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
JULY 25, 2024
4:00 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
Mayor Pro Tem deHarte will be participating via teleconference from 44125 North Santiam Highway SE, Detroit, OR 97342
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
4:00 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.
July 25, 2024 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. COLLEGE OF THE DESERT UPDATE
B. LIBRARY RENOVATION 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.
July 25, 2024 City Council Regular Meeting Agenda 3
A. APPROVE A CONTRACT SERVICES AGREEMENT FOR ECONOMIC
DEVELOPMENT CONSULTING SERVICES
RECOMMENDATION:
Approve Contract Services Agreement No. 24P168 with CVL Economics LLC to provide economic development consulting services for an amount not to exceed $375,080 for a three-year term with two one-year options to renew at the City’s sole discretion.
1. Appropriate and budget funds in the amount of $137,730 for the Airport budget for the FY from the Airport Fund 415 to the account 4157020-40105 in Fiscal Year 2024-25
2. 3. Authorize the City Manager or designee to execute all necessary documents.
B. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2024
RECOMMENDATION:
Receive and File.
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2024
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2024.
D. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P147 WITH 4LEAF, INC.
FOR FIRE PREVENTION INSPECTION SERVICES
RECOMMENDATION:
Approve Contract Services Agreement No. 24P147 with 4LEAF, Inc. to provide fire prevention inspection services for an eighteen-month term in an amount not to exceed $273,000 beginning August 1, 2024 through January 31, 2026, with one one-year extension option at the City’s sole discretion; and
1. 2. Authorize the City Manager or designee to execute all necessary documents.
July 25, 2024 City Council Regular Meeting Agenda 4
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2099, ENTITLED “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING
ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING
SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” RECOMMENDATION:
Conduct a second reading by title only and adopt Ordinance No. 2099 entitled, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING
ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING
SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
F. APPROVAL OF THREE (3) PROFESSIONAL SERVICES AGREEMENTS WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION,
KIMLEY-HORN AND ASSOCIATES, INC., A NORTH CAROLINA CORPORATION,
AND TJKM, A CALIFORNIA CORPORATION, FOR ON-CALL TRAFFIC
ENGINEERING SERVICES
RECOMMENDATION:
Approve Professional Services Agreement with Albert A. Webb Associates, a California corporation, to provide “on-call” Traffic Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and
1. Approve Professional Services Agreement with Kimley-Horn and Associates, Inc., a North Carolina corporation, to provide “on-call” Traffic Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; an
2. Approve Professional Services Agreement with TJKM, a California corporation, to provide “on-call” Traffic Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and
3. Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value.
4. July 25, 2024 City Council Regular Meeting Agenda 5
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE
VACANCY POSITION OF DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JULY 29, 2024
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM
RETIRED ANNUITANT TO THE VACANCY POSITION OF DIRECTOR OF
PARKS AND RECREATION FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JULY 29, 2024.”
1. Authorize the City Manager to execute any documents necessary to effectuate the above actions.
2. H. REQUEST BY THE MONUMENT BOARD, A SUBCOMMITTEE OF PALM SPRINGS
PRIDE, TO LOCATE A PRIDE MONUMENT IN FRANCES STEVENS PARK RECOMMENDATION:
Approve the proposed request and authorize the City Manager to execute any necessary documents.
I. AMENDMENT NO. 6 TO ASSEMBLY BILL 2766 MEMORANDUM OF
UNDERSTANDING BETWEEN THE COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM
RECOMMENDATION:
Approve Amendment No. 6 to AB 2766 Memorandum of Understanding between the Coachella Valley Association of Governments and Member Jurisdictions to maintain contributions from the cities and the County at 75% to provide Sustainable Funding of the Regional PM10 Street Sweeping Program, through June 30, 2026.
1. Authorize the City Manager to execute Amendment No. 6 to the AB 2766 Memorandum of Understanding.
2. J. EXTEND THE SERVICES AGREEMENT WITH NEOGOV FOR ONE YEAR TO
PROVIDE TALENT MANAGEMENT AND PAYROLL SOFTWARE SERVICES RECOMMENDATION:
Allow the Service Agreement with Neogov to auto renew for one additional year to provide talent management and payroll software services in the amount of $106,608.
K. REQUEST BY THE OWNERS OF THREE HISTORIC PROPERTIES FOR July 25, 2024 City Council Regular Meeting Agenda 6
K. REQUEST BY THE OWNERS OF THREE HISTORIC PROPERTIES FOR
APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENTS, INCLUDING A CONDOMINIUM LOCATED AT THE VILLA ROMA GARDEN HOMES HISTORIC DISTRICT AT 2562 SOUTH SIERRA MADRE (HD-10); THE KOERNER RESIDENCE , A CLASS 1 HISTORIC SITE (HSPB 150) LOCATED AT 1275 SOUTH CALLE DE MARIA; AND A CONDOMINIUM LOCATED AT SANDCLIFF GARDEN APARTMENT HOMES (HD-5) AT 1826 BARONA ROAD RECOMMENDATION:
Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:
A - 2562 S. Sierra Madre (Villa Roma Garden Homes), APN: 512-120-052.
B - 1275 South Calle de Maria (Koerner Residence), APN: 508-403-003.
C - 1826 Barona Road (Sandcliff Garden Apartment Homes), APN:
510-040-031
1. 2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
L. APPROVE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE
PALM SPRINGS HISTORICAL SOCIETY FOR DISBURSEMENT AND USE OF FUNDS TO OPERATE THE 1930’S GENERAL STORE MUSEUM
RECOMMENDATION:
Approve Disbursement and Use of Funds Agreement between the City of Palm Springs and the Palm Springs Historical Society to operate the 1930’s General Store Museum.
M. SECOND READING AND ADOPTION OF ORDINANCE NO. 2100 ENTITLED, “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY
REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE
DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.”
RECOMMENDATION:
Conduct a second reading by title only and adopt an Ordinance No. 2100 entitled, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY
REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE
DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
N. APPROVAL OF AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES July 25, 2024 City Council Regular Meeting Agenda 7
N. APPROVAL OF AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (A6190), IN THE AMOUNT OF $326,678.67 FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
RECOMMENDATION:
Approve Amendment No. 10 in the amount of $326,678.67 to PSA No. 6190, for a new not to exceed amount of $3,767,433.13 with CNS Engineers for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040); and
1. 2. Authorize the City Manager to execute all necessary documents.
O. APPROVE A COOPERATIVE PURCHASE AGREEMENT FOR THE PURCHASE
OF UNMANNED AERIAL VEHICLES (UAVS) AND ASSOCIATED SERVICES FOR
THE PALM SPRINGS POLICE DEPARTMENT
RECOMMENDATION:
Approve Cooperative Purchase Agreement 24C161 of the UAVs (drones), software, care plan, and accessories through a Sourcewell cooperative purchase agreement with Advexure LLC in the amount of $171,712.98.
1. 2. Authorize the City Manager to execute all necessary documents.
P. APPROVE A THREE-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC. FOR 40 FIXED ALPR CAMERAS, FLOCKOS
ELITE ENHANCED LPR PACKAGE, AND CONTRACTING A CONSULTANT FOR
A REAL-TIME INFORMATION CENTER IMPLEMENTATION
RECOMMENDATION:
Approve Cooperative Subscription Agreement 24C162 with Insight Public Sector, Inc. for a three-year period, not to exceed $506,000 to implement Flock Safety's fixed ALPR technology, the FlockOS Elite enhanced LPR package, and a Real-Time Information Center (RTIC) consultant; and
1. 2. Authorize the City Manager or designee to execute all necessary documents.
July 25, 2024 City Council Regular Meeting Agenda 8
Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B164 WITH BUDGET HOLDINGS, INC. DBA SOLAR ART FOR WINDOW FILM INSTALLATION
SERVICES
RECOMMENDATION:
Approve Contract Services Agreement 24B164 with Budget Holdings, Inc. dba Solar Art to provide window film installation services in an amount not to exceed $660,000 for the initial one-year term beginning August 1, 2024, through July 31, 2025, with two one-year extension options at the City’s sole discretion; and
1. 2. Authorize the City Manager or his designee to execute all necessary documents.
R. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL
MAINTENANCE SERVICES FOR THE REMAINDER OF THEIR CONTRACT THROUGH JUNE 30, 2026
RECOMMENDATION:
Approve Amendment No. 3 to Contract Services Agreement No. 8865 with St.
Francis Electric, LLC, increasing the maximum annual contract amount by $200,000 for Traffic Signal Maintenance Services for Fiscal Year 2024-2025 and Fiscal Year 2025-2026;
1. Appropriate $101,550 from the Airport Fund balance for Fiscal Year 2024-2025; and
2. 3. Authorize the City Manager to execute all necessary documents.
S. APPROVE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM
SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS,
THROUGH ITS POLICE DEPARTMENT, FOR SCHOOL RESOURCE OFFICER
SERVICES
RECOMMENDATION:
Approve an agreement with the Palm Springs Unified School District to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for one year, expiring at the end of the 2024/2025 school year.
1. 2. Authorize the City Manager to execute all necessary documents.
July 25, 2024 City Council Regular Meeting Agenda 9
T. APPROVAL OF AMENDMENT NO. 9 TO LEASE AGREEMENT NO. A3613 WITH PALM SPRINGS AIR MUSEUM, INC. AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
RECOMMENDATION:
Approve a ten-year lease extension for the Palm Springs Air Museum, Inc. and include a Consumer Price Index increase for certain fees for a period commencing August 1, 2024, through November 29, 2045.
1. 2. Authorize the City Manager or designee to execute all necessary documents.
U. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING
SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
COMPREHENSIVE AIRPORT MASTER PLAN
RECOMMENDATION:
Approve Amendment No. 2 to Contract Services Agreement No. A9391 with Mead & Hunt, Inc. to extend the schedule for professional consulting services for the Palm Springs International Airport Comprehensive Airport Master Plan to a completion date of July 30, 2026, for an additional amount of $376,340 and not to exceed $2,709,476.
1. Appropriate $376,340 from the Airport Capital Project Fund 416 to Airport Account 4167065-80000 in Fiscal Year 2024-25.
2. 3. Authorize the City Manager or designee to execute all necessary documents.
V. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $120,000 WITH KIMLEY-HORN AND ASSOCIATES INC., PURSUANT TO ON-CALL AGREEMENT A8342 FOR
THE EVALUATION OF A TRAFFIC SIGNAL INSTALLATION AT INDIAN CANYON AND VIA ESCUELA, CITY PROJECT NO. 24-05
RECOMMENDATION:
Authorize a Task Order with Kimley-Horn and Associates, Inc., pursuant to On-Call Agreement No. A8342, in an amount not to exceed $120,000 for traffic engineering services for the evaluation of a Traffic Signal Installation at Indian Canyon and Via Escuela, City Project No. 24-05; and,
1. 2. Authorize the City Manager to execute all necessary documents.
July 25, 2024 City Council Regular Meeting Agenda 10
W. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “CODY PLACE” TRACT, TRACT MAP 33575
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 33575 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL WEST INC., A DELAWARE
CORPORATION, (A6730), FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF SOUTH PALM CANYON DRIVE AND MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
X. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $56,196
RECOMMENDATION:
Accept a grant award from the California Public Utilities Commission in the amount of $56,196.
Y. APPROVAL OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
SUSTAINABLE TRANSPORTATION PLANNING GRANT FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
ACCEPTANCE OF A SUSTAINABLE TRANSPORTATION PLANNING
GRANT FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
FOR A COMPREHENSIVE SHADE AND HEAT MITIGATION PLAN FOR
MULTI-MODAL TRANSPORTATION.”
1. 2. Authorize the City Manager to execute all necessary documents.
Z. APPROVAL OF TRACT MAP 38049 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38049 AND
AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH AG LAND
INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 2700 E ALEJO ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
July 25, 2024 City Council Regular Meeting Agenda 11
AA. APPROVAL OF TRACT MAP 38416 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH 12@ LAS PALMAS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38416 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH 12@ LAS
PALMAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1424 CAMINO NORTE, IN SECTION 10, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
BB. RECORDS RETENTION SCHEDULE AND DESTRUCTION PROCEDURE RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A REVISED RECORDS
RETENTION AND DESTRUCTION SCHEDULE AND AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS IN ACCORDANCE WITH STATE AND FEDERAL LAW.”
CC. APPROVE AN AMENDED LEASE AGREEMENT WITH THE LGBTQ
COMMUNITY CENTER OF THE DESERT FOR TENANT SPACE AT 2901 EAST
ALEJO ROAD FOR A FOOD BANK USE
RECOMMENDATION:
Approve Amendment No. 1 to the Lease Agreement between the City of Palm Springs and the LGBTQ Community Center of the Desert for tenant space at 2901 E. Alejo Road, Palm Springs, California.
1. 2. Authorize the City Manager or designee to execute all necessary documents.
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
July 25, 2024 City Council Regular Meeting Agenda 12
2. PUBLIC HEARINGS:
A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND
PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR
2024-2025
RECOMMENDATION:
1. Open the Public Hearing and take public testimony; and Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER’S REPORT AND ORDERING THE CONTINUED OPERATION
AND MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE
DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2024/2025.”
2. B. AN APPLICATION BY TODD HAYS FOR HISTORIC DESIGNATION OF THE “ALBERT FREY BEL VISTA HOME #3” LOCATED AT 1150 NORTH CALLE ROLPH (APN 507-124-011), CASE HSPB #156
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE “ALBERT FREY BEL VISTA HOME #3” LOCATED AT 1150 NORTH CALLE ROLPH, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #156, SUBJECT TO CONDITIONS (APN 507-124-011).”
2. C. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC SITE DESIGNATION OF THE GAS COMPANY BUILDING LOCATED AT 211 NORTH SUNRISE WAY (APN 508-070-016), CASE HSPB #158
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE GAS COMPANY BUILDING LOCATED AT 211 N.
SUNRISE WAY, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE
HSPB #158, SUBJECT TO CONDITIONS (APN 508-070-016).”
2. D. VACATION OF RIGHT-OF-WAY FOR PUBLIC VEHICULAR ACCESS OVER A July 25, 2024 City Council Regular Meeting Agenda 13
D. VACATION OF RIGHT-OF-WAY FOR PUBLIC VEHICULAR ACCESS OVER A
PORTION OF MUSEUM WAY BETWEEN BELARDO ROAD AND MUSEUM
DRIVE TO FACILITATE THE PERMANENT INSTALLATION OF THE “FOREVER MARILYN” STATUE AT THAT LOCATION, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG.
FILE R 23-15-0250); ADDENDUM #3 TO THE MUSEUM MARKET PLAZA
SPECIFIC PLAN (AKA DOWNTOWN SPECIFIC PLAN) FINAL
ENVIRONMENTAL IMPACT REPORT
RECOMMENDATION:
1. Open the public hearing and take testimony; and
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION
AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC
RIGHT-OF-WAY FOR VEHICULAR ACCESS OVER A PORTION OF
MUSEUM WAY FROM BELARDO ROAD TO MUSEUM DRIVE, SHOWN AS
LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15-0250), DIRECTING STAFF TO
RESERVE A PUBLIC UTILITY EASEMENT FOR PEDESTRIAN AND
NON-MOTORIZED ACCESS AND FOR PUBLIC UTILITIES, ADOPTING ADDENDUM #3 TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN
FINAL ENVIRONMENTAL IMPACT REPORT, AND DETERMINING THAT In accordance with Public Resources Code Section 21166 and SectionS 15162 AND 15164 of the CEQA Guidelines THE PROPOSED ACTION would not result in any new or more significant impactS than those identified in the previously certified Final Environmental Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.”
3. BUSINESS & LEGISLATIVE:
A. INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND SECTION 10.20.070 “OWNER’S LIABILITY TO CITY WHEN REDEEMING ANIMAL FROM PURCHASER”, AND AMENDING SECTION 10.20.030 REGARDING “DISPOSITION OF UNCLAIMED ANIMALS” RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and read by title only; and
1. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND
SECTION 10.20.070 “OWNER’S LIABILITY TO CITY WHEN REDEEMING ANIMAL FROM PURCHASER”, AND AMENDING SECTION 10.20.030
REGARDING “DISPOSITION OF UNCLAIMED ANIMALS.”
2. B. PROPOSED PICKLEBALL COURT COMPLEX PROJECT AND FUNDING July 25, 2024 City Council Regular Meeting Agenda 14
B. PROPOSED PICKLEBALL COURT COMPLEX PROJECT AND FUNDING RECOMMENDATION:
Approve City Project 22-24, Demuth Park Pickleball Expansion project conceptual design;
1. Appropriate $2.5 million from Quimby fund balance and $2 million from Measure J fund;
2. 3. Authorize the City Manager or designee to execute all necessary documents.
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:
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 July 18 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
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July 25, 2024 City Council Regular Meeting Agenda 16
CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVE A CONTRACT SERVICES AGREEMENT FOR ECONOMIC
DEVELOPMENT CONSULTING SERVICES
FROM: Scott C. Stiles, City Manager
BY: Economic Development and Aviation Departments
SUMMARY:
This action will approve a contract services agreement to provide an economic development study for the City and an economic impact study for the Palm Springs International Airport.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 24P168 (Attachment A) with CVL Economics LLC to provide economic development consulting services for an amount not to exceed $375,080 for a three-year term with two one-year options to renew at the City’s sole discretion.
