Agenda packet — Palm Springs City Council, September 12, 2024 (part 4 of 8)

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 $300,000.00.

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: Sergio Ruiz, RMO. 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 same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

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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
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.

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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.

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.

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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

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 Item 1N - Page 31

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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: Datastream Technology Consulting
Attention: Sergio Ruiz
7106 Orchard St.

Riverside, CA 92504

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

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

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining Item 1N - Page 32

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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 DATASTREAM TECHNOLOGY

CONSULTING
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 G

BID FORM
INVITATION FOR BIDS (IFB 24-27)

ON-CALL LOW VOLT AGE CABLING SERVICES
Responding to this IFB for on-call low voltage cabling serv ices, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accei:t as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc . that are not already included or incorporated in the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SU BTOTAL QUANTITY 1 Regular Billing Rate HR 750 $65 $48,750 (7:00AM - 5:00PM) 2 Overtim e Billing Rate HR 525 $88 $46,200 (5:00PM - 7:00AM ) 3 Holiday Billing Rate HR 150 $135 $20,250 (Saturday /Sunday /Holiday) Parts and Materials (Enter your
% mark-up for parts & materials)
4 (Example for 10% enter 1.10; for % $450,000 11.15 $517,500 15% enter 1.1 5; for 20% enter

1.20)
Equipment Rental (Enter your %
mark-up for equipment rentals)
5 (Example for 10% enter 1.10; for % $75,000 11.03 $77,250 15% enter 1.15; for 20% enter

1.20)
Subcontractor (Enter your %
mark-up for subcontractors)
6 (Example for 10% enter 1.10; for % $150,000 11.05 $157,500 15% enter 1.1 5; for 20% enter

1.20)
TOT AL (Enter this amount in PlanetBids) $867,450
*NOTE: This bid form 1s to determine the lowest bidder and w ill be used to establish the contract unit prices. The contract will be set at the City budget amount. Total budgeted amount for this contract would be split between primary contract (70%) and secondary contract (30%).

Firm Nam e: DATASTREAM TECHNOLOGY CONSUL TING
DIR Number: 1001 186328 I
Signature of Authorized Person: -~--..-:;...·_O. _ ._~ __ =>_""""_~_,._,, __ _ Printed Nam e: SERGIO RUIZ
ntle: RMO
Date: 8/15/2024

Page 15 of 19 ends

EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1N - Page 40

Page 16 of 19 ends

INSURANCE

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

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

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

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

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

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

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

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s 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 41

Page 17 of 19 ends

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.

Item 1N - Page 42

Page 18 of 19 ends

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 1N - Page 43

Page 19 of 19 ends

EXHIBIT “C”
Item 1N - Page 44

ATTACHMENT F
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION 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 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 be'low is duly authorized to legally bind the Contractor. This certification is made under the laws ci the State of California.

Signature: 5-¥0. ~ I
Printed Name:SERGIO RUIZ
Title:RMO
Firm Name: DATASTREAM TECHNOLOGY CONSULTING
Date: 8/15/2024

ATTACHMENT C

Item 1N - Page 45
Item 1N - Page 46

1. Name of Entity:

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Veterans Communication Services, Inc

2. Address of Entity (Principal Place of Business)
14730 Central Ave Chino, Ca 91710

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

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No 5 . Type of Entity
.,, Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
[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 Discl~ arty, Printed Name, Title Date
~ -- /1~/2<-J
P-- Mark Montgomery -CEO

ATTACHMENT D
Item 1N - Page 48
Item 1N - Page 49
1,

2. 3.

4. 5,
Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

DATASTREAM TECHNOLOGY CONSUL TING
Address of Entity (Principal Place of Business)
7106 ORCHARD ST. RIVERSIDE, CA 92504
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State

CALIFORNIA
If other than California, is the Entity also registered in California? O Yes O No Type of Entity
!XI Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

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

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

SERGIO RUIZ 40%, DataStream Technology Cons,ulting
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
B.

CLAUDIA VELADOR 60%, DataStream Technology Consulting
[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 S..,;-0~
SERGIO RUIZ, RMO 8/15/2024

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS REHABILITATION, CITY PROJECT 21-05
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Formal City Council acceptance of the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation, City Project 21-05, is required to document the completion of public works improvements to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation, City Project 21-05 (“Project”), as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation, City Project 21-05; and

3. Appropriate $92,869.87 from the Wastewater Fund balance.

BACKGROUND:

On June 5, 2023, the City Council awarded a construction contract to Unified Field Services Corporation in the amount of $2,167,854 for the Project. The initial scope of work included eleven (11) sludge drying beds that required rehabilitation, which were installed and placed into operation in 1982. Construction started on September 25, 2023, and since then there have been three contract change orders approved per the following:
• Contract Change Order No 1 – Additional concrete needed to be demolished, removed, and new concrete poured on both sides of the center trench for sludge drying beds 16 to 18, along with additional concrete testing.

Item 1O - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Accept WWTP Sludge Drying Beds
• Contract Change Order No. 2 – The existing, buried 30 mil PVC liner was found to be brittle and not suitable to adhere to the proposed 30 mil PVC liner. The City requested that the subject material be removed and replaced. • Contract Change Order No. 3 – The demolition of a concrete block wall and removal of underlying substrate for sludge drying beds 16 to 18, and installation of new concrete walls with footings for sludge drying beds 19 to 26.

STAFF ANALYSIS:

Construction of the Project started July 19, 2023, and was determined to be substantially complete on December 12, 2023. Staff recommends City Council accept the completed Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the WWTP Sludge Drying Beds, City Project No. 21-05, is considered categorically exempt from CEQA, and a Notice of Exemption was filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A, Improve City Facilities – prioritize deferred maintenance.

FISCAL IMPACT:

There is one (1) balancing change order in the amount of $92,869.87 related to increased/decreased line-item bid costs. Sufficient funds are available in the Wastewater Fund Balance to cover the