airline for these services, up to the allowable program funds, only if the Airline received prior written approval of the media buy from the Airport and only if the Airline produces a detailed invoice outlining the media purchase, their air dates, and a copy of the ads that ran. All qualified reimbursements must be submitted to the Airport for processing no later than 45 days after the expense is incurred. Any delayed reimbursement request in excess of 45 days is subject to a 10% reduction in reimbursable expenses. The Airport may also place ads on the airline’s behalf if desired.
5. The Airport name and/or logo must be incorporated into all airport funded media purchases.
6. Marketing activities that may be supported under this agreem ent include, but are not limited to, print advertising, collateral materials, direct mail and other forms of print marketing; multi- media advertising such as TV, radio, SEM, and interactive (web); and social media/digital advertising such as Facebook, Instagram, X, etc..
7. All eligible funds must be spent in the PSP catchment area as defined by the Airport unless otherwise approved by the Airport.
8. The Airport must approve in advance all advertising and promot ional activities associated with the new service for which the air carrier desires to receive the marketing incentive.
9. All advertising and marketing must comply with FAA regulation s and guidelines for use of airport revenue for such purpose.
10. The Airline and Airport must agree in writing to a marketing strategy for the new service, that includes: the timeline of promotional activities; the medium that will be used, and the budget of the promotion.
11. Should the incentivized service be suspended prior to the ex piration of the incentive period, the Airline shall be responsible for pro-rated reimbursement of all marketing funds spent. The City of Palm Springs, at its sole discretion, may consider waiving repayment of marketing funds if, after operating the incentivized route(s) for a minimum of 4 months, the Airline can provide documented proof that the incentivized route(s) is/are not viable.
Stipulations for Marketing Funds/Support
Item 1E - Page 20
1. Incentive Fee Waivers will be available to FAA Part 121 & 380 Signatory and Non-Signatory airlines with a signed Airport Use and Lease Agreement, a written confirmation of the new service, and an executed Memorandum of Agreement for any incentives provided in this program.
2. The Airline will be eligible for incentives from the first day of service for up to 24 months or 3 seasons depending on levelof service as outlined in applicable incentive options. At the conclusion of the incentive period, the Airline will be invoiced, and must pay, the landing fees and terminal rates, fees, and charges according to the Airport’s published Schedule of Rates, Fees, and Charges as required by its Airport Use and Lease Agreement for the remainder ofthe contract term for each route.
3. Gate Waivers in Options 1-5 include Gate Hold Room/Parking per turn fees. Airlines with a Signatory agreement will receive credits based on the signatory per-turn gate hold room/parking per turn fee for the type of gate used (jet bridge vs. ground board) for the incentivized flights.
4. New Entrant Airlines may receive up to 24 months of full Termin al Waivers which include Ticket Counter & Queue, Airline Ticket Office, and Baggage Service Office depending on level of service as outlined in Incentive Option 6. Waivers may be prorated depending routes offered, existing vs. new, and will be based on existing per turn rates in PSP’s Airline Use and Lease Agreement.
5. Incentives apply only to new scheduled service that results in an increase in the number of total flights offered at PSP by the air carrier at the time the new service is announced. If an air carrier launches new service, it qualifies for incentives only on the new route, not on the existing service. An airline may not reduce frequency to, or cancel, a market it currently serves from PSP in order to launch service to a new airport.
6. If the air carrier reduces frequency of service below the required number of flight operations outlined in this Program, or c eases service on the incentivized route, prior to providing PSP service for the time period outlined in this program, the air carrier shall forfeit its right to claim any additional incentives for that route offered through this Program starting on the date service is reduced. Reducing frequencies on the route during the incentive period to less than an agreed upon level will reduce the amount of the financial incentive and/or result in a proportionate reimbursement to the Airport for dollars already spent. The airline will also forfeit any future incentives on their route(s) for a period of 24 months if it chooses to fully cease service on the route(s). If the airline exits the PSP market entirely it will forfeit any future incentives for 24 months starting on the first day after the airline ceased operations at PSP.
7. At no time shall the City of Palm Springs provide a re bate to an airline for participating in this Program.
Stipulations for Fee Waiver Incentives
Item 1E - Page 21
8. For the purpose of determining eligibility, affiliated airlines, joint venture partners and predecessor and successor airlines in an airline merger or acquisition shall be treated as a single carrier and will not be considered a new entrant to PSP. A regional carrier is eligible for the Program if it markets and sells its service independent of a branded carrier which currently offers service at PSP.
9. If an air carrier receives benefits under the Program and exits a route, or the PSP market, during the incentive period, the air carrier shall repay the City of Palm Springs the total amount of all incentives previously taken for the qualified route(s). Such repayment shall be the Airport’s sole compensation and remedy for the air carrier’s reduction, termination, or discontinuance of flights/routes prior to the expiration of the incentive period. The City of Palm Springs, at its sole discretion, may consider waiving repayment of incentive benefits if, after operating the route(s) for a minimum of 4 months, the air carrier can provide documented proof that the incentivized route(s) is/are not viable.
10. All conditions for receiving incentives will be documented in the Memorandum of Agreement between the airline and the City o fP a l m Springs and are subject to approval by the appropriate City of Palm Springs officials. The Memorandum of Agreement must be signed within 60 days of announcement. Any carrier that fails to comply shall forego all incentives in this program.
11. Once budgeted funds for this Air Service Incentive Program, marketing and waivers, have been expended for the fiscal year th ep r o g ram shall be suspended until additional funds are approved. The Executive Director of Aviation, their designee, or the City of Palm Springs has the right to amend, temporarily suspend, modify, alter, or cancel this Air Service Incentive Program at any time without notice. Funds budgeted for this program shall be determined annually during the City of Palm Springs annual budget process. Funding levels may vary year to year.
12. Daily service must operate at least five days per week, and less-than-daily service must operate at least two days per week. Once an airline announces service on an unserved route it will be considered served and any subsequent announcements by other airlines will fall under other applicable incentive options if any are applicable.
13. Target airport incentives are offered to the first qualifying airline to announce. After a target airport is announced, it will be considered an existing route and will no longer qualify for target airport incentives.