2. Appropriate and budget funds in the amount of $137,730 for the Airport budget for the FY from the Airport Fund 415 to the account 4157020-40105 in Fiscal Year 2024-25
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure forms (Attachment B), CVL Economics LLC is a California Limited Liability Company.
BACKGROUND:
The economic development consulting services will be performed in two parts. Under the first part of the scope the Contractor will complete an Economic Development Strategic Plan (EDSP) for the City of Palm Springs (City).
Item 1A - Page 1
A. Purpose of Economic Development Strategic Plan:
1. The EDSP will provide a roadmap to the City and the Office of Economic Development for strategies, incentives and interventions that can be implemented to maintain and enhance economic growth in the City.
2. The time frame for these elements should be considered over the near-term (“near,” within one to two years) midterm (“mid,” three-five years) and long term (“long” ten-fifteen years plus).
3. The EDSP should build on the City’s Vision, and create a Mission, Focus Areas (“Pillars”), Objectives, Goals and Tactics that inform the delivery of Economic Development programs, policies and projects for the City.
B. Purpose of Economic Impact Analysis for Airport:
1. The purpose of the study is to assess and analyze the economic contributions of the Palm Springs International Airport (Airport) to the local and regional economy.
2. Evaluate the economic impact of the Airport on the local and regional economy, including direct, indirect, and induced effects.
3. Identify key economic indicators such as employment, payroll, output, and tax revenue generated by airport-related activities.
4. Analyze the economic benefits derived from passenger travel, cargo operations, and airport-related businesses.
5. Assess the Airport's role in supporting tourism, business development, and job creation in the region.
STAFF ANALYSIS:
On May 20, 2024, the Procurement and Contracting Department issued Request for Proposals 09-24 for Economic Development Consulting Services. The following firms submitted proposals for consideration by the June 25, 2024, deadline:
• CVL Economics – Los Angeles, CA *
• HdL ECONSolutions – Brea, CA
• Resonance Consultancy – New York, NY
• Sunstone Cities – Irvine, CA
• Willdan Financial Services – Temecula, CA *
*indicates firms interviewed
An evaluation committee consisting of City staff from the Economic Development, Aviation and Planning Departments reviewed and scored the proposals received against Item 1A - Page 2
the criteria published in the Request for Proposals. Criteria included firm’s experience, staff’s experience, understanding of the scope of work and cost.
After evaluating the technical proposals and cost, staff invited the top two firms to interview and after completing the scores for the interviews, final scores were achieved by combining the interview scores with the technical and cost scores for a final result.
Staff recommends awarding the contract to the highest scoring firm, CVL Economics LLC, to provide economic development consulting services in an amount not to exceed $375,080. The Economic Development Strategic Plan portion of the contract totals $123,250 with a term of one year. The Airport Economic Impact Study portion of the contract is for $251,830 for a three-year term, with two one-year options to renew at the City’s sole discretion.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Quality of Life, Advance Economic Development – Stimulate investment in activities that create living wage employment opportunities and increase livability of the community.
FISCAL IMPACT:
The Economic Development budget for FY25 included a line item for economic development strategic planning. The cost of the consultant’s proposal is within the department’s budgeted amount. Therefore, there is no additional fiscal impact to the City’s budget beyond what is appropriated in FY25 for Economic Development activities.
The Airport budget will require the appropriation of $137,730 from the Airport Fund 415 to the account 4157020-40105 in Fiscal Year 2024-25, and $61,300 will be budgeted in Fiscal Year 2025-26 and $52,800 in Fiscal Year 2026-27 to cover the cost of this work over the term of the agreement.
Item 1A - Page 3
REVIEWED BY:
Department Director Economic Development: Wayne Olson
Department Director Aviation: Harry Barrett Jr.
Procurement and Contracting Director: Kim Baker
Finance Director: Kristopher J. Mooney
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement 24P168
B. Public Integrity Disclosure Form
Item 1A - Page 4
ATTACHMENT A
Item 1A - Page 5
CONTRACT SERVICES AGREEMENT 24P168
ECONOMIC DEVELOPMENT CONSULTING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 29, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and CVL Economics LLC, a California Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of an economic development firm to provide an economic development study for the City and an economic impact study for the Palm Springs International Airport (“Project”).
B. Contractor has submitted to City a proposal to provide these studies, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
Item 1A - Page 6
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $375,080 ($123,250 for the EDST and $251,830 for the EIS).
3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s Item 1A - Page 7
performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years with two one year options to renew at the City’s sole discretion, commencing on July 29, 2024, and ending on July 28, 2027, unless extended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Uday Ram, Founding Partner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, Item 1A - Page 8
were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval which shall not be unreasonably delayed or withheld. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Uday Ram Engagement Manager and (EDST) Project Director Adam J. Fowler EDST Research Manager
Alissa Dubetz EDST Data Analytics
Mazen Bou Zeineddine EDST Economic Modeling
Sharon Sarmiento EIS Project Director
Kurt Fuehllhart EIS Project Manager
Firelli Pitters EIS Market Research
Gary Lin IES Lead Analyst
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Item 1A - Page 9
Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final for any violation of any federal, state, or local law or ordinance in any manner arising out of, pertaining to, or incident to any negligent or reckless acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final Item 1A - Page 10
adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Notwithstanding the foregoing, this ownership of documents does not include or extend to preexisting intellectual property rights of certain data, industry practices, and specifications owned by Contractor. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs Item 1A - Page 11
of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, Item 1A - Page 12
including without limitation the provision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: CVL Economics LLC
Attention: Uday Ram
8306 Kirkwood Drive
Los Angeles, CA 90046
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Item 1A - Page 13
12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Contractor shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Contractor shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference.
Contractor shall also require any subContractors to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
13. FEDERAL PROVISIONS
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 1A - Page 14
SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND CVL ECONOMICS LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. ________ Agreement No. _________ APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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SCOPE OF WORK
1.0 Background:
A. The Contractor will perform economic development consulting services in two parts.
Under the first part of the scope the Contractor will complete an Economic Development Strategic Plan (EDSP) for the City of Palm Springs (City).
B. Purpose of Economic Development Strategic Plan:
1. The EDSP will provide a roadmap to the City and the Office of Economic Development for strategies, incentives and interventions that can be implemented in the City.
2. The time frame for these elements should be considered over the near-term (“near,” within one to two years) midterm (“mid,” three - five years) and long term (“long” ten – fifteen years plus).
3. The EDSP should build on the City’s Vision, and create a Mission, Focus Areas (“Pillars”), Objectives, Goals and Tactics that inform the delivery of Economic Development programs, policies and projects for the City.
C. Under Part 2 the Contractor will conduct an annual economic impact study (EIS) Palm Springs International Airport (PSP), owned by the City of Palm Springs. The Palm Springs International Airport (“PSP””) is a small hub airport that provides an unrivaled experience for all who travel to the Coachella Valley. PSP ranks 88th on the busiest airport in the United States as measured by ACI 2022 North America passenger traffic and is the 17th busiest small hub airport. In calendar year 2023, Approximately 1.6 million passengers enplaned at PSP, with 31% of them originating their journeys from the Coachella Valley.
D. The results of both studies will be used in a variety of ways to assess the individual and shared work of the City and the Airport and will serve as a foundation for communication with the general public, media, and elected officials on Economic Development and Airport related economic impact. Additionally, this information will inform both City and Airport staff decision making, grant requests, and outreach efforts.
It is imperative that the methodology used in both studies is transparent, sound, and consistent with industry best practices. The methodology in this study must reconcile the methodology employed by other economic development strategic plans, and economic impact studies conducted by local and regional agencies. This is of particular importance in the conclusions reached in the economic impact analysis to avoid double stating or inaccurately quantifying economic benefit of the Airport.
E. Purpose of Economic Impact Analysis for Airport:
1. The purpose of the study is to assess and analyze the economic contributions of PSP to the local and regional economy:
2. Evaluate the economic impact of PSP on the local and regional economy, including direct, indirect, and induced effects.
3. Identify key economic indicators such as employment, payroll, output, and tax revenue generated by airport-related activities.
4. Analyze the economic benefits derived from passenger travel, cargo operations, and airport-related businesses.
5. Assess the airport's role in supporting tourism, business development, and job creation in the region.
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F. The City of Palm Springs assumes work in Part 1 (EDSP) will inform work in Part 2 (EIS) that will optimize use and offer cost savings of the Contractor’s time. Since Part 2 completion date is earlier than Part 1 optimization of data collection and economic analyses from ) Part 2 (EIS)work should be considered for completion of Part 1 (EDSP; if suitable, the first year of Part 2 (EIS) can be a major technical appendix to Part 1 report. If added as a technical appendix to Part 1, subsequent years of Part 2 should be considered addendums to the EDSP.
1.1 Scope:
A. Part 1 – Economic Development Strategic Plan Services (EDSP):
1. In order to complete the EDSP, The Contractor will conduct situational and other analyses of the general economic condition of the City, as it relates to tax revenues, real estate development opportunities, land condition and land use, as well as other conditions described herein. In addition, The Contractor will facilitate and present to a number of stakeholder and City Council meetings.
2. Summary of Scope Activities for the development of the EDSP are outlined in the following tasks below:
a. Task 1.0 – General description and summary of meetings, facilitations, and site visit requirements to develop the plans, processes and work products that will lead to the completion of an Economic Development Strategic Plan (to include Vision, Mission, Focus Area (“Pillars”), Objectives, Goals and Tactics):
1) Task 1.1 – Kickoff Meeting
i. No more than two weeks from the start of work, facilitate a kickoff meeting with internal project stakeholders (as mutually determined with the City) to establish baseline expectations for ongoing work; ii. Kickoff meeting will cover topics including but not limited to:
communication channels to ensure timely and quality of delivery of project tasks and deliverables; define key stakeholders and stakeholder groups; ordering of project objectives including project tasks, methodology, schedule, deliverables, protocols and identification of necessary amendments to the scope of work that may result from the discussion at the kickoff meeting;
iii. Project contacts will be identified for both the Contractor and the City. 2) Task 1.2 – Document Review
i. Prior to the kickoff meeting, prepare and review a list of publicly available data and relevant reports, including – but not limited to - area and comprehensive plans, business surveys, previous demographic/market studies, economic outlooks, and real estate industry reports (including that of competitive submarkets) to inform understanding of conditions in Palm Springs, including the Palm Springs Airport Master Plan and the Palm Springs Convention Center Master Plan;
ii. Identify gaps in background information and resolve with the City at kickoff meeting.
iii. Review these documents and use them to inform the work product of the EDSP.
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3) Task 1.3 – Site Visit
Conduct site visits to gather field data based on City boundaries, including an observational assessment of the public and private realms including but not limited to vacant land and buildings, parks and other community assets, built form, land use, building typology and vernacular, as well as any other field data required to complete the work product of the EDSP. 4) Task 1.4 – Vision/Pillars/Objectives Setting Workshops i. Facilitate at least one in-person session with each of the stakeholder groups (not to exceed six stakeholder groups unless otherwise agreed upon identified in the kickoff meeting to help develop and define the Vision/Pillars/Objectives of the EDSP at a time conducive to each of the stakeholders ability to participate.
ii. Different Stakeholder groups to consider include:
Public bodies and officials such as the Palm Springs City Council and Commissions; internal City leadership and department heads; other non-governmental organizations (NGOs) (e.g., Coachella Valley Association of Governments);
Community organizations, such as Chambers of Commerce, professional organizations, non-profit organizations, neighborhood organizations, and other community based organizations; Hospitality sector organizations, including Convention Center and Visit Greater Palm Springs, Palm Springs Tourism, and private hospitality organizations (e.g. Palm Springs Hospitality Association);
Retail, restaurant and other commercial service for-profit organizations, companies, owners and managers;
Industrial and other commercial organizations including companies, owners and managers;
Airport and other institutional facilities such as healthcare, hospitals, or other;
Diversity equity and inclusion (DEI), non-traditional, non-English speaking and other underserved communities.
5) Task 1.5 – City Council interviews
Facilitate one interview with each City Council member to discuss the Mission and Focus Areas, along with any other relevant information to the study, to be scheduled in cooperation with the City, wherein findings from the interviews will be incorporated in to the final EDSP. 6) Task 1.6 – Feedback from the City
i. The City shall provide feedback on the draft report provided by the Contractor;
ii. The Contractor shall Incorporate all feedback, when agreed upon, into the work product of the EDSP.
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7) Task 1.7 – City Council Presentations
i. The Contractor shall conduct up to two in-person presentations (as determined in prior tasks) to the City Council and conduct City Council outreach through interviews in coordination with City’s project manager, to include;
Present an overview of the initial findings and stakeholder feedback and seek input from City Council on various elements of the results of work from Section A, Tasks 1.0-2.6; this to be scheduled in cooperation with the City’s project manager;
Final presentation of report to include review of report, data, and supporting information to be scheduled in coordination with the City’s project manager.
b. Task 2.0 – Conduct situational analyses and assessments; research current City economic conditions; conduct and complete strengths, weaknesses, opportunities, and threats analysis (SWOT) (or current industry alternative):
1) Task 2.1 – Physical environment assessment
i. Gather field data on existing conditions of key commercial districts and corridors;
ii. Assess major economic assets such as hospitality facilities, office campuses, manufacturing facilities, renewable energy, health care, education and other institutional assets, visitor destinations, including the Palm Springs International Airport and Palm Springs Convention Center;
iii. Assess the strengths and weaknesses of the public realm, private, realm, and accessibility/visibility of each economic cluster:
iv. Evaluate the public realm, including roadways, sidewalks, bridges, rails and trails, and public spaces that support access to, and mobility within and across, communities;
v. Evaluate the private realm, including private assets, properties and buildings, land, vacancies, and the balance of the physical environment, including tribal land opportunities;
vi. Evaluation of the private realm will consider existing built assets and the location and site location characteristics (access to customer base, proximity to existing nodes, the ability to create sufficient concentration of offerings to support a new node) of underutilized opportunity sites as well as underlying ownership.
2) Task 2.2. – Business and economic activity assessment i. Explore and analyze the “drivers” of the Palm Springs economy, and include analyses of the sustainability of the current business and economic environment, as well as the employment and workforce environment, within the City and include;
ii. Explore and analyze the major employers, current and future economic indicators of current employers, “health” of current employment, and identify potential targets of employment;
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iii. Identify employers’ employment goals based on feedback from employers, and;
iv. Review and assess the current and future health of the City workforce; both the workforce that supports the current economic model, as well as what workforce requirements and gaps exist to support future goals of the EDSP.
v. Assess industry clusters and develop asset maps that identify key business anchors (across sectors and industries) that drive economic activity and influence commercial and business activity; vi. Determine if there are any competitive sectors/industries that would benefit from a focused incentive strategy in the future, and identify best industry target opportunities that support the EDSP;
vii. Identify, collect and compile a list of incentives, programs, opportunities and resources offered by local, regional, state and federal partners in economic development and identify incentive gaps related to the Palm Springs market;
viii. Assess the seasonality of the market, and make recommendations pursuant to expanding the shoulder season, as well as determine strategies for more robust, sustainable, year-round economic growth. 3) Task 2.3 – Conduct asset analyses of available land, commercial real estate, and review capital markets
i. Analyze qualitative and quantitative data to understand the supply and demand of built commercial real estate and land in the region, which may or may not include multifamily mixed-use opportunities; ii. Identify if, and how much, latent demand exists in the Palm Springs market for new hospitality, office, retail, and industrial development; iii. Research vacancy rates, construction rates, product type, price points, quality of space, and future competition into its analysis of latent demand, including the possibility of demolition of structures beyond their economic utility;
iv. Analyze quantitative and qualitative data, reports, industry journals, and other financial information sources to determine:
v. Current state of capital markets (debt, equity, funds, venture capital, REITS, other investment funds, alternative capital);
vi. Project, as much as is reasonably possible, where capital investments will be focused in the each of the time frames outlined above; vii. Review and summarize the current equity and debt markets for all sectors, with a special focus in hospitality, and project, as much as is reasonably possible, access to capital risks that may require intervention/incentives by the City;
viii. Meet with the City’s Financial Consultant and the City’s Director of Finance to confer on various matters that may affect the implementation of Economic Development activities under this plan.
City staff will coordinate schedules to complete this task.
