Item 1J - Page 17
ITEM
1 ATTACHMENT "H"
COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 07-24)
LEGAL AID
THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) DESCRIPTION Unit of Measure Rate
Legal Aid Services Hourly $212.00
Firm Name: Riverside Legal Aid
Signature of Authorized Person: Ada»z,, C ~
Printed Name: Adam C. Reed
Title: Executive Director
Date: 06/17 /24
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1J - Page 18
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 Item 1J - Page 19
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 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.
Item 1J - Page 20
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1J - Page 21
Item 1J - Page 22
EXHIBIT"C"
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target 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: ~ C w,d
Printed Name: Adam C. Reed
Title: Executive Director
Firm Name: Riverside Legal Aid
Date: 06/1 7/24
EXHIBIT “D”
FEDERAL PROVISIONS
FEDERAL PROVISIONS CDBG FUNDED PROJECTS
UPDATED 05.07.2024
Provision
Reference Provision Description Page No.
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 2 CFR PART 200
A Breach of Contract 2
B Termination of Contract 3
C Equal Employment Opportunity 7
D Davis Bacon Requirements 13
E Contract Work Hours and Safety Standards 19
F Rights to Inventions 20
G Clean Air/Water Pollution Control 21
H Debarment and Suspension * 22
I Byrd Anti-Lobbying 23
J Procurement of Recovered Materials 24
K Prohibition on Certain Telecommunications and video Surveillance Services or Equipment
25 L Domestic Preferences for Procurements 28
Requirements Under the Section 3 Final Rule, 24 CFR Part 75 M Employment and Training 29
N Drug-Free Workplace 31
O Child Support Compliance Act 32
P Reports 33
Q Energy Efficiency 34
R Architectural Barriers Act and the Americans with Disabilities Act 35 S Section 504 Rehabilitation Act 36
T Procurement of Recovered Materials 37
U Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
38 24 CFR Subpart 1 (Part 570.480-497) State Community Development Block Grant V Other Applicable Laws and Related Program Requirements 39 W Program Income 40
X Reversion of Assets (Change of User) 41
Y Recordkeeping Requirements 42
Z Nondiscrimination 43
AA Housing and Community Development Act 44
AB Conflict of Interest 45
Socioeconomic Affirmative Requirements
AC Contracting with Small and Minority Businesses, Women’s Business Enterprises and Labor Surplus Area Firms
46 *Solicitation Clause also
Source: National Archives Code of Federal Regulations as of 5.5.22 Item 1J - Page 23
A - Breach of Contract
Any violation or breach of terms of this contract on the part of the [Contractor | Consultant] or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
City will provide [Contractor | Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor | Consultant] must undertake in order to avoid termination of the contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the contract. The City’s notice will identify a specific date by which the [Contractor | Consultant] must correct the breach. City may proceed with termination of the contract if the [Contractor | Consultant] fails to correct the breach by the deadline indicated in the City’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
Reference: 2 CFR § 200 Appendix II (A), 41 U.S.C. 1908
Item 1J - Page 24
B - Termination of Contract
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;
2) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;
3) reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4) reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Item 1J - Page 25
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
Termination for Default
TERMINATION FOR DEFAULT (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor.
TERMINATION FOR DEFAULT (EQUIPMENT)
The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor:
1. Fails to commence the Work under the Contract within the time specified in the Notice- toProceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default.
Item 1J - Page 26
Owner will not terminate the Contractor’s right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor’s right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement.
The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action.
The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
Item 1J - Page 27
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent.
If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
Reference: 2 CFR § 200 Appendix II (B)
Item 1J - Page 28
C - Equal Employment Opportunity
(Construction Contracts Only)
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, 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 considerations for employment without regard to race, color, religion, sex, or national origin. (3) 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 advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) 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. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said 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 or federally assisted construction 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.
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(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these 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; 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 Item 1J - Page 30
participating in the Plan. Contractors shall 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 area 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.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall 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.
Item 1J - Page 31
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 therefore 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 female 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 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 Item 1J - Page 32
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 workforce.
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 non-segregated 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.
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 groups 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, if the particular group is employed in a Item 1J - Page 33
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, 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 number, 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 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
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D - Davis Bacon Requirements
(Construction Contracts Only)
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 Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be 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 Item 1J - Page 35
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, Employment Standards Administration, 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 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 sponsor 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 work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, 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.
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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 DavisBacon 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 that 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, Sponsor, 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 Division Web site at www.dol.gov/whd/forms/wh347instr.htm 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, sponsor, 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, Sponsor, 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:
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(1) 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) 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) 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 sponsor, 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, Sponsor, 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.
(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, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training 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 Item 1J - Page 38
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 Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, 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 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.
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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 Part 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 Part 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). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
Reference: 2 CFR § 200, Appendix II (D), 29 CFR Part 5
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E - Contract Work Hours and Safety Standards
(Construction Contracts Only)
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 $10 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.
The Federal Aviation Administration (FAA) or the Owner 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 § 200, Appendix II (E)
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F - Rights to Inventions
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner 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 subtier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II (F), 37 CFR §401
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G - Clean Air/Water Pollution Control
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner 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)
Item 1J - Page 43
H - Debarment and Suspension
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.
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 200 Appendix II (H), 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5
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I - BYRD ANTI-LOBBYING AMENDMENT
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.
Reference: 2 CFR Part 200 Appendix II (I), 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2, 49 CFR part 20, Appendix A
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J - Procurement of Recovered Materials
(Construction Contracts Only)
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/comprehensiveprocurement-guidelines-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 PART 200 APPENDIX II (J), 2 CFR § 200.323, 40 CFR part 247, Solid Waste Disposal Act
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K - Prohibition on Certain Telecommunications and
Video Surveillance Services or Equipment
(Construction Contracts Only)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; Item 1J - Page 47
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or thirdparty audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
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(c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.
In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
Reference: 2 CFR PART 200 APPENDIX II (K), TITLE 2 SUBTITLE A CHAPTER II PART 200 SUBPART C, § 200.216
Item 1J - Page 49
L - Domestic Preferences for Procurements
(Construction Contracts Only)
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide 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). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
Reference: 2 CFR PART 200 APPENDIX II (L), TITLE 2 SUBTITLE A CHAPTER II PART 200 SUBPART C, § 200.322
Item 1J - Page 50
M – Employment and Training
(Construction Contracts Only)
Section 3 Statement: This is a HUD Section 3 construction contract. Contractors and subcontractors must address the Section 3 employment work hours benchmarks for Section 3 Workers and Targeted Section 3 Workers as established by the U.S. Department of Housing and Urban Development at 24 CFR Part 75
a. This is a Section 3 covered project. Section 3 projects mean housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds $200,000. The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.
b. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3).
The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
c. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.
d. The Section 3 requirements apply to all contractors and subcontractors performing work in connection with a Section 3 covered project. Contractor means any entity entering into a contract with (a) a recipient to perform work in connection with work in connection with a Section 3 project; or (b) a subrecipient for work in connection with a Section 3 project. Subcontractor means any entity that has a contract with a Contractor to undertake a portion of the contractor's obligation to perform work in connection with a Section 3 project. e. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR Part 75. f. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.
Item 1J - Page 51
g. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
h. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and SelfDetermination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the Section 3 requirements of 24 CFR Part 75.
Reference: 24 CFR Part 75 § 75.19 and 75.21
Item 1J - Page 52
N – Drug-Free Workplace
Contactor, by signing this agreement, hereby certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988, as amended. This requirement is applicable to all Contracts and Subcontracts of $100,000 or more.
Reference: 24 CFR Part 75
Item 1J - Page 53
O – Child Support Compliance Act
(Applies to all Contracts and Subcontracts of $100,000 or more) Contractor acknowledges and agrees to the following:
The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
The Contractor, to the best of their knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
Reference: 24 CFR Part 75, Chapter 8 Part 5 of Division 9 of the Family Code Item 1J - Page 54
P – Reports
Quarterly Reports. No later than ten (10) days after the end of each Quarter, Contractor shall submit the following quarterly reports on forms approved by the City:
(c) Performance Reports. A report on the summary of the Program Services and activities undertaken by Participant under this Agreement for the previous Quarter (“Performance Report”). The Performance Report shall, at a minimum, describe the status of the operation of the Program with respect to each Program Service required to be performed and met during that Quarter, progress toward achieving the Program-Specific Performance Measurements identified in the Program Performance Measurement Plan, costs incurred, funds remaining, a narrative explanation of problems, delays, or adverse conditions which impaired the ability of Participant to meet any obligations if any were not met, favorable developments which enabled Participant to satisfy obligations and meet objectives sooner or at less cost than anticipated or producing more beneficial results that planned, and any additional pertinent information related to contract performance.
(d) Client Characteristics. A report on the number of clients served through the Program in the previous Quarter and on the characteristics of those clients with respect to gender, race, ethnicity, age, and family income, and any other basis for determining eligibility for participation in the Program.
(e) Program Income. A report on the program income generated for the Quarter, if any. The report shall include a description of the expenditures of program income and a progress report for the activities funded by the program income if Participant is permitted to retain program income.
(f) Other Reports. In addition to the reports referenced in this section, Participant shall, at such times and in such forms as required by HCD, prepare and submit to the grantee, such other reports concerning the performance of the Program Services, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement and compliance with CDBG Requirements, as grantee may reasonably require from time to time.
Reference: 24 CFR Part 75
Item 1J - Page 55
Q – Energy Efficiency
(Construction Contracts Only)
The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the California energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
The Contractor is encouraged to implement green infrastructure policies to the extent practicable and is encouraged, where appropriate, to utilize construction methods that emphasize high quality, durability, energy efficiency, a healthy indoor environment, sustainability, and water or mold resistance, including how it will support adoption and enforcement of modern building codes and reduction of hazard risk, including possible sea level rise, storm surge, and flooding. All rehabilitation, reconstruction, and new construction should be designed to incorporate principles of sustainability, including water and energy efficiency, Resilience, and mitigating the impact of future disasters. Whenever feasible, Contractor should follow best practices such as those provided by the U.S. Department of Energy Home Energy Professionals: Professional Certifications and Standard Work Specifications.
Reference: 24 CFR Part 75
Item 1J - Page 56
R – Architectural Barriers Act and Americans with Disabilities Act (Construction Contracts Only)
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, people with physical disabilities. A building or facility designed, constructed, or altered with funds allocated or reallocated under this subpart after November 21, 1996 and that meets the definition of residential structure as defined in 24 CFR 40.2, or the definition of building as defined in 41 CFR 101-19.602(a), is subject to the requirements of the Architectural Barriers Act of 1968 and shall comply with the Uniform Federal Accessibility Standards. For general type buildings, these standards are in appendix A to 41 CFR part 101-19.6. For residential structures, these standards are available from the Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Disability Rights Division, Room 5240, 451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-2333 (voice) or (202) 708-1734 (TTY) (these are not toll-free numbers).
Reference: 24 CFR Part 75
Item 1J - Page 57
S – Rehabilitation Act of 1974
The Contractor will comply with Section 504: Rehabilitation Act of 1974, Executive Order 11063 and all other Federal Rules and Regulations. The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of their disability, be denied the benefits, or be subjected to discrimination including discrimination in employment, any program or activity that receives CDBG assistance.
Reference: 24 CFR Part 75, Section 504, Executive Order 11063 Item 1J - Page 58
T – Procurement of Recovered Materials
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Reference: 24 CFR Part 75, 45 CFR 75.331, 40 CFR Part 247 Item 1J - Page 59
U – Uniform Relocation Assistance and Real Property Acquisition Policies Act This Contract is subject to the requirements of Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and HUD implementing regulations at 24 CFR Part 42 and 24 CFR §570.606. The acquisition of real property for an assisted activity is subject to 49 CFR part 24, subpart B.
Reference: 24 CFR Part 75, 42 USC 4601 et seq., 24 CFR Part 42 and 24 CFR § 570.606 Item 1J - Page 60
V – Other Applicable Laws and Related Program Requirements (Construction Contracts Only)
Contractor shall carry out all work within the procedures established by the Grantee with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title.
Reference: 24 CFR Part 570.480-497, 42 U.S.C. 4821-4846, 42 U.S.C. 4851-4856 Item 1J - Page 61
W – Program Income
(Agency Requirement Only)
Program Income is income to Subrecipient that is generated from the use of CDBG funds under this Contract. Program Income may include, without limitation, proceeds from the sale, rent or lease of real or personal property acquired with such CDBG funds, principal and interest payments on loans of such CDBG funds, and interest earned on other Program Income.
Subrecipient shall report receipt of all Program Income and return all Program Income to the Agency.
Reference: 24 CFR Part 570.480-497
Item 1J - Page 62
X – Reversion of Assets (Change of Use)
(Agency Requirement Only)
Any real property under Subrecipient’s control which was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must be either used to meet one of the national objectives in 24 CFR §570.483 for five years after completion of the Agency contract with the State, or disposed of in a manner that results in the Agency being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reference: 24 CFR Part 570.480-497, 2 CFR 200.88
Item 1J - Page 63
Y – Recordkeeping Requirements
Contractor will keep adequate records and supporting documentation, which concern or reflect its services rendered under this agreement. Records subject to the provisions of California or local public records laws must be kept in accordance those laws, rules, or regulations. All records and documentation will be retained by Contractor until the City has advised that records are no longer required to be stored. The City or any duly authorized agents or representatives of the City has the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the post-agreement period noted above; provided, however such activity will be conducted only during normal business hours. Upon completion of or termination of this agreement, the selected firm may transfer, at no cost, to the City all public records in possession of the Contractor related to the completion of the services rendered under this agreement and shall destroy duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.
Reference: 24 CFR Part 570.480-497
Item 1J - Page 64
Z – Nondiscrimination
The Contractor shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1.
No person in the United States shall, on the basis of race, color, national origin, sex or religion or religious affiliation, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S C 6101 et seq.) or with respect to an otherwise qualified individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P L. 101 336, 42 U S C 12101 12213) or Section 504 of the Rehabilitation Act of 1973 (29 U S.C Section 794) shall also apply to any such program or Project.
Reference: 24 CFR Part 570.480-497, 42 U.S.C. 2000d et seq., 42 U.S C 6101 et seq., P L. 101 336, 42 U S C 12101 12213, 29 U S.C Section 794
Item 1J - Page 65
AA – Section 109 of the Housing and Community Development Act The Contractor shall affirm that no person on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Housing and Community Development Act. Furthermore, the Contractor shall not discriminate in any way on the basis of age or on the basis of disability.
Reference: 24 CFR Part 570.480-497, 24 CFR Part 6
Item 1J - Page 66
AB – Conflict of Interest
(Agency Requirement Only)
No member, officer, or employee of the recipient, subrecipient, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. This provision shall be incorporated in all such contracts or subcontracts.
Reference: 24 CFR Part 570.480-497
Item 1J - Page 67
AC – Contracting with Small and Minority Businesses, Women’s Business Enterprise, and Labor Surplus Area Firms
(Construction Contracts Only)
If subcontracts are to be let, Contractor must take the following affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
Reference: 24 CFR Part 570.480-497
Item 1J - Page 68
ATTACHMENT B
Item 1J - Page 69
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? F Yes F No
5. Type of Entity
F Corporation F Limited Liability Company F Partnership F Trust F 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
________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
FOther ___________________________
_______________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
F Other __________________________
________________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
F Other __________________________
Public Service Law Corp of the Riverside County Bar Association, dba Riverside Legal Aid 4129 Main St. Ste 101 Riverside, CA. 92501
California
X
Michael White
Andrew Beechko
Rita Smith X
X
X
Item 1J - Page 70
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 Adam C. Reed, Executive Director
06/17/24
Item 1J - Page 71
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVE RESPONSE TO CIVIL GRAND JURY RESPONSE
FROM: Scott C. Stiles, City Manager
BY: City Attorney’s Office
SUMMARY:
On June 11, 2024, the City of Palm Springs, along with several other Riverside County cities, received a Riverside County Civil Grand Jury report. The report entitled, “Riverside County Civil Grand Jury 2023-2024 Report: Narcan Saving Lives in Riverside County” accompanies this staff report as Attachment A. The report was made available to the public after the close of business on June 14, 2024.
This agenda item provides the City Council with an opportunity to review the report and provide the City’s response, as provided for under California law.