14. Total marketing funds for fiscal year 24/25 (July 1, 2024 – June 30, 2025) is $250,000 and total program fee waivers will not exceed $1,000,000 for this time period.
Once marketing funds and/or fee waivers are exhausted, the program will be suspended until additional funds are approved or an e w f i s c a l y e a r b e g i n s .
Stipulations for Fee Waiver Incentives
Item 1E - Page 22
1. The Airport will host a press conference, if requested, issue press releases, and use social channels to announce new route(s).
2. The Airport will work with the airline to select media options for advertising new service if requested.
3. The Airport will work with local organizations, such as chambers of commerce, to publicize new service.
4. The Airport will host an inaugural event for all new routes if requested.
5. The Airport will feature the new route(s) on its website for a period of up to 60 days following the announcement if requested.
6. The Airport will provide free advertising on its in-terminal digital advertising networks for a period of up to 60 days beginning within the first 60 days following the announcement if requested.
Additional Marketing Support
Item 1E - Page 23
ATTACHMENT Ϯ
Item 1E - Page 24
PSP MONTHLY AIRLINE ACTIVITY REPORT - NON SIGNATORY
AIRLINE: MONTH: YEAR: STATUS: NON-SIGNATORY
SUBMITTED BY: PHONE: EMAIL:
REVENUE ENPLANED DEPLANED TOTAL WAIVED
PASSENGERS 0 Use Fee # Flts # Flts TTL USE WAIVED USE BILLABLE USE BONO USE $0.00 $0.00 $0.00 $0.00
AIR CARGO ENPLANED DEPLANED TOTAL N/A AGUA $0.00 $0.00 $0.00 $0.00 (POUNDS) 0 TOTAL $0.00 $0.00 $0.00
AIRCRAFT
TYPES
SEAT
CAPACITY
MGLW
(1000LBS)
TOTAL
LANDINGS City City City City WAIVED
LANDINGS
BILLABLE
LANDINGS
TOTAL
MGLW
TOTAL
LANDING
FEES
TTL SEAT
CAPACITY
TOTAL
MGLW
WAIVED
TOTAL
LANDING FEES
WAIVED
BILLABLE
LANDING FEES
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
00 0- $ 0 0 - $ - $
TOTALS 00 0 0 0 0 0 0 - $ 0 0 - $ - $
DESTINATION NUMBER REASON City City City City Verification -$ - $ - $ - $ -$ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TTL - $ - $ - $ - $ -$ NOTE: *ONLY Airlines who have approved applications and approved routes ma y qualify for the airline incentive waivers
CANCELLED FLIGHTS AIRPORT USE ONLY - LANDING FEES WAIVED BY DESTINATION
ENPLANED BAGS TOTAL HOLD ROOM USE CITY USE ONLY
N/A
BILLING
N/A
TOTAL MONTHLY LANDINGS BY AIRCRAFT TYPE AIRLINE INCENTIVE QUALIFIED LANDINGS
BY DESTINATION CITY USE ONLY
Rev.11 -NS-6--8-22
Item 1E - Page 25
ATTACHMENT
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Item 1E - Page 26
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE 2024
AIR SERVICE INCENTIVE PROGRAM FOR THE PALM
SPRINGS INTERNATIONAL AIRPORT
WHEREAS, the City of Palm Springs, (“City”), re lies on its tourism economy which is dependent on airline service to the Palm Springs International Airport; and
WHEREAS, the City has recognized the need to incentivize airlines in different ways to market their service to promote airline travel to the City, and to improve airline service through expansion of service from the City to other additional cities throughout the country; and
WHEREAS, on January 20, 1993, the City Council adopted Resolution No. 18019 establishing an Air Service Incentive Program for the summer of 1993, as a means of expanding air service in the summer months when passenger activity is at its lowest; and
WHEREAS, on March 20, 2002, the City Council adopted Resolution No. 20295 establishing an Air Service Development Summer 2002 Incentive Program, to allow for the rebate of certain airline landing fees as a means of incentivizing additional airline service in the summer months of 2002; and
WHEREAS, on January 2, 2003, the City Council adopted Resolution No. 20525 establishing an Air Service Incentive Program, to allow for up to $25,000 to airlines initiating qualifying new service from the City; and
WHEREAS, on June 4, 2003, the City Council approved the Air Service Development 2004 Incentive Program to further enhance air service development activities with air carriers to increase routes served by the City; and
WHEREAS, in 2010, the City established an Airline Marketing Incentive Program allocating $1,000,000 in promotional funding to qualifying new air service at the City; and
WHEREAS, the 2010 Airline Marketing Incentive Program was successfully utilized by the City from 2010 through 2016 with seven different airline carriers providing incentives valued at over $750,000 to reimburse the airlines for marketing programs related to their new air service to the City; and
WHEREAS, on November 14, 2018, the City’s Airport Commission reviewed and recommended approval of a modified Air Service Incentive Program that eliminates Item 1E - Page 27
incentives to airlines for reimbursement of marketing expenditures in exchange for waiver of certain Airport fees for qualifying new airline service to the City; and
WHEREAS, on December 9, 2021, the City Council voted to increase the cap of the 2019 Air Service Incentive Program by $353,000 to approve all existing air service applications, suspended the program and asked staff to research and develop a new program to promote and incentivize expanded and new airline service to the City.
WHEREAS, on March 24, 2022, the City Council adopted Resolution No. 24996 establishing the 2022 Air Service Incentive Program.
WHEREAS, the City Council has reviewed and considered the benefits of its prior Air Service Incentive Programs and recognizes the need continue to promote and incentivize expanded and new airline service to the City with an updated program, and on _______________, 20__, considered and approved the 2024 Air Service Incentive Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The recitals above are found to be true and correct and constitute the findings of the City Council made in support of this resolution.
Section 2. The 2024 Air Service Incentive Program for the Palm Springs International Airport, attached hereto as Attachment “A”, and incorporated herein by reference, is hereby approved.
Section 3. The City Manager is hereby authorized to execute and approve a Memorandum of Agreement with airlines providing waiver of certain Airport fees for qualifying new airline service in accordance with the 2024 Air Service Incentive Program, in an amount equivalent to the total amount of fee waivers and marketing funds granted through the term of the Memorandum of Agreement. To the extent the total amount of any such fee waiver for an individual airline exceeds $25,000, the City Manager is hereby authorized to approve the Memorandum of Agreement.