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4) Task 2.4 - Research and summarize global, national, state and regional economic, industry and market trends as they pertain to the development of a cohesive EDSP relative to the economy of Palm Springs
i. Research industry-wide changes in business operations, business travel, and trends that serve as indicators for how consumer tastes/preferences are evolving;
ii. The trend assessment will analyze data from a variety of sources, including, but not limited to:
Real Estate Brokerage Experts (via CBRE)
Real Estate Market Outlook Reports (e.g. JLL, Colliers, Newmark) Capital providers Reports/Professional Journals
Data from Visit Greater Palm Springs and other reputable Travel Associations
World Travel and Tourism Council
Destination Analysts
Tourism Economics (Annual Economic Impact Reports)
Other publicly available reporting.
c. Task 3.0 –Conduct review of regulatory and administrative capacity of the City Palm Springs Office of Economic Development
1) Analyze the organizational capacity of the City to execute and implement economic development programs and initiatives;
2) Identify additional resources and funding that may be needed to successfully support implementation of strategies;
3) Assess the existing regulatory framework and environment (including, but not limited to, zoning and permitting/licensing processes) that inhibit economic growth, including;
i. Interface with the current zoning code Contractor’s team (to be identified in the Kickoff meeting) and determine, with them, what information needs to be shared across studies that result in ideal regulatory strategies and tools;
4) Create and deliver and compile the results of at least one (1) online survey that will be delivered, with assistance from the City to all business license holders in the City. Survey will include seeking general feedback about the regulatory, permitting and licensing processes;
5) Include results of survey and make recommendations that address the concerns in the EDSP objectives, strategies or tasks.
d. Task 4.0 – Conduct review of tax environment and current and future revenue analyses
1) Task 4.1 –Tax and revenue environment analyses
i. Work with current Sales Tax analysis report as well as conduct new analyses of TOT, sales and property tax performance (including a Item 1A - Page 22
breakdown by major business categories and industry
sectors/clusters) to include:
A sales tax gap leakage analysis: includes consumer demand and market supply assessment to evaluate revenue tax performance within the City and ability to draw consumers from nearby communities and the greater trade area;
A void analysis to identify market opportunities for Palm Springs to attract new commercial and retail possibilities that would be a good fit within the City;
Identify future revenue enhancement opportunities based on the targets identified in the study, and/or identify the targets that provide the greatest revenue enhancement opportunities in the City; A SWOT analysis (or other current industry analysis) of the revenue environment vis-à-vis market projections and growth opportunities identified herein (this can be a subsection of the overall SWOT) . ii. Review, identify and summarize other City revenue opportunities and strategies, both current and future, including current state-of-theindustry value-capture mechanisms and other tools and incentives that may be available to the City to enhance revenue.
B. Part 2 - Economic Impact Analysis for Palm Springs International Airport The Contractor shall provide the following services:
1. Data Collection and Analysis:
a. Develop a work plan which includes milestones and a timeline. b. Collect data on passenger traffic, cargo volumes, aircraft operations, and airport-related businesses.
c. Gather information on employment, wages, output, and tax contributions of airport activities.
d. Utilize economic modeling techniques to estimate and/or review the direct, indirect, and induced economic impacts.
e. Measure economic and non-aviation activity through input/output modeling, impact of earnings, job creation and/or loss
f. Provide understanding related to return and investment to local and regional economy. Determine statistic of $1 taxpayer investment = $1 return g. Measure the economic impact (positive, neutral, or adverse) on nearby realestate (residential, commercial, industrial, etc.) h. Study should consider social, environmental, and economic consequences of economic operational growth or decline of the airport
2. Socioeconomic Analysis:
a. Evaluate the demographic profile of passengers, employees, and businesses associated with PSP.
b. Assess the distribution of economic benefits across various sectors and population groups.
3. Data Analysis and Verification:
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a. Analyze the collected data to identify any discrepancies or inconsistencies between physical counts and existing records.
b. Verify the accuracy of asset descriptions, locations, and other relevant information through on-site inspections and documentation review.
4. Forecasting:
a. To the extent possible use and incorporate passenger traffic and cargo volume forecasts from Master Plan Study and FIS Study.
b. Develop forecast of economic contributions based on historical trends and anticipated on-airport capital developments, projects and new programs.
5. Executive Summary and Written Report:
a. Prepare a comprehensive executive summary highlighting key findings, methodologies, and conclusions.
b. Deliver a detailed written report outlining the methodology, data sources, analysis, and results of the economic impact study.
6. Annual Briefings:
a. Conduct annual briefings for the City Council and the Airport Commission to present the findings of the economic impact study.
b. Engage stakeholders and address any questions or concerns regarding the study results.
1.2 Deliverables:
The Contractor shall deliver the following key deliverables:
A. Part 1 – EDSP
1. Task 5.0 – Draft Conditions Report; Design, Draft and Complete an Economic Development Strategic Plan Report, Revisions, and Final Report a. Task 5.1 Technical appendices and results of SWOT and other analyses:
i. Not later than December 31, 2024 draft and deliver a technical appendices report to the City of the outcomes of research and analysis conducted in the work in Tasks 2.0-4.0. The Contractor shall deliver the technical report in concert with the EDSP, such that:
Details of the report shall include and qualitative and quantitative data in the form of graphs, charts, tables, illustrations, graphics and other data presentation techniques that produce in-depth, but also digestible, information;
The technical appendices will identify sets of measurable economic development key performance indicators for the City that can be used to measure progress and success rate of goals, projects, programs and incentives;
Elicit feedback from stakeholders and community subject matter experts (SME)s on KPIs, that include measurements or ratios appropriate to the targeted sector, (e.g. hospitality - a 10% increase in average daily rate (ADR).
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Where projections are required, clearly identify and explain the basis or assumptions for the projection;
The technical appendices shall compliment and support the outcomes of the EDSP.
b. Task 5.2 – Research and Draft Final Report of Strategies for Economic Development
i. Not later than February 1, 2025, the Contractor will draft and deliver a draft EDSP that includes the City of Palm Springs’s Economic Development Mission, Pillars, Objectives, Goals and work plan that accurately and realistically reflects the capacity, ability and economic environment researched and assessed throughout the course of the work which will guide Economic Development activities for near, mid and long term time frames identified above, such that:
Develop, articulate and create the City’s Economic Development Mission based on stakeholder meetings;
Develop and identify focus areas (“Pillars”) that will guide the City of Palm Springs Economic Development work in the near, mid and long term in concert with the Vision and Mission based on stakeholder meetings as well as analyses and assessments conducted during the work;
Develop and identify objectives that act as strategies in support of the Pillars that reflect BMPs of comparable municipalities; Identify goals and tactics that support the Pillars and that inform the scope and work plan of the Office of Economic Development that reflect the current and future administrative capacity of the City. Identify geographic areas where focused investments would benefit a neighborhood, community or Citywide activities which may include specific opportunities for acquisition of parcels or sites; EDSP may include, but is not limited to, the following areas:
ii. Redevelopment in the public realm: Includes any improvements to existing transportation networks, public utility extensions, placemaking/tactical improvements, public space capital projects, and signage and wayfinding; iii. Redevelopment in the private realm: includes programmatic interventions to support and/or incentivize private sector investments in real property improvements;
iv. Budget requirements for the near, mid and long term strategies; v. Land acquisition or disposition strategies based on the research conducted during the scope;
vi. Responsible and fiscally prudent value capture mechanisms and incentive programs;
vii. Business retention and attraction programs: may include recommendations or updates to current or new programs that support business attraction, expansions, and relocation (e.g. workforce training, relocation incentives, and other);
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viii. Workforce training, workforce readiness and other workforce dynamics required to support the outcomes of the EDSP;
ix. Marketing and promotion: include tools that will increase visits and raise awareness of the City of Palm Springs’s assets and retail/dining offerings, particularly through digital platforms;
x. Administrative capacity: includes strategies to address issues of administrative/operative capacity that might otherwise impede implementation of strategies (including capacity-building programs and partnerships with anchor businesses);
xi. Regulatory and zoning issues that may impede business growth and vitality with recommendations for improvements when warranted (see Task 3.0).
2. Task 5.3 – Produce Economic Development Content for Multichannel Distribution & Marketing to Economic Development Customers, Partners and General Public
i. Produce data, maps, graphs, text, tools and any other information useful to marketing to any targets or stakeholders identified in the research; ii. Develop and collect that information in such a way that a part, any, or of it can serve in future marketing tools and communications to help generate interest in Palm Springs as a business location from potential businesses, investors, funders, and founders.
3. Task 5.4 – The Contractor shall facilitate and conduct City Council working session
i. Produce graphically pleasing presentation slide deck that summarizes the outcomes of all work to date, and present draft Economic Development Strategic Plan Vision, Mission, Pillars and Objectives. Receive feedback from the City and incorporate feedback in to final presentation report.
4. Task 5.5 – Finalize and Present Economic Development Strategic Plan i. Incorporate feedback from the interviews with the City of Palm Springs Council to create a Final Report on Strategies for Economic Development ii. Present the report, it’s findings, and any other relevant information to the City of Palm Springs Council, and report will include, but not limited to the following:
Cohesive and graphically pleasing slide deck, or other form of visual presentation, along with the written EDSP, all of which shall be of the quality and style that is useful and easy to read, along with appealing graphics and images;
Data, graphs, charts, analysis, and tables that support the conclusions; Images, maps, plans, or other tools identified in the research; Conclusions and summaries that guide the City in its Economic Development activities;
Recommendations on near, mid and long term objectives, strategies, goals and tactics that the City will incorporate into its Economic Development work plan;
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Recommendations on City investments including staffing, administration, operations, incentives, budgets, acquisitions and any other use of public funds identified in the research.
B. Part 2 – EIS
1. Executive Summary: A concise summary highlighting the key findings and conclusions of the study.
2. Written Report: A detailed report documenting the methodology, analysis, and results of the economic impact study.
3. Annual Briefings: Presentations to the City Council and the Airport Commission summarizing the findings and implications of the study.
1.3 Schedule:
The schedule for Part 1 EDSP - a technical appendices will be due on December 31, 2024, and a draft of EDSP (which includes the technical appendices) will be due by February 1, 2025. A final report will be completed within 60 days of the review of the draft document by the City Council.
The schedule for Part 2 EIS - it is anticipated the Airport EIS will be started immediately upon execution of an agreement and commenced in July of each subsequent year through the term of the agreement. Work for year one should be completed not later than December 31 of 2024. PSP intends for this study to be retrospective for FY 2024 which ends on June 30th, 2024. The Contractor may pull for recent study data to facilitate efficiency in this process. The timing of the subsequent annual report shall be negotiated between PSP and the Contractor. PSP expects that the subsequent reports be completed no later than November 30th of each year.
1.4 Compensation:
Work will be compensated on a lumpsum basis for each set of deliverables shown in the contract pricing. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
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ATTACHMENT "G"
COST PROPOSAL PART 1 - EDST
REQUEST FOR PROPOSAL (RFP 09-24)
ECONOMIC DEVELOPMENT CONSUL TING SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) ITEM DESCRIPTION Unit of TOTAL
Measure
1 Task 5.1 - Summary Report of SWOT and Lumpsum $23,500 Current Conditions 2 Task 5.2 - Research and Draft Final Lumpsum
Report of Strategies for Economic $67,250
Development
3 Task 5.3 - Produce Economic Lumpsum
Development Content for Multichannel
Distribution and Marketing to Economic $10,000
Development Customers, Partners and
General Public
4 Task 5.4 - Conduct City Council Interviews Lumpsum $5,000 5 Task 5.5 - Finalize and Present Economic Lumpsum
Development Strategic Plan $17,500
Total $123,250
Firm Name: CVL Economics LLC
Signature of Authorized Person: """""1{ ...._~-'--IJ-' ____________ _ Printed Name: Uday Ram -----------------------
Title: Founding Partner
Date: 06/25/24
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ATTACHMENT "G"
COST PROPOSAL PART 2 - EIS
REQUEST FOR PROPOSAL (RFP 09-24)
ECONOMIC DEVELOPMENT CONSUL TING SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1 , Technical/Work Proposal*) ITEM DESCRIPTION Quantity Unit of Annual Amount TOTAL
Measure
1 Executive Summary 3 Years $2,000 $6,000
2 Written Report 3 Years Y1 : $132,730
$236,830 Y2: $56,300
Y3: <47 800
3 Annual Briefings 3 Years $3, 000 $9,000
Total $251,830
Firm Name: CVL Economics LLC
A!4(V'-
signature of Authorized Person: _n_·<J! ______________ _ Printed Name: Uday Ram -----------------------
Title: Founding Partner
Date: 06/25/24
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EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required Item 1A - Page 31
to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
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7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
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EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 09-24)
ECONOMIC DEVELOPMENT CONSUL TING SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature: 1{. ~
Printed Name: _ Uday Ram ___;; ___________ _
Title: Founding Partner
Firm Name: CVL Economics LLC
Date: 06/25/24
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Exhibit “D”
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 5.24.2023
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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1A - Page 36
FAA - 02 Affirmative Action Requirement
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:
Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.
Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.
Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).
Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.
Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).
Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENTS -
1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: n/a
Goals for female participation in each trade: n/a
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make Item 1A - Page 37
a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.
Reference: 41 CFR Part 60-4
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FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
Reference: Title 49 USC § 50101
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FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take Item 1A - Page 42
reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.
Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
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6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.
REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251 Item 1A - Page 45
FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
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The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback
APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).
Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part
3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1A - Page 48
FAA – 10 Davis Bacon Requirements
APPLICABILITY -
The Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.
Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects – Fencing projects that exceed $2,000 must include this provision.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be Item 1A - Page 49
compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Item 1A - Page 50
Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Item 1A - Page 51
Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payrollcertification or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
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(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the Item 1A - Page 53
ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1).
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(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141- 3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City. Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required Item 1A - Page 57
in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).
REQUIREMENT -
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all subtier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1A - Page 60
FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.
The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – all professional service agreements as required above.
Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.
REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or Item 1A - Page 62
applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; Item 1A - Page 63
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
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6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female Item 1A - Page 65
employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
Item 1A - Page 66
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an Item 1A - Page 67
easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
Item 1A - Page 68
FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.
Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.
REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference : 29 USC § 201, et seq; 2 CFR § 200.430
Item 1A - Page 69
FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.
REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
Item 1A - Page 70
FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.
Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.
Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.
Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment.
Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1A - Page 71
FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.
REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
Item 1A - Page 72
FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurementguidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
Item 1A - Page 73
FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.
REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
Item 1A - Page 74
FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.
Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.
Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.
Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.
Land – This provision will not typically apply to a property/land project.
REQUIREMENT -
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
Reference: 49 CFR Part 41
Item 1A - Page 75
FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1A - Page 76
FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1A - Page 77
FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
Item 1A - Page 78
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Item 1A - Page 79
FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.
REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1A - Page 80
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.
REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L) Item 1A - Page 81
ATTACHMENT B
Item 1A - Page 82
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
CVL Economics LLC
8306 Kirkwood Drive, Los Angeles, CA 90046
California
Uday Ram
Adam J. Fowler
v
✓
✓
--
Item 1A - Page 83
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Uday Ram 50%, CVL Economics LLC
Adam J. Fowler 50%, CVL Economics LLC
Uday Ram, Founding Partner ~ ~~ I 06/25/24
_ ____L__ __I
Item 1A - Page 84
CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2024 FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
Attached is the Treasurer’s Investment Report (Attachment A) as of June 30, 2024.
RECOMMENDATION:
Receive and File.
STAFF ANALYSIS:
City Staff has been working with Chandler Asset Management, Inc, the City’s Asset Management Firm, in ensuring the City complies with Section 17.0 of the Council approved Investment Policy and California Government Code (Code) section 53607 and 53646.
The Code section 53607 requires a monthly report of transactions to be submitted to the City Council. Code section 53646 states if the City chooses to issue a Quarterly Report, it must be submitted within 45 days. See pages 43 – 48 for the transactions by month for the quarter.
The City’s total portfolio value as of 06/30/2024 is $486,856,833 vs. $456,280,055 on 03/31/2024 (Attachment A, page 30).
The City’s average market yield is 4.79% for the total portfolio (Attachment A, page 30).
The average maturity of the City’s investments is 2.21 years (Attachment A, page 30).
This Treasurer’s Report is in compliance with Section 17.0 of the Investment Policy. The City has sufficient availability of funds to meet the next six months of obligations. The cash balance in the City’s Bank of America account as of June 30, 2024, was $32,178,097 which is not included in the attached Treasurer’s Report.
Item 1B - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
Treasurer’s Investment Report as of June 30, 2024
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council identified major theme/principal of Forward-Thinking Governance.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Treasurer’s Investment Report
Item 1B - Page 2
ATTACHMENT A
Item 1B - Page 3
INVESTMENT REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.
Item 1B - Page 4
, ,,a CHANDLER " '-- ASSET MANAGEMENT
TABLE OF CONTENTS
ECONOMIC UPDATE
ACCOUNT PROFILE
CONSOLIDATED INFORMATION
PORTFOLIO HOLDINGS
TRANSACTIONS
Item 1B - Page 51
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
SECTION 1 | ECONOMIC UPDATE
Item 1B - Page 62
, ,,a CHANDLER " '-- ASSET MANAGEMENT
Economic Update
▪
▪
▪
Recent economic data suggests positive but slower growth this year fueled by consumer spending. While the consumer has been resilient, growing credit card debt, higher delinquencies, and a moderating labor market pose potential headwinds to future economic growth.
Inflationary trends are subsiding, but core levels remain above the Fed’s target. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, we believe the economy will gradually soften and the Fed will loosen monetary policy in 2024.