RECOMMENDATION:
It is recommended the City Council review the accompanying civil grand jury report, approve the response, and authorize the City Manager to deliver the City’s written response to the Grand Jury Report.
BACKGROUND:
Every year, a group of citizens agree to voluntarily serve as civil grand jurors. The civil grand jury is separate and apart from a criminal grand jury, which investigates potential crimes. This agenda item involves the civil grand jury; not a criminal grand jury. In California, civil grand juries are authorized to “investigate and report upon the operations, accounts, and records of the officers, departments, functions, and the method or system of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” (Cal. Penal Code §925(a).) Each civil grand jury determines which officers, departments and agencies it will review.
Once a civil grand jury issues a report to a local public agency, a response is due from that agency within 90 days after a issuance of the report. Most civil grand jury reports contain two sections: findings and recommendations. The City Council must address the findings (Cal. Penal Code § 933.05(a)) and recommendations (Cal. Penal Code § Item 1K - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Civil Grand Jury Response
933.05(b)) to the Presiding Judge of the Superior Court, the Riverside County Grand Jury office, and the Riverside County Clerk-Recorder. Each grand jury finding requires a response from the entity or person involved.
As to each grand jury finding, the City must indicate one of the following:
• The City agrees with the finding; or
• The City disagrees wholly or partially with the finding, in which case the response must specify the portion of the finding that is disputed and must include an explanation of the reasons therefor.
As to each grand jury recommendation, the City must respond with one of the following actions:
• The recommendation has been implemented, with a summary regarding the implemented action; or
• The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or • The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the City Council. This timeframe must not exceed six (6) months from the date of publication of the grand jury report; or
• The recommendation will not be implemented because it is not warranted or is not reasonable, along with the City’s explanation.
For this civil grand jury report, the City’s Police and Fire Departments reviewed the report and recommend that the City Council respond that the City of Palm Springs agrees with the findings, as set forth below. As to the civil grand jury’s recommendation, because the civil grand jury’s recommendation appears to involve multiple public agencies’ cooperation, a response akin to the last response seems most applicable.
STAFF ANALYSIS:
The Riverside County Civil Grand Jury 2023-2024 report, entitled “Narcan Saving Lives in Riverside County”, provides an overview of how Riverside County and its first responders are addressing the opioid epidemic through the use of Narcan. The civil grand jury sent its report and requested responses from the following public agencies: Riverside County Board of Supervisors, Riverside County Sheriff’s Office, Cities of Blythe, Indio, Palm Springs, Banning, Beaumont, Corona, Murrieta, Hemet, Menifee, and Riverside.
The grand jury also invited a response from the Riverside County Emergency Management Office (EMS).
Opioid use is a massive public health issue. As a result of the increased availability of Narcan, medical response personnel have been able to reduce the number of fatalities resulting from opioid overdoses.
Item 1K - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Civil Grand Jury Response
California’s Governor announced that first responders, universities, and other qualifying organizations will be provided Narcan at no cost through CalRx’s Naloxone Access Initiative. Narcan is safe, effective, and non-addictive antidote that induces a rapid onset of action to counter the effects of an opioid overdose. It can be easily administered by anyone via nasal spray or injection.
Opioids can be illegal and legal substances, such as heroin, oxycodone, hydrocodone, codeine, morphine, fentanyl, and others. In the County of Riverside, opioid-related deaths increased 10% between the years of 2011 to 2015. The Riverside County Emergency Medical Services (EMS) identifies opioid overdose and provides its current data for the years collected from 2020 to 2023, as seen on Table 1 below. In the year of 2020, there was a total of 3,426 opioid overdose patients, with 182 fatalities. In 2021, there was a total of 3,013 opioid overdose patients, with 142 fatalities. In 2022, there was a total of 3,130 opioid overdose patients with 151 fatalities. In 2023, there were 2,955 opioid overdose patients with 165 fatalities.
(Table 1. From Civil Grand Jury report: Narcan Saving Lives in Riverside County) In 2023, the City of Palm Springs was suspected to have a total of 164 opioid overdose patients with 6 fatalities, as reported by the County of Riverside EMS.
Item 1K - Page 3
Total EMS Documented ~lll!!:!L!=!.J!Ji.ll!!~..z..1111..¥~~;.J.llt. atalities by Vear
City Council Staff Report
September 12, 2024 -- Page 4
Civil Grand Jury Response
(Graph from Civil Grand Jury report: Narcan Saving Lives in Riverside County) Below are the civil grand jury’s findings and recommendations, each of which is followed by City staff’s recommended responses.
Findings:
F1: The statistical data provided by the EMS on Narcan usage for 2021, 2022, and 2023 indicates a declining percentage of on-scene fatalities.
F1 Response: The City of Palm Springs agrees with this finding.
F2: The availability of Narcan has assisted law enforcement and the public to assist suspected opioid overdoses and to have a better chance of survival.
F2 Response: The City of Palm Springs agrees with this finding.
F3: There is a lack of guidance regarding what data would be tracked by law enforcement and other first responders when administering Narcan.
F3 Response: The City of Palm Springs agrees with this finding.
Recommendation:
R1: A comprehensive method should be created to collect pertinent Narcan data on a monthly basis from all emergency responders and/or medical providers. This data should include the number of incidents, dosages by incidents, number of lives saved, and number of fatalities.
Item 1K - Page 4
y City (2023J
City Council Staff Report
September 12, 2024 -- Page 5
Civil Grand Jury Response
R1 Response: The City of Palm Springs agrees with this recommendation. The recommendation cannot be implemented by the City of Palm Springs alone.
However, the City of Palm Springs remains willing to participate with other affected public safety providers to help create a comprehensive method to collect pertinent Narcan data on a monthly basis.
ENVIRONMENTAL ASSESSMENT:
There is no potential for any environmental impact associated with this report.
ALIGNMENT WITH STRATEGIC PLANNING:
The response to the civil grand jury aligns with the City Council’s major themes/principles of optimizing basic services and facilities and focusing on issues that most impact quality of life.
FISCAL IMPACT:
There is no direct fiscal impact associated with responding to the Grand Jury Report.
REVIEWED BY:
City Attorney: Jeff Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Riverside County Civil Grand Jury 2023-2024 report: “Narcan Saving Lives in Riverside County,” dated June 11, 2024.
Item 1K - Page 5
ATTACHMENT A
Item 1K - Page 6
Item 1K - Page 7
RECEIVED
JUN 1 1 2024
RIVERSIDE cofmt¥t;Ti&.<NDC1€1KY
(951) 955-8990 OFFICE • (951) 955-8989 FAX
Grand Jury Report Delivery Receipt
Title of Report: Riverside County Civil Grand Jury 2023-2024 Report:
Narcan Saving Lives in Riverside County
Department Delivered To: The City of Palm Springs
Department Address: 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Name of Recipient: Prrmnrv Mdrj uet:-
(Please Print Name)
Date of Delivery:_6_ - _/ _/_--_~_V ________________ _
************************************************************************************************* Grand Jurors Delivering Report:
(Please Print Name) (Please Print Name)
(Please Print Name) (Please Print Name)
P.O. BOX 829 • RIVERSIDE, CALIFORNIA 92502
Item 1K - Page 8
June 11, 2024
The City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RIVERSIDE COUNTY GRAND JURY
(951) 955-8990 OFFICE • (95 1) 955-8989 FAX
Subject: 2023-2024 Grand Jury Report: Riverside County Civil Grand Jury 2023-2024 Report:
YOU NARCAN SAVE LIVES: NARCAN SAVING LIVES IN RIVERSIDE COUNTY Dear; City of Palm Springs
Please note that Penal Code Section 933 et seq. specifies that you file a response with the following agencies within ninety days.
Judith C. Clark, Presiding Judge
Superior Court of California, County of Riverside
4050 Main Street
Riverside, CA 92501
Riverside County Grand Jury
Post Office Box 829
Riverside, CA 92502
Riverside County Clerk-Recorder
2720 Gateway Drive
Riverside, CA 92507
Further, it specifies that this report be kept confidential for a minimum of two working days prior to public release. The contents of this report will be made public after the close of business June 14, 2024
Sincerely,
~~ Don Smith, Foreperson
2023-2024 Riverside County Civil Grand Jury
P.O. Box 829 - Riverside, California 92502
Item 1K - Page 9
• I ..
RIVERSIDE COUNTY
CIVIL GRAND JURY
2023-2024
REPORT
NARCAN
7 SAVING LIVES IN RIVERSIDE COUNTY
1 Item 1K - Page 10
NARCAN - SAVING LIVES IN RIVERSIDE COUNTY
SUMMARY
~ . '
This is an informational report on how Riverside County and first responders are fighting the opioid epidemic with the use of Narcan.
Opioid use is a huge public health issue. As a result of the increased availability of Narcan (generic version, naloxone hydrochloride), medical response personnel have been able to reduce the number of fatalities resulting from opioid overdoses.' California's Governor announced that first responders, universities, and other qualifying organizations will be provided Narcan at no cost through CalRx's Naloxone Access Initiative.2
Narcan is a safe, effective, and non-addictive antidote that induces a rapid onset of action to counter the effects of an opioid overdose. It can be easily administered by anyone via nasal spray or injection.3
BACKGROUND
Opioids include illegal and legal substances such as heroin, oxycodone, hydrocodone, codeine, morphine, fentanyl, and others. In Riverside County, opioid-related deaths increased 10% for the years 2011-2015. The current data in Table 1, provided by the Riverside County Emergency Medical Services (EMS), identifies the Opioid Overdose Metrics from 2020-2023, by age group, gender, and cities in Riverside County.4
DISCUSSION
All 50 states and the District of Columbia have enacted laws related to the use ofNarcan for the treatment of opioid overdoses. Once Narcan has been administered, they are then transported to a medical facility for observation and further treatment (unless the person refuses). Opioid overdose can result in death from cessation of breathing and can be prevented through the administration of Narcan, a quick-acting opioid antagonist. 5 According to the Federal Drug Administration, the shelf life ofNarcan is 3 to 4 years. 6 In dealing with an overdose, seconds matter. If administered in a timely manner, Narcan can reverse an overdose by blocking the effects of opioids. It can restore normal breathing in a 2 --------
\
Item 1K - Page 11
-----
person whose breathing has diminished, or even stopped, and can reduce the risk of death.
More than one dose of Narcan may be required when stronger opioids are involved.
The public can administer Narcan before first responders arrive on the scene and potentially save a life. Based on data received from EMS7
, a review of cities within Riverside County,
indicated that all respective police departments are diligent and proactive in administering Narcan when responding to an opioid overdose (see Table 1). These statistics show the number of positive and negative responses. The collecting and tracking of doses administered is inconsistent.
Riverside County Sheriff!s Office (RSO) does not record lives saved or lost and only focuses on the doses administered per incident. 8 RSO appears to be diligent and proactive in administering N arcan.
Some agencies had no data, while others had detailed data. The inconsistencies of how data is collected is caused by two factors: a lack of current mandates required for documentation and a lack of understanding of what information is pertinent to track. (See Table 2)
FINDINGS
Fl: The statistical data provided by the EMS on Narcan usage for 2021, 2022, and 2023 indicates a declining percentage of on-scene fatalities.
F2: The availability ofNarcan has assisted law enforcement and the public to assist suspected opioid overdoses and to have a better chance of survival.
F3: There is a lack of guidance regarding what data should be tracked by law enforcement and other first responders when administering Narcan.
RECOMMENDATION
Rl: A comprehensive method should be created to collect pertinent Narcan data on a monthly basis from all emergency responders and/or medical providers. This data should include the number of incidents, dosages by incidents, number of lives saved, and number of fatalities.
3 Item 1K - Page 12
REQUIRED RESPONSES
Riverside County Board of Supervisors
• Findings: Fl, F2, F3
• Recommendation: Rl
Riverside County Sheriff's Office
• Findings: Fl, F2, F3
• Recommendation: RI
City of Blythe
• Findings: Fl, F2, F3
• Recommendation: RI
City of Indio
• Findings: Fl, F2, F3
• Recommendation: Rl
City of Palm Springs
• Findings: Fl, F2, F3
• Recommendation: RI
City of Banning
• Findings: Fl, F2, F3
• Recommendation: Rl
City of Beaumont
• Findings: Fl, F2, F3
• Recommendation: Rl
City of Corona
• Findings: Fl, F2, F3
• Recommendation: RI
4 Item 1K - Page 13
City of Murrieta
• Findings: Fl, F2, F3
• Recommendation: RI
City of Hemet
• Findings: Fl, F2, F3
• Recommendation: RI
City of Menifee
• Findings: Fl, F2, F3
• Recommendation: RI
City of Riverside
• Findings: Fl, F2, F3
• Recommendation: RI
INVITED RESPONSES
Riverside County Emergency Management Office (EMS)
• Findings: Fl, F2, F3
• Recommendations: Rl
SOURCES/REFERENCES
l. Life-Saving Naloxone from Pharmacies. (2019). Centers for Disease Control and Prevention. https://www.cdc.gov/vitalsigns/naloxone/index.html
2. LA Times Article, Monday 4-29-24 - Staff writer Summer Lin
3. FDA shelf life. www.fda.gov 01-17-24
4. Overdose and Opioid deaths in Riverside County, CA-Riverside University Health System-Public Heal th http://www.ruhealth.org/sites/default/files/2020-08/opioid2018-ck. pdf
5. Life-Saving Naloxone from Pharmacies. (2019). Centers for Disease Control and Prevention. https://www.cdc.gov/vitalsigns/naloxone/index.html
6. FDA shelf life. www.fda.gov 01-17-24
7. EMS https://www.rivcoems.org
8. Overdose and Opioid deaths in Riverside County, CA-Riverside University Health System-Public Health http://www.ruhealth.org/sites/default/files/2020-08/opioid2018-ck.pdf 5 Item 1K - Page 14
TABLE 1 (EMS GRAPHS)
Grand Jurv Request for Riverside County EMS Agency Opioid Overdose Metrics 2020-2023 NOTE: Metrics provided for the years available. Some metrics may have only been developed since 2022.
Also note, data is based on documentation only. Most EMS care is thoroughly documented; however, documentation errors/omissions do occur. Therefore, some metrics may reflect documentation errors/omissions and not actual patient care. Finally, fatality and "dead on-scene" refers only to patients pronounced dead in the field by EMS personnel in accordance with Riverside County EMS Policy 4108 (REMSA Policy 41 OBJ. This does not account tor patients pronounced dead at the hospital or other personnel.
Total EMS Documented Opioid Overdoses & On-Scene
Fatalities by Vear
6 Item 1K - Page 15
Fentanyl Use in Suspected Opioid Overdoses (2021 - 2023) 45%
40%
35%
30%
25%
20%
17~6%
15%
12%
10%
5%
0% I
% of EMS Suspected Opioid Overdoses with Fentanyl Documented 2021-2023
37%
35%
32% 33%
30% 29lo% 3oo/cioo/o
28% 0 270}8% 28% 28% 28%
39% 39%
37%
32l3%
31%
28°/liSo/o 29%
31%
24% 23%
Suspected Opioid Overdose by City (2023)
7 34%
Item 1K - Page 16
Suspected Opioid Overdose & Fatality by Age Group (2023) Suspected Opioid Overdose & Fatality by Gender (2023)
•':" --·- Suspected Opioid Overdose & Fatality by Gen~r ~ ,..,- • , I '. f l i < I• I j ' I' '•
8 Item 1K - Page 17
Incident Patient Disposition in Suspected Opioid OD (2023) I incident Patient Disposition in Suspected Opioid OD I In order to get en In depth look ,i\ opioid overdose date, II Is Important to understand the wlllingnus of patients thet are seen and treated b)I EMS providers to comply with provider recommendations. This provides context and highlights potential obslacles in overdose treatment,.
• Tt«aled; Transport_ • Tl'Httd; luleaNd (- Dead It scene • Refused Trealme.nL • Aeh.tseciTreaUMnt Trantpor1td
The following data represenla patients that go against medical advice (AMA), thereby refuse treetmenl, or tra11$pon to a designated healthcare facility for further treetmenl. Patients encountered that were determined to be daceased wher. EMS units armed are denoted as Dead at Scene.