Section 4. The total cumulative amount of any fee waivers granted and/or marketing funds provided pursuant to the 2024 Air Service Incentive Program shall be reviewed and determined on an annual basis during the City’s budget process. The Executive Director of Aviation shall maintain a record of all fee waivers and marketing funds granted pursuant to any Memorandum of Agreement approved by the City Manager, and shall suspend the 2024 Air Service Incentive Program at such time as the annual budgeted amount has been exceeded, unless subsequently extended by action of the City Council.
Item 1E - Page 28
ADOPTED THIS ____ day of ________ 20__.
S c o t t C . S t i l e s
City Manager
ATTEST:
Brenda Pree, 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__________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, MMC, CERA, City Clerk
C i t y o f P a l m S p r i n g s
Item 1E - Page 29
ATTACHMENT “A”
Item 1E - Page 30
Item 1E - Page 31
Item 1E - Page 32
Item 1E - Page 33
Item 1E - Page 34
Item 1E - Page 35
Item 1E - Page 36
Item 1E - Page 37
Item 1E - Page 38
ATTACHMENT
E
tWZK'ZD/E
Ed/s
^
Item 1E - Page 39
Target
Airport
(Year-round)
Un-Served
Airport
(Year-round)
Existing
Airport
(Year-round)
Un-Served
Airport
(Seasonal)
Existing
Airport
(Seasonal)
Marketing $75,000 $50,000 $15,000 $25,000 $10,000
Landing
Fee
Waivers
100% for 24
months
100% for 24
months
50% for six
months
100% for
first three
seasons
50% for first
season
Gate
Waivers
100% for 24
months
100% for 24
months
50% for six
months
100% for
first three
seasons
N/A
Target Airport: Atlanta, Charlotte, Chicago, Detroit, Hawaii, Houston, Minneapolis, New York City, Philadelphia, Spokane, Toronto, Washington, D.C. (DCA,IAD,BWI)
Un-Served Airport: Any airport without existing service of any type from PSP and not on the Target Airport list Existing Airport: Any airport with existing service of any type from PSP .
Stipulations: Airline must operate one round trip flight five days or more per week for 46 weeks per year to qualify for year-round incentives. Airlines must operate one round trip flight five days or more per week for 20 weeks to qualify for seasonal incentives. Service must be to an airport in the US, Canada, or Mexico. Target and Existing Airport incentives are not valid for airlines with existing service on the route they’re applying for. Incentives are not valid for international airports without US Customs Pre-Clearance until PSP opens FIS facility. Target Airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 1:
Daily Service
Item 1E - Page 40
Target Airport Other Airport
Marketing $75,000 $25,000
Landing Fee Waivers 100% for additional
months for two years
100% for additional
months for two years
Gate Waivers 100% for additional
months for two years
100% for additional
months for two years
Target Airport: Atlanta, Chicago-ORD, Dallas-DAL, Houston-IAH, Minneapolis, Portland-PDX, Toronto-YYZ, New York-JFK.
Other Airport: Any airport with existing seasonal service of any type from PSP and not on the Target Airport list Stipulations: Airline must operate one round trip flight four days or more per week for 46 weeks per year. Service must be to an airport in the US or Canada. Applicant airline must have existing seasonal service on route applied for. Only previously unserved months will qualify for waiver incentives in years one and two of their operation. Landing Fee and Gate Waivers are provided fort h e previously unserved months/dates for years one and two of the additional service. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 2:
Seasonal to Year-Round Conversion
Item 1E - Page 41
Target
Airport
(Year-round)
Target
Airport
(Seasonal)
Un-Served
Airport
(Year-round)
Un-Served
Airport
(Seasonal)
Existing
Airport
Marketing $75,000 $50,000 $50,000 $25,000 $10,000
Landing
Fee
Waivers
100% for 24
months
100% for
three
seasons
100% for 24
months
100% for
first three
seasons
50% for six
months
Gate
Waivers
100% for 24
months
100% for
three
seasonal
100% for 24
months
100% for
first three
seasons
N/A
Target Airport: Atlanta, Charlotte, Chicago, Detroit, Hawaii, Houston, Minneapolis, New York City, Philadelphia, Spokane, Toronto, Washington, D.C. (DCA,IAD,BWI)
Un-Served Airport: Any airport not on the Target Airport list without existing year-round or seasonal non-stop service from PSP .
Existing Airport: Any airport with existing service of any type from PSP .
Stipulations: Airline must operate one round trip flight two days or more per week for 46 weeks per year to qualify for year-round incentives. Airlines must operate one round trip flight two days or more per week for 24 weeks per season to qualify for seasonal incentives. Service must be to an airport in the US, Canada, or Mexico. Target and Existing Airport incentives are not valid for airlines with existing service on the route they’re applying for. Incentives are not valid for international airports without US Customs Pre- Clearance until PSP opens FIS facility. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 3:
Less-Than-Daily Service
Item 1E - Page 42
Target
Airport
(Year-round)
Un-Served
Airport
(Year-round)
Target
Airport
(Seasonal)
Un-Served
Airport
(Seasonal)
Marketing $200,000 $100,000 $150,000 $75,000
Landing Fee
Waivers
100% for 24
months
100% for 24
months
100% for 3
seasons
100% for 2
seasons
Gate
Waivers
100% for 24
months
100% for 24
months
100% for 3
seasons
100% for 2
seasons
Target Airport: Amsterdam, Bogota, Dublin, Frankfurt, London, Madrid, Munich, Panama City, Paris.
Un-Served Airport: Any airport without existing service of any type from PSP , located outside of North or Central America, and not a Target Airport.
Stipulations: Airline must operate one round trip flight two days or more per week for 46 weeks per year to qualify for year-round incentives.
Airlines must operate one round trip flight two days or more per week for 20 weeks per season to qualify for seasonal incentives. Not valid for service to airports located in North or Central America, Gulf of Mexico, or Caribbean. Not valid until PSP opens an FIS facility. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 4:
Intercontinental Service
Item 1E - Page 43
Target Airport: Atlanta, Chicago, Detroit, Houston, Minneapolis, New York City, Toronto, Washington, D.C. (DCA,IAD,BWI) Un-Served Airport: Any airport without existing service of any type from PSP and not on the Target Airport list.