As expected at the June meeting, the Federal Open Market Committee voted unanimously to leave the federal funds rate unchanged at a target range of 5.25-5.50%, emphasizing the need to see sustained evidence of easing inflation before considering any rate cuts. The FOMC's latest projections now suggest only one interest rate cut in 2024, with four more cuts expected in 2025 and a slightly higher longterm neutral rate. Additionally, the Fed continues to reduce its holdings of U.S. Treasury securities and agency mortgage-backed securities as per its predefined schedule of $25 billion and $35 billion per month.
The US Treasury yield curve shifted lower in June as economic data moderated. The 2-year Treasury yield fell 12 basis points to 4.76%, the 5-year Treasury dropped 13 basis points to 4.38%, and the 10-year Treasury yield declined 10 basis points to 4.40%. The inversion between the 2-year Treasury yield and 10-year Treasury yield remained relatively stable at -36 basis points at June month-end versus -37 basis points at May month-end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was -106 basis points. The inversion between 3-month and 10-year Treasuries widened to -96 basis points in June from -91 basis points in May.
Item 1B - Page 73
, ,,a. CHANDLER .. ,• • ASSET MANAGEMENT
Employment
-400
-200
0 200
400
600
800
1,000
MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
The U.S. economy added 206,000 jobs in June, remaining ahead of consensus expectations of 190,000 jobs. The gains were broad based, with government, health care, and social assistance posting the largest gains. The three-month moving average and six-month moving average payrolls have weakened from the first quarter to 177,000 and 222,000 respectively. The unemployment rate edged up to 4.1% in June, and the labor participation rate inched up to 62.6%, remaining below the pre-pandemic level of 63.3%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons held steady at
7.4%. Average hourly earnings rose 3.9% year-over-year in June, down from 4.1% year-over-year in May. The labor markets continue to show signs of cooling in line with the Federal Reserve’s view that there has been “substantial” progress towards better balance in the labor market between demand and supply for workers.
Source: US Department of Labor Source: US Department of Labor Item 1B - Page 84
-.-
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I I -------t--1- - - - - ------------
• I
I I
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. . ..
I \
I \
I \
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'
, ,,a. CHANDLER .. ,• • ASSET MANAGEMENT
---~------~------
Job Openings & Labor Turnover Survey
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average In Thousands (000's)
The Labor Department’s Job Openings and Labor Turnover Survey (JOLTS) increased to 8.140 million job openings in May from a downwardly revised 7.919 million in April. Job openings still represent a healthy ratio of around 1.2 jobs for each unemployed individual.
While the current level of job openings remains elevated from a historical perspective, the trend is decelerating.
Source: US Department of Labor
Item 1B - Page 95
-
, ,,a. CHANDLER .. ,• • ASSET MANAGEMENT
Inflation
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Core Deflator YOY % Change
Fed Target
YOY (%) Change
In June, the Consumer Price Index (CPI) declined 0.1% month-over-month and rose 3.0% year-over-year, reflecting broad-based cost reductions. The month-over-month drop was the first deflationary data point since the pandemic. The Core CPI, which excludes volatile food and energy components, was up just 0.1% month-over-month and 3.3% year-over-year in June, down from 3.4% in May and lower than expected. The Personal Consumption Expenditures (PCE) Index decelerated in May as expected. The headline PCE deflator was unchanged in May from April versus up 0.3% in the prior month. Year-over-year, the PCE deflator rose 2.6%. The Core PCE deflator (the Fed’s preferred gauge) increased 0.1% in May from the prior month versus up 0.3% in April. The Core PCE deflator also rose 2.6% yearover-year, still above the Fed’s 2% inflation target. Much of the lingering inflation has been driven by shelter costs and demand for services.
Source: US Department of Labor Source: US Department of Commerce Item 1B - Page 106
I ,...,
I
,
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, ,,a. CHANDLER .. ,• • ASSET MANAGEMENT
Consumer
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Retail Sales YOY % Change
YOY (%) Change
May Retail Sales increased below expectations to +0.1% after a downwardly revised -0.2%, pointing to a fatigued consumer. On a yearover-year basis, Retail Sales growth further slowed to +2.3% in May. Nonstore retailers were a bright spot in May, up 0.8% following a
1.8% decline in April. The Conference Board’s Consumer Confidence Index fell to 100.4 in June from 101.3 in May. While the present situation component rose marginally, consumers are less optimistic about future expectations for business conditions and potential income increases. While the consumer has been resilient, consumption has begun to moderate in the face of higher interest rates, rising credit card balances, and growing delinquencies.
0 20
40 60
80 100
120
140
160
Index Level
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09) Item 1B - Page 117
, ,,a. CHANDLER .. ,• • ASSET MANAGEMENT
Leading Indicators of Economic Activity
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25
0.00 0.25
0.50 0.75
1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
The Conference Board’s Leading Economic Index (LEI) declined for the third consecutive month to -0.5% in May following a -0.6% decline in April. The index declined 5.3% year-over-year. The primary drivers for the negative print were a decline in new orders, weak consumer sentiment about future business conditions, and lower building permits. The Chicago Fed National Activity Index (CFNAI) increased to 0.18 in May from -0.26 in April, surpassing consensus expectations. However, the three-month moving average fell to -0.09 in May from -0.05 in April, indicating below-trend growth expectations for the economy.
Source: The Conference Board Source: Federal Reserve Bank of Chicago Item 1B - Page 128
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•
Housing
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
May Housing Starts declined 5.5% month-over-month from April to 1.352 million units. This equates to -19.3% less starts compared to May 2023. Single family starts were 5.2% lower month-over-month due to higher mortgage interest rates, lack of existing unit supply and home affordability. Multi-family home starts declined 10.3% month-over-month. The Freddie Mac average rate for a 30-year fixed mortgage edged down to 6.92% in June from 7.06% in May. According to the Case-Shiller 20-City Home Price Index, housing prices rose a higher-than-expected 7.2% year-over-year in April versus March's upwardly revised 7.5% increase. Tight inventories and higher mortgage rates continue to impact affordability.
Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%
0.0%
4.0%
8.0%
12.0%
16.0%
20.0%
24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change
Item 1B - Page 139
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1---------l •
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Survey Based Measures
40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services
EXPANDING
CONTRACTING
The Institute for Supply Management (ISM) Manufacturing index edged down to 48.5 in June from 48.7 in May. While new orders picked up, prices paid for materials fell the most in over a year. The ISM Services Index returned to contraction declining to 48.8 in June, from
53.8 in the previous month. Although the level of the decline was a surprise, the trend in the Services PMI, which applies to a larger share of US economic output, has been steadily decreasing.
Source: Institute for Supply Management
Item 1B - Page 1410
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I------ -----------------------------
Gross Domestic Product (GDP)
Components of GDP 6/23 9/23 12/23 3/24
0.6% 2.1% 2.2% 1.0%
0.9% 1.7% 0.2% 0.8%
0.0% 0.0% 0.3% -0.7%
0.1% 0.5% 0.2% 0.0%
0.5% 0.5% 0.6% 0.3%
2.1% 4.9% 3.4% 1.4%
State and Local (Consumption and Gross
Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-40.0%
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce The third and final estimate of first quarter GDP came in as expected with growth up 1.4%, a small upward revision from 1.3% in the second estimate. Notably, the personal consumption expenditures component was revised down substantially to +1.5% in the final estimate from +2.0% in the second estimate. Weaker growth in consumer spending was offset by upward revisions in other major categories, particularly gross fixed investment. The consensus projection calls for 2.0% growth in the second quarter and 2.3% growth for the full year 2024.
Item 1B - Page 1511
, ,,a. CHANDLER .. ,• • ASSET MANAGEMENT
---:__-_~f
Federal Reserve
Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
As expected at the June meeting, the Federal Open Market Committee voted unanimously to leave the federal funds rate unchanged at a target range of 5.25-5.50%, emphasizing the need to see sustained evidence of easing inflation before considering any rate cuts. The FOMC's latest projections now suggest only one interest rate cut in 2024, with four more cuts expected in 2025 and a slightly higher longterm neutral rate. The Fed’s inflation projections ticked up marginally, while unemployment and GDP growth forecasts remained steady.
Additionally, the Fed continues to reduce its holdings of U.S. Treasury securities and agency mortgage-backed securities as per its predefined schedule of $25 billion and $35 billion per month. Since the Fed began its Quantitative Tightening campaign in June 2022, securities holdings have declined by approximately $1.7T to approximately $7.3T.
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Effective Federal Funds Rate
Recession
Yield (%)
Item 1B - Page 1612
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, ,,a. CHANDLER .. ,• • ASSET MANAGEMENT
•
Bond Yields
Source: Bloomberg Source: Bloomberg
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Yield Curve
Jun-24
Mar-24
Jun-23
Yield (%)
At the end of June, the 2-year Treasury yield was 15 basis points lower, and the 10-Year Treasury yield was 56 basis points higher, yearover-year. The inversion between the 2-year Treasury yield and 10-year Treasury yield remained relatively stable at -36 basis points at June month-end versus -37 basis points at May month-end. The inversion has occurred since July 2022 and remains historically long. The average historical spread (since 2003) is about +130 basis points. The inversion between 3-month and 10-year Treasuries widened to -96 basis points in June from -91 basis points in May.
Item 1B - Page 1713
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___ _.r
SECTION 2 | ACCOUNT PROFILE
Item 1B - Page 1814
, ,,a CHANDLER " '-- ASSET MANAGEMENT
OBJECTIVES
City of Palm Springs | As of June 30, 2024
The investment objectives of the City of Palm Springs are first, to provide safety of principal to ensure the preservation of capital in the overall portfolio;second, to provide adequate liquidity to meet all requirements which might be reasonably anticipated; and third, to earn a commensurate rate of return.
The performance objective for the portfolio isto achieve a rate of return over a market cycle that equals or exceeds the return on a market index ofsimilar duration and sector allocation.
In order to achieve these objectives, the portfolio invests in high quality fixed income securities consistent with the investment policy and California Government Code.
Item 1B - Page 1915
Investment Objectives
Chandler Asset Management Performance Objective
Strategy
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
STATEMENT OF COMPLIANCE
City of Palm Springs | Account #10805 | As of June 30, 2024 Rules Name Limit Actual Compliance
Status Notes
AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 20.0 2.1 Compliant
Max % Issuer (MV) 5.0 2.1 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 0.1 Compliant
Max % Issuer (MV) 5.0 0.1 Compliant
Max Maturity (Years) 5 1 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
BANKERS' ACCEPTANCES
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 3) 0.0 0.0 Compliant
COLLATERALIZED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV) 10.0 0.0 Compliant
Max Issuer Amount (MV) 500,000.0 0.0 Compliant
Max Maturity (Years) 1.0 0.0 Compliant
Min Rating (A-1 by 2; A- by 2) 0.0 0.0 Compliant
COMMERCIAL PAPER
Max % (MV) 15.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant
CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 22.1 Compliant
Max % Issuer (MV) 5.0 1.4 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
Item 1B - Page 2016
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
STATEMENT OF COMPLIANCE
City of Palm Springs | Account #10805 | As of June 30, 2024 Rules Name Limit Actual Compliance
Status Notes
FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV) 10.0 0.0 Compliant
Max Maturity (Years) 1 0.0 Compliant
FEDERAL AGENCIES
Max % (MV) 60.0 31.7 Compliant
Max Callables (MV) 20.0 2.7 Compliant
Max Maturity (Years) 5 4 Compliant
LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant
LOCAL GOVERNMENT INVESTMENT POOL (LGIP)
Max % (MV) 100.0 0.0 Compliant
MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.4 Compliant
Max % Issuer (MV) 10.0 0.4 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 15.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
Item 1B - Page 2117
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
STATEMENT OF COMPLIANCE
City of Palm Springs | Account #10805 | As of June 30, 2024 Rules Name Limit Actual Compliance
Status Notes
NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 2 or A-1 by 2 if > FDIC Limit) 0.0 0.0 Compliant
SRI PROHIBITED INVESTMENTS
Prohibited Investments - Firearms 0.0 0.0 Compliant
SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 3.0 Compliant
Max % Issuer (MV) 10.0 1.2 Compliant
Max Maturity (Years) 5 1 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 40.5 Compliant
Max Maturity (Years) 5 4 Compliant
Item 1B - Page 2218
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
PORTFOLIO CHARACTERISTICS
City of Palm Springs | Account #10805 | As of June 30, 2024 Benchmark* 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 2.76 2.59 2.37
Average Modified Duration 2.56 2.35 2.18
Average Purchase Yield 3.64% 3.48%
Average Market Yield 4.65% 4.82% 5.12%
Average Quality** AA+ AA AA
Total Market Value 415,993,262 385,546,033
*Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index **The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch.
Item 1B - Page 2319
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SECTOR DISTRIBUTION
City of Palm Springs | Account #10805 | As of June 30, 2024 Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
US Treasury 40.5% 40.7%
Agency 31.7% 28.5%
Corporate 22.1% 22.1%
Supras 2.9% 3.2%
Agency CMBS 2.2% 2.3%
Money Mkt Fd 0.4% 2.8%
ABS 0.1% 0.2%
Cash 0.0% 0.2%
Item 1B - Page 2420
50%
25%
0% US Treasury Agency Corporate Supras
• 06/30/2024
Agency CMBS Money Mkt Fd
• 03/31/2024
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
ABS Cash
DURATION ALLOCATION
City of Palm Springs | Account #10805 | As of June 30, 2024 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
06/30/2024 5.8% 6.7% 8.0% 20.1% 24.1% 22.0% 13.4% 0.0% 0.0% Item 1B - Page 2521
30%
25%
20%
15%
10%
5%
0% 0-.25 .25-.5 .5-1
• ABS • Agency • Agency CMBS • cash
1-2 2-3
• Corporate • Money Mkt Fd Supras
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
-
-
3-4 4-5
• US Treasury
ISSUERS
City of Palm Springs | Account #10805 | As of June 30, 2024 Issuer Investment Type % Portfolio
United States US Treasury 40.54%
Farm Credit System Agency 16.06%
Federal Home Loan Banks Agency 14.17%
FHLMC Agency CMBS 2.15%
FNMA Agency 1.48%
PACCAR Inc Corporate 1.43%
Inter-American Development Bank Supras 1.21%
Caterpillar Inc. Corporate 1.21%
Eli Lilly and Company Corporate 1.19%
Deere & Company Corporate 1.16%
International Finance Corporation Supras 1.15%
The Home Depot, Inc. Corporate 1.09%
The PNC Financial Services Group, In Corporate 1.07%
Bank of America Corporation Corporate 0.97%
U.S. Bancorp Corporate 0.95%
State Street Corporation Corporate 0.94%
Mastercard Incorporated Corporate 0.93%
Apple Inc. Corporate 0.92%
Pfizer Inc. Corporate 0.92%
Merck & Co., Inc. Corporate 0.90%
Visa Inc. Corporate 0.89%
Morgan Stanley Corporate 0.78%
JPMorgan Chase & Co. Corporate 0.78%
BNY Mellon Corp Corporate 0.75%
Target Corporation Corporate 0.73%
Truist Financial Corporation Corporate 0.72%
Northern Trust Corporation Corporate 0.71%
Microsoft Corporation Corporate 0.70%
Item 1B - Page 2622
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ISSUERS
City of Palm Springs | Account #10805 | As of June 30, 2024 Issuer Investment Type % Portfolio
International Bank for Recon and Dev Supras 0.58%
The Procter & Gamble Company Corporate 0.57%
The Charles Schwab Corporation Corporate 0.50%
Salesforce, Inc. Corporate 0.48%
Costco Wholesale Corporation Corporate 0.46%
Allspring Group Holdings LLC Money Mkt Fd 0.37%
Amazon.com, Inc. Corporate 0.36%
Honda Auto Receivables Owner Trust ABS 0.09%
Toyota Auto Receivables Owner Trust ABS 0.05%
Cash Cash 0.01%
TOTAL 100.00%
Item 1B - Page 2723
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
Portfolio 5.8% 6.7% 8.0% 20.1% 24.1% 22.0% 13.4% 0.0% 0.0% ICE BofA 1-5 Year Unsubordinated US
Treasury & Agency Index
0.0% 0.1% 2.4% 35.0% 26.8% 22.9% 12.8% 0.0% 0.0%
DURATION DISTRIBUTION
City of Palm Springs | Account #10805 | As of June 30, 2024 Portfolio Compared to the Benchmark
Item 1B - Page 2824
40%
30%
20%
10%
0% 0-. 25 .25-.5 .5-1
• City of Palm Springs
1-2 2-3 3-4 4-5
• ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index ,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
5-7 7+
DURATION DISTRIBUTION
City of Palm Springs | Account #10805 | As of June 30, 2024 Date 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
06/30/2024 5.8% 6.7% 8.0% 20.1% 24.1% 22.0% 13.4% 0.0% 0.0% 03/31/2024 7.2% 4.2% 11.3% 19.9% 21.6% 20.0% 8.5% 0.0% 0.0% Item 1B - Page 2925
30%
25%
20%
15%
10%
5%
0% 0-.25 .25-.5 .5-1 1-2
• 06/30/2024
2-3 3-4 4-5
• 04/01/2024
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
5-7 7+
3 Months 12 Months 2 Years 3 Years 5 Years 10 Years Since Inception
TOTAL RATE OF RETURN
City of Palm Springs 0.91% 4.59% 2.54% 0.82% 0.75%
Benchmark 0.82% 4.18% 1.85% (0.34%) (0.29%)
*Periods over 1 year are annualized.
Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending market value; it includes interest earnings, realized and unrealized gains and losses in the portfolio.
INVESTMENT PERFORMANCE
City of Palm Springs | Account #10805 | As of June 30, 2024 Total Rate of Return : Inception | 04/01/2021
-1.00%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
3 months 12 months 2 years 3 years 5 years 10 years Since Inception City of Palm Springs Benchmark
Item 1B - Page 3026
• •
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PORTFOLIO CHARACTERISTICS
City of Palm Springs Reporting | Account #10806 | As of June 30, 2024 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 0.00 0.00
Average Modified Duration 0.00 0.00
Average Purchase Yield 4.67% 4.62%
Average Market Yield 4.67% 4.62%
Average Quality** AAA AAA
Total Market Value 70,863,571 69,959,299
*Benchmark: NO BENCHMARK REQUIRED
**The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch.
Item 1B - Page 3127
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SECTOR DISTRIBUTION
City of Palm Springs Reporting | Account #10806 | As of June 30, 2024 Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
LAIF 62.0% 62.1%
LGIP 37.3% 37.2%
Cash 0.7% 0.6%
Item 1B - Page 3228
• 06/30/2024 • 03/31/2024
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
CONSOLIDATED INFORMATION
Item 1B - Page 3329
, ,,a CHANDLER , ,,.. CHANDLER
" '-- ASSET MANAGEMENT----------------- " -'•• ASSET MANAGEMENT
PORTFOLIO CHARACTERISTICS
City of Palm Springs Cons | Account #10807 | As of June 30, 2024 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 2.21 2.01
Average Modified Duration 2.01 1.96
Average Purchase Yield 3.79% 3.65%
Average Market Yield 4.79% 4.74%
Average Quality** AA+ AA+
Total Market Value 486,856,833 456,280,055
*Benchmark: NO BENCHMARK REQUIRED
**The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch.
Item 1B - Page 3430
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SECTOR DISTRIBUTION
City of Palm Springs Cons | Account #10807 | As of June 30, 2024 Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
US Treasury 34.6% 34.4%
Agency 27.1% 24.1%
Corporate 18.9% 18.7%
LAIF 9.1% 9.6%
LGIP 5.5% 5.7%
Supras 2.5% 2.7%
Agency CMBS 1.8% 2.0%
Money Mkt Fd 0.3% 2.4%
ABS 0.1% 0.2%
Cash 0.1% 0.3%
Item 1B - Page 3531
40%
20%
0% US Treasury Agency Corporate LAIF LGIP
• 06/30/2024
Supras Agency CMBS Money Mkt Fd
• 03/31/2024
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
ABS Cash
SECTION 3 | PORTFOLIO HOLDINGS
Item 1B - Page 3632
, ,,a CHANDLER " '-- ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
89190GAC1 TAOT 2021-B A3 0.26 11/17/2025 203,473.60 06/14/2021 203,473.60 98.99 201,419.74 0.05% NA/AAA 1.38
0.26% 203,473.60 4.29% 23.51 (2,053.86) AAA 0.27
43815GAC3 HAROT 2021-4 A3 0.88 01/21/2026 393,581.75 02/03/2022 389,153.95 97.97 385,573.58 0.09% Aaa/NA 1.56
1.48% 391,991.30 4.64% 96.21 (6,417.72) AAA 0.55
592,627.56 98.32 586,993.32 0.14% Aaa/AAA 1.50
Total ABS 597,055.35 1.06% 595,464.90 4.52% 119.72 (8,471.58) AAA 0.45 AGENCY
3133ENG20 FEDERAL FARM CREDIT BANKS 5,000,000.00 08/11/2022 5,005,300.00 99.71 4,985,663.35 1.21% Aaa/AA+ 0.13 FUNDING CORP 3.3 08/15/2024 3.24% 5,000,326.27 5.54% 62,333.33 (14,662.92) AA+ 0.12 3133ENZ94 FEDERAL FARM CREDIT BANKS 5,000,000.00 11/23/2022 4,978,950.00 99.59 4,979,395.35 1.21% Aaa/AA+ 0.39 FUNDING CORP 4.5 11/18/2024 4.72% 4,995,912.62 5.57% 26,875.00 (16,517.27) AA+ 0.38 3130ATUR6 FEDERAL HOME LOAN BANKS 4.625 5,000,000.00 04/26/2023 5,021,550.00 99.64 4,981,846.10 1.21% Aaa/AA+ 0.45 12/13/2024 4.34% 5,005,966.02 5.43% 11,562.50 (24,119.92) AA+ 0.44 3130AQF40 FEDERAL HOME LOAN BANKS 1.0 3,000,000.00 01/24/2022 2,978,610.00 97.97 2,939,149.20 0.71% Aaa/AA+ 0.47 12/20/2024 1.25% 2,996,529.17 5.40% 916.67 (57,379.97) AA+ 0.46 3133ENKS8 FEDERAL FARM CREDIT BANKS 3,000,000.00 01/24/2022 2,988,720.00 97.88 2,936,252.97 0.71% Aaa/AA+ 0.52 FUNDING CORP 1.125 01/06/2025 1.25% 2,998,020.50 5.35% 16,406.25 (61,767.53) AA+ 0.50 3135G0X24 FEDERAL NATIONAL MORTGAGE 3,100,000.00 12/28/2021 3,155,955.00 98.13 3,042,161.72 0.74% Aaa/AA+ 0.52 ASSOCIATION 1.625 01/07/2025 1.02% 3,109,621.22 5.31% 24,347.92 (67,459.50) AA+ 0.50 3133ELVQ4 FEDERAL FARM CREDIT BANKS 2,600,000.00 08/23/2021 2,635,074.00 96.89 2,519,196.71 0.61% Aaa/AA+ 0.75 FUNDING CORP 0.95 04/01/2025 0.57% 2,607,302.64 5.21% 6,175.00 (88,105.93) AA+ 0.73 3135G04Z3 FEDERAL NATIONAL MORTGAGE 3,200,000.00 12/29/2021 3,136,448.00 95.66 3,061,248.00 0.74% Aaa/AA+ 0.96 ASSOCIATION 0.5 06/17/2025 1.08% 3,182,366.21 5.17% 622.22 (121,118.21) AA+ 0.94 3133EPRS6 FEDERAL FARM CREDIT BANKS 5,250,000.00 08/22/2023 5,229,105.00 99.80 5,239,690.42 1.27% Aaa/AA+ 1.08 FUNDING CORP 4.875 07/28/2025 5.09% 5,238,381.79 5.06% 108,773.44 1,308.63 AA+ 1.02 3133ENP95 FEDERAL FARM CREDIT BANKS 4,200,000.00 05/30/2023 4,177,656.00 99.18 4,165,552.19 1.01% Aaa/AA+ 1.25 FUNDING CORP 4.25 09/30/2025 4.49% 4,188,055.26 4.93% 45,120.83 (22,503.07) AA+ 1.19 3130ATUC9 FEDERAL HOME LOAN BANKS 4.5 4,000,000.00 02/14/2023 4,010,520.00 99.42 3,976,806.00 0.96% Aaa/AA+ 1.45 12/12/2025 4.40% 4,005,397.75 4.92% 9,500.00 (28,591.75) AA+ 1.38 Item 1B - Page 3733
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3130ALHH0 FEDERAL HOME LOAN BANKS 0.96
03/05/2026
3,000,000.00 03/28/2022
2.68%
2,806,200.00
2,917,463.05
93.64 4.95%
2,809,123.77
9,280.00
0.68%
(108,339.28)
Aaa/AA+
AA+
1.68 1.63
3133EPCR4 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 03/09/2026
5,000,000.00 04/26/2023
3.87%
5,118,550.00
5,069,748.62
99.77 4.89%
4,988,612.90
73,888.89
1.21%
(81,135.72)
Aaa/AA+
AA+
1.69 1.58
3130AWLZ1 FEDERAL HOME LOAN BANKS 4.75
06/12/2026
5,250,000.00 08/22/2023
4.85%
5,235,772.50
5,240,121.34
99.83 4.84%
5,241,221.00
13,161.46
1.27%
1,099.67
Aaa/AA+
AA+
1.95 1.84
3130ANMH0 FEDERAL HOME LOAN BANKS 1.1
08/20/2026
2,000,000.00 09/08/2022
3.68%
1,810,600.00
1,897,479.53
92.35 4.91%
1,846,968.60
8,005.56
0.45%
(50,510.93)
Aaa/AA+
AA+
2.14 2.06
3133EMNW8 FEDERAL FARM CREDIT BANKS
FUNDING CORP 0.7 01/27/2027
2,000,000.00 04/25/2022
3.01%
1,795,000.00
1,889,061.60
90.42 4.69%
1,808,372.10
5,988.89
0.44%
(80,689.50)
Aaa/AA+
AA+
2.58 2.49
3130AL5A8 FEDERAL HOME LOAN BANKS 0.9
02/26/2027
5,000,000.00 --
3.15%
4,501,000.00
4,721,595.18
90.65 4.69%
4,532,412.45
15,625.00
1.10%
(189,182.73)
Aaa/AA+
AA+
2.66 2.56
3133EPBM6 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.125 08/23/2027
3,800,000.00 02/24/2023
4.36%
3,763,862.00
3,774,672.51
98.73 4.56%
3,751,568.62
55,733.33
0.91%
(23,103.89)
Aaa/AA+
AA+
3.15 2.87
3130ATUS4 FEDERAL HOME LOAN BANKS 4.25
12/10/2027
6,000,000.00 01/25/2023
3.63%
6,162,990.00
6,115,164.94
99.11 4.53%
5,946,696.90
14,875.00
1.44%
(168,468.04)
Aaa/AA+
AA+
3.45 3.16
3133EPAV7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 3.875 02/14/2028
6,000,000.00 02/14/2023
4.07%
5,948,760.00
5,962,854.51
97.94 4.50%
5,876,170.32
88,479.17
1.42%
(86,684.19)
Aaa/AA+
AA+
3.63 3.29
3130ATS57 FEDERAL HOME LOAN BANKS 4.5
03/10/2028
6,000,000.00 03/30/2023
3.89%
6,163,404.00
6,121,964.89
99.88 4.53%
5,992,638.18
83,250.00
1.45%
(129,326.71)
Aaa/AA+
AA+
3.70 3.32
3133EPGW9 FEDERAL FARM CREDIT BANKS
FUNDING CORP 3.875 04/25/2028
5,000,000.00 04/26/2023
3.64%
5,053,550.00
5,040,903.40
97.93 4.47%
4,896,325.15
35,520.83
1.19%
(144,578.25)
Aaa/AA+
AA+
3.82 3.48
3133EPNH4 FEDERAL FARM CREDIT BANKS
FUNDING CORP 3.875 06/21/2028
7,000,000.00 06/22/2023
4.10%
6,928,110.00
6,942,842.53
98.08 4.41%
6,865,785.43
7,534.72
1.66%
(77,057.10)
Aaa/AA+
AA+
3.98 3.64
3130AWTR1 FEDERAL HOME LOAN BANKS 4.375
09/08/2028
5,000,000.00 10/19/2023
5.04%
4,856,850.00
4,877,300.00
99.66 4.46%
4,983,200.55
68,663.19
1.21%
105,900.55
Aaa/AA+
AA+
4.19 3.74
3130AXQK7 FEDERAL HOME LOAN BANKS 4.75
12/08/2028
7,100,000.00 01/23/2024
4.10%
7,299,865.00
7,282,011.89
101.38
4.40%
7,198,225.66
21,546.53
1.74%
(83,786.23)
Aaa/AA+
AA+
4.44 3.96
3133ERAK7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.375 04/10/2029
5,200,000.00 04/25/2024
4.71%
5,122,780.00
5,125,595.76
99.92 4.39%
5,196,009.47
51,187.50
1.26%
70,413.71
Aaa/AA+
AA+
4.78 4.23
3133ERDH1 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 04/30/2029
8,000,000.00 05/07/2024
4.53%
8,077,200.00
8,074,906.93
101.45
4.41%
8,116,233.52
64,388.89
1.97%
41,326.59
Aaa/AA+
AA+
4.83 4.25
Item 1B - Page 3834
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3130B1BC0 FEDERAL HOME LOAN BANKS 4.625 8,000,000.00 06/06/2024 8,097,920.00 101.02 8,081,625.76 1.96% Aaa/AA+ 4.94 06/08/2029 4.35% 8,096,633.69 4.39% 59,611.11 (15,007.93) AA+ 4.35 132,060,301.50 98.75 130,958,152.38 31.71% Aaa/AA+ 2.70 Total Agency 132,700,000.00 3.82% 132,478,199.81 4.78% 989,373.23 (1,520,047.43) AA+ 2.45
AGENCY CMBS
3137BSRE5 FHMS K-059 A2 3.12 09/25/2026 2,750,000.00 02/18/2022 2,868,164.06 96.11 2,643,111.08 0.64% Aaa/AAA 2.24
2.07% 2,806,718.75 4.99% 7,150.00 (163,607.68) AAA 2.02 3137H4BY5 FHMS K-746 A2 2.031 09/25/2028 7,000,000.00 10/18/2023 5,993,476.56 89.35 6,254,441.20 1.51% Aaa/AA+ 4.24
5.43% 6,136,374.54 4.86% 11,847.50 118,066.66 AAA 3.91
8,861,640.62 91.36 8,897,552.28 2.15% Aaa/AA+ 3.64
Total Agency CMBS 9,750,000.00 4.43% 8,943,093.29 4.90% 18,997.50 (45,541.01) AAA 3.35 CASH
CCYUSD Receivable 24,787.16 -- 24,787.16 1.00 24,787.16 0.01% Aaa/AAA 0.00
0.00% 24,787.16 0.00% 0.00 0.00 AAA 0.00
24,787.16 1.00 24,787.16 0.01% Aaa/AAA 0.00
Total Cash 24,787.16 0.00% 24,787.16 0.00% 0.00 0.00 AAA 0.00
CORPORATE
79466LAG9 SALESFORCE INC 0.625 07/15/2024 2,000,000.00 12/10/2021 1,980,340.00 99.81 1,996,157.46 0.48% A1/A+ 0.04
1.01% 1,999,708.43 5.23% 5,763.89 (3,550.97) NA 0.04
91159HHX1 US BANCORP 2.4 07/30/2024 1,250,000.00 08/23/2021 1,314,212.50 99.72 1,246,529.41 0.30% A3/A 0.08
0.54% 1,250,000.00 5.69% 12,583.33 (3,470.59) A 0.08
05552JAA7 PNC BANK NA (DELAWARE) 2.5 2,000,000.00 11/30/2022 1,917,860.00 99.51 1,990,165.66 0.48% A2/A 0.16 08/27/2024 4.99% 1,992,615.17 5.59% 17,222.22 (2,449.51) A+ 0.16 61761JVL0 MORGAN STANLEY 3.7 10/23/2024 3,250,000.00 -- 3,268,942.50 99.41 3,230,670.56 0.78% A1/A- 0.31
3.45% 3,252,431.20 5.59% 22,713.89 (21,760.64) A+ 0.31
06406RAX5 BANK OF NEW YORK MELLON CORP 1,200,000.00 10/25/2021 1,199,068.50 98.51 1,182,168.73 0.29% A1/A 0.32
0.85 10/25/2024 0.88% 1,199,901.23 5.58% 1,870.00 (17,732.50) AA- 0.31 Item 1B - Page 3935
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
14913Q3B3 CATERPILLAR FINANCIAL SERVICES
CORP 2.15 11/08/2024
2,000,000.00 12/09/2021
1.20%
2,054,620.00
2,006,692.37
98.81 5.55%
1,976,153.98
6,330.56
0.48%
(30,538.39)
A2/A
A+
0.36 0.35
07330NAT2 TRUIST BANK 2.15 12/06/2024 3,000,000.00 11/28/2022
4.81%
2,847,750.00
2,967,360.24
98.45 5.80%
2,953,609.71
4,479.17
0.72%
(13,750.53)
A3/A
A
0.44 0.42
023135CE4 AMAZON.COM INC 3.0 04/13/2025 1,500,000.00 04/25/2022
2.96%
1,501,515.00
1,500,400.45
98.21 5.35%
1,473,148.83