Treated; Transported Treated; Released (AMA)
2,530 197
Refused Treatment; No Transpon Dead at Scene
62 166
Naloxone/Narcan Administration & Efficacy (2023)
600
400
200
Administered by Prior to Arrival ,;:, :
22 15
I
8 4 3 2
9 Narcan Administered by EMS
2,104
Narcan Administered Prior to Arrival
1,060
No Narcan Administered
101
Item 1K - Page 18
Patient Response to Naloxone/Narcan Administration
(2023)
Patient Response to Narcan Administration
• Improved • Unchanged
- Improved - Unchanged
11 ' . 26 14 77 31 37 ,,.
•. ,l 74 79
20-1 1 !)/ 22~ 2'15 25!:") 2,17 :~/ 1 731 ; I. ,
•I . '
• I ..
,·.
,·. \ \ \ \ \ \ ' \
39 2U:J
.. . . . . •
Leave Behind Naloxone Program (2023)
Leave Behind Naloxone Program
Several Ambulance/Fire Agencies within
Riverside County provide naloxone kits
to patients/family/at-risk persons
Participating Provider Agencies
AMR
Cathedral City Fire Department
Corona Fire Department
Soboba Fire Department
Total Count Date Range Count
326 149
10 20 7'.i 16
19 1 70 7 164
\ \ \
\
Item 1K - Page 19
REMSA Policy 3309 - Intranasal Naloxone Use by Public Safety Personnel
{fig_ Intranasal Naloxone
< 3309 Use by Public Safety --EM0
S~ Personnel
Operational Policy AGENCY
I Last Reviewed: October 4, 2022 I Last Revised: December 1, 2023
PURPOSE
To establish the processes and procedures to allow for approved public safety personnel {PSP) to provide intranasal naloxone to patients with suspected acute narcotic overdose.
Training Standards
1. Agencies that employ PSPs in Riverside County seeking to utilize naloxone to manage patients with suspected narcotic overdose shall be authorized and approved by REMSA in accordance with state laws, regulations and REMSA policies. Authorized agencies shall administer naloxone in accordance with this policy.
2. PSPs must be trained to the Public Safety Personnel First Aid and CPR standard as outlined in Title 22, Division 9, Chapter 1.5, Section 100017 (found here:
https:/ /govt.westlaw.com/ calregs/ Document/ I64Al0E20BSSD11E4BD3CC9706BA5168A?viewType=FullText&origi nationC ontext=documenttoc&transitionType=CategoryPageltem&contextData=lsc.Defaultl&bhcp=l ) and maintain ongoing competencies and proficiencies as outlined by Section 100022 (found here:
https://govt.westlaw.com/calregs/ Document/I654EB340B55D11E4BD3CC9706BA5168A7viewType- FullText&origi nationC ontext=documenttoc&transitionType=CategoryPageltem&contextData=(sc.Default).
3. Ongoing competency for the administration of intranasal naloxone must be maintained every two (2) years, training for ongoing competency must be approved by REMSA.
4. Each authorized agency that employs PSPs that is requesting authorization will submit:
a. A formal request for approval of intranasal naloxone use. b. A designated point of contact for the program and provide contact information for the individual in the formal request letter above.
Performance Standards
PSPs working for agencies authorized to administer intranasal naloxone by REMSA may provide 4 mg intranasal naloxone following procedure outlined in this policy and in REMSA approved training.
1. Intranasal Naloxone Administration:
a. Identify the victim of possible narcotic overdose.
b. Ensure paramedic response has been requested.
c. Maintain standard blood and body fluid precautions and use appropriate personal protective equipment. d. Check victim for responsiveness.
e. Ensure an open airway using Basic Life Support Techniques. Perform CPR if patient is in cardiac arrest. f. As clinically indicated, provide rescue breathing using a bag-valve-mask or face shield. g. Administer intranasal naloxone, using procedure from training. i. Repeat dose if respiratory depression persists (breathing< 8 breaths/ minute). h. Continue CPR, rescue breathing, or other first aid as clinically indicated. i. Prepare for possible reversal behavior or withdrawal symptoms such as agitation/aggression, combativeness, vomiting, etc.
j. Notify the responding agency's paramedic of the administration of naloxone. k. Replace the used naloxone device with another intranasal naloxone administration device. 11 I
Item 1K - Page 20
2. Responding EMS providers shall document the intranasal naloxone use as "prior to arrival" and assign the administration to the administering public safety agency.
3. Participating public safety agencies will report all cases of naloxone administration to REMSA via the Naloxone use for Public Safety Personnel form, found here: https://forms.office.com/g/CaDY22ycFA I. REMSA Policy 3309 Reporting Form Link
https://forms.office.com/g/CaDY22ycFA
II. Riverside County Sheriff's Division {RSO) - Naloxone Administration under Policy 3309 (2022 -2023 only)
2023
12 Item 1K - Page 21
January 1, 2021 thru December 31 , 2023
BLYTHE}
Total Total
2021 by 2022 by 2023 Total by
Male Fem Month Male Fem Month Male Fem Month
Jan
February
March
April
May
June
July
August
Sept
Oct
Nov
Dec
TOTAL YEAR 0 0 0 0 0 0 0 0 0
INDIO {Data is times Narcan was used, not how many dosages) Total Total Total
2021 by 2022 by 2023 by
Male Fem Month Male Fem Month Male Fem Month
Jan 1 3
February 4 2
March 2
April 1 5
May 4 I
June I
July 7 1
August 2 1
Sept 3 2
13 Item 1K - Page 22
Oct
Nov
Dec
TOTAL YEAR
PALM SPRINGS
Jan
February
March
April
May
June
July
August
Sept
Oct
Nov
Dec
TOTAL YEAR
BANNING
Jan
February
March
April
May
June
July
August
Sept
Oct
Nov
3 1
3 2
0 0 1 0 0 2 0 0 0
0 0 0 0 0 30 0 0 21
(Data is times Narcan was used, not how many dosages)
Total Total
2021 by 2022 by
Male Fem Month Male Fem Month
2 2
1 I
2 2
6 6
(Data is total of Narcan dosages used per month)
2021
Total
by
Male Fem Month
2022
Total
by
Male Fem Month
14 2023
Male Fem
l
2 4
2023
Total
by
Month
1 2
4 Total
by
Male Fem Month
6 2
4 2
Item 1K - Page 23
Dec 4
TOTAL YEAR 0 0 0 0 0 0 0 0 21
BEAUMONT (Data is times Narcan was used, not how many dosages) Total Total Total
2021 by 2022 by 2023 by
Male Fem Month Male Fem Month Male Fem Month
Jan
February
March
April
May
June
July
August
Sept
Oct 2
Nov l 1
Dec
TOTAL YEAR 1 2 3
CORONA (Data is total of Narcan dosages used per month) Total Total Total
2021 by 2022 by 2023 by
Male Fem Month Male Fem Month Male Fem Month
Jan 1 13 4
February 4 15 4
March 9 8 6
April 6 9 l
May 7 5 8
June 6 10 6
July 6 8 9
August 9 5 6
Sept 8 8 6
Oct 3 11 5
15 Item 1K - Page 24
Nov
Dec
TOTAL YEAR
MURRIETTA
Jan
February
March
April
May
June
July
August
Sept
Oct
Nov
Dec
TOTAL YEAR
HEMET
Jan
February
March
April
May
June
July
August
Sept
Oct
Nov
2021
6 7
72 Total
by
Male Fem Month
2022
5 4
101
Total
by
Male Fem Month
(Data is total of Narcan dosages used per month)
Total Total
2021 by 2022 by
Male Fem Month Male Fem Month
5 1 6
2 2
2 2 5
4 1 5
2 2
2 2 7
2 2
2 I 3 3 2 5
6 6 3 3
1 3 4 2 2 5
2 3
16 2023
9 8
72 Total
by
Male Fem Month
Total
2023 by
Male Fem Month
3 4
1 I
1 I
2 5
3 7
4 4
2 3
1 2 3
2 Item 1K - Page 25
Dec 1
TOTAL YEAR 10 4 14
MENIFEE
Total
2021 by
Male Fem Month
Jan
February
March
April
May
June
July
August
Sept
Oct
Nov
Dec
TOTALYEAR 0 0 0
RIVERSIDE PD (Data was not collected)
Total
2021 by
Male Fem Month
Jan
February
March
April
May
June
July
August
Sept
Oct
Nov
3 28 14 48
Total
2022 by
Male Fem Month
0 0 0
Total
2022 by
Male Fem Month
17 15 6
2023
Male Fem
0 0
2023
31 Total
by
Month
0 Total
by
Male Fem Month
Item 1K - Page 26
Dec
TOTAL YEAR 0 0 0 0 0 0 0 0 0
2021 Total by 2022 Total by 2023 Total by
M!!!£ !:£!!! Month Male Fem Month Male Fem Month
JANUARY
RPDC 1 1 1 l 2
CBDC 2 2 2 2
SCF 4 4 1 2 3
JBDC 1 1
BLYTHE
SUBTOTAL 8 8 4 3 7
FEBRUARY
RPDC 2 3
CBDC 3 3 I 1
SCP 4 3 7
JBDC 3 3
BLYTHE
SUBTOTAL 4 4 10 4 14
MARCH
RPDC 2 2 1 2 3
CBDC 2 2 4 6 6
SCF 1 1 1 1 2
JBDC l
BLYTHE
SUBTOTAL 5 2 7 9 3 12
APRIL
RPDC 2 2 6 6
CBDC 11 11
SCF 3 3
JBDC 1
BLYTHE
SUBTOTAL 2 2 18 3 21
M&
RPDC 3 4 3 3
CBDC 3 3 I I 2
SCF 3 3 3 2 5
JBDC 1 5 1 6
BLYTHE
SUBTOTAL 7 4 11 12 4 16
JUNE
RPDC 1 1 3 2 5
CBDC 4 4 5 5
SCF 6 3 9 3 3
JBDC 1 1
18 Item 1K - Page 27
BLYTHE
SUBTOTAL
JULY
RPDC
CBDC
SCF
JBDC
BLYTHE
SUBTOTAL
AUGUST
RPDC
CBDC
SCF
JBDC
BLYTHE
SUBTOTAL
SEPTEMBER
RPDC
CBDC
SCF
JBDC
BLYTHE
SUBTOTAL
OCTOBER
RPDC
CBDC
SCF
JBDC
BLYTHE
SUBTOTAL
NOVEMBER
RPDC
CBDC
SCF
JBDC
BLYTHE
SUBTOTAL
DECEMBER
RPDC
CBDC
SCF
JBDC
BLYTHE
2021
Male
11 3
Total by 2022
Fem Month Male Fem
2 I 10
3 10
7 4
11 2
1 21 4
5 2
3 10 l
4 l
1 3 8
2 1
11 9
2 2
7 2
9 4
2 2
1 3
2 19
14 8 6 14
Total by 2023 Total by
Month Male Fem Month
1 1
2 1 1
11 2 1 3
1 I
1 • 1
13 6 l 7
11 6 6
11 1 1
4 4
2 3 3
l
25 14 14
1 2 2
5 l 1
2 1 1
3 1
1 1
11 5 1 6
5 2 2
1 2 2
11 2 2
2 1 1
I
20 6 1 7
4 I I
7 1 1
2 4 4
1 1
13 7 7
3 5 6
2 2 2
4 8 8
2 I
Item 1K - Page 28
SUBTOTAL
YEAR TOTAL
7 5 12 15
98 42 140 114 27
RIVCO SHERIP.FJllfJUNfl8N GENTEl~8
2021 2022 2023
16 141
Total# of Total# of Total# of Total # of Total# of Total# of Incidents Doses Incidents Doses Incidents
RPDC 8 22 34 46 34
CBDC 5 12 43 61 33
SCF 5 18 48 53 38
JBDC 12 23 18
Blythe 3 3 2
TOTAL
YEAR 18 52 140 186 125
RIVCO SHI AIPP Depl!lty'a In t.lald
2021 Incidents
by
Male Fem Month
Jan
February
March
April
May
June
July
August 11
Sept 11
Oct 8
Nov 7
Dec 5
TOTAL
YEAR 37 4 42
Report Issued: 6/11/2024
Report Public: 6/14/2024
Response Due: 9/14/2024
Doses 2022 Incidents Doses 2023
by by by
Year Male Fem Month Year Male
16 17
13 14
15 13
15 18
19 19
24 19
70 154 48 202 238 202
20 Doses
39 44
54 31
2 170
Incidents Doses
by by
Fem Month Year
28 15
17 26
33 29
21 29
21 19
19 15
70 272 418
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT WITH ALLIED UNIVERSAL, INC. FOR UNARMED
SECURITY SERVICES (AGREEMENT NO. 8358), AND TO RATIFY
EMERGENCY PURCHASE OF UNARMED SECURITY SERVICES
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development
SUMMARY:
The City Council will consider approval of Amendment No. 3 (Attachment A) to the contract services agreement (Agreement) with Allied Universal Inc. (Contractor) for unarmed security services throughout the City. The proposed amendment will extend the term of the agreement until the solicitation process for a new unarmed security services agreement is complete in November 2024 and will increase the maximum compensation amount to cover the costs of the ongoing services. The Third Amendment for unarmed security services would increase the Maximum Compensation amount by $526,170.11 for the additional extension period. Approval of this action would also ratify the emergency purchase of unarmed security services that was needed for July and August 2024 but could not be approved by City Council until the September 12th City Council meeting.
RECOMMENDATION:
1. Approve Amendment No. 3 to Agreement No. A8358, with Allied Universal Inc. for unarmed uniformed security guard and patrol services for various City facilities and locations.
2. Ratify the emergency purchase of unarmed security services from Allied Universal Inc. for a total amount of $220,000.
3. Authorize the City Manager or designee to execute the Amendment No. 3 to the contract services agreement with Allied Universal Inc. for unarmed security services throughout the City.
Item 1L - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Amendment No. 3 Unarmed Security Services
BUSINESS PRINCIPAL DISCLOSURE:
Allied Universal is a California Limited Partnership with the principal place of business in Santa Ana, California, and a local address in Palm Desert, CA. The public integrity disclosure is included as Attachment B.
BACKGROUND:
The City entered into an unarmed uniformed security services agreement with the Contractor on October 9, 2019, to provide guard and patrol services at various City facilities and locations (Attachment C).
On August 17, 2022, the Agreement was amended to exercise the first of two one-year optional extension terms, increase the billing rates in accordance with the Consumer Price Index (CPI), and to add additional security services.
On June 21, 2023, a second amendment was executed exercising the second of two oneyear optional extension terms and to increase billing rates in accordance with CPI.
At this time, the compensation limit for the Agreement has been reached and the Agreement will expire on October 8, 2024. However, the current Request for Proposals for a new unarmed security services agreement may require additional time, approximately two months after the expiration of the Agreement on October 8, 2024, before a vendor is selected and ready to commence work. It is estimated that a new agreement should be ready to implement by the end of November 2024. Therefore, this proposed Third Amendment will extend security services only through November 30, 2024, and increase the maximum compensation amount accordingly.
STAFF ANALYSIS:
The City experiences ongoing issues and problems including vandalism, vagrancy and disruptive behavior on City property. Unarmed security services are needed to support the Palm Springs Police Department (PSPD), the Facilities Maintenance Department and other City Departments to monitor and protect citizens and property. The unarmed security services agreement provides coverage at the following locations:
• Palm Springs Public Library and the Welwood Murray Memorial Library; • Palm Springs Train Station;
• Downtown (Baristo) Parking Structure;
• Downtown (Belardo) Parking Structure, Surface Parking lot and Public Restroom facilities;
• Various historic and other City-owned properties;
• Public parks;
• Vacation Rental Compliance; and
• City Council Chambers during City Council and other public meetings.
Item 1L - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Amendment No. 3 Unarmed Security Services
Over the course of the past year, several unanticipated requests for security services were made. These include support with educating street vendors, patrolling the Navigation Center, and increasing patrols at the Village Green due to reports of trespassing during the early morning hours. It should be noted that patrols for these additional services are included in the request for proposals currently being solicited.
Due to these additional requests for service, the maximum compensation limit for the Agreement had been reached sooner than anticipated; thus, an increase to the Maximum Compensation amount is being requested. Also, as more time may be needed to complete the current Request for Proposals for a new unarmed security services agreement (estimated to be completed by November 2024) an extension to the Agreement Term is also being requested. The Contractor has agreed to charge the same hourly rates ($24.89 per hour) that were charged in FY24.