Stipulations: Summer season is defined as May 1 to September 30 each year. Airline must operate one round trip flight two days or more per week for from May 1 through September 30 to qualify for incentives. Service must be to an airport in the US, Canada, or Mexico. This incentive does not apply for airlines who have operated the route they apply for at any point in the past 24 months .Valid only for airlines with no existing service on route(s) applied for. Incentives are not valid for international airports without US Customs Pre-Clearance until PSP opens FIS facility. Target airport incentives are offered only to the first qualifying airline to announce service to that airport.
Option 5:
Summer Seasonal Service
Target Airport Un-Served Airport
Marketing $75,000 $25,000
Landing Fee Waivers 100% for first three
summer seasons
100% for first three
summer seasons
Gate Waivers 100% for first three
summer seasons
100% for first three
summer seasons
Item 1E - Page 44
Daily Year-Round Less-Than-Daily &
Seasonal
Marketing $50,000 $25,000
Terminal Waivers
(Service to Existing Airport) 100% for 12 months 100% for 12 months Terminal Waivers
(Service to New Airport) 100% for 24 months 100% for 24 months Daily Year-Round Service: Airline must operate at least one round trip daily flight five days per week for 44 weeks.
Less-Than-Daily & Seasonal: Airline must operate at least one round trip daily flight two days per week for four months.
Stipulations: Only available to airlines that have not served PSP in the past 24 months preceding their service start date. Marketing funds in this option are in addition to marketing funds for specific routes provided in other options in this program. If airline enters PSP with service to an existing market (a market with any type of scheduled service), terminal waivers are offered for no more than 12 months. If airline enters PSP with service to a new airport, terminal waivers are offered for no more than 24 months. If airline enters PSP with service to a mix of existing and new airports, terminal waivers will be pro-rated with existing per-turn rates.
Option 6:
New Entrant Airlines
Item 1E - Page 45
CITY COUNCIL STAFF REPORT
DATE: JUNE 13, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONSTRUCTION CONTRACT NO. 24C111 WITH MIRACLE
RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND
INSTALLATION OF PLAYGROUND EQUIPMENT AT BARISTO PARK
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This action will approve Construction Contract 24C111 with Miracle Recreation Equipment Company, in the amount of $383,074.62 for the purchase and installation of playground equipment at Baristo Park.
RECOMMENDATION:
1. Approve Construction Contract 24C111 (Attachment A) with Miracle Recreation Equipment Company, to purchase and install playground equipment at Baristo Park, in an amount not to exceed $383,074.62;
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form ( Attachment B ), Miracle Recreation Equipment Company is a corporation registered in the State of Iowa.
BACKGROUND:
The installation of the existing playground equipment at Baristo Park was completed at the start of 2011. The typical life expectancy for playground equipment is estimated at 15 years. Staff has identified the playground at Baristo Park as having reached the end of its useful life, requiring replacement. Earlier this year, two large new shade structures were installed over the two playground equipment areas, except for the swing set area which is currently open air. Over the past months, P ublic Works staff has worked with Parks & Recreation staff on the layout and playground equipment features. Those plans were then Item 1F - Page 1
reviewed by the Park Enhancement Ad- Hoc of the Parks & Recreation Commission as well as the Parks & Recreation Commission for additional input and feedback.
On May 20, 2024, the Parks & Recreation Commission received a presentation from representatives of Miracle Recreation Equipment Company and discussed the elements of the playground features for Baristo Park to ensure that there would be a variety of colors and types of play elements for the age groups. At the conclusion, the Parks & Recreation Commission voted to recommend approval of the project to move forward to City Council for consideration with the request to include an additional shade feature to be installed over the swings at Baristo Park which was not depicted in a rendering at that time. Similar to other park playground projects, the specific colors of the playground equipment pieces and shade structure will be coordinated with staff and the Park Enhancement Ad-Hoc.
STAFF ANALYSIS:
In accordance with City of Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” the Department of Public Works is proposing to enter into a Construction Contract for the purchase and installation of playground equipment and shade structures at Baristo Park, under Sourcewell Cooperative Contract 010521-LTS.
The new playgrounds will enhance park aesthetics and safety. The new playground equipment is compliant with ADA (Americans with Disabilities Act), ASTM/CPSC (American Society for Testing and Materials/Consumer Product Safety Commission), as well as IPEMA (International Play Equipment Manufacturers Association) Cert ified to ASTM F1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use.
The playground equipment installation includes custom play areas with playground structures designed for youth 2-5 years old and youth 5-12 years old; and a two-bay swing set with integrated shade, as shown in the images on the following pages.
Item 1F - Page 2
Playground Equipment for youth age group 5-12 years
(Note, existing shade structure not depicted)
Playground Equipment for youth age group 5-12 years
(Note, existing shade structure not depicted)
Item 1F - Page 3
Playground Equipment for youth age group 2-5 years
(Note, existing shade structure not depicted)
Playground Equipment for youth age group 2-5 years
(Note, existing shade structure not depicte
d)
Item 1F - Page 4
Swing Set with Shade Structures
As part of this project, an integrated shade structure will be installed with the installation of the new swing set, as existing shade structures exist over both the 2–5- year-old and 5-12-year-old playground areas. New playground rubber surfacing will also be installed, allowing for a safe play experience.
Staff has reviewed the cooperative contract pricing and finds that Miracle Recreation Equipment Company pricing is in line with the Sourcewell contract and recommends the approval of the Construction Contract No. 24C111, in the amount of $383,074.62.
ENVIRONMENTAL ASSESSMENT
:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, in accordance with Section 15301 (b), Staff has Item 1F - Page 5
determined that replacement playground equipment are considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.
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 in Capital Projects accounts 2613225-80000 and -50119.