9,750.00
0.36%
(27,251.62)
A1/AA
AA0.790.76
037833DT4 APPLE INC 1.125 05/11/2025 2,000,000.00 05/25/2022
2.82%
1,903,380.00
1,971,934.61
96.50 5.32%
1,930,087.26
3,125.00
0.47%
(41,847.35)
Aaa/AA+
NA
0.86 0.84
91159HHZ6 US BANCORP 1.45 05/12/2025 800,000.00 01/24/2022
1.64%
794,984.00
798,685.49
96.58 5.54%
772,634.95
1,578.89
0.19%
(26,050.54)
A3/A
A
0.87 0.84
69353REQ7 PNC BANK NA (DELAWARE) 3.25
06/01/2025
2,500,000.00 08/25/2022
3.92%
2,456,550.00
2,485,545.43
97.94 5.57%
2,448,608.90
6,770.83
0.59%
(36,936.53)
A2/A
A+
0.92 0.89
69371RR99 PACCAR FINANCIAL CORP 3.55
08/11/2025
3,000,000.00 08/11/2022
3.60%
2,995,680.00
2,998,393.85
98.19 5.24%
2,945,562.03
41,416.67
0.71%
(52,831.82)
A1/A+
NA
1.11 1.06
437076CR1 HOME DEPOT INC 4.0 09/15/2025 925,000.00 09/12/2022
4.01%
924,667.00
924,865.52
98.54 5.25%
911,526.66
10,894.44
0.22%
(13,338.85)
A2/A
A
1.21 1.15
857477BE2 STATE STREET CORP 2.354
11/01/2025
2,500,000.00 09/08/2022
4.18%
2,411,425.00
2,485,314.21
98.79 6.25%
2,469,771.95
9,808.33
0.60%
(15,542.26)
A1/A
AA1.340.33
58933YAY1 MERCK & CO INC 0.75 02/24/2026 4,000,000.00 --
2.77%
3,742,920.00
3,874,873.11
93.38 4.98%
3,735,152.56
10,583.33
0.90%
(139,720.55)
A1/A+
WR
1.65 1.60
46647PBK1 JPMORGAN CHASE & CO 2.083
04/22/2026
3,300,000.00 --
2.53%
3,277,439.50
3,289,498.85
97.11 6.58%
3,204,499.72
13,174.97
0.78%
(84,999.14)
A1/AAA1.81
0.78 06406FAC7 BANK OF NEW YORK MELLON CORP
2.8 05/04/2026
2,000,000.00 01/25/2023
4.38%
1,904,400.00
1,946,149.87
95.98 5.11%
1,919,539.12
8,866.67
0.46%
(26,610.75)
A1/A
AA1.841.76
808513BR5 CHARLES SCHWAB CORP 1.15
05/13/2026
2,250,000.00 --
3.39%
2,067,262.50
2,161,849.19
92.48 5.44%
2,080,720.94
3,450.00
0.50%
(81,128.25)
A2/AA1.87
1.80 91159HHN3 US BANCORP 2.375 07/22/2026 2,000,000.00 08/11/2022
3.49%
1,918,340.00
1,957,323.13
94.37 5.29%
1,887,355.08
20,979.17
0.46%
(69,968.05)
A3/A
A
2.06 1.95
24422EVB2 JOHN DEERE CAPITAL CORP 2.25
09/14/2026
2,500,000.00 --
3.83%
2,357,655.00
2,419,550.37
94.14 5.09%
2,353,424.08
16,718.75
0.57%
(66,126.29)
A1/A
A+
2.21 2.09
437076CV2 HOME DEPOT INC 4.95 09/30/2026 3,600,000.00 12/21/2023
4.42%
3,647,736.00
3,638,559.75
99.86 5.01%
3,594,985.16
45,045.00
0.87%
(43,574.59)
A2/A
A
2.25 2.08
Item 1B - Page 4036
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
717081EA7 PFIZER INC 3.0 12/15/2026 4,000,000.00 -- 3,852,095.00 95.43 3,817,095.56 0.92% A2/A 2.46
4.00% 3,909,864.30 5.00% 5,333.33 (92,768.74) WR 2.33
87612EBM7 TARGET CORP 1.95 01/15/2027 3,250,000.00 -- 3,164,240.00 93.06 3,024,457.15 0.73% A2/A 2.54
2.59% 3,201,604.29 4.89% 29,222.92 (177,147.14) A 2.41
742718FV6 PROCTER & GAMBLE CO 1.9 2,550,000.00 01/27/2022 2,546,379.00 93.08 2,373,487.73 0.57% Aa3/AA- 2.59 02/01/2027 1.93% 2,548,126.04 4.78% 20,187.50 (174,638.32) NA 2.45 594918BY9 MICROSOFT CORP 3.3 02/06/2027 3,000,000.00 01/25/2023 2,926,980.00 96.46 2,893,802.40 0.70% Aaa/AAA 2.61
3.96% 2,952,842.28 4.76% 39,875.00 (59,039.88) WR 2.42
57636QAR5 MASTERCARD INC 3.3 03/26/2027 4,000,000.00 05/30/2023 3,852,800.00 95.93 3,837,349.68 0.93% Aa3/A+ 2.74
4.36% 3,894,691.33 4.90% 34,833.33 (57,341.65) NA 2.55
92826CAL6 VISA INC 1.9 04/15/2027 4,000,000.00 02/14/2023 3,617,920.00 92.31 3,692,408.92 0.89% Aa3/AA- 2.79
4.44% 3,743,938.49 4.88% 16,044.44 (51,529.57) NA 2.65
665859AW4 NORTHERN TRUST CORP 4.0 3,000,000.00 06/13/2022 2,973,570.00 97.61 2,928,420.51 0.71% A2/A+ 2.86 05/10/2027 4.20% 2,984,599.72 4.90% 17,000.00 (56,179.21) A+ 2.65 22160KAM7 COSTCO WHOLESALE CORP 3.0 2,000,000.00 08/24/2022 1,956,700.00 95.59 1,911,751.10 0.46% Aa3/A+ 2.88 05/18/2027 3.50% 1,973,633.66 4.65% 7,166.67 (61,882.56) WR 2.71 037833DB3 APPLE INC 2.9 09/12/2027 2,000,000.00 02/14/2023 1,872,980.00 94.44 1,888,884.16 0.46% Aaa/AA+ 3.20
4.45% 1,911,108.83 4.79% 17,561.11 (22,224.67) NA 2.98
857477BS1 STATE STREET CORP 2.203 1,500,000.00 02/14/2023 1,362,523.37 93.04 1,395,643.74 0.34% A1/A 3.61 02/07/2028 4.76% 1,409,958.49 5.36% 13,218.00 (14,314.75) AA- 2.46 24422EXH7 JOHN DEERE CAPITAL CORP 4.5 2,500,000.00 06/06/2024 2,466,550.00 98.30 2,457,542.78 0.60% A1/A 4.55 01/16/2029 4.83% 2,467,026.72 4.92% 54,062.50 (9,483.95) A+ 3.97 69371RS80 PACCAR FINANCIAL CORP 4.6 3,000,000.00 02/12/2024 2,994,863.00 98.90 2,967,108.27 0.72% A1/A+ 4.59 01/31/2029 4.64% 2,995,254.01 4.87% 57,883.33 (28,145.74) NA 4.01 14913UAJ9 CATERPILLAR FINANCIAL SERVICES 3,000,000.00 06/06/2024 3,015,000.00 100.02 3,000,709.50 0.73% A2/A 4.66 CORP 4.85 02/27/2029 4.73% 3,014,791.43 4.84% 50,116.67 (14,081.93) A+ 4.06 532457BV9 ELI LILLY AND CO 3.375 03/15/2029 5,200,000.00 04/24/2024 4,846,452.00 94.50 4,914,217.15 1.19% A1/A+ 4.71
4.96% 4,859,531.69 4.69% 51,675.00 54,685.46 WR 4.24
06051GLG2 BANK OF AMERICA CORP 5.202 4,000,000.00 06/06/2024 4,002,680.00 99.84 3,993,662.32 0.97% A1/A- 4.82 04/25/2029 5.18% 4,002,634.64 5.58% 38,148.00 (8,972.32) AA- 3.39 91,938,479.87 96.71 91,399,013.71 22.13% A1/A 2.32
Total Corporate 94,575,000.00 3.76% 92,991,258.40 5.21% 725,452.92 (1,592,244.69) A+ 2.02 Item 1B - Page 4137
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
MONEY MARKET
FUND
94975P405 ALLSPRING:GOVT MM I 1,525,806.48 -- 1,525,806.48 1.00 1,525,806.48 0.37% Aaa/ 0.00
5.19% 1,525,806.48 5.19% 0.00 0.00 AAAm 0.00
NA
Aaa/
Total Money Market 1,525,806.48 1.00 1,525,806.48 0.37% AAAm 0.00 Fund 1,525,806.48 5.19% 1,525,806.48 5.19% 0.00 0.00 NA 0.00
SUPRANATIONAL
4581X0EE4 INTER-AMERICAN DEVELOPMENT 5,000,000.00 06/27/2022 4,999,800.00 100.00 5,000,000.00 1.21% Aaa/AAA 0.00 BANK 3.25 07/01/2024 3.25% 5,000,000.00 3.25% 81,250.00 0.00 NA 0.00 459058JB0 INTERNATIONAL BANK FOR 2,500,000.00 07/20/2021 2,506,400.00 96.39 2,409,814.93 0.58% Aaa/AAA 0.81 RECONSTRUCTION AND DEVELOPM 0.56% 2,501,378.10 5.23% 2,999.58 (91,563.18) NA 0.79
0.625 04/22/2025
45950VHX7 INTERNATIONAL FINANCE CORP 5,000,000.00 -- 4,817,056.56 95.39 4,769,404.50 1.15% Aaa/AAA 1.77
2.125 04/07/2026 3.19% 4,911,192.41 4.88% 24,791.67 (141,787.91) NA 1.70 12,323,256.56 97.48 12,179,219.43 2.95% Aaa/AAA 0.85
Total Supranational 12,500,000.00 2.69% 12,412,570.51 4.28% 109,041.25 (233,351.08) NA 0.82
US TREASURY
91282CFN6 UNITED STATES TREASURY 4.25 7,000,000.00 05/30/2023 6,936,562.50 99.72 6,980,722.63 1.69% Aaa/AA+ 0.25 09/30/2024 4.96% 6,988,170.47 5.30% 74,781.42 (7,447.84) AA+ 0.25 91282CDH1 UNITED STATES TREASURY 0.75 3,000,000.00 12/09/2021 2,981,835.94 98.31 2,949,199.23 0.71% Aaa/AA+ 0.38 11/15/2024 0.96% 2,997,676.49 5.35% 2,873.64 (48,477.26) AA+ 0.37 91282CDZ1 UNITED STATES TREASURY 1.5 3,000,000.00 03/24/2022 2,927,109.39 97.66 2,929,833.99 0.71% Aaa/AA+ 0.63 02/15/2025 2.37% 2,984,223.11 5.34% 16,936.81 (54,389.12) AA+ 0.61 91282CED9 UNITED STATES TREASURY 1.75 4,000,000.00 06/13/2022 3,827,968.75 97.58 3,903,333.32 0.95% Aaa/AA+ 0.71 03/15/2025 3.38% 3,956,007.93 5.26% 20,543.48 (52,674.61) AA+ 0.69 912828ZF0 UNITED STATES TREASURY 0.5 2,000,000.00 05/21/2021 1,996,640.63 96.57 1,931,425.78 0.47% Aaa/AA+ 0.75 03/31/2025 0.54% 1,999,347.72 5.21% 2,513.66 (67,921.94) AA+ 0.73 Item 1B - Page 4238
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CAB7 UNITED STATES TREASURY 0.25
07/31/2025
2,800,000.00 10/25/2021
0.93%
2,729,015.63
2,779,593.29
94.96 5.08%
2,659,015.63
2,923.08
0.64%
(120,577.65)
Aaa/AA+
AA+
1.08 1.06
91282CAJ0 UNITED STATES TREASURY 0.25
08/31/2025
2,750,000.00 08/23/2021
0.64%
2,707,353.52
2,737,624.38
94.61 5.06%
2,601,865.23
2,297.89
0.63%
(135,759.16)
Aaa/AA+
AA+
1.17 1.14
91282CAM3 UNITED STATES TREASURY 0.25
09/30/2025
3,300,000.00 12/28/2021
1.12%
3,194,812.50
3,265,014.23
94.29 5.02%
3,111,539.05
2,073.77
0.75%
(153,475.18)
Aaa/AA+
AA+
1.25 1.22
91282CAT8 UNITED STATES TREASURY 0.25
10/31/2025
2,750,000.00 08/23/2021
0.67%
2,702,089.84
2,734,740.19
93.98 4.97%
2,584,462.90
1,158.29
0.63%
(150,277.29)
Aaa/AA+
AA+
1.34 1.30
912828M56 UNITED STATES TREASURY 2.25
11/15/2025
3,000,000.00 05/25/2022
2.70%
2,955,585.94
2,982,430.37
96.43 4.97%
2,892,773.43
8,620.92
0.70%
(89,656.94)
Aaa/AA+
AA+
1.38 1.33
91282CBH3 UNITED STATES TREASURY 0.375
01/31/2026
2,800,000.00 10/25/2021
1.07%
2,718,953.13
2,769,880.53
93.20 4.89%
2,609,578.13
4,384.62
0.63%
(160,302.40)
Aaa/AA+
AA+
1.59 1.54
912828P46 UNITED STATES TREASURY 1.625
02/15/2026
6,000,000.00 01/25/2023
3.83%
5,621,250.00
5,798,407.26
94.99 4.87%
5,699,296.86
36,696.43
1.38%
(99,110.40)
Aaa/AA+
AA+
1.63 1.56
9128286L9 UNITED STATES TREASURY 2.25
03/31/2026
5,000,000.00 08/24/2022
3.27%
4,826,562.50
4,915,789.10
95.75 4.81%
4,787,500.00
28,278.69
1.16%
(128,289.10)
Aaa/AA+
AA+
1.75 1.68
9128286S4 UNITED STATES TREASURY 2.375
04/30/2026
7,000,000.00 --
3.39%
6,803,789.07
6,878,054.81
95.81 4.79%
6,706,875.00
28,009.51
1.62%
(171,179.81)
Aaa/AA+
AA+
1.83 1.76
912828Y95 UNITED STATES TREASURY 1.875
07/31/2026
5,000,000.00 06/27/2022
3.21%
4,743,164.06
4,869,347.18
94.43 4.71%
4,721,484.40
39,148.35
1.14%
(147,862.78)
Aaa/AA+
AA+
2.08 1.99
9128282A7 UNITED STATES TREASURY 1.5
08/15/2026
3,100,000.00 12/28/2021
1.23%
3,137,296.88
3,117,103.60
93.58 4.71%
2,900,921.88
17,501.37
0.70%
(216,181.72)
Aaa/AA+
AA+
2.13 2.04
91282CDG3 UNITED STATES TREASURY 1.125
10/31/2026
5,000,000.00 08/11/2022
3.00%
4,629,687.50
4,795,258.76
92.29 4.65%
4,614,257.80
9,476.90
1.12%
(181,000.96)
Aaa/AA+
AA+
2.34 2.25
912828U24 UNITED STATES TREASURY 2.0
11/15/2026
3,000,000.00 05/25/2022
2.76%
2,903,789.06
2,948,950.50
94.10 4.65%
2,823,046.86
7,663.04
0.68%
(125,903.64)
Aaa/AA+
AA+
2.38 2.27
912828V98 UNITED STATES TREASURY 2.25
02/15/2027
7,000,000.00 --
3.60%
6,696,316.41
6,768,588.34
94.28 4.59%
6,599,414.08
59,278.85
1.60%
(169,174.26)
Aaa/AA+
AA+
2.63 2.48
91282CEF4 UNITED STATES TREASURY 2.5
03/31/2027
5,000,000.00 06/27/2022
3.23%
4,839,648.44
4,907,407.82
94.79 4.54%
4,739,257.80
31,420.77
1.15%
(168,150.02)
Aaa/AA+
AA+
2.75 2.60
91282CEN7 UNITED STATES TREASURY 2.75
04/30/2027
5,000,000.00 08/24/2022
3.18%
4,905,859.38
4,943,096.98
95.27 4.54%
4,763,671.90
23,165.76
1.15%
(179,425.08)
Aaa/AA+
AA+
2.83 2.67
Item 1B - Page 4339
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
912828X88 UNITED STATES TREASURY 2.375 7,000,000.00 -- 6,635,781.25 94.18 6,592,578.16 1.60% Aaa/AA+ 2.87 05/15/2027 3.79% 6,737,231.91 4.56% 21,233.02 (144,653.75) AA+ 2.72 91282CFB2 UNITED STATES TREASURY 2.75 5,000,000.00 11/23/2022 4,726,953.13 94.95 4,747,656.25 1.15% Aaa/AA+ 3.08 07/31/2027 4.04% 4,819,942.71 4.52% 57,417.58 (72,286.46) AA+ 2.88 9128282R0 UNITED STATES TREASURY 2.25 7,000,000.00 05/30/2023 6,545,546.88 93.43 6,540,351.58 1.58% Aaa/AA+ 3.13 08/15/2027 3.94% 6,662,930.02 4.53% 59,278.85 (122,578.44) AA+ 2.94 91282CFM8 UNITED STATES TREASURY 4.125 7,000,000.00 05/30/2023 7,050,039.06 98.87 6,920,703.16 1.68% Aaa/AA+ 3.25 09/30/2027 3.94% 7,037,489.78 4.50% 72,581.97 (116,786.62) AA+ 2.98 9128283F5 UNITED STATES TREASURY 2.25 6,000,000.00 01/25/2023 5,651,718.75 93.02 5,581,406.28 1.35% Aaa/AA+ 3.38 11/15/2027 3.58% 5,755,369.16 4.50% 17,241.85 (173,962.88) AA+ 3.18 91282CGH8 UNITED STATES TREASURY 3.5 6,900,000.00 06/22/2023 6,723,726.56 96.85 6,682,488.26 1.62% Aaa/AA+ 3.59 01/31/2028 4.11% 6,762,898.44 4.46% 100,846.15 (80,410.17) AA+ 3.27 91282CGT2 UNITED STATES TREASURY 3.625 5,200,000.00 11/15/2023 5,008,859.38 97.19 5,053,750.00 1.22% Aaa/AA+ 3.75 03/31/2028 4.56% 5,036,148.08 4.45% 47,382.51 17,601.92 AA+ 3.43 91282CHE4 UNITED STATES TREASURY 3.625 7,000,000.00 05/30/2023 6,940,664.06 97.15 6,800,664.08 1.65% Aaa/AA+ 3.92 05/31/2028 3.81% 6,953,557.53 4.42% 21,492.49 (152,893.45) AA+ 3.59 9128284V9 UNITED STATES TREASURY 2.875 5,250,000.00 08/22/2023 4,878,398.44 94.22 4,946,484.38 1.20% Aaa/AA+ 4.13 08/15/2028 4.48% 4,942,340.87 4.42% 56,808.89 4,143.50 AA+ 3.79 91282CJF9 UNITED STATES TREASURY 4.875 7,000,000.00 02/12/2024 7,217,656.25 101.87 7,130,703.16 1.73% Aaa/AA+ 4.34 10/31/2028 4.14% 7,200,087.02 4.40% 57,493.21 (69,383.86) AA+ 3.85 9128285M8 UNITED STATES TREASURY 3.125 7,000,000.00 02/12/2024 6,696,757.81 94.96 6,646,992.17 1.61% Aaa/AA+ 4.38 11/15/2028 4.14% 6,721,024.17 4.40% 27,938.18 (74,032.00) AA+ 4.01 912810FG8 UNITED STATES TREASURY 5.25 7,000,000.00 -- 7,201,062.51 103.91 7,273,984.34 1.76% Aaa/AA+ 4.63 02/15/2029 4.57% 7,193,848.07 4.31% 138,317.31 80,136.27 AA+ 4.02 91282CKG5 UNITED STATES TREASURY 4.125 4,000,000.00 06/20/2024 3,971,562.50 98.98 3,959,218.76 0.96% Aaa/AA+ 4.75 03/31/2029 4.29% 3,971,725.56 4.36% 41,475.41 (12,506.80) AA+ 4.23 91282CKT7 UNITED STATES TREASURY 4.5 5,000,000.00 06/20/2024 5,050,585.94 100.68 5,033,984.40 1.22% Aaa/AA+ 4.92 05/31/2029 4.27% 5,050,305.69 4.34% 19,057.38 (16,321.29) AA+ 4.36 169,084,603.59 96.38 167,420,440.87 40.54% Aaa/AA+ 2.75 Total US Treasury 173,850,000.00 3.45% 170,981,612.05 4.66% 1,158,312.04 (3,561,171.19) AA+ 2.54 Item 1B - Page 4440
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs | Account #10805 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Portfolio 425,522,648.99 3.64%
416,411,503.34
419,952,792.60
96.78 4.82%
412,991,965.62
3,001,296.66
100.00%
(6,960,826.98)
Aa2/AA
AA
2.59 2.35
Total Market Value +
Accrued 415,993,262.28
Item 1B - Page 4541
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
HOLDINGS REPORT
City of Palm Springs Reporting | Account #10806 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
CASH
CCYUSD Receivable 476,868.52 --
0.00%
476,868.52
476,868.52
1.00 0.00%
476,868.52
0.00 0.67%
0.00 Aaa/AAA
AAA
0.00 0.00
Total Cash 476,868.52 0.00%
476,868.52
476,868.52
1.00 0.00%
476,868.52
0.00 0.67%
0.00 Aaa/AAA
AAA
0.00 0.00
LAIF
90LAIF$00 Local Agency Investment Fund State
Pool
43,940,042.98 --
4.36%
43,940,042.98
43,940,042.98
1.00 4.36%
43,940,042.98
0.00 62.01%
0.00 NA/NA
NA
0.00 0.00
Total LAIF 43,940,042.98 4.36%
43,940,042.98
43,940,042.98
1.00 4.36%
43,940,042.98
0.00 62.01%
0.00 NA/NA
NA
0.00 0.00
LOCAL GOV
INVESTMENT POOL
09CATR$04 CalTrust STF 2,636,755.66 --
4.94%
26,576,897.65
26,576,897.65
10.03 4.94%
26,446,659.28
0.00 37.32%
(130,238.37)
NA/AAAm
NA
0.00 0.00
Total Local Gov
Investment Pool 2,636,755.66 4.94%
26,576,897.65
26,576,897.65
10.03 4.94%
26,446,659.28
0.00 37.32%
(130,238.37)
NA/
AAAm
NA
0.00 0.00
Total Portfolio 47,053,667.16 4.55%
70,993,809.15
70,993,809.15
4.37 4.55%
70,863,570.78
0.00 100.00%
(130,238.37)
Aaa/AAA
AAA
0.00 0.00
Total Market Value +
Accrued 70,863,570.78
Item 1B - Page 4642
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
SECTION 4 | TRANSACTIONS
Item 1B - Page 4743
, ,,a CHANDLER " '-- ASSET MANAGEMENT
TRANSACTION LEDGER
City of Palm Springs | Account #10805|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 04/25/2024 912810FG8 5,200,000.00 UNITED STATES TREASURY 5.25
02/15/2029
102.652 4.63% (5,337,921.88) (52,500.00) (5,390,421.88) 0.00 Purchase 04/26/2024 3133ERAK7 5,200,000.00 FEDERAL FARM CREDIT
BANKS FUNDING CORP
4.375 04/10/2029
98.515 4.71% (5,122,780.00) (10,111.11) (5,132,891.11) 0.00 Purchase 04/26/2024 532457BV9 5,200,000.00 ELI LILLY AND CO 3.375 03/15/2029
93.201 4.96% (4,846,452.00) (19,987.50) (4,866,439.50) 0.00 Purchase 05/08/2024 912810FG8 1,800,000.00 UNITED STATES TREASURY 5.25
02/15/2029
103.508 4.42% (1,863,140.63) (21,548.08) (1,884,688.71) 0.00 Purchase 05/08/2024 3133ERDH1 8,000,000.00 FEDERAL FARM CREDIT
BANKS FUNDING CORP
4.75 04/30/2029
100.965 4.53% (8,077,200.00) (8,444.44) (8,085,644.44) 0.00 Purchase 06/07/2024 24422EXH7 2,500,000.00 JOHN DEERE CAPITAL CORP 4.5 01/16/2029
98.662 4.83% (2,466,550.00) (46,562.50) (2,513,112.50) 0.00 Purchase 06/07/2024 14913UAJ9 3,000,000.00 CATERPILLAR
FINANCIAL SERVICES
CORP 4.85 02/27/2029
100.500 4.73% (3,015,000.00) (40,416.67) (3,055,416.67) 0.00 Purchase 06/07/2024 06051GLG2 4,000,000.00 BANK OF AMERICA CORP 5.202
04/25/2029
100.067 5.18% (4,002,680.00) (24,276.00) (4,026,956.00) 0.00 Purchase 06/07/2024 3130B1BC0 8,000,000.00 FEDERAL HOME LOAN BANKS 4.625
06/08/2029
101.224 4.35% (8,097,920.00) (34,944.44) (8,132,864.44) 0.00 Purchase 06/21/2024 91282CKG5 4,000,000.00 UNITED STATES TREASURY 4.125
03/31/2029
99.289 4.29% (3,971,562.50) (36,967.21) (4,008,529.71) 0.00 Purchase 06/21/2024 91282CKT7 5,000,000.00 UNITED STATES TREASURY 4.5
05/31/2029
101.012 4.27% (5,050,585.94) (12,909.84) (5,063,495.78) 0.00 Total Purchase 51,900,000.00 (51,851,792.95) (308,667.79) (52,160,460.74) 0.00 Item 1B - Page 4844
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
TRANSACTION LEDGER
City of Palm Springs | Account #10805|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss TOTAL
ACQUISITIONS 51,900,000.00 (51,851,792.95) (308,667.79) (52,160,460.74) 0.00
DISPOSITIONS
Call
Redemption
05/14/2024 06051GJY6 (3,050,000.00) BANK OF AMERICA
CORP 5.74866
06/14/2024
100.000 7.50% 3,050,000.00 0.00 3,050,000.00 1,592.74
Total Call
Redemption (3,050,000.00) 3,050,000.00 0.00 3,050,000.00 1,592.74 Maturity 04/15/2024 91282CBV2 (4,000,000.00) UNITED STATES TREASURY 0.375
04/15/2024
100.000 0.38% 4,000,000.00 0.00 4,000,000.00 0.00
Maturity 04/26/2024 06406RAS6 (1,250,000.00) BANK OF NEW YORK MELLON CORP 0.5
04/26/2024
100.000 0.50% 1,250,000.00 0.00 1,250,000.00 0.00
Maturity 05/12/2024 023135BW5 (1,250,000.00) AMAZON.COM INC
0.45 05/12/2024
100.000 0.45% 1,250,000.00 0.00 1,250,000.00 0.00
Maturity 05/15/2024 149123CC3 (1,250,000.00) CATERPILLAR INC 3.4 05/15/2024
100.000 3.40% 1,250,000.00 0.00 1,250,000.00 0.00
Maturity 06/07/2024 24422EVQ9 (1,250,000.00) JOHN DEERE CAPITAL CORP 0.45 06/07/2024
100.000 0.45% 1,250,000.00 0.00 1,250,000.00 0.00
Maturity 06/15/2024 91282CCG4 (1,250,000.00) UNITED STATES TREASURY 0.25
06/15/2024
100.000 0.25% 1,250,000.00 0.00 1,250,000.00 0.00
Total Maturity (10,250,000.00) 10,250,000.00 0.00 10,250,000.00 0.00 TOTAL
DISPOSITIONS (13,300,000.00) 13,300,000.00 0.00 13,300,000.00 1,592.74 Item 1B - Page 4945
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
TRANSACTION LEDGER
City of Palm Springs Reporting | Account #10806|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 04/15/2024 90LAIF$00 464,474.93 Local Agency
Investment Fund State
Pool
1.000 4.27% (464,474.93) 0.00 (464,474.93) 0.00
Purchase 04/30/2024 09CATR$04 12,155.23 CalTrust STF 10.010 0.00% (121,673.89) 0.00 (121,673.89) 0.00 Purchase 05/31/2024 09CATR$04 10,941.66 CalTrust STF 10.020 0.00% (109,635.43) 0.00 (109,635.43) 0.00 Purchase 06/28/2024 09CATR$04 9,901.61 CalTrust STF 10.030 0.00% (99,313.15) 0.00 (99,313.15) 0.00 Total Purchase 497,473.43 (795,097.40) 0.00 (795,097.40) 0.00 TOTAL
ACQUISITIONS 497,473.43 (795,097.40) 0.00 (795,097.40) 0.00 Item 1B - Page 5046
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
IMPORTANT DISCLOSURES
City of Palm Springs | Account #10805 | As of June 30, 2024 2024 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.
Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.
Source ICE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “asis” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.
This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.
Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.
Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively.
Item 1B - Page 5147
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
BENCHMARK DISCLOSURES
City of Palm Springs | Account #10805 | As of June 30, 2024 Benchmark Disclosure
ICE BofA 1-5 Yr Unsubordinated US Treasury
& Agency Index
The ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.
Item 1B - Page 5248
,-,,.. CHANDLER " -'•• ASSET MANAGEMENT
CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 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 June 1 through June 30, 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 June 2024 B. Purchase orders for June 2024
Item 1C - Page 1
==========__J ====f====--- __
ATTACHMENT A
Item 1C - Page 2
STAFF AUTHORIZED AGREEMENTS
JUNE 1, 2024 - JUNE 30, 2024
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
A/CITY MANAGER ADMIN 24S130 ON-CALL COMMUNICATION & GVNT RELATIONS TREVOR J DALEY $50,000.00 24I118 PSPD BYPASS PANEL UPGRADE PROJECT SOCAL ELECTRICAL AND LIGHTING, INC. $7,893.68 24I136 CITY COUNCIL CHAMBERS SCREEN REPAIR SERVICES TRITON TECHNOLOGY SOLUTIONS INC $1,900.00 24I139 AZURE-FORTINET CONNECTIVITY SERVICES NETXPERTS, LLC $3,570.00 24I145 DRONESENSE SUBSCRIPTION SERVICES ADVEXURE LLC $8,700.00 24I146 PD PLOTTER PREVENTATIVE MAINTENANCE COMPUTERS AND PERIPHERALS GROUP
DBA SOURCE GRAPHICS
$2,050.00
24S120 UPGRADING LIBRARY ENVISIONWARE TO
CLOUDNINE LPTONE-5 YEAR SUBSCRIPTION
ENVISIONWARE, INC. $13,210.45
24S122 SUBSCRIPTION FOR GOVACCESS-VISIONLIVE WEBSITE GRANICUS, LLC $10,238.77 24S124 CAPTURE 911 ANNUAL SOFTWARE SUPPORT &
MAINTENANCE
HIGHERGROUND INC $7,958.77
24S148 RATTLE TECH CIVITA APP SUBSCRIPTION FOR
COMMUNITY ENGAGEMENT PLATFORM
RATTLE TECH, LLC $6,120.00
CITY CLERK 24I149 MAIL AND COURIER SERVICES VALLEY MAIL DELIVERY $75,000.00 24F114 FAÇADE IMPROVEMENT GRANT AGREEMENT THE COLE MOTOR LODGE $1,160.00 24F115 FAÇADE IMPROVEMENT GRANT AGREEMENT AL DENTE TRATTORIA $7,500.00 24F137 FAÇADE IMPROVEMENT GRANT AGREEMENT-LULU
CALIFORNIA BISTRO
P&K INVESTMENT, CO., LLC $7,500.00
24F141 FAÇADE IMPROVEMENT GRANT AGREEMENT DRAGON LILI BOBA BAR $7,500.00
HOUSING &
COMMUNITY
DEVELOPMENT
24I134 GEORGE FLOYD MURAL RESTORATION ANGEL GUNAY AKA MISTERALEK $3,500.00
PROCUREMENT &
CONTRACTING
24S123 SECTION 14 HISTORICAL CONTEXT STUDY ARCHITECTURAL RESOURCES GROUP $74,990.00 POLICE DEPARTMENT 24I116 BICYCLE MAINTENANCE AND REPAIR SERVICES TREK RETAIL CORPORATION DBA TREK
BICYCLE PALM SPRINGS
$10,000.00
FIRE DEPARTMENT 24S125 Q-FIT CALIBRATION & PREVENTATIVE MAINTENANCE
SERVICES
OHD LLLP $4,800.00
24I117 AERIAL PHOTOGRAGHY AND VIDEOGRAPHY-PSP ALEXANDER ARSLANE MERABET DBA
PALM SPRINGS PROPAGANDE
AVIATION DEPARTMENT $8,250.00
INFO TECHNOLOGY
COMMUNITY &
ECONOMIC DEV.