FISCAL IMPACT:
If approved, the Third Amendment for unarmed security services would increase the Maximum Compensation amount by $526,170.11 for the extension period. This would increase the total contract to $4,979,690.73. Sufficient funds for the proposed Amendment No. 3 have been budgeted in the Fiscal Year 2025 budget for unarmed security services.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Amendment No. 3 to the Contract Services Agreement for Unarmed Security Services with Allied Universal Inc. (Agreement No. A8358) B. Public Integrity Disclosure
C. Contract Services Agreement for Unarmed Security Services with Allied Universal Inc. with Amendments 1 and 2 (Agreement No. A8358) Item 1L - Page 3
ATTACHMENT A
Item 1L - Page 4
1 AMENDMENT NO. 3
TO AGREEMENT NO. 8358 – UNIVERSAL PROTECTION SERVICE, LP DBA
ALLIED UNIVERSAL SECURITY SERVICES, A LIMITED PARTNERSHIP COMPANY
FOR UN-ARMED SECURITY SERVICES
THIS THIRD AMENDMENT is made and entered into, and effective on June 1, 2024, between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Universal Protection Service, LP dba Allied Universal Security Services, a limited partnership company (“Contractor”) (collectively, the “Parties”).
RECITALS
A. City and Contractor previously entered into a contact services agreement for unarmed uniformed security services at various facilities and locations, which was made and entered into on October 9, 2019 (Agreement”), for an amount not to exceed $1,896,103.56.
B. City and Contractor executed Amendment No. 1 on August 17, 2022, exercising the first of two one-year optional extension terms through October 8, 2023, for an additional amount of $1,233,766.40, and to change the Consumer Price Index adjustment date to coincide with the City’s Fiscal Year for a revised contract amount not to exceed $3,129,869.96.
C. City and Contractor executed Amendment No. 2 on June 21, 2023, exercising the second of two one-year optional extension terms through October 8, 2024, and increase the billing rates based on annual Consumer Price Index adjustments for an additional amount of $1,323,650.66 for a revised contract amount not to exceed $4,453,520.62.
D. Parties desire to extend the contract term through November 30, 2024, and amend the compensation limit to add $526,170.11 for a revised contract amount not to exceed $4,979,690.73.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
AGREEMENT
1. Compensation. The Maximum Contract Amount defined in Section 2.1 “Maximum Contract Amount” of the Agreement is hereby amended and increased to Four Million Nine Hundred Seventy-Nine Six Hundred Ninety Dollars and Seventy-Three Cents ($4,979,690.73).
2. Term. The term of the Agreement defined in Section 3.4 “Term” is hereby extended through November 30, 2024, or sooner, when it is anticipated that the solicitation process for a new un-armed security services agreement is complete, and the unarmed security services vendor is scheduled to commence services.
Item 1L - Page 5
2 3. Exhibit B Schedule of Compensation is hereby amended to incorporate the following costs.
Rates per hour represent the amounts proposed to provide the services and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days.
Note that Hours are ESTIMATED and subject to change by the City.
PATROL
ROUTE BILLING RATE HOURS /
WEEK
WEEKLY
COST
TOTAL
COST
(WEEKLY X 22
WEEKS)
Palm Springs Train
Station Patrols $24.89 8 $ 199.12
$4,380.64
Palm Springs Public
Library
$24.89 44.5 $ 1,107.61
$ 24,367.31
Welwood Murray
Memorial Library $24.89 51 $ 1,269.39
$ 27,926.58
Downtown Parking
Facilities and Public
Restrooms $24.89 336 $ 8,363.04
$ 183,986.88
Downtown (Baristo)
Parking Structure $24.89 152 $ 3,783.28
$83,232.16
Downtown City Owned
and Historic Properties
Patrols $24.89 84 $ 2,090.76
$ 45,996.72
City Parks and
Community Centers
Patrols
$24.89 270 $ 5,326.46
$ 117,182.12
City Council and other
Public Meetings
$24.89 11 $ 273.79 $ 6,023.38
Supervisor $28.82 40 $ 1,152.80
$ 25,361.60
Item 1L - Page 6
3 SUBTOTAL $518,457.39
Subtotal Carried forward $1,323,650.66
Additional Patrol Car-($892.32/month)
Baristo Parking Structure $ 5,150.40
Additional Heliaus Phone & License ($222.07/month)
Baristo Parking Structure $ 1,281.16
Downtown Historic & City Properties $ 1,281.16
GRAND TOTAL FOR SECURITY GUARD AND PATROL SERVICES
OCTOBER 9, 2023, THROUGH NOVEMBER 30, 2024
$ $1,849,820.77
(Price in figures)
One Million Eight Hundred Forty-Nine Thousand Eight Hundred Twenty-Two Dollars and SeventySeven Cents (Price in words)
Special Note: The hourly rates are inclusive of all other costs, (including overtime, holiday pay, or special pay), and will be considered "all-inclusive", including the firm's costs for all labor, vehicles, equipment, materials, tools, services, and special skills required to perform the security guard and patrol services.
OPTION A:
The City reserves the right to request armed guard services if necessary. Please provide an hourly rate for armed security guard services in the event that these services are needed at a later date.
Armed Security Guard Services $ 29.70 hr
4. Continuing Effect of Agreement. Except as amended by this Third Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment. [SIGNATURES ON NEXT PAGE]
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4 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
“CITY”
City of Palm Springs
Date:__________________________ By: _______________________________ Scott C. Stiles, ICMA-CM
City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Brenda Pree, MMC, CERA
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: September 12, 2024 Agreement No. 8358
“CONTRACTOR”
Universal Protection Service, LP
dba Allied Universal Security Services
Date: __________________________ By : ______________________________ Steve Clayton
President, Southwest & Central Regions
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55575.00001\40178462.1
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AMENDMENT NO. 1
TO AGREEMENT NO. 8358 – UNIVERSAL PROTECTION SERVICE, LP
FOR UN-ARMED SECURITY SERVICES
THIS FIRST AMENDMENT is made and entered into, and effective on __________________, 2022, between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Universal Protection Service, LP, doing business as Allied Universal Security Services, a California limited partnership company (“Contractor”) (collectively, the “Parties”).
RECITALS
A. City and Contractor entered into a Contact Services Agreement for un-armed uniformed security services at various facilities and locations on October 9, 2019 (“Agreement”); and
B. City and Contractor wish to amend the Agreement to increase the billing rates in the Agreement in accordance with the Consumer Price Index as determined by the U.S.
Bureau of Labor Statistics for all Urban Consumers for the Riverside-San BernardinoOntario Area over the previous year, to set the CPI adjustment date to coincide with the City’s Fiscal Year; and
C. City and Contractor wish to amend the Agreement to add additional security services.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
AGREEMENT
1. Scope of Services. The Scope of Services, Agreement Exhibit “A”, is hereby amended by the Scope of Services (AMENDED), attached to this First Amendment as Exhibit “A” and incorporated into the Agreement by this reference.
2. Compensation. The Maximum Contract Amount defined in Section 2.1 “Maximum Contract Amount” of the Agreement is hereby amended and increased to One Million Two Hundred Thirty Three Thousand Seven Hundred Sixty Six Dollars and Forty Cents ($1,233.766.40). The Schedule of Compensation as defined in Section 2.1 “Maximum Contract Amount” of the Agreement is hereby amended as set forth in Exhibit “B” (AMENDED) attached to this First Amendment and incorporated into the Agreement by this reference.
3. Continuing Effect of Agreement. Except as amended by this First Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
“CITY”
City of Palm Springs
Date:__________________________ By: _______________________________ Justin Clifton
City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique M. Lomeli, CMC
City Attorney Interim City Clerk
APPROVED BY CITY COUNCIL:
Date:_______________________ Agreement No. 8358
“CONTRACTOR”
Universal Protection Service, LP
dba Allied Universal Security Services
Date: __________________________ By : ______________________________ Steve Jones, CEO
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Exhibit “A” (AMENDED)
SCOPE OF SERVICES
SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS:
Generally, the scope of work consists of, but is not limited to:
General Security Guard/Patrol Requirements
1. Monitor patrol routes by physically patrolling each City Facility both in the vehicle and on foot to inspect all parts of the facilities for the purpose of detecting and preventing individuals or groups from committing acts that are illegal or dangerous to others or to the property.
2. Provide security for patrons, buildings, vehicles and personnel at each City Facility, including, but not be limited to, making rounds and clock rounds of assigned sites and key locations, responding to alarm calls, checking all elevators to ensure that they are operational and checking locks of gates and doors.
3. Respond to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm
4. Respond to alarms, suspicious activities, fires, injuries, security incidences, including but not limited to, thefts of materials and/or City property, thefts of public or private property, criminal trespass, sex crimes and/or sexual misconduct, loitering, camping or sleeping on City property, vandalism, stalking, workplace violence, disorderly conduct, civil disturbances, panhandling, loud arguments, fights, and any physical and/or verbal confrontations or any emergency situation, occurring in or around the City facilities being patrolled.
5. Write reports to document incidents, as required.
6. Follow guidelines and requirements set forth in the approved Post Orders developed in consultation with the City.
7. Communicate with a broad diversity of persons, including the communication of information to any member of the public in a courteous and professional manner.
8. Take photographs and document violations and incidents, as required.
9. Perform any other duties or functions not specifically outlined or set forth above but which are reasonably identified as falling within the scope and realm of a Security Guard's duties and responsibilities.
Work Force and Assignments
1. Contractor Security Service: The Contractor, at the Contractor's own expense, shall provide and furnish all labor, equipment, vehicle, and supplies for the assigned Security Guards for their performance of security services as specified. The Contractor shall supply the City with security service personnel who are properly trained, qualified and certified, and who meet the minimum requirements and qualifications called for in the contract. The costs for said labor, equipment, vehicles and supplies are included in the hourly fees charged by the Contractor for the various services.
2. All Security Guards shall be un-armed. (However, the City reserves the right to request armed guard service if necessary. In the cost proposal, please provide hourly rate for armed security services in the event that these services are needed at a later date).
3. Security Guards will be required to wear appropriate security uniforms only while on duty, provided by the security company and approved by the City of Palm Springs. Uniforms must be cleaned and pressed daily. No rips or tears shall be allowed. Uniforms must fit properly. The City specifically reserves the right to remove any individual due to unsatisfactory appearance.
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4. Security Guards shall wear standard badges, company insignia, name tags, and possess photo identification cards at all times while on duty at the City. The identification card shall contain a photo of the employee, the Contractor's name, employee's name, and position or title.
5. Security Guards shall use corporate vehicles (furnished by the employer) for all assigned patrols. All vehicles used shall be safe, clean in appearance and in good working condition. All vehicles shall be identified as "Security Patrol" with the company's name, insignia, or other identification as approved by the City. Use of personal vehicles for patrols is not acceptable and is cause for termination of the contract.
6. Security Guards shall patrol and otherwise conduct themselves through high visibility patrols of City Facilities, various Sites, including parking areas and shall patrol these areas hourly throughout each shift.
7. Contractor shall provide and maintain an adequate supply of flashlights and batteries, raingear, uniforms, clipboards and any other personnel equipment reasonably necessary for each Security Guard to perform their assigned duties. All equipment used by the Contractor perform the required services of the contract shall be maintained by the Contractor.
8. Security Guards are intended for the protection and security of City property, City personnel, the general public and to maintain a safe environment.
9. The Contractor shall designate Security Guards for each shift and provide shifts as required to adequately patrol the required City Facilities and Sites. The Contractor shall assign a sufficient number of personnel during the specified hours and provide sufficient back up in the event that personnel are either sick or on vacation.
10. Shift Change: The Security Guard going off of duty shall ensure that relief is properly informed and ready to assume their responsibilities.
11. Shift Length: The Contractor shall provide a minimum of 3 shifts per 24 hours. This is to assure the City of Palm Springs of an alert and rested security officer during shift service. Contractor employees shall have a minimum of 8 hours off duty between tours on this contract, except in emergency situations. In the case of such emergency, the City Contract Administrator shall be notified. A 10-15 minute overlap of shifts is appropriate for information exchange. Hourly rates paid to the Contractor include any shift differential, overtime, holiday or other special pay; additional rates will not be paid.
12. Communications: The Contractor shall provide a 24-hour call center for appropriate random patrol response in a timely manner as required. The Contractor shall also provide all required portable radios, cellular telephones, and mobile base stations to ensure dissemination of information, to include reporting of incidents, to be done in a timely and effective manner. A Security Guard Supervisor shall have the communication capability to make and receive immediate notification to applicable federal, state, or local agencies.
13. Security Guards shall perform patrols, stand guard at a location, and be able to respond to incidents. The primary duties and assignments of the Security Guard include, but are not limited to, the following:
• Patrol all assigned sites;
• Monitor for fire, trespassers, or other irregularities; • Prevent and report acts of theft, vandalism and security breaches; • Investigate suspicious persons or unusual incidents;
• Provide members of the public with applicable City rules and regulations including, but not limited to, City Ordinances and City Manager Regulations, pertaining to use of City facilities and parks; • Report all discrepancies and unsafe conditions, and identify for appropriate remedial action; • Check the security of a City Facility, its materials, equipment, and any perimeter fences; • Respond to complaints and take appropriate action;
• Request compliance from any persons who violate laws, rules and regulations. Any failure to obtain compliance from persons suspected of violating laws, rules and regulations shall be referred to Palm Springs Police Department or other applicable law enforcement authorities; • Ensure firefighting equipment, fire lanes, doors and traffic lanes are not blocked by people or equipment;
• Supervise evacuation procedures when directed;
• Report all unusual incidents, irregular activities, events, or property damage; Item 1L - Page 141
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• Prepare reports, maintain required logs and records, and make available copies of reports to City staff;
• Respond to emergencies, render first aid and perform other activities to prevent injury and loss of life;
• Operate radios, computers, and telephones to facilitate communication with the City as required; • At the end of a public or private event, verify that all persons have cleared the building and all perimeter doors are locked and building is secure.
Communications and Records
1. Security Guards shall be in constant communication with a Supervisor and shall have mobile communication capability to contact the Palm Springs Police Department, as necessary.
2. Security Guards are required to download the City's mobile application (app) on any smart phone or devise to alert appropriate city department of issues around the City that require City Action (i.e., broken pipe, graffiti, biohazards, etc.). This app when used on any smart phone or tablet device enables pictures that are taken and notes regarding issues to be sent directly to the City for appropriate action to clean-up, repair and/or maintenance related issues.
3. Security Company shall furnish, implement and deploy an appropriate electronic tracking system acceptable to the City for the City's use in tracking, auditing and verifying the patrols completed.
4. Contractor shall utilize a Guard Management & Reporting software that allows Guards to complete shift reports, report incidents, take pictures, record audio files, make notes, respond to tasks, and scan checkpoints to a live issue monitor and generate reports. Security Guards shall provide accurate, legible, Daily Activity Reports (DARs) and submit DARs to the City for its records. Contractor shall provide City with permanent access to these records via an online portal to view and generate reports and extract important information at each City site or property and provide training and support to City staff in the use of the software and generation of reports.
5. DARs shall include, but not be limited to, detailed descriptions, (make, model, color and license number, for example), and time of encounter of suspicious vehicles or persons; descriptions of suspicious persons, including gender, and actions taken, all unsafe equipment or conditions observed at any City Facility or Site, any accidents or injuries occurring on City property, all equipment failures, vandalism, graffiti, public safety or health hazards, and alarm calls responded to. Security Guards shall complete a "Report" for any contact initiated by the Security Guard against unauthorized parties or involving customers who may be reporting violations or suspicious activities or whose conduct on City property may voluntarily or involuntarily warrant response from the Security Guard. The "Report" shall also be completed even when reported activity involves response by the Palm Springs Police Department to further document the circumstances and confirm that a Police Report is in the process of being made.
6. Public and News Media Contacts: City of Palm Springs facilities will occasionally become the subject of newsworthy projects or events. All requests for statement of City policy regarding any matter under the control of or of direct interest to the City must be referred to the Public Information Officer at 760-323-8250.
Security Guard Minimum Qualifications
1. All Security Guards shall be a graduate of a state certified security officer/guard training program.
2. All personnel assigned by the Contractor to perform work for the City of Palm Springs shall be a minimum of 21 years of age, must not have an arrest record (other than minor traffic violations), and must present a professional appearance acceptable to the City. All assigned personnel must have a current, State-issued guard card and California State Driver's License.