REVIEWED BY:
Public Works Director: David McAbee
Parks & Recreation Director: Yvonne Wise
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Construction Contract No. 24C111
B. Public Integrity Disclosure Form
Item 1F - Page 6
ATTACHMENT A
Item 1F - Page 7
CITY OF PALM SPRINGS
SHORT FORM CONSTRUCTION CONTRACT 24C111
BARISTO PARK REPLACEMENT PLAYGROUND EQUIPMENT
1. PARTIES AND DATE.
This Contract is made and entered into this 17TH day of June, 2024 by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Miracle Recreation Equipment Company, an Iowa co rporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS
.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Procurement. This c o ntract is made and entered into in refer ence to the competitively solicited Sourcewell Contract #010521-LTS (“Cooperative Agreement”)
2.3 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing removal and replacement of playground equipment structures at Baristo Park related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class B
2.4 Project. City desir es to engage Contractor to render such services for the Baristo Park Replacement Playground Equipment (“Project”) as set forth in this Contract.
2.5 Project Documents & Certifications . Co nt ractor has obtained, and delivers concurrently herewith, payment and performance bonds, and insurance documents as required by the Contract.
3. TERMS
3.1 Compe
nsation and Payment.
3.1.1 Amount of Compensation . As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Three Hundred Eighty-Three Thousand Seventy-Four Dollars and Sixty-Two cents ($383,074.62) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed Item 1F - Page 8
since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prom
pt Payment . City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contra
ct Retentions . If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other
Retentions . In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City , incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Subst
itutions for Contract Retentions . Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
Item 1F - Page 9
3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title
to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it w ill not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor an
d Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Incorporation of Documents. Thi
s Contract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Executive Order N-6-22 Certification (Exhibit “G”)
• Change Orders executed by the City
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.3 Contractor’s Basic Obligation; Scope of Work.
3.3.1 Sco
pe of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometim es referred to as the “ Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special C onditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
Item 1F - Page 10
3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion i s approved in advance and in writing by a valid change order executed by the City.
3.3.3 Change
Orders. Changes to the Contract Time (as defined in Section
3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark- ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
3.3.4 Changes
Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.3.5 Changes
Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.4 Substitutions/”Or Equal”. Pur
suant to Public Contract Code Section 3400(b),
the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or Item 1F - Page 11
article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “ or equal ” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.5 Period of Performance and Liquidated Damages.
3.5.1 Contractor shall perform and complete all Work under this Contract within 115 working days, beginning the effective date of the Notice to Proceed (“Contract Time”).
Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Thousand Dollars ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time Item 1F - Page 12
extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non- compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
3.5.3 A Force Majeure Event shall mean an event that materially affects a party’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); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor ’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City , shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City . Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.
Item 1F - Page 13
3.9 Labor.
3.9.1 Prev ailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “ public works ” and “maintenance” projects. Since the Work is 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenti
ceable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of
Work . Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one- half (1-1/2) times the basic rate for that worker.
3.9.4 Payrol
l Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Item 1F - Page 14
Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contr
actor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Co
mpliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.1 0.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compli
ance with the Statewide Construction General Permit .
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total Item 1F - Page 15
land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor ’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Oth
er Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City , or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost
of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liabili
ty for Non- Compliance. Failure to comply with laws,
regulations, standards, ordinances, and permits listed in Sections 3. 10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reserv
ation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney ’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Traini
ng. In addition to the standard of performance
requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and pol icies described in paragraph 3.10. 1.
Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and pol icies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety.
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state Item 1F - Page 16
and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws an
d Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City , Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permi
ts and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.10.5 Trenchi
ng Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground dur ing the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazard
ous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, n otify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II Item 1F - Page 17
or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City ; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.10.7 Undergr ound Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.10.8 Air Qu ality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “ portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.
3.10.9 State R
ecycling Mandates. Contractor shall comply with State
Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspe
ction Of Site . Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its a ccessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.
3.10.11 Field M
easurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. W
hen Contractor determines that it has completed the
Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City , the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the Item 1F - Page 18
City. Once the Work is acceptable to City , City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Secti on 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Cla
ims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Suppo
rting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Sum mary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
Item 1F - Page 19
(D) Schedules
(E) Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost , including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.5 City’ s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the C laim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the C laim will be processed and made within 60 days after the City issues its written statement.
3.12.5.1 If City nee ds approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the C laim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.12.6 Meet an
d Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
3.12.7 Mediati
on. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor Item 1F - Page 20
shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
3.12.7.1 If the Parties cannot agree upon a mediator, each P arty shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the P arties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.12.8 Proc
edures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.12.9 Civil Ac t
ions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
3.12.9.1 Wit hin 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.
The mediation process shall provide for the selection within 15 D ays by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
Item 1F - Page 21
3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.12.10 Gover
nment Code Claim Procedures.
3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contrac tor may not file any action against the City.
3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated C laims that arise after the Government Code claim is submitted.
3.12.11 Non-Wai
ver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the C laim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this C ontract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.14 Indemnification.
3.14.1 Sco
pe of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and Item 1F - Page 22
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, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, offic ers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
3.14.2 Addit
ional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.15 Insurance.
3. 15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.15.2 Minim
um Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the f ollowing minimum levels of coverage:
3.15.2.1 Minim
um Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Item 1F - Page 23
Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Mini mum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers ’ Compensation and Employer ’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.
Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notic
es; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
3.15.3 Insuranc
e Endorsements . The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General
Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials , employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Auto
mobile Liability . (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor Item 1F - Page 24
or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.15.3.3 Work ers’ Compensation and Employer ’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.15.3.4 All C overages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City ; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builde
rs’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.15.5 Separat ion of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
3.15.6 Profe
ssional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.15.7 Deduct
ibles and Self -Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related inves tigation costs, claims and administrative and defense expenses.
3.15.8 Acce ptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
Item 1F - Page 25
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City . The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subco
ntractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporti
ng of Claims. Contractor shall report to the City , in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Paym ent Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Perfor mance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.3 Bond P r ovisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City . In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the C ontract for cause.
3.16.4 Surety
Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a Item 1F - Page 26
California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non- conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor ’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.18 Employee/Labor Certifications.
3.18.1 Contr
actor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contrac t as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal
Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Item 1F - Page 27
3.18.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at a ny time, either with our
without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liab
ility of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor -in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Confli
ct of Interest . Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract 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 Contract.