PAGE 1 OF 2
Item 1C - Page 3
STAFF AUTHORIZED AGREEMENTS
JUNE 1, 2024 - JUNE 30, 2024
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
24I135 MEETING MINUTE PREPARATION SERVICES CITY CLERK MANAGEMENT SERVICES, INC. $7,000.00 24C119 FLEET MANAGEMENT INFO SYSTEMS SAAS
SUBSCRIPTION
RON TURLEY ASSOCIATES, INC. $74,909.40
24C126 UNIFORM RENTAL & CLEANING SERVICES UNIFIRST CORPORATION $66,119.80 24I131 ACCESS CENTER IRRIGATION IMPROVEMENTS UNIVERSAL GREEN LLC $6,850.00 24I138 SEMI-ANNUAL HALON SUPPRESSION SYSTEM
INSPECTIONS
IRIS GROUP HOLDINGS LLC DBA EVERON,
LLC
$6,234.00
FACILITIES
MAINTENANCE
PAGE 2 OF 2
Item 1C - Page 4
ATTACHMENT B
Item 1C - Page 5
PURCHASE ORDERS
JUNE 1, 2024 - JUNE 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001792 24I113 EXTERIOR DOOR REPAIRS PALM SPRINGS MIRROR AND GLASS $10,000.00 24001880 24S130 ON-CALL COMMUNICATION & GVNT RELATIONS TREVOR J DALEY $50,000.00 25000002 A8491 DOWNTOWN PUBLIC RESTROOMS DTPS C-15 LLC $41,024.98 24001763 NETWORK TESTER AND TELECOM KIT FOR TECHS CDW GOVERNMENT INC $831.05 24001764 FIBER CABLES FOR NEW SWITCHES FS COM INC $2,069.20 24001765 PSFD - G2 UPS CDW GOVERNMENT INC $985.70
24001768 24I102 PSFD EQUIPMENT MOVE AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$1,647.71
24001793 24I118 PSPD BYPASS PANEL UPGRADE SOCAL ELECTRICAL AND LIGHTING INC $7,893.68 24001795 24S105 FLYMYAIRPORT PSP SUBSCRIPTION RENEWAL AIRPORT ONE LLC $49,800.00 24001798 A9273 CROSSROADS ANNUAL SOFTWARE MAINTENANCE CROSSROADS SOFTWARE INC $3,900.00 24001799 24I110 CABLE RUN FROM PSP PG#23 TO IDF PRECISION TECHNOLOGIES $3,411.86 24001803 ANNUAL RENEWAL FOR EVERBRIDGE SOFTWARE YEAR
3 OF 3
EVERBRIDGE INC $16,904.94
24001804 24S120 CLOUD9 LPTONE 5-YR SUBSCRIPTION ENVISIONWARE, INC. $13,210.45 24001806 30 CISCO CATALYST APS NETXPERTS LLC $37,435.95 24001821 ANNUAL MISAC SUBSCRIPTION MUNICIPAL INFORMATION TECHNOLOGY
ASSOCIATION OF CA
$1,000.00
24001838 2 OWL VIDEO CONFERENCING DEVICE CDW GOVERNMENT INC $3,987.63 24001849 24S124 HIGHERGROUND SOFTWARE & MAINTENANCE
RENEWAL
HIGHERGROUND INC $7,958.77
24001852 PRESENTATION DISPLAY AND MOUNT FOR COMM.
DEPT.
CDW GOVERNMENT INC $1,459.72
24001858 ANNUAL CDR SOFTWARE SUBSCRIPTION CRASH DATA GROUP INC $1,500.00 24001870 PSP- ADDITIONAL CUSTOMS CAMERAS IT1 SOURCE LLC $5,855.94 24001871 CITY HALL SITUATIONAL AWARENESS CAMERAS IT1 SOURCE LLC $19,872.10 24001873 24I136 CITY COUNCIL SCREEN REPAIRS TRITON TECHNOLOGY SOLUTIONS INC $1,900.00 25000003 AI CLOSED CAPTION SUBSCRIPTION- LEXI30 EEG ENTERPRISES INC $6,300.00
SPECIAL PROGRAMS
COMPLIANCE
24001848 24I076 VACANT LOT CLEAN UP: GRANADA AVE / W. BON AIR DR.
SO CAL LAND MAINTENANCE INC $3,250.00
24001766 A9324 FURNITURE FOR HUMAN RESOURCES OFFICES ODP BUSINESS SOLUTIONS $10,696.96 24001800 24I090 NEURODIVERSE TRAINING/CERTIFICATION INTERNATIONAL BOARD OF
CREDENTIALING AND
$10,250.00
SUSTAINABILITY 24001843 SHIRTS AND HATS FOR SUSTAINABILITY DEPARTMENT DESERT PROMOTIONAL EMBROIDERY LLC $1,169.06 24001862 24S123 SECTION 14 HISTORICAL CONTEXT STUDY ARCHITECTURAL RESOURCES GROUP $74,990.00 25000000 A9324 OFFICE SUPPLIES FOR THE PROCUREMENT
DEPARTMENT
ODP BUSINESS SOLUTIONS $5,000.00
PROCUREMENT &
CONTRACTING
HUMAN RESOURCES
INFO TECHNOLOGY
A/CITY MANAGER ADMIN
PAGE 1 OF 4
Item 1C - Page 6
PURCHASE ORDERS
JUNE 1, 2024 - JUNE 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000001 VARIOUS GOOD AND SUPPLIES FOR THE
PROCUREMENT DEPT
AMAZON.COM SALES INC $5,000.00
PARKS MAINTENANCE
MECHANICS
24001825 24I131 ACCESS CENTER IRRIGATION IMPROVEMENTS UNIVERSAL GREEN LLC $6,850.00 24001722 SUMMER CAMP T-SHIRTS SCARLIGHT LLC $1,260.54
24001767 23F259 CONCERTS & ASL SERVICES PALM SPRINGS CHAMBER OF COMMERCE $17,650.00 24001769 RECREATION MOVIE LICENSING SWANK MOTION PICTURES $2,905.00 24001770 ROAD CLOSURE EQUIPMENT FOR SPECIAL EVENT TOPS N BARRICADES INC $355.00 24001797 SUMMER CAMP ACTIVITY SUPPLIES S&S WORLDWIDE $4,769.23 24001802 ZIGZAG TRIPLE WATER TROUGH NVB PLAYGROUNDS INC $5,269.01 24001819 23I075 DJ SERVICES FOR JULY 4TH POOL PARTY LUIS AZARCOYA $950.00 24001823 A9192 WATER BARRICADES FOR VILLAGEFEST PACIFIC PRODUCTS AND SERVICES LLC $11,329.15 24001834 23I075 DJ SERVICES FOR PARK REOPENING LUIS AZARCOYA $575.00 24001839 TENTING FOR SPECIAL EVENTS IMAGE360 PALM DESERT $1,515.94 24001840 VILLAGEFEST TENTS IMAGE360 PALM DESERT $3,031.87 24001844 LIFEGUARD UNIFORMS ORIGINAL WATERMEN $2,091.08 24001850 24I112 BUS RENTAL FOR SUMMER CAMP TRIPS 2024 LIN LINES INC $22,750.00 LIBRARY 24001801 PSPL - LIBRARY BOOK TRUCKS & LAMINATOR CART STAND
DEMCO $7,268.07
24001772 A9163 CAMPAIGN COVERS GALLS LLC $1,664.24
24001783 24I116 MAINTENANCE AND REPAIRS ON THE PSPD BICYCLES TREK RETAIL CORPORATION $10,000.00 24001785 24G008 15 WRAP RESTRAINT SYSTEMS SAFE RESTRAINTS INC $25,131.11 24001794 TRUNARC DEVICE FISHER SCIENTIFIC CO LLC $38,236.06 24001826 SUPPRESS (3) RIFLES MILE HIGH SHOOTING ACCESSORIES LLC $3,528.21 24001874 3 BARRIER ONE SCREEN KITS THE BREEZ SCREEN LLC $1,565.71 24001815 WILD LAND EQUIPMENT MANUEL VILLEGAS $9,457.07
24001824 24S125 SCBA CALIBRATION SERVICES OHD LLLP $4,800.00 24001861 EMS SIMULATION MANNEQUIN BOUND TREE MEDICAL LLC $13,625.19 24000074 23S080 PSP AAAE/TSC CLEARING HOUSE AMERICAN ASSOCIATION OF AIRPORT
EXECUTIVES
$19,525.00
24001773 A9082 PSP HVAC CONTROL MODULES UNITED RENTALS $38,819.55 24001782 23Q388 PSP ASSESSMENT FOR SECURITY SYSTEMS R S AND H CALIFORNIA INC $67,128.00 24001788 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $1,003.33 24001789 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $1,631.85 24001807 23Q388 PSP ENG. SERVICES FOR SIGNAGE & MARKING
ASSESSMENT
R S AND H CALIFORNIA INC $61,995.00
24001808 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $14,613.07
FIRE DEPARTMENT
AVIATION DEPARTMENT
POLICE DEPARTMENT
RECREATION
DEPARTMENT
PAGE 2 OF 4
Item 1C - Page 7
PURCHASE ORDERS
JUNE 1, 2024 - JUNE 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001811 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $6,200.98 24001814 PSP ADVERTISING/PROMOTIONS ROADRUNNER PRINTING AND SHIPPING LLC
$9,999.65
24001818 23C004 PSP ELEVATOR/ ESCALATOR SAFETY CALL OUTS TK ELEVATOR CORPORATION $9,255.84 24001831 PSP RUNWAY SAFETY EQUIP - EMERGENCY PURCHASE OTW HOLDING COMPANY $57,044.00 24001841 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS HINGEWERKS COMMERCIAL DOORS INC. $2,441.65 24001847 23P202 PSP CONSULTING SERVICES ACCENTURE LLP $4,940.00 24001853 PSP SPONSORSHIP GREATER PALM SPRINGS PRIDE $5,000.00 24001856 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $1,440.30 24001857 23B128 PSP AUTOMATIC DOOR REPAIRS SOUTH COAST INDUSTRIAL DOOR INC $897.50 24001867 23P202 PSP CONSULTING BREACH GATE SYSTEM ACCENTURE LLP $5,200.00 24001869 PSP MAINTENANCE UNIFORM SHIRTS RLP UNIFORM INC $9,557.30 24001876 PSP PAINT STRIPER NPG INC $29,167.57
24001879 23P202 PSP CONSULTING SRVS RUNWAY REHAB ACCENTURE LLP $3,770.00 24001774 A8470 TROUBLESHOOT THE CEMTEK CONTROL SYSTEM AT
THE MUNI
ENGIE SERVICES U.S. INC. $4,000.00
24001775 A9136 ABATEMENT AND DRYWALL REPAIR FIRE STATION 1 PUB CONSTRUCTION INC $2,986.00 24001776 A9068 TROUBLESHOOT LIGHTS/CIRCUITS INV. 9063, 8963 M BREY ELECTRIC INC $588.00 24001779 A9248 SAND PURCHASE HI GRADE MATERIALS CO $5,000.00 24001790 A9232 SANITATION/CLEANING OF POWER BASEBALL
STADIUM
VERDE FACILITIES SERVICES LLC $929.56
24001791 A9068 INSTALL/FURNISH CONDUIT AND FIBER OPTIC CABLE M BREY ELECTRIC INC $24,768.00 24001796 A9068 TROUBLESHOOT/REPAIR LIGHTS AT CITY YARD M BREY ELECTRIC INC $2,852.10 24001816 24I062 INSTALLATION OF BLINDS FOR FS #3 MARK HUCKINS $5,962.00 24001817 A9082 SWEEPER RENTAL FOR STREETS UNITED RENTALS $2,333.58 24001820 A9241 PAINT AND REPAIRS ON UNIT #029 J & L AUTO BODY INC $3,357.58 24001827 A9241 PAINT AND REPAIRS ON UNIT #209 J & L AUTO BODY INC $2,161.87 24001859 CONDENSATE PUMPS FOR AC UNITS AT FS#4 REFRIGERATION SUPPLIES DISTRIBUTOR $1,938.75 24001860 LIGHTS AND MISC PARTS DESERT ELECTRIC SUPPLY $1,785.28 24001868 23C360 PS UNIT 903 - WINDSHIELD AND FRONT DOOR GLASS FIESTA FORD INC $2,180.98 24001762 A9153 5W20 OIL FOR STOCK SC COMMERCIAL LLC $1,685.38 24001778 23C360 VEHICLE REPAIR UNIT 502 FIESTA FORD INC $5,585.19 24001780 A9135 EMERGENCY AFTER HOUR REPAIRS ON INOPERABLE
DOORS A
OLLIN DOCK & DOOR INC $16,040.95
FLEET OPERATIONS
FACILITIES
MAINTENANCE
PAGE 3 OF 4
Item 1C - Page 8
PURCHASE ORDERS
JUNE 1, 2024 - JUNE 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24001781 23C360 FLEET DEPARTMENT PARTS/SERVICE PURCHASE FIESTA FORD INC $25,000.00 24001786 A9192 CONES AND DELINEATORS FOR ROAD CLOSURES PACIFIC PRODUCTS AND SERVICES LLC $2,251.10 24001787 23I231 2024 SCAQMD VAPOR RECOVERY TESTING WESTERN PUMP INC $1,045.00 24001813 A9241 REPAIRS AND PAINT FOR UNIT 003 J & L AUTO BODY INC $3,298.10 24001828 A9230 SUSPENSION AND AC REPAIRS ON UNIT #033 GERGIS YOUSEF $3,543.07 24001829 A9230 TRUCK DETAIL ON MULTIPLE UNITS X3 GERGIS YOUSEF $900.00 24001830 A9230 AIR CONDITIONING PERFORMANCE TEST ON UNIT #400
GERGIS YOUSEF $162.70
24001832 24C119 FLEET MANAGEMENT INFORMATION SYSTEM RON TURLEY ASSOCIATES INC $37,335.00 24001833 A9296 TOW STAGING TRAILER TO DESERT HIGHTLAND PARK AND R
PLAZA TOWING INC $1,050.00
24001835 A9296 TOWING FOR SOUND STAGE FROM YARD TO SUNRISE JULY 4
PLAZA TOWING INC $1,050.00
24001836 A9230 BRAKES AND AXEL REPAIR ON UNIT#010 GERGIS YOUSEF $1,839.90 24001837 A9230 FULL DETAIL ON UNIT #805 GERGIS YOUSEF $300.00 24001842 23C394 4 PARTS CARTS FOR FLEET SHOP DESERT AREA CORPORATION $1,310.52 24001845 23C394 TEARDOWN BENCH DESERT AREA CORPORATION $1,922.47 24001846 A9241 PAINT UP-FITTING & MATERIALS ON 15 NEW PD UNITS
J & L AUTO BODY INC $51,043.50
24001851 A9065 REKEY UNIT 805 VALLEY LOCK AND SAFE $1,500.00 24001854 72X36 LOW PROFILE 25 LED ARROW BOARD (UNIT
901)
MYERS & SONS HI-WAY SAFETY INC $5,103.61
24001855 23C360 VEHICLE REPAIR UNIT 025 FIESTA FORD INC $3,076.91 24001863 23C394 2 POST VEHICLE LIFT DESERT AREA CORPORATION $7,823.00 24001864 A9040 STOCK ROOM REPLENISHMENT PARTS FOR 24-25 FY DANIELS TIRE SERVICE INC $15,000.00 24001865 A9068 SUPPLY AND INSTALL 225 AMP CONDUIT AND SUB PANEL,
M BREY ELECTRIC INC $21,417.00
24001872 23C360 UNIT 905 CATALYTIC CONVERTER AND CORE CHARGE FIESTA FORD INC $3,627.18 24001878 23C360 GLASS TINT 926 FIESTA FORD INC $244.69
24001777 A9136 CARPET REMOVAL PD PUB CONSTRUCTION INC $53,554.00 24001805 LED FLASHER RING, SMART RADAR, AND 20W
CONTROLLER
TRAFFICALM SYSTEMS LLC $3,818.29
24001812 A9192 QUOTE# 22848 ATTACHED. 15" FULL MATRIX SPEED FEEDB
PACIFIC PRODUCTS AND SERVICES LLC $11,195.58
24001822 24B021 RE-STRIPE OF E. PALM SUPERIOR PAVEMENT MARKINGS INC $24,684.95 *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.
STREETS MAINTENANCE
PAGE 4 OF 4
Item 1C - Page 9
CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P147 WITH 4LEAF, INC. FOR FIRE PREVENTION INSPECTION SERVICES
FROM: Scott C. Stiles, City Manager
BY: Fire Department
SUMMARY:
Award a contract services agreement with 4LEAF, Inc. for fire prevention inspection services.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 24P147 (Attachment A) with 4LEAF, Inc. to provide fire prevention inspection services for an eighteen-month term in an amount not to exceed $273,000 beginning August 1, 2024 through January 31, 2026, with one one-year extension option at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on June 4, 2024, 4LEAF, Inc. is registered in the state of California.
BACKGROUND:
The City of Palm Springs Fire Department is in need of a Fire Prevention Inspection Service agreement until they can backfill their two vacant Fire Prevention Specialist positions. The contract Inspector(s) will perform fire prevention field inspections of the City’s State Mandated, very high fire area, and new business license inspections in accordance with legal requirements.
STAFF ANALYSIS:
The Fire Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was Item 1D - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
Award Fire Prevention Inspection Services Contract
advertised in the local newspaper and published on the PlanetBids website. Two proposals were received by the deadline of June 4, 2024 as follows:
• 4LEAF, Inc., Pleasanton, CA (local office: San Bernardino, CA) • Bureau Veritas North America, Inc, Houston, TX (local office: Irvine, CA) The evaluation team made up of City staff from the Fire department evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, price, and interviews.
4LEAF, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This Item aligns with City Council Strategic Priority 2, Community Infrastructure.
FISCAL IMPACT:
An appropriation of $273,000 will be processed from the Fire Department Account to facilitate these services.
REVIEWED BY:
Department Director: Paul Alvarado
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:
A. Agreement No. 24P147
B. Public Integrity Disclosure
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ATTACHMENT A
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CONTRACT SERVICES AGREEMENT 24P147
FIRE PREVENTION INSPECTION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on August 1, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and 4LEAF, Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm to provide fire prevention inspection services for the Palm Springs Fire Department, (“Project”).
B. Contractor has submitted to City a proposal to provide fire prevention inspection services, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
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