3. Security officer(s) shall perform their duties in an efficient, conscientious manner, and shall be courteous and helpful to all persons on City of Palm Springs property. Discourtesy, rudeness, or the use of profanity will not be tolerated and shall be grounds for immediate removal of the offending employee.
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4. Primary responsibilities of Security Officer(s) are observing and reporting. In addition, Security Guards are intended to serve as a visual and physical deterrent to crime. Security Officer(s) are to respond to calls for assistance, and are to call for Police or other emergency response as circumstances warrant.
5. All incidents, suspicious or unusual, shall be reported to the appropriate authorities and documented by written incident reports. Reports that are criminal in nature (i.e. burglary, robbery) shall be referred to the Palm Springs Police Department for documentation purposes. Each shift is responsible for documentation of calls for support and suspicious or unusual activities and incidents, and any other statistical data as required by the City of Palm Springs. The contract security company shall provide a daily activity log and have Security Officer(s) complete incident reports, in a form approved by the City. A daily activity log shall be provided to the City on a daily basis.
6. Security Guards shall have certification to carry mace (a chemical agent), and handcuffs.
Armed Security Guards shall have all required licenses.
7. Security Guards shall possess current First Aid and CPR (Cardiopulmonary Resuscitation) certification cards. Certification as an Emergency Medical Technician level (EMT-1) may substitute for the first aid requirement.
8. Security Guards must be fully literate in the English language (i.e., able to read, write, speak) and understand clearly.
9. All Security Guards shall be capable of properly writing reports and maintaining a daily activity log.
10. Security Guards must meet the following requirements regarding personal behavior and ability:
• Ability to meet and deal tactfully with government personnel, facility employees and the general public;
• Ability to understand, explain, interpret and apply rules, regulations, directives and procedures;
• Possess poise, self-confidence and an ability to make sound decisions and react quickly under stressful conditions;
• Ability to prepare clear and concise reports;
• Ability to learn and adapt to changing situations;
• Ability to accept and respond to instructions and direction.
11. Security Guards must be capable of meeting the physical demands. Any Security Officer assigned to work under the terms of this Contract shall be in good general health without any physical defects or abnormalities, which could interfere with the performance of assigned duties. Security Guards must be fully capable of performing all duties requiring moderate to arduous physical exertion under either normal conditions and/or in emergency situations. Assigned patrols require frequent and prolonged walking, standing, sitting, bicycling and/or running. Security Guards may encounter smoke and/or chemicals. Occasionally, security personnel may be required to subdue violent or potentially violent people. Accordingly, physical stamina in all its forms (mental, climaterelated, etc.) is a basic physical requirement of this position.
12. The Contractor shall maintain personnel files. Files shall consist of a package of documents for each assigned Security Officer consisting of minimum qualifications and includes medical record, social security number, military services, arrest records, and previous employment. "Upon request, Contractor shall provide the City Manager or his designee with written certification that each officer assigned to the City conforms to all City's requirements and standards specified in this Request for Proposal.
Standards of Conduct
1. The Contractor shall be responsible for maintaining satisfactory standards of competency, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to employees as necessary.
2. Criminal Background Check: The Contractor shall complete a criminal background check of all Security Guards, and Operations Manager prior to assignment under the contract, and prior to assigning Security Officer to a City facility, site, and/or post. Thereafter, Contractor shall conduct an annual check, or as deemed necessary for security reasons. The criminal background check shall be Item 1L - Page 143
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for felony, misdemeanor and traffic violations in all United States or countries that the individual has resided in the last five (5) years. Any Security Officer found failing to divulge a felony or misdemeanor conviction should not be assigned to the City's security services contract. All costs of these checks shall be at the Contractor's expense.
a) Security Officers/Guards and Operations Managers who have been involved in any of the following will not be accepted nor assigned to City security service:
• Felony Conviction
• Violent Misdemeanor Conviction
• Sex Crime Conviction
• Military discharge other than honorable
• Pattern of irresponsible behavior including but not limited to unreasonable driving or employment record (absenteeism, equipment abuse, disciplinary problems, insubordination) b) Verification for above violations, military conduct and crime will be done through California Department of Justice, DMV, and/or FBI and submitted to the City for review and acceptance.
3. Security Guards shall display a well-groomed and neat appearance; appearances shall generally comply with the military hair/mustache length and style.
4. Contractor's Security Guards will be working in City facility/site locations, and as such, they must be polite, courteous, helpful, and interested in serving the public well. Professional standards are expected at all times while on a City post. The City Manager's designated representative will routinely conduct surprise inspections to ensure the quality of contract officers assigned to City facilities. If it is determined that assigned Guards do not meet standards of courtesy, ethics, appearance, alertness, and preparedness, they will be removed from post immediately at the expense of the Contractor.
5. Security Guards may not use drugs, alcohol, or controlled substances while on assigned patrols, and, if found to be under the influence, the Security Guard shall be immediately barred from assignment on the contract, including any criminal enforcement action to be taken by the Palm Springs Police Department.
6. Security Guards shall be immediately barred from assignment on the contract if the City determines that:
• The Security Guard was assigned to duties for which they have been disqualified for either suitability or security reasons.
• The Security Guard was found to be unfit for performing assigned duties during their patrols. • The Security Guard does not comply with recognized standards of conduct.
Supervision and Training
The Contract security company supervisor shall train, counsel, inspect and evaluate Security Officer(s).
The Contract security company supervisor shall make frequent unscheduled inspections of personnel, and report the results to the City of Palm Springs on a monthly basis. Security officer(s) shall receive training from contract security company's trainers until they are proficient in the performance of their duties. Contract security company's staff including shift supervisor shall receive an orientation from staff of various Departments within the City of Palm Springs as related to the locations to be secured including but not limited to the Palm Springs Police Department, the Palm Springs Public Library, Vacation Rental Compliance Department, Parks and Recreation Department, Facilities and Downtown Maintenance Department. The Security Guard Supervisor shall maintain communication with the City to receive directions, assignments, updates, and any information pertaining to the security of City Facilities and Sites. The Security Guard Supervisor must be able to perform all tasks and duties of the Security Guards and, at a minimum, the following supervisory duties:
1. Provide an adequate, appropriate level of field supervision for Security Guards on assigned patrols.
2. Provide Security Guard training, at no cost to the City, at least two (2) times per year for each Security Guard.
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3. Coordinate all security operations and patrol services for regular and event assignments with the City to ensure that all are properly staffed.
4. Organize, plan, direct and supervise the work activities of assigned Security Guards and makes assignments to provide job performance ratings in a fair and consistent manner, taking appropriate actions to correct any deficiencies.
5. Issue oral and written instructions to assigned Security Guards.
6. Conduct preliminary investigations of misconduct or allegations against Security Guards, and prepare reports to recommend appropriate actions.
7. Provide on the scene supervision involving security related incidents.
8. Review reports of assigned Security Guards for accuracy and provide constructive guidance.
9. Ensure that assigned Security Guards are performing their duties as prescribed by law, applicable rules and regulations.
10. Conduct preliminary investigations of injuries to assigned Security Guards.
11. Maintain inventory of supplies, equipment and issued material. Conduct regular staff meetings to discuss work related problems and to provide advice and guidance.
12. Ensure required training of Security Guards is conducted and properly documented. The Contractor shall maintain a training record for each Security Officer assigned to a City facility.
The training record shall show, as a minimum, the employee's name, date of employment, and the different types of training provided. Such records shall be made available to the City Manager or his designee upon his request. The City Manager or his designee may, from time-to-time, review these records and monitor the conduct of such training.
13. City and Contractor Staff Meetings: Meetings between the City Manager or his designee and Contractor's Operations Manager or Supervisor shall be scheduled on a bi-monthly basis, or as often as necessary, to discuss problems, discrepancy reports, and status of contract services.
The Operations Manager or Supervisor shall meet regularly with the City Manager or his designee at least once a month or as often as necessary and as determined by the circumstances in the administration of the Contract.
a) The meetings will cover all matters regarding the Contract and related to operations, quality of services, contract compliance, changes in the scope of work, solutions to problems and discrepancies in the building, invoices, charges, and other matters regarding the scope of work.
b) The Operations Manager or Supervisor shall address all contract matters on behalf of the Contractor, including but not limited to the following: payroll, invoicing, assignments of personnel, disciplinary actions, contract performance, and non-performance, corrective actions, assessments and appeals for contract non-compliance, special assignments, quality assurances and controls, changes of scope of work and other matters of mutual interest or concern to the City and the Contractor.
SITE SPECIFIC DETAILS (To be implemented in conjunction with General Scope of Services)
1. Palm Springs Train Station-6001 Palm Springs Station Road Security coverage of train operations will be provided based on the scheduled arrival time of the train per Amtrak Dispatch. Security coverage begins thirty (30) minutes prior to the train's scheduled arrival and ends 15 minutes after its departure from the Facility, and only after all passengers have left the station.
In addition to general security guard/patrol requirements, the Security Officer will be responsible for unlocking and locking the restrooms, checking on the well-being of passengers and assisting any passenger requiring assistance to the extent reasonable under the circumstances. The only time the restrooms shall remain locked during a scheduled train arrival is in the event that the train station is closed due to wind/sand, flooding or other barriers. The restroom may also be temporarily locked if the Item 1L - Page 145
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bathroom is out of service.
The Security Officer will document and report on all instances that may be of interest to supervisors or the City's Contract Officer and report on safety hazards, malfunctioning equipment and other such matters in the Daily Activity Report (DAR). The DAR shall also include documentation of the time train arrives, number of passengers on and off and time of actual train arrival and departure.
In general for issues at the train station, the following actions shall be taken:
1. Document the incident or issue in the DAR.
2. If issue is janitorial or restroom supplies or if it has to do with facilities (i.e. broken sprinkler heads, non-working lights, etc.), report it on the City's Reporting Software/App.
3. If the issue is outside of normal City business hours, mark the work order as an emergency. If you do not receive a response to an emergency work order within 20 minutes, contact the City's non-emergency dispatch number 760-327-1441.
4. If the issue is major, or a safety issue, or crime, call 911 or contact Police at 760- 3238116
Schedule of Performance at the Train Station
Contractor shall provide guard services in conjunction with Amtrak's arrival schedule at the station.
Security guard coverage begins thirty (30) minutes prior to the train's scheduled or anticipated actual arrival and ends after its departure only when all passengers have left the train station. It is the Contractor's responsibility to contact Amtrak Dispatch to ascertain the actual arrival of the train. The intent for security services at this location is not only to secure the property, but to provide a presence at the station since it is located in a remote area and therefore essential for passenger safety. Therefore it is imperative that a guard be on location prior to train arrival and after departure until all passengers have left the station. Even if actual arrival time is delayed, the security guard shall arrive prior to scheduled arrival time in case passengers are waiting at the station.
Sunset Limited Route Scheduled Arrival Time
East Bound — Wed., Fri., Mon. 2:02 am
West Bound — Mon, Thurs., Sat. 12:36 am
2. Library Guard Services
The City of Palm Springs requires security guard services at two (2) City-owned libraries, the Palm Springs Public Library at 300 South Sunrise Way and the Welwood Murray Memorial Library, at 100 South Palm Canyon Drive. The following tasks shall be performed at each library:
• Continuously patrol the interior and exterior of the building; • Ask patrons to return if they set off the security alarms (ie: RFID tags not deactivated when a book or other library item is checked out); • Monitor the public restrooms; check restrooms at least once per hour; • Appropriately deal with aggressive, violent, mentally disturbed patrons until the police arrive;
• Be able to make a citizen's arrest;
• Be able to handle disruptive patrons of ALL ages, firmly, quietly, and appropriately; • Check the well-being of Library customers and awaken those who are sleeping; • Enforce the Library's code of conduct; and
• Assist with the closing and securing of the building at the end of the business day.
During the patrol rounds the security officer will be on the lookout for any security breaches, maintenance problems, safety issues or fire hazards. Problems and/or unsafe conditions must be reported to the Contract Officer immediately and documented on the officer's own daily shift report. Guards shall be Item 1L - Page 146
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prepared to respond properly and effectively to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm. Also, the security officer shall be prepared and ready to respond appropriately to any and all other emergency situations involving fires, thefts of library materials and/or property, thefts of public or private property, criminal trespass, sex crimes and/or sexual misconduct, medical emergencies, vandalism, stalking, workplace violence, disorderly conduct, civil disturbances, panhandling, loud arguments, fights, and any physical and/or verbal confrontations occurring in or around the Library.
2a. Palm Springs Library-300 South Sunrise Way
Due to the unique architecture of the Library at 300 South Sunrise Way, access to the roof is relatively easy. Under no circumstance shall an officer go onto the roof of the Library at any time.
Should an officer suspect that someone has entered the roof area, the officer shall immediately call the Palm Springs Police.
The security officer is also responsible for enforcing the rules and regulations of the Library. The security officer should work with and take direction, as appropriate, from library staff. The rules are identified in Attachment "G" entitled "Library Public Code of Conduct".
Schedule of Performance at the Palm Springs Public Library Services at the Library shall be provided 44.5 hours per week under the following schedule:
Monday 10:00 am to 6:15 pm (7.75 hrs. with 30 minute lunch); Tuesday 10:00 am to 6:15 pm (7.75 hrs. with 30 minute lunch); Wednesday 10:00 am to 6:15 pm (7.75 hrs. with 30 minute lunch); Thursday 10:00 am to 6:15 pm (7.75 hrs. with 30 minute lunch); Friday 10:00 am to 5:15 pm (6.75 hrs. with 30 minute lunch); Saturday 10:00 am to 5:15 pm (6.75 hrs. with 30 minute lunch); Sunday (library closed)
A 30 minute or one hour lunch break is allowed for in the daily schedule. Provide an hourly rate of compensation in the event that additional hours are required at the request of the Contract Officer for extended library services or special events. 2b. Welwood Murray Memorial Library-100 South Palm Canyon Drive In addition to general patrol services, the security officer is also responsible for enforcing the rules and regulations of the Library. The security officer should work with and take direction, as appropriate, from library staff. The rules are identified in Attachment "H" entitled "We!wood Murray Memorial Library Public Code of Conduct".
Schedule of Performance at the We/wood Murray Memorial Library Services shall be provided seven days a week from 10 am to 6 pm, with hours extended to 8 pm on Thursdays.
A 30 minute or one hour lunch break is allowed for in the daily schedule. Provide an hourly rate of compensation in the event that additional hours are required at the request of the Contract Officer for extended library services or special events.
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3. Downtown Public Parking Facilities (Parking Structure, Underground Parking, Surface Parking Lot) and Public Restrooms at Downtown Revitalization Project by GRIT Development Contractor shall provide "around the clock" security guard services for the Parking facilities and public restrooms at the downtown revitalization project by Grit Development. The project area extends from the south-west corner of Tahquitz Canyon Way and North Palm Canyon Drive west to North Museum Drive and north to the Palm Springs Hyatt and includes the following road network: Museum Way from North Palm Canyon Drive west to North Museum Drive, West Andreas Road from South Palm Canyon Drive west to Belardo Road, and Belardo Road from Tahquitz Canyon Way north to West Andreas Road.
Contractor shall provide two (2) security guards to patrol, monitor and report on activities in the public parking facilities (surface parking lots, parking structure at North Museum Drive, and the underground public parking structure) and the public restroom facilities that are accessed from the walkway along the east side of the Rowan Hotel.
The Security Guards will patrol the public parking and restroom facilities by alternative fuel motorized vehicle (electric golf cart, segue, scooter, bicycle, etc.) and on foot to inspect all parts of the premises. This is an extensive area and requires a motorized transport mode to allow the Security Guards to quickly access the area and move from one location to the next. The Security Guards shall cover the all surface public parking lots, as well as all levels of the Parking Structure at North Museum Way, including the underground levels where open for public access, up to the section owned by the Hyatt for their guest parking. Security Guards shall check all elevators in the parking facilities a minimum of every four (4) hours to ensure that the elevators are operational. Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public. Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond. Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.
All activities and incidents shall be included in the Daily Activity Report ("DAR"). Any issues that require City action for maintenance, repair, clean-up or graffiti abatement shall be reported on the City's Reporting Software/App.
Schedule of Performance at the Downtown Revitalization Project by Grit Development Parking Structure, Underground Parking, Surface Parking Lot and Public Restrooms Security coverage shall be provided seven days a week, year-round and will consist of a full-time security guard on the premises twenty-four (24) hours per day.
Provide an hourly rate of compensation in the event that additional hours are required at the request of the Contract Officer for additional security guards and extended services at the facilities or for special events.
Parking Enforcement at Downtown Parking Structure
City of Palm Springs requires enforcement of parking regulations at the Downtown Parking Structure daily from the hours of 8:00 p.m. to 11:00 a.m. This service will supplement the parking enforcement provided by ACE Parking from 11:00 a.m. to 8:00 p.m. daily.
Contractor shall record/track parked vehicles in the structure between the hours of 8:00 p.m. and 11:00 a.m. daily.
City shall provide Notice of Parking Violation pads for contractor to use for citation of violators. The pads contain a white original, yellow and pink copy sheets along with an envelope with Citation printed on it.
Contractor shall return the white original and yellow copy to the City of Palm Springs, Attention: Adana Item 1L - Page 148
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Muniz-Department of Finance, retain the pink copy and place the envelope/citation copy on the windshield of the parked vehicle. Contractor shall also take pictures of the vehicle and license plate number with time stamp to maintain as a record in the event that the violation is disputed. Contractor may utilize existing online "Heliaus" reporting system to record data and photos by license plate number for easy future retrieval.
Free public parking is limited to 4 hours maximum.
No public parking is allowed from 3:00 a.m. to 6:00 a.m.
Parking areas designated for employees allow parking up to 12-hours maximum. Although, at this time, there are no "employee parking stickers" or other identifiers that distinguish employees from the general public, it is anticipated that at a future time, a system will be put in place to identify vehicles that are authorized to park in the employee parking areas.
Report any potential abandoned vehicles, or vehicles creating unsafe conditions to the Palm Springs Police Department at the non-emergency dispatch number (760) 327-1441.
Coordinate with ACE Parking for the transition of enforcement when ACE Parking arrives at 11:00 a.m. (i.e. provide list of license plate numbers with time stamp between 8:00 a.m. and 11:00 a.m.) and collect same information from ACE Parking at 8:00 p.m. (collect list of license plate numbers from the hours of 5:00 p.m. to 8:00 p.m.), to ensure that citations are issued on any vehicles parked in excess of the four hour maximum.
4. Downtown "Baristo" Parking Structure-261 S. Indian Canyon Drive On-site security guard shall perform the following tasks:
• Continuously patrol the interior and exterior of the structure; • Monitor the public elevators;
• Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public;
• Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond; and • Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.
The Security Officer will patrol the public parking structure on foot and may also use an alternative fuel motorized vehicle (electric golf cart, segue, scooter, bicycle, etc.) to move about and inspect all parts of the structure.
All activities and incidents shall be included in the Daily Activity Report ("DAR"). Any issues that require City action for maintenance, repair, clean-up or graffiti abatement shall be reported on the City's Reporting Software/App.
Schedule of Performance at the Downtown "Baristo" Parking Structure Services at the Downtown "Baristo" Parking Structure shall be one guard daily from 1 pm to 9pm and two guards daily from 9 pm to 5:30 am. Provide an hourly rate of compensation in the event that additional hours are required at the request of the Contract Officer for extended services at the Downtown Parking Structure or for special events.
Contractor shall note that in addition to the services of the scheduled dedicated guard, the Downtown Item 1L - Page 149
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"Baristo" Parking Structure is included as a nightly patrol location as described in Section 5-Nightly Patrol of City-Owned Properties and Historic Sites.
5. Nightly Patrol of City-Owned Properties and Historic Sites Contractor shall provide an un-armed uniformed security officer, the vehicle, and communications equipment for the officer, and all necessary supervision needed to patrol/monitor/report activities in the downtown and other specified locations at designated City-owned properties and historic sites. Patrol to be nightly from 10:00 pm to 10:30 am continuously in a random manner to sites as specified by the City.
Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public. Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond. Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.
It is expected that each of the patrol locations would be visited a minimum five (5) times per site per day (overnight) at random times. Permanent locations to be included in the nightly patrol are:
• Historic Frances Stevens Park (northeast corner of Alejo Road and North Palm Canyon Drive at 538 and 550 North Palm Canyon Drive)-In addition to general requirements, Security Officer shall check doors and windows of City-owned buildings at 538 and 550 North Palm Canyon Drive and report on any suspicious activity or attempted break-ins. • Downtown (Baristo) Parking Structure (261 S. Indian Canyon Drive)-In addition to general requirements, Security Officer shall check all elevators in the parking facilities a minimum of every four (4) hours to ensure that the elevators are operational. • Historic Village Green (221-233 South Palm Canyon Drive) • Historic Plaza Theater (128 South Palm Canyon Drive)
• Casa del Camino vacant property (1479 North Palm Canyon Drive south of W. Stevens Rd.) Other historic properties to be included in the nightly patrol are:
• Historic Orchid Tree Inn
• Historic La Plaza Shopping Center
• Historic Town & Country Center
• Historic Racquet Club
In addition to the above noted locations, additional locations will be specified as needed and would be provided in further detail, upon award of the contract. Locations will be subject to change depending on the City's needs and contractor should be flexible to add or remove locations as requested by the City.
6. Security Services at City Parks and Community Centers Contractor shall provide all services, supervision, uniforms, supplies, materials, equipment and transportation necessary to provide un-armed security guard services for the City of Palm Springs Parks and Recreation Department. The following tasks shall be performed:
• Security guards may need to advise park patrons regarding rules and/or restrictions for the use of the parks or park facilities;
• Monitor facilities to assist in preventing theft and vandalism at the facilities listed below; Item 1L - Page 150
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• Appropriately deal with aggressive, violent, and disruptive patrons of all ages until police respond;
• Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest; • Monitor the public restrooms at the parks listed below; • Monitor that vehicles are not parked or driven onto the park itself; • Issue citations when witnessing a violation;
• Contact Police Department dispatch if no compliance is achieved and have PD assist with getting guests into compliance; and
• Work with the Police Department to cite patrons who have a gathering larger than 40 people at the park without a permit;
Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public. Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond. Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.
Security Guard shall patrol the following park sites on Saturdays and Sundays from 9:00am to 6:00pm in a random order.
• Sunrise Park 401 S Pavilion Way
• Demuth Park 4200 Mesquite Ave
• Ruth Hardy Park 700 E Tamarisk Rd.
• Victoria Park 2744 N Via Miraleste
• James O Jessie 480 W Tramview Rd.
• Baristo Park 296 S Calle Encilia
During the patrol rounds the security officer will be on the lookout for any security breaches, maintenance problems, safety issues or fire hazards. Problems and/or unsafe conditions must be reported to the Contract Officer immediately and documented on the officer's own daily shift report. Guards shall be prepared to respond properly and effectively to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm.
All activities and incidents shall be included in the Daily Activity Report ("DAR"). Any issues that require City action for maintenance, repair, clean-up or graffiti abatement shall be reported on the City's Reporting Software/App.
Sunrise Park
In addition to weekend patrol of City park sites identified above, specifically for Sunrise Park, additional security guard services shall be continuous, seven days a week 24 hours a day. Security guards shall provide continuous patrol around Sunrise Park and its facilities which will include the Swim Center, Leisure Center, Pavilion, Skate Park, and the baseball fields.
Demuth Community Center
Provide posted security guard 9 am to 6 pm Monday through Friday.
James O Jessie Desert Highland Unity Center
Provide posted security guard 9 am to 6 pm Monday through Friday.
7. Vacation Rental Compliance Security Services
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SUSPENDED INDEFINITELY AS OF MARCH 2020
Below are the hours of coverage for security services and scope of work needed to cover and respond to calls for services filed through the vacation rental hotline during City off-work hours.
1. Contractor to have dedicated phone line for the officer covering the vacation rental hotline.
2. Security Officer to answer and respond to all calls for service/complaint filed through the Vacation Rental Hotline during hours listed below.
3. Respond to the location of the address in violation reported.
4. Make contact and ask the guests of the vacation rental to be in compliance in polite and courteous manner pursuant to Officer Field Protocol Attachment "I".
5. Issue citations when witnessing a violation.
6. Document the event details in a report and on a web based platform provided by the City of Palm Springs.
7. Contact the On-Call Manager of the vacation rental property and advise manager of the complaint and resolution — Database to be provided by the City.
8. Contact Police Department (PD) dispatch if no compliance is achieved and have PD assist with getting guests into compliance.
9. The security company must have ability to cover all shifts in cases where an employee is out sick or on vacation and the City Staff is not able to cover such shifts.
Schedule of coverage is as follows:
Monday 12:30 am — 8:30 am, 6:30 pm-12:30 am (Tuesday)
Tuesday 12:30 am — 8:30 am, 6:30 pm-12:30 am (Wednesday) Wednesday through Sunday 12:30 am — 8:30 am
(Total hours of coverage per week is 68)
8. Security Services at City Council Meetings and other Public Meetings The Palm Springs Police Department is requesting Security Guard services at the City of Palm Springs Council Chambers at 3200 E. Tahquitz Canyon Way. Uniformed security guards will control pedestrian access to the Facility and operate the security screening post located within the building's front lobby area. The screening post's equipment may include both a fixed and hand-held metal detector. Additionally, screening staff will provide physical "hand checks" of purses, briefcases and other containers. All individuals entering the Council Chambers must pass through the security screening post. Two guards are needed to staff the screening post and to perform additional duties in accordance with the schedules and specifications as noted in the following section. This coverage will be for all City Council meetings, generally held on the first and third Wednesdays of each month starting at 5:00 pm and remaining until meeting has adjourned and all attendees have departed.
Contractor shall offer flexibility in the provision of these services, as schedule is subject to change Contractor shall regularly check the City of Palm Springs website at **********palmspringsca.govioovernmenticity-clerk/city-council-meetings-agenda to verify meeting schedule, as occasionally meetings are added, removed or moved to the second and fourth week of the month to accommodate holiday and other schedules. Also, the duration of the City Council meetings will vary depending on the Agenda. For the purposes of proposing for the services, please provide the hourly rate for two unarmed, uniformed guards twice per month for an average duration of five and a half hours per meeting.
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EXHIBIT "B" (AMENDED)
SCHEDULE OF COMPENSATION
Rates per hour represent the amounts proposed to provide the services, and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days.
Note that Hours are ESTIMATED and subject to change by the City.
PATROL
ROUTE BILLING RATE HOURS /
WEEK
WEEKLY
COST
ANNUAL
COST
(WEEKLY X 52)
Palm Springs Train
Station Patrols $23.20 8 $ 183.04 $9,651.20
Palm Springs Public
Library
$23.20 44.5 $ 1,018.16 $ 53,684.80
Welwood Murray
Memorial Library $23.20 51 $ 1,166.88 $ 61,526.40
Downtown Parking
Facilities and Public
Restrooms $23.20 336 $ 7,687.68 $ 405,350.40
Downtown (Baristo)
Parking Structure $23.20 152 $ 3,477.76 $ 183,372.80
Downtown City Owned
and Historic Properties
Patrols $23.20 84 $ 1,921.92 $ 101,337.60
City Parks and
Community Centers
Patrols
$23.20 270 $ 6,177.60 $ 325,728.00
City Council and other
Public Meetings
$23.20 11 $ 251.68 $ 13,270.40
Supervisor $26.86 40 $ 1,060.00 $ 55,868.80
SUBTOTAL $1,209,790.40
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Subtotal Carried forward $1,209,790.40
Additional Patrol Car-($800/month)
Baristo Parking Structure $ 9,600.00
Downtown Historic & City Properties $ 9,600.00
Additional Heliaus Phone & License ($199/month)
Baristo Parking Structure $ 2,388.00
Downtown Historic & City Properties $ 2,388.00
GRAND TOTAL FOR SECURITY GUARD AND PATROL SERVICES
ANNUAL COST
$ $1,233,766.40
(Price in figures)
One Million Two Hundred Thirty-Three Thousand Seven Hundred Sixty-Six Dollars and Forty Cents
(Price in words)
Special Note: The hourly rates are inclusive of all other costs, (including overtime, holiday pay, or special pay), and will be considered "all-inclusive", including the firm's costs for all labor, vehicles, equipment, materials, tools, services, and special skills required to perform the security guard and patrol services.
OPTION A:
The City reserves the right to request armed guard services if necessary. Please provide an hourly rate for armed security guard services in the event that these services are needed at a later date.
Armed Security Guard Services $ 27.68 hr
CPI ADJUSTMENTS: Contractor may request a price adjustment at the end of the City’s fiscal year, prior to exercising an optional extension, as that term is defined in Section 3.4 of the Agreement. The requested price adjustment may not exceed the Bureau of Labor Statistic's Consumer Price Index (“CPI”) for the Riverside/San Bernardino/Ontario region .
Item 1L - Page 154
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Item 1L - Page 155
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Revised: 7.1.23
AMENDMENT NO. 2 TO AGREEMENT NO. 8358 – UNARMED
UNIFORMED SECURITY SERVICES
BETWEEN THE CITY PALM SPRINGS AND UNIVERSAL
PROTECTION SERVICE, LP
1. Parties and Date.
This Amendment No. 2 to the Unarmed Uniformed Security Services Agreement (“Agreement”) is made and entered into as of this _______ day of ___________, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Universal Protection LP, dba Allied Universal Security Services, a California limited partnership with its principal place of business at 1551 N. Tustin Avenue, Suite 650, Santa Ana, CA, (“Contractor”). City and Contractor are sometimes individually referred herein to as a “Party” and collectively as the “Parties.”
2. Recitals.
2.1 Agreement. City and Contractor entered into an agreement titled “Unarmed Uniformed Security Services Agreement” dated October 9, 2019, for the purpose of retaining the services of Contractor to provide unarmed uniformed security services at various facilities and locations in the city.
2.2 First Amendment. City and Contractor entered into Amendment No. 1 to the Agreement, dated August 17, 2022, for the purposes of increasing the billing rates in accordance with the Consumer Price Index (CPI) as determined by the U.S. Bureau of Labor Statistics for all Urban Consumers for the Riverside-San Bernardino-Ontario Area over the previous year, setting the CPI adjustment date to coincide with the City’s fiscal year, to add additional security services.
2.3 Amendment. City and Contractor now desire to amend the Agreement to again increase billing rates in accordance with CPI over the previous year for Fiscal Year 23-24.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Amendment No. 1 Exhibit B “Schedule of Compensation” CPI Adjustments stating that Contractor may request a price adjustment at the end of the City’s fiscal year, prior to exercising an optional extension, as that term is defined in Section 3.4 of the Agreement.
3. Terms.
3.1 Exhibit B of the Agreement is hereby amended in its entirety to read as follows:
“EXHIBIT "B" (AMENDMENT NO. 2-FISCAL YEAR 23/24)
SCHEDULE OF COMPENSATION
Rates per hour represent the amounts proposed to provide the services and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable DocuSign Envelope ID: 5352EADD-6135-4CEF-BD20-6F664DBB7CAD DocuSign Envelope ID: 9254E98A-1EF8-4EC3-9DA1-A17CBB26F46F 21st June
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Revised: 7.1.23
Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days.
Note that Hours are ESTIMATED and subject to change by the City.
PATROL
ROUTE BILLING RATE HOURS /
WEEK
WEEKLY
COST
ANNUAL
COST
(WEEKLY X 52)
Palm Springs Train
Station Patrols $24.89 8 $ 199.12 $10,354.24
Palm Springs Public
Library
$24.89 44.5 $ 1,107.61 $ 57,595.46
Welwood Murray
Memorial Library $24.89 51 $ 1,269.39 $ 66,008.28
Downtown Parking
Facilities and Public
Restrooms $24.89 336 $ 8,363.04 $ 434,878.08
Downtown (Baristo)
Parking Structure $24.89 152 $ 3,783.28 $196,730.56
Downtown City Owned
and Historic Properties
Patrols $24.89 84 $ 2,090.76 $ 108,719.52
City Parks and
Community Centers
Patrols
$24.89 270 $ 6,720.30 $ 349,455.60
City Council and other
Public Meetings
$24.89 11 $ 273.79 $ 14,237.08
Supervisor $28.82 40 $ 1,152.80 $ 59,945.60
SUBTOTAL $1,297,924.42
Subtotal Carried forward $1,297,924.42
Additional Patrol Car-($858.40/month)
Baristo Parking Structure $ 10,300.80
Downtown Historic & City Properties $ 10,300.80
DocuSign Envelope ID: 5352EADD-6135-4CEF-BD20-6F664DBB7CAD DocuSign Envelope ID: 9254E98A-1EF8-4EC3-9DA1-A17CBB26F46F Item 1L - Page 157
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Revised: 7.1.23
Additional Heliaus Phone & License ($213.53/month)
Baristo Parking Structure $ 2,562.32
Downtown Historic & City Properties $ 2,562.32
GRAND TOTAL FOR SECURITY GUARD AND PATROL SERVICES
ANNUAL COST
$ $1,323,650.66
(Price in figures)
One Million Three Hundred Twenty-Three Thousand Six Hundred Fifty and Sixty Six Cents (Price in words)
Special Note: The hourly rates are inclusive of all other costs, (including overtime, holiday pay, or special pay), and will be considered "all-inclusive", including the firm's costs for all labor, vehicles, equipment, materials, tools, services, and special skills required to perform the security guard and patrol services.
OPTION A:
The City reserves the right to request armed guard services if necessary. Please provide an hourly rate for armed security guard services in the event that these services are needed at a later date.
Armed Security Guard Services $ 29.70 hr
CPI ADJUSTMENTS: Contractor may request a price adjustment at the end of the City’s fiscal year, prior to exercising an optional extension, as that term is defined in Section 3.4 of the Agreement. The requested price adjustment may not exceed the Bureau of Labor Statistics Consumer Price Index (“CPI”) for the Riverside/San Bernardino/Ontario region.
CPI Adjustment for Fiscal Year 23/24:
January 2022 Index = 118.963
January 2023 Index = 127.683
(127.683 – 118.963)/118.963 = 7.3%”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No.2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
DocuSign Envelope ID: 5352EADD-6135-4CEF-BD20-6F664DBB7CAD DocuSign Envelope ID: 9254E98A-1EF8-4EC3-9DA1-A17CBB26F46F Item 1L - Page 158
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3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 5352EADD-6135-4CEF-BD20-6F664DBB7CAD DocuSign Envelope ID: 9254E98A-1EF8-4EC3-9DA1-A17CBB26F46F Item 1L - Page 159
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Revised: 7.1.23
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO UNARMED UNIFORMED SECURITY
SERVICES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND UNIVERSAL
PROTECTION, LP
IN WITNESS WHEREOF, the Parties have entered into the Amendment No. 2 as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 9-18-19 Item No. 1LL Original Agreement
Date: 6-30-22 Item No. 1H Amendment No. 1
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 5352EADD-6135-4CEF-BD20-6F664DBB7CAD 6/20/2023
DocuSign Envelope ID: 9254E98A-1EF8-4EC3-9DA1-A17CBB26F46F 6/21/2023
Item 1L - Page 160
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVE SUCCESSOR AGENCY LAST AND FINAL RECOGNIZED
OBLIGATION PAYMENT SCHEDULE
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
The Successor Agency is required to submit an approved Recognized Obligation Payment Schedule (ROPS) and corresponding administrative budgets to the State Department of Finance (DOF) each year by February 1. The Dissolution Act provides that the Successor Agency may submit an approved Last and Final ROPS to DOF. Staff recommends the Successor Agency adopt the attached resolution approving the Last and Final ROPS.
RECOMMENDATION:
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY
AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY, APPROVING THE LAST AND FINAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.6.”
BACKGROUND:
Under the Dissolution Act, successor agencies are required to prepare ROPS that list enforceable obligations each fiscal year. The Successor Agency has prepared the ROPS in each fiscal year, including for the Fiscal Year 2024-25 (“ROPS 24-25”). ROPS 24-25 was approved by the Riverside Countywide Oversight Board (COB) and by the DOF.
Health and Safety Code Section 34191.6 allows successor agencies that meet certain provisions to have the option to submit a Last and Final ROPS to the DOF. The provisions include 1) having remaining debt limited to payments pursuant to enforceable obligations; 2) all remaining obligations have been previously listed on a ROPS and approved for payment by DOF; and 3) the successor agency is not a party to pending litigation.
Item 1M - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Approve Last and Final Recognized Obligation Payment Schedule STAFF ANALYSIS:
The Successor Agency meets the criteria for submitting a Last and Final ROPS for Fiscal Years commencing with the 25-26 ROPS. Once the DOF approves a successor agency’s Last and Final ROPS, the successor agency is no longer required to file annual ROPS and Administrative Budgets. The successor agency is limited to submitting up to two requests to amend it before the Successor Agency ceases to exist in 2034, when the final obligation of the Successor Agency is paid.
Following Successor Agency approval of the Last and Final ROPS, staff will forward the last and Final ROPS to the County Auditor-Controller, the County Administrative Officer, and the DOF for review, simultaneously with presenting them to COB for approval. The COB Board will review the Last and Final ROPS at their regularly scheduled September 19, 2024 meeting. Copies of the Last and Final ROPS, following approval by the COB, will be sent to the County Auditor-Controller, the State Controller’s Office and the DOF and will be posted on the Successor Agency’s website.
The DOF has 100 days to review the Last and Final ROPS. The DOF may make any amendments or changes to the Last and Final ROPS, provided the amendments or changes are agreed to by the Successor Agency in writing. On the same agenda as this requested approval of the Last and Final ROPS, staff has also submitted a refinancing of certain outstanding tax allocation bonds for approval. These approvals will run in tandem, however, the DOF only has 60 days to approve the refinancing. Staff expects the refinancing to be completed prior to the DOF approval of the Last and Final ROPS, and that the DOF will allow any adjustments to the debt service to be made for the reduced debt service that results from issuance of the refunding bonds. If the refunding is completed after the DOF approves the Last and Final ROPS due to market conditions, the Last and Final ROPS may be amended at a later date.
ENVIRONMENTAL ASSESSMENT:
The requested Successor Agency action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15061 (b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the amendment is merely the adoption of annual budget; it will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council identified major theme/principal of Forward-Thinking Governance.
Item 1M - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Approve Last and Final Recognized Obligation Payment Schedule FISCAL IMPACT:
The Last and Final ROPS sets forth the Successor Agency’s existing financial obligations for all remaining periods through the payment of the final obligation of the Successor Agency in the period January 1, 2035 to June 30, 2035. The amounts requested in each ROPS period will provide sufficient funding for all remaining obligations. As noted above, the DOF may make any amendments or changes to the Last and Final ROPS, provided the amendments or changes are agreed to by the successor agency in writing.
The Successor Agency owns one small property. It is approximately 7,000 square feet, located at 190 West Sunny Dunes Road. Staff has tried to market this property for sale from time to time but has been unsuccessful in finding an interested buyer. The Last and Final ROPS includes $6,500 in the administrative costs for Fiscal Year 2025-26 (ROPS period 25-26B), for an appraisal of the property so that one last effort to sell the property (or to establish a price for the City to acquire the property) may be made. Any proceeds from the subsequent sale of this parcel will be remitted to the County Auditor-Controller to distribute to the taxing entities.
Starting with ROPS 25-26, excluding the appraisal cost described above, the City’s administrative costs have been reduced to approximately $40,000 annually from $86,000 approved in ROPS 24-25. This amount is anticipated to cover the staff costs to administer the outstanding bonds and to pay for the audit and other overhead.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution, including Recognized Obligation Payment Schedule (Exhibit “A” to the Resolution)
Item 1M - Page 3
ATTACHMENT A
Item 1M - Page 4
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY,
APPROVING THE LAST AND FINAL RECOGNIZED
OBLIGATION PAYMENT SCHEDULE ("ROPS") PURSUANT
TO HEALTH AND SAFETY CODE SECTION 34191.6.
WHEREAS, the Successor Agency to the Palm Springs Community Redevelopment Agency (“Successor Agency”) is the successor to the Community Redevelopment Agency of the City of Palm Springs (“Former Redevelopment Agency”), a redevelopment agency in the City of Palm Springs, duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (“Redevelopment Law”); and WHEREAS, the “Dissolution Act,” comprised of Assembly Bill “ABX1 26” (Chapter 5, Statutes of 2011) and “ABX1 27” (Chapter 6, Statutes of 2011), and subsequent legislation including Assembly Bill “AB 1484” (Chapter 26, Statutes of 2012) and Senate Bill “SB 107” (Chapter 325, Statutes of 2015), made certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code (“HSC”); and
WHEREAS, HSC Section 34177(l) requires the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) listing the enforceable obligations of the Former Redevelopment Agency and of the Successor Agency, including administrative expenses; and
WHEREAS, pursuant to subdivision (a) of HSC Section 34191.6, beginning January 1, 2016, successor agencies that have received a Finding of Completion have the option to submit a Last and Final ROPS to the Department of Finance ("DOF") at any time, if all the following conditions are met:
(1) The successor agency's remaining debt is limited to payments pursuant to enforceable obligations with defined payment schedules including, but not limited to, debt service, loan agreements, and other contracts. (2) All remaining obligations have been previously listed on a ROPS and approved for payment by the DOF, pursuant to subdivision (m) or (o) of HSC Section 34177.
(3) The successor agency is not a party to pending litigation, except as specified in subdivision (a)(3) of HSC Section 34191.6; and WHEREAS, the Successor Agency meets the above listed criteria and is eligible Item 1M - Page 5
Resolution No. _____
to file a Last and Final ROPS with DOF; and
WHEREAS, the attached Last and Final ROPS identifies each enforceable obligation on which payments will be required to be made by the Successor Agency from and after July 1, 2025, until its termination; and
WHEREAS, HSC Section 341790 established the Riverside Countywide Oversight Board ("Oversight Board") in 2018; and
WHEREAS, HSC Section 34191.6 requires the Oversight Board to approve the Last and Final ROPS prior to the Successor Agency submitting the Last and Final ROPS to DOF.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR
AGENCY OF THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference.
SECTION 2. The Successor Agency hereby approves and adopts the Last and Final ROPS, in substantially the form attached to this Resolution as Exhibit A, pursuant to HSC Section 34191.6.
SECTION 3. The City Manager is hereby authorized to take all actions necessary under the Dissolution Act to post the Last and Final ROPS on the Successor Agency website, transmit the Last and Final ROPS to the Auditor-Controller and the County Administrator of the County of Orange and DOF, submit the Last and Final ROPS to the Oversight Board, and to take any other actions necessary to ensure the approval and validity of the Last and Final ROPS and the validity of any enforceable obligation approved by the Successor Agency in this Resolution. In addition, the Successor Agency authorizes and directs the Successor Agency staff to make such non-substantive revisions to the Last and Final ROPS as may be necessary to submit the Last and Final ROPS in any modified form required by the Oversight Board or OOF, and the Last and Final ROPS as so modified shall thereupon constitute the Last and Final ROPS as approved by the Successor Agency pursuant to this Resolution. In addition, should the DOF make any changes to the Last and Final ROPS during its review process, the City Manager is authorized to agree to the changes as necessary.
SECTION 6. In retaining the responsibilities of the Former Redevelopment Agency as provided in HSC Sections 34173 and 34176, the City Council expressly determines, reaffirms, and ratifies the statutory limitation on the City and the City Council’s liability in retaining the responsibilities of the Former Redevelopment Agency pursuant to the Dissolution Act. Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City or any resources, funds, or assets of the City to fund the Item 1M - Page 6
Resolution No. _____
City’s service as the Successor Agency to the Palm Springs Community Redevelopment Agency as provided in this Resolution.
SECTION 7. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, THIS ___ DAY OF SEPTEMBER 2024.
________________________________
SCOTT STILES, CITYMANAGER
ATTEST:
________________________________
BRENDA PREE, CITY CLERK
Item 1M - Page 7
Resolution No. _____
CERTIFICATION
STATEOFCALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, hereby certify that Resolution No. ___ was adopted by the Palm Springs City Council at a regular meeting held on the ___ day of September 2024, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
BRENDA PREE, CITY CLERK
City of Palm Springs, California
Item 1M - Page 8
Resolution No. _____
EXHIBIT A
LAST AND FINAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Item 1M - Page 9
Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary Filed for the July 1, 2025 through June 30, 2035 Period Successor Agency: Palm Springs
County: Riverside
Initial ROPS
Period:
25-26A
Final ROPS Period: 34-35B
Requested Funding for Enforceable Obligations Total Outstanding Obligation A Enforceable Obligations Funded as Follows (B+C) $8,976 B Bond Proceeds -
C Other Funds 8,976
D Redevelopment Property Tax Trust Fund (RPTTF) (E+F) $24,572,277 E RPTTF 24,185,285
F Administrative RPTTF 386,992
G Total Outstanding Obligations (A+D) $24,581,253
Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Exhibit "A"
Item 1M - Page 10
A Period
July - December
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin
RPTTF
$- $- $65,954 $- $65,954
ROPS 25-26A - - 6,050 - $6,050
ROPS 26-27A - - 6,655 - $6,655
ROPS 27-28A - - 7,155 - $7,155
ROPS 28-29A - - 7,155 - $7,155
ROPS 29-30A - - 6,655 - $6,655
ROPS 30-31A - - 7,321 - $7,321
ROPS 31-32A - - 7,321 - $7,321
ROPS 32-33A - - 8,071 - $8,071
ROPS 33-34A - - 8,071 - $8,071
ROPS 34-35A - - 1,500 - $1,500
B Period
January - June
Twelve-Month
Total
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin
RPTTF
$- $8,976 $24,119,331 $386,992 $24,515,299 $24,581,253
ROPS 25-26B - 8,976 2,662,764 38,992 $2,710,732 $2,716,782 ROPS 26-27B - - 2,671,514 39,600 $2,711,114 $2,717,769
ROPS 27-28B - - 2,672,789 39,900 $2,712,689 $2,719,844
ROPS 28-29B - - 2,679,264 40,700 $2,719,964 $2,727,119
ROPS 29-30B - - 2,665,888 41,000 $2,706,888 $2,713,543
ROPS 30-31B - - 2,688,795 41,300 $2,730,095 $2,737,416
ROPS 31-32B - - 2,694,147 42,200 $2,736,347 $2,743,668
ROPS 32-33B - - 2,691,860 42,500 $2,734,360 $2,742,431
ROPS 33-34B - - 2,690,810 42,900 $2,733,710 $2,741,781
ROPS 34-35B - - 1,500 17,900 $19,400 $20,900
Palm Springs
Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary by ROPS Period July 1, 2025 through June 30, 2035
Item 1M - Page 11
Palm Springs
Last and Final Recognized Obligation Payment Schedule (ROPS) - ROPS Detail July 1, 2025 through June 30, 2035
(Report Amounts in Whole Dollars)
A B C D E F G H I
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total Outstaning
Obligation
$24,581,253
3 2007 Taxable Tax Allocation Bonds,
Series B
Bonds Issued On or Before
12/31/10
09/18/2007 09/01/2034 US Bank Merged Project 1 Merged 1 200,198 7 Contract Services - Financial Fees 09/22/2010 06/30/2025 Harrell & Company Advisors
Bonds Disclosure /Rating Merged 1/
Merged 2
95,650
8 Contract Services - Rebate Calculation Fees 06/04/2010 06/30/2025 Willdan Financial Services
Bonds Rebate Consulting Services Merged 1/
Merged 2
4,000
9 Bond Trustee Fees Fees 06/16/2004 11/01/2034 US Bank Bonds Trustee Fees Merged 1/ Merged 2
95,750
33 Administrative Cost Allowance Admin Costs 07/01/2016 06/30/2034 City of Palm Springs
Overhead Cost Allocation/Salaries Merged1/
Merged 2
393,800
44 2007 Taxable Tax Allocation Bonds,
Series B
Reserves 09/18/2007 09/01/2034 US Bank Reserve for September 1 Debt Service Merged 1 1,405,200 62 2014 Subordinate Tax Allocation Bonds Refunding Bonds Issued After 6/27/12
08/19/2014 09/01/2034 US Bank Refinancing of 2001 and 2004 Bonds Merged1/ Merged 2
763,875
66 2014 Subordinate Tax Allocation Bonds Reserves 08/19/2014 09/01/2034 US Bank Reserve for September 1 Debt Service Merged1/ Merged 2
6,498,875
71 LRPMP Properties Property Dispositions 07/01/2016 06/30/2025 Various Vendors Costs for Dispostion of Agency Held Property - Appraisals, Fencing, Closing Costs, Drafting Sale Agreement
Merged1/
Merged 2
-
73 2017 Tax Allocation Refunding Bonds,
Series A
Refunding Bonds Issued
After 6/27/12
11/15/2017 09/01/2034 US Bank Refinancing 2007 Series A Bonds Merged 1 951,600 74 2017 Tax Allocation Refunding Bonds,
Series A
Reserves 11/15/2017 09/01/2034 US Bank Reserve for September 1 Debt Service Merged 1 10,251,600 75 2017 Taxable Tax Allocation Refunding
Bonds, Series B
Refunding Bonds Issued
After 6/27/12
11/15/2017 09/01/2034 US Bank Refinancing 2007 Series A Bonds Merged 2 297,852 76 2017 Taxable Tax Allocation Refunding
Bonds, Series B
Reserves 11/15/2017 09/01/2034 US Bank Reserve for September 1 Debt Service Merged 2 3,622,853 Item 1M - Page 12
A
Item
#
3 7
8 9
33 44
62 66
71 73
74 75
76 L
25-26A
(Jul-Dec)
RPTTF
$6,050
-
-
-
6,050
-
-
-
-
-
-
-
-
-
O P Q
25-26B (Jan-Jun)
Other
Funds RPTTF Admin
RPTTF
$8,976 $2,662,764 $38,992
2,168 34,832 -
- 5,150 -
- - -
- 3,300 -
6,808 - -
- 142,000 -
- 143,375 -
- 663,375 -
- - -
- 197,000 -
- 1,037,000 -
- 55,866 -
- 380,866 -
T
26-27A
(Jul-Dec)
RPTTF
$6,655
-
-
-
6,655
-
-
-
-
-
-
-
-
-
X Y
26-27B (Jan-Jun)
RPTTF Admin
RPTTF
$2,671,514 $39,600
33,776 -
10,600 -
- -
3,630 -
- -
143,776 -
130,375 -
675,375 -
- -
176,000 -
1,061,000 -
50,991 -
385,991 -
AB
27-28A
(Jul-Dec)
RPTTF
$7,155
-
-
500
6,655
-
-
-
-
-
-
-
-
-
AF AG
27-28B (Jan-Jun)
RPTTF Admin
RPTTF
$2,672,789 $39,900
30,398 -
10,600 -
- -
3,630 -
- -
145,398 -
116,750 -
691,750 -
- -
153,875 -
1,083,875 -
45,756 -
390,757 -
AJ
28-29A
(Jul-Dec)
RPTTF
$7,155
-
-
500
6,655
-
-
-
-
-
-
-
-
-
AN AO
28-29B (Jan-Jun)
RPTTF Admin
RPTTF
$2,679,264 $40,700
26,867 -
10,600 -
- -
3,630 -
- -
151,867 -
102,375 -
702,375 -
- -
130,625 -
1,110,625 -
40,150 -
400,150 -
AR
29-30A
(Jul-Dec)
RPTTF
$6,655
-
-
-
6,655
-
-
-
-
-
-
-
-
-
AV AW
29-30B (Jan-Jun)
RPTTF Admin
RPTTF
$2,665,888 $41,000
23,029 -
10,600 -
- -
3,630 -
- -
153,029 -
87,375 -
717,375 -
- -
106,125 -
1,131,125 -
34,300 -
399,300 -
AZ
30-31A
(Jul-Dec)
RPTTF
$7,321
-
-
-
7,321
-
-
-
-
-
-
-
-
-
BD BE
30-31B (Jan-Jun)
RPTTF
Admin
RPTTF
$2,688,795 $41,300
19,037 -
11,650 -
- -
3,994 -
- -
159,038 -
71,625 -
736,625 -
- -
80,500 -
1,170,500 -
27,913 -
407,913 -
Item 1M - Page 13
A
Item
#
3 7
8 9
33 44
62 66
71 73
74 75
76 BH
31-32A
(Jul-Dec)
RPTTF
$7,321
-
-
-
7,321
-
-
-
-
-
-
-
-
-
BL BM
31-32B (Jan-Jun)
RPTTF Admin
RPTTF
$2,694,147 $42,200
14,738 -
11,650 -
- -
3,994 -
- -
164,739 -
55,000 -
750,000 -
- -
53,250 -
1,203,250 -
21,263 -
416,263 -
BP
32-33A
(Jul-Dec)
RPTTF
$8,071
-
-
750
7,321
-
-
-
-
-
-
-
-
-
BT BU
32-33B (Jan-Jun)
RPTTF Admin
RPTTF
$2,691,860 $42,500
10,133 -
11,650 -
- -
3,994 -
- -
170,133 -
37,625 -
767,625 -
- -
36,000 -
1,221,000 -
14,350 -
419,350 -
BX
33-34A
(Jul-Dec)
RPTTF
$8,071
-
-
750
7,321
-
-
-
-
-
-
-
-
-
CB CC
33-34B (Jan-Jun)
RPTTF Admin
RPTTF
$2,690,810 $42,900
5,220 -
11,650 -
- -
3,994 -
- -
175,220 -
19,375 -
794,375 -
- -
18,225 -
1,233,225 -
7,263 -
422,263 -
CF
34-35A
(Jul-Dec)
RPTTF
$1,500
-
-
1,500
-
-
-
-
-
-
-
-
-
-
CJ CK
34-35B (Jan-Jun)
RPTTF Admin
RPTTF
$1,500 $17,900
- -
1,500 -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
Item 1M - Page 14
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B203 WITH
VETERANS COMMUNICATION SERVICES, INCORPORATED AND
24B204 WITH DATASTREAM TECHNOLOGY CONSULTING FOR ONCALL LOW VOLTAGE CABLING SERVICES FROM: Scott C. Stiles, City Manager
BY: Department of Information Technology
SUMMARY:
This action will approve two Service Agreements: No. 24B203 with Veterans Communication Services, Incorporated, in an amount not to exceed $700,000; and Agreement No. 24B204 with Datastream Technology Consulting, in an amount not to exceed $300,000, for on-call low voltage cabling services.
RECOMMENDATION:
1. Approve Contract Services Agreement 24B203 (Attachment A) with Veterans Communication Services, Incorporated to provide on-call low voltage cabling services in an amount not to exceed $700,000 for the initial three-year term beginning September 16, 2024 through September 15, 2027, with two one-year extension options at the City’s sole discretion; and
2. Approve Contract Services Agreement 24B204 (Attachment B) with Datastream Technology Consulting to provide on-call low voltage cabling services in an amount not to exceed $300,000 for the initial three-year term beginning September 16, 2024 through September 15, 2027, with two one-year extension options at the City’s sole discretion; and
3. Authorize the City Manager or his designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure forms (Attachments C and D) Veterans Communication Services, Incorporated and Datastream Technology Consulting are both registered in the State of California.
Item 1N - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Award On-Call Low Voltage Cabling Services Contracts
BACKGROUND:
The City of Palm Springs Information Technology (IT) Department has a need for two oncall low voltage cabling contractors. The contractors will provide work on a task order basis as needs arise. The IT Department has multiple projects that require low voltage cabling and or maintenance. Additionally, future expansions and renovations will require low voltage cabling. The IT Department expects to spend up to $1,000,000 over the next three years on low voltage projects.
STAFF ANALYSIS:
The proposed contracts with Veterans Communication Services, Incorporated and Datastream Technology Consulting are on-call, as-needed type contracts. The bids were used to determine the lowest, responsive, responsible bidders and to set the unit rates for the contracts; however, the actual amount of the contracts are based on the budgeted amount set by the Department and will therefore not match the bid amounts.
An Invitation for Bids (IFB 24-27) was initiated by the City’s Procurement and Contracting Department on July 24, 2024, based on the Department of Information Technology specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Five bids were received by the August 20, 2024, deadline as follows:
Vendor Bid
Veterans Communication Services, Incorporated – Chino, CA $861,750.00 Datastream Technology Consulting – Riverside, CA $867,450.00 Endless Endeavors DBA Precision Technologies – Riverside, CA $869,250.00 GA Technical Services, Inc. – Glendora, CA $892,875.00
Immanuel Services Inc dba Supreme Electric – Los Angeles, CA $906,937.50 The Department’s intent for this solicitation was to award two contracts to the two lowest responsive, responsible bidders. Veterans Communication Services, Incorporated will be the primary contract and Datastream Technology Consulting will be the secondary. The Department will reach out to the primary contract holder first and if they are unable to perform the work, the Department will reach out to the secondary contract holder.
The unit pricing is fixed for the first year and subject to CPI increase in the following years.
Staff recommends approval of Contract Services Agreement No. 24B203 with Veterans Communication Services, Incorporated for the initial three-year term in the amount not to exceed $700,000 as the primary, effective September 16, 2024 through September 15, 2027, with two one-year optional renewals at the sole discretion of the City, and Contract Services Agreement No. 24B204 with Datastream Technology Consulting for the initial three-year term in the amount not to exceed $300,000 as the secondary, effective September 16, 2024 through September 15, 2027, with two one-year optional renewals Item 1N - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Award On-Call Low Voltage Cabling Services Contracts
at the sole discretion of the City.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Optimize basic services and facilities.
FISCAL IMPACT:
The proposed agreements establish on-call services for the City with a maximum value of $1,000,000. The scope of these services will vary based on the number and type of projects assigned to the contracted firms. The annual demand for on-call services under these agreements is uncertain and may fluctuate significantly from year to year.
REVIEWED BY:
Department Director: Larry Klingaman
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement No. 24B203
B. Contract Services Agreement No. 24B204
C. Public Integrity Disclosure – Veterans Communication Services, Incorporated D. Public Integrity Disclosure – Datastream Technology Consulting Item 1N - Page 3
ATTACHMENT A
Item 1N - Page 4
CONTRACT SERVICES AGREEMENT 24B203
ON-CALL LOW VOLTAGE CABLING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on September 16, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Veterans Communication Services, Incorporated, a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm to provide on-call low voltage cabling services, (“Project”).
B. Contractor has submitted to City a Bid to provide on-call low voltage cabling 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.
2. TIME FOR COMPLETION
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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 $700,000.00.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director.
Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and 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.
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The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on September 16, 2024, and ending on September 15, 2027, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.
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: Mark Montgomery, CEO. 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, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the Item 1N - Page 7
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:
(to be determined)
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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
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Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services.
The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
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8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
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
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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, 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, CA 92262
To Contractor: Veterans Communication Services, Incorporated Attention: Mark Montgomery
14730 Central Ave.
Chino, CA 91710
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 Item 1N - Page 11
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.
11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND VETERANS COMMUNICATION
SERVICES, INCORPORATED
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______________ Item No. _______________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Background:
The City of Palm Springs Information Technology (IT) department has a need for an oncall low voltage cabling contractor. The contractor will provide work on a task order basis.
City has multiple projects that require low voltage cabling and or maintenance.
Additionally, future expansions and renovations will require low voltage cabling. The City expects to spend $1,000,000 over the next 3 years on low voltage projects.
1.2 Scope:
A. Contractor shall furnish labor, materials, and equipment to perform structured low voltage cabling maintenance and installation services on an as-requested basis in city facilities. The scope of Work shall include, but is not limited to: general structured cabling repairs, installation, removal of old cabling, troubleshooting, testing, inspecting, wire management, wire testing and repair, cable pulling, low voltage, fiber optic cabling and other work normally under the jurisdiction of a licensed electrical construction contractor, the National Electrical Contractors Association and the Sound Public Address and Communication Employees Association (Work). This may include project estimation and budgeting of work.
B. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays.
C. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.
In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.
D. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.
E. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property.
F. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.
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G. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the IT Director or Assistant IT Director.
H. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.
I. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.
City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.
J. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Contractor must abide by PSP’s requirements for visiting City buildings, including wearing required face coverings when applicable. Contractor vehicles must display company name and logo.
K. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant by PSP will be removed immediately and replaced within twenty-four (24) hours.
Contractor’s employees must submit to weapons screening as directed.
Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of the City’s present and future rules and regulations regarding conduct on the premises.
L. Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.
M. Any personnel of Contractor assigned to perform services at the Palm Springs International Airport is responsible for Security access badging all necessary staff and for the Signatory Authority required to gain SIDA access. Additional information regarding the badging process can be found at:
https://flypsp.com/business/badging-aoa-permits/.
1.3 Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.
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3. The City will only pay for the items listed on the bid form. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.
1.4 Payment:
The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.
1.5 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].
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ATTACHMENT Gi
IBm lFORM
IINiVITATl'ON FOR BIIDS (IIFB 24,.27t
ON'-C:ALL LOW VOLJA,GE ,CABLIING SERVICES
Responding to this IFB for on-call low vo1lt.age cabli · g seruices, the u1ndersi:g1ned bidder proposes arid agr,ees 'to provide the services andl work in accordance wi,th the specifications_ Bidder pr,oposes and agrees to tumish, alll !labor, e,q,uipmenr1, materials, supellVis1ion, ali'tdl service nec·ess;1_ry to, complete said Wmk in accordance wi~h the Speoifications ofthe Oity of Palm Spring1s and willl aroep1. as · Lill paymen1 therefore, the following unlit c·O<St amounts- Th:e City of Palm Springs will not accept any additiona'I charges, fees, etc. th at are not already included or incorporated in the below unut. costs.
IJEM DESCRIIPTION UNIT ESilMATED I UN'IT PRICE SIILJBTOTAL I 1
QUANmlTY
1 Regular Bi lling Rate HR 750 $85 $63,750_00 (7:00AM - S: OOPM) 2 Ov,ertlme IBillin91 Rat,e HIR 5-25, $120 $63,000.00 t 5:00PM - 7: 00AM) 3 Holiday Billing Rate HIR 150 $120 $,18 ,ooo_oo ,(Saturdav/SundavlHol idav) Parts and Materials ,(Erner your
% mark-iup for parts & materials)
4 ( xample for- 10% enter 1.10; for % $450,000 8% $486 ,,000.001 15% enter 1. 15; for 20% en~er
1.20)
Equ~pment Rental (E.nter your%
mark~up for equipment re11tal!s)
5 (Example · ,or 110% ,enter 1 _ 10; for % $75.,000 ,8,% $811,000.00, 15% enter 1.15; for 20% enter
1.20)
Subcomracto1' (Enter your %
mark~up 'for subconrtractors}
6 (!Example for 110% ,en·ler 1 .. 10; for % $150,000 0% $150,000.00 15% eme r 11. 15; for 20% enter
1.20)
TOTAL (Ente:r this amount in, IPla1ne~Btds~ $861, 760.001 *NOTE: This b-d 'form is to deter ine th.e lowest bidder ain.dl willl be used to establllsh 1he contmo1:
1Jnit prices . The co:ntract willl be, set at the City budget amount Total budgeted amoumrt for this ,contract woulcl be split between primary comrac (70%), and secondary contraci (30%) ..
Firm !Name: Veterans Gommunicalion Services I c
DIR !Number: 11000397621
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Stgnature of Authorized Person: - - ... d:- ., .... _·_._ ._.•·_· .•. _._· _· - ~- ·- -·-·· _ · _. _.· .. _' __ -__ Printed Name: Mark Mo:ntgomery
Title: CEO
Date: 8/20/2024 -----~===..,_---------~------- --
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1N - Page 20
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 Invitation 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 to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
Item 1N - Page 21
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
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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”
Item 1N - Page 24
ATTACHMENT F
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITAT!ION FOR BIDS (IFB 24-27)
ON•CALL LOW VOLTAGE CABLING 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 otherwiise 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:
Printed Name: Mark Montgomery
Title: CEO
Firm Name: Veterans Communication Services Inc
Date:_~_ j'-----""' /5~ )<.......::...- 2-j: __,,__ __
ATTACHMENT B
Item 1N - Page 25
CONTRACT SERVICES AGREEMENT 24B204
ON-CALL LOW VOLTAGE CABLING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on September 16, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Datastream Technology Consulting, a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm to provide on-call low voltage cabling services, (“Project”).
B. Contractor has submitted to City a Bid to provide on-call low voltage cabling 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.
2. TIME FOR COMPLETION
Item 1N - Page 26