3.20.3 Covena
nt Against Discrimination . In connection with its performance under this Contract , 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 Contract , and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
Item 1F - Page 28
3.21 General Provisions.
3.21.1 City’ s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Contract ( “City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.21.2 Contra ctor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative” ). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor ’s Representative shall supervise and direct the Work, using his best skill and attentio n, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor ’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City , shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.21.3 Contra
ct Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.21.4 Anti-Tr
ust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.21.5 Notice
s. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
MI
RACLE RECREATION EQUIPMENT COMPANY
878 HIGHWAY 60
MONETT, MO 65708
ATTN: KEVIN WALKER
Item 1F - Page 29
CITY:
CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
ATTN: CITY MANAGER & CITY CLERK
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21.6 Tim
e of Essence. Time is of the essence in the performance of this Contract.
3.21.7 Assi gnment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.21.8 No Thi r
d Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; V enue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attor neys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract , the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counter parts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Succ e ssors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.21.13 Solicit
ation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certi
fication of License.
Item 1F - Page 30
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors ’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.21.15 Author ity to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Enti re Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.21.17 Non-Waiv
er. None of the provisions of this Contract shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.21.18 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.
3.22 Compliance with Economic Sanctions in Response to Russia's Actions in Ukr
aine. 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 Attachment “G” (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 1F - Page 31
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND MIRACLE RECREATION EQUIPMENT COMPANY
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: _June 13, 2024_
_____ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ D
ate:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1F - Page 32
EXHIBIT “A”
SERVICES / SCHEDULE
Scope of services shall include the purchase and installation of playground equipment and shade st ructures at Baristo Park as identified in Exhibit B, in accordance with the Cooperative Purchase Pricing identified by Sourcewell Contract #010521-LTS.
Item 1F - Page 33
EXHIBIT “B”
SCHEDULE OF COMPENSATION
Item 1F - Page 34
Destination $0-$999 $1,000-$4,999 $5,000-
$14,999
$15,000-
$24,999
$25,000-
$49,999
$50,000-
$99,999
$100,000 &
above
Playground Structures All 50 States & Canada List Plus
Freight List Less 3% List Less 8% List Less 1 3% List Less 17% List Less 20% List Less 23% Early Childhood, Site
Amenties & Shade All 50 States & Canada List Plus
Freight List Less 3% List Less 7% List Less 7 % List Less 10% List Less 15% List Less 20% Replacement Parts &
Hardware All 50 States & Canada List Less 2% List Less 2 % List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% Custom Equipment:
Level 1 Customs Priced not to exceed $10,000
Level 2 Customs Priced from $10,001 - $25,000
Level 3 Customs Priced from $25,001 - $50,000
Level 4 Customs Priced from $50,0001 - $100,000
Level 5 Customs Priced from $100,001 - $250,000
Turnkey Solutions:
Equipment Installation
Demo & Removal of
Existing Equipment
Site Preparation
Planning & Design Services
Engineered Wood Fiber
Surfacing
Poured in Place Rubber
Surfacing
Playground Turf
Rubber Tile Surfacing
Community Build Layout
& Supervision
Maintenance & Repairs
Bonding
Notes:
PlayPower Equipment Volume Rebates:
$1,000,000 to $1,499,99 2% Rebate
$1,500,000 and above 3% Rebate
4) Customer shall be responsible for providing a clear, level site and for coordinating the scheduling of all deliveries and installation 5) Site should permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional costs 6) Equipment installation pricing excludes all site work and landscaping; removal of existing equipment; storage of goods prior to installation; and drainage provisions. Call local representative for an estimate for site services
7) Building Permits, if required, shall be charged at the provider's cost PlayPower offers the following customer volumne rebate based on the calendar year:
$500,000 to $999,999 1% Rebate
3) Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment unless other arrangements have been made
Priced from $2500 - $6000 per day. Pricing can vary greatly by state/province and across the various regions of the country Priced from $0 - $2500 per day. Pricing can vary greatly by state/province and across the various regions of the country Priced from $38 - $58 per cubic yard. Pricing can vary greatly by state/province and across the various regions of the country Priced not to exceed $20 per square foot. See separate price schedule Priced not to exceed $22 per square foot
Priced not to exceed $24 per square foot
Priced from $750 - $1000 per man day plus materials & equipment. Pricing can vary greatly by state/province and across the various regions of the country
Priced from $60 - $75 per man hour plus materials & equipment. Pricing can vary greatly by state/province and across the various regions of the country
Not to exceed 5% of billed amount
1) All equipment to be installed in accordance with specifications by PlayPower factory-certified professional installers 2) Equipment shall be installed within four (4) weeks of product delivery, unless requested by agency to be delayed Priced from $2500 - $6000 per day. Pricing can vary greatly by state/province and across the various regions of the country Miracle Recreation Equipment Prices and Labor Rates
Sourcewell Contract #010521 Equipment Pricing & Labor Rates FOB ORIGIN (FREIGHT NOT INCLUDED) Order Amount
Priced from 30% - 65% of Equipment List Price. Pricing can vary greatly by state/province and across the various regions of the country Miracle .
I I
I I
............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 ............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 ............................................................................... 1 ................................................................................................................................................................................................................................................................................................................................................................................................................................ ,1 .............................................................................. 1 .................................................................................................................................................................................................................................................................................................................................................................................................................................. ,1 .............................................................................. 1 .................................................................................................................................................................................................................................................................................................................................................................................................................................. ,1 ............................................................................... 1 ................................................................................................................................................................................................................................................................................................................................................................................................................................ ,1 ............................................................................... 1 ................................................................................................................................................................................................................................................................................................................................................................................................................................ ,1 ............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 """""""""""""""""""""""""""""""""""""""'1""'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"""'"'"'"'"'"'"'"'"'"''"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'1 ............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 Item 1F - Page 35
Baristo Park - City of
Palm Springs -
Miracle Structure
Miracle .
Item 1F - Page 36
Item 1F - Page 37
Item 1F - Page 38
Item 1F - Page 39
Item 1F - Page 40
Item 1F - Page 41
GROUND SP
ACE:
PROTECTIVE
AREA:
DRA
WN BY
:
DA
TE:
PHONE NO:
F
AX NO:
COMPLIES
T
O
ADA
COMPLIES
T
O
ASTM/CPSC
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play
.
THE PLA
Y
COMPONENTS IDENTIFIED IN
THIS
PLAN
ARE IPEMA
CER
TIFIED.
THE USE
AND
LA
YOUT
OF
THESE COMPONENTS CONFORM
T
O
THE REQUIREMENTS OF
ASTM F1487.
AN ENERGY
ABSORBING PROTECTIVE
SURF
ACE IS REQUIRED UNDER &
AROUND
ALL
PLA
Y
SYSTEMS
(877)
215
-3869
Palm Springs, CA
Baristo Park
R0036_45264446365
951
-254
-2409
Corona,CA
1 101 California
A
ve
12/8/2023
Bryce Lawrence
127'
-6" x 44'
-0"
1 15'
-6"
x 38'
-6"
MIRACLE PLA
YGROUND SALES, INC.
ELEV
A
TED PLA
Y
ACTIVITIES
-
T
OT
AL:
ELEV
A
TED PLA
Y
ACTIVITIES
ACCESIBLE BY
TRANSFER:
ELEV
A
TED PLA
Y
ACTIVITIES
ACCESIBLE BY
RAMP:
GROUND LEVEL
ACTIVITY
TYPE:
GROUND LEVEL
QUANTITY
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
2-5
3 3
5 0
9 5
4 0
8 ELEV
A
TED PLA
Y
ACTIVITIES
-
T
OT
AL:
ELEV
A
TED PLA
Y
ACTIVITIES
ACCESIBLE BY
TRANSFER:
ELEV
A
TED PLA
Y
ACTIVITIES
ACCESIBLE BY
RAMP:
GROUND LEVEL
ACTIVITY
TYPE:
GROUND LEVEL
QUANTITY
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5-12
3 3
4 0
8 7
4 0
8 -
Miracle
Item 1F - Page 42
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 6502
Estimate Date 05-21-2024
Expiration Date 06-23-2024
Customer City of Palm Springs
Name Tabitha Richards
Phone (760) 323-8202
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Baristo Park - City of Palm Springs - Miracle Structure Description Quantity Price Discount Total
MREC 5-12
Custom 5-12 Year Old
Playground from Miracle
recreation Equipment Company.
Drawing Number
R0036_45264446365
1 $49,431.00 22.00% $38,556.18
MREC 2-5
Custom 2-5 Year Old Playground
from Miracle Recreation
1 $44,514.00 22.00% $34,720.92
MREC Freestanding
Two Bay Swing Set with
Integrated Shade and with 2 Belt,
1 Generation and 1 Inclusive
1 $17,530.00 22.00% $13,673.40
Miracle .
Item 1F - Page 43
Stamped Drawings
Stamped Drawing for
Playgrounds and Integrated
Shade
5 days at $1500 a day
1 $7,500.00 0.00% $7,500.00
$94,450.50
9.25% Sales Tax $8,736.67
Product Total $103,187.17
Description Quantity Rate
Freight Miracle
Shipping costs for Miracle Recreation Equipment. All
prices FOB Destination. Unloading is the
responsibility of the receiver. Parts will arrive loose and/or palletized. We recommend at least three people
to unload a full play structure delivery.
1 $6,041.00
Site Preparation
Mobilize Equipment and Materials
1 $3,500.00
Demo & Removal of Existing Equipment
DEMO AND DISPOSE OF EXISTING PLAYGROUND
EQUIPMENT. EXISTING USA SHADES TO REMAIN IN
PLACE (4 DAYS)
4 $11,400.00
Demo & Removal of Existing Equipment
DEMO AND DISPOSE OF EXISTING CONCRETE RAMPS.
APPROXIMATELY 200 SQFT. (1 DAY)
1 $3,000.00
Demo & Removal of Existing Equipment
DEMO AND DISPOSE OF EXISTING POUR IN PLACE
RUBBER SURFACING AND SUB BASE MATERIALS.
APPROXIMATELY 750 SQFT. (1 DAY) + COST OF
DISPOSAL FEES.
1 $5,980.00
Item 1F - Page 44
Demo & Removal of Existing Equipment
EXCAVATION AND DISPOSE OF EXISTING WOOD
CHIPS. APPROXIMATELY 6,113 SQFT. (2 DAYS) +
COST OF DISPOSAL FEES.
2 $11,960.00
Site Preparation
CONSTRUCTION OF CONCRETE KEY CURB.
APPROXIMATELY 403' LINEAR FEET. (3 DAYS) +
COST OF CONCRETE
3 $17,612.25
Site Preparation
PROVIDE, GRADE AND COMPACT SUB BASE
MATERIALS. APPROXIMATELY 6,863 SQFT. (3 DAYS) +
COST OF MATERIALS
3 $17,757.15
Equipment Installation
INSTALLATION ONL Y OF MIRACLE RECREATION
EQUIPMENT - REFER TO MREC DRAWING
R0036_45264446365 TO BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. ORTCO IS A
MREC CERTIFIED INSTALLER (10 DAYS)
10 $53,438.20
Poured in Place Rubber Surfacing
PROVIDE AND INSTALL POUR IN PLACE RUBBER
SURFACING. 50/50 BLACK AND STANDARD COLOR
WITH AROMATIC BINDER. EXCLUDES DESIGNS
AND GRAPHICS. APPROXIMATELY 6,863 SQFT. FOR AN
AVG. CFH OF 8'. (5 DAYS) PLUS MATERIALS.
5 $136,210.60
Planning & Design Services
COST TO SUBMIT PLAYGROUND ENGINEERING TO CITY
BUILDING AND SAFETY DEPARTMENT. (3 DAYS)
3 $5,468.25
Bond Fee 1 $7,520.00
$279,887.45
Tax $0.00
Item 1F - Page 45
Shipping, Handling and Non Taxable Services Total $279,887.45 Pricing based on Miracle Recreation's Sourcewell contract #01521-L TS (formerly known as NJPA) Grand Total $383,074.62
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 1101 California Ave Suite 209 Corona, CA 92881 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.
Item 1F - Page 46
WHY MIRACLE ®
Item 1F - Page 47
Miracle brings you the thrills of a lifetime.
Miracle is one of the nation’s fi rst and most innovative playground equipment manufacturers. We fi rst began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid-powered merry-go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven more than 90 years of innovation, including the introductions of the fi rst fi berglass slide (1963), the 25-foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space.
This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.
VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.
GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.
MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fi ngers safe.
COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.
The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specifi cation, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.
Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.
SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety specifi cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.
To verify product certifi cation, visit www.ipema.org.
miracle-recreation.com 193
e
~M,l,ffOlll.&L
sr..-d1Wot1d,old•
l~
NTERNAT I ONAL
PLAY EQUIPMENT
MANUFACTURERS
ASSOCIATIOr-1
MEMBER
Item 1F - Page 48
Red lime Forest GreenTropical YellowYellow ChartreuseOrange Green lavender Plum BurgundySkyTeal Cyan Blue Cobalt
Beige WhiteBrown light GrayBrownstone GraystoneDark Brown Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.
Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
Item 1F - Page 49
Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).
Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.
Yellow Habanero Rainforest Desert Dunes GrayOrange Mediterranean Safari Mahogany White Red Hunter GreenRoyal Blue SandBrown Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.
Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.
Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
Item 1F - Page 50
Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.
Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.
Miracle-Recreation.com198 COLOR CHOiCES
Item 1F - Page 51
Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.
Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:
1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT : Aluminum deck posts, steel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.
2. lIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.
3. lIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception:
limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, zesty lime, Cinnamon, and Olive .)
4. lIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, Uv deterioration and defects in materials and workmanship (Note Exception: limited Three (3) Year Warranty for fabric in shades of red).
5. lIMITED FIvE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PvC coating and PE coa ting against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).
6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.
7. lIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.
BUYER’S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. lIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.
Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.
Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.
THE FOREGOING lIMITED WARRANTY IS THE SOlE AND EXClUSIvE WARRANTY FOR SEllER’S PRODUCTS, AND IS IN lIEU OF All OTHER WARRANTIES, EXPRESS OR IMPlIED, IN lAW OR IN FACT. SEllER SPECIFICAllY DISClAIMS All OTHER WARRANTIES, EXPRESS OR IMPlIED, INClUDING, WITHOUT lIMITATION, All IMPlIED WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR USE OR PURPOSE, AND ANY IMPlIED WARRANTIES ARISING OUT OF COURSE OF DEAlING OR PERFORMANCE OR TRADE USAGE. SEllER SHAll NOT BE lIABlE FOR ANY INCIDENTAl, CONSEqUENTIAl, EXEMPlARY, SPECIAl, OR PUNITIvE DAMAGES, OR ANY lOSS OF REvENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN C ONNECTION WITH THE SAlE, INSTAllATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EvENT WIll SEllER BE lIABlE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIvE PRODUCT.
Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY Item 1F - Page 52
• ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN-1176. Miracle® offers
playgrounds that have been certified by Tüv
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
• IPEMA Member: Miracle® is a member in good
standing of the International Play Equipment
Manufacturer’s Association (IPEMA), a mem-
ber-driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
• In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, TÜv SÜD America Inc., (TÜv),
validates an equipment manufacturer’s certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA z614 Children’s Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org.
• In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, TÜv SÜD America Inc.,
(TÜv), validates a surfacing manufacturer’s
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org.
Certifications
Miracle-Recreation.com194 CERTIFICATIONS
~~~~
·-· ·-· ~~ TM
lntertek
~~.~~
·-· ·-·
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CERTIFIED
CSAW47 .1
•
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Item 1F - Page 53
EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City two identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the
California Labor Code which require every employer to be insured against liability for Worker ’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
MIRACLE RECREATION EQUIPMENT COMPANY
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
---
Item 1F - Page 54
EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bi
d on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of Contractor:
DIR Registration Number:
DIR Registration Expiration: __________________________ Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor:____________________
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Item 1F - Page 55
EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
Item 1F - Page 56
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to Miracle Recreation Equipment Company, (hereinafter referred to as the “ Contractor”) an agreement for Baristo Park Replacement Playground Equipment (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 17, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Miracle Recreation Equipment Company , the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Eighty-Three Thousand Seventy- Four Dollars and Sixty -Two Cents, ($383,074.62), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, execut
ors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
Item 1F - Page 57
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price ” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
Item 1F - Page 58
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corpor
ate authority attached.
(Attach Attorney-in-Fac t Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Item 1F - Page 59
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who pr oved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
I I
Item 1F - Page 60
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “ City”), by action taken on June 13, 2024 has awarded to Miracle Recreation Equipment Company hereinafter designated as the “Principal,” a contract for the work described as follows:
Baristo Park Replacement Playground Equipment (the “P roject”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contr
act Documents for the Project dated June 17, 2024 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; provi
ding that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Sur ety,
are held and firmly bound unto the City in the penal sum of Three Hundred Eighty-Three Thousand Seventy-Four Dollars and Sixty-Two Cents ($383,074.62) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcont
ractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials , provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Item 1F - Page 61
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Item 1F - Page 62
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who pr oved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
I I
Item 1F - Page 63
EXHIBIT “G”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1F - Page 64
ATTACHMENT B
Item 1F - Page 65
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
c~.
2. e ,<a f. w &o
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
5. Type of Entity
~poration 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 -"16!,l--lvl-\'f-1 • .zcV::;.;..""-=-----P"' L~,-U:: ....... ~<+----------~cer Director Member Manager 1" "'t' [name]
D General Partner D Limited Partner
D Other ____________ _
_ G ___ ~l--...... [_,,r'-'l'-'Ct_,,_j-t-----------~cer D Director D Member D Manager ' [name]
D General Partner D Limited Partner
Other ____________ _
-~--1,_w___;;__c\=---.;.,_w .... -.... · "-"-'-Ul ....... ..av.ar.alll, '"-----------~er Director Member Manager [name]
(Revised 09 13 18)
D General Partner D Limited Partner
Other ____________ _
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page1of2
Item 1F - Page 66
7. Ownersflnvestors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
~ ki.~~er/investor]
I Oo
[percentage of beneficial interest in
entity
and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
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.
(Revised 09 13 18)
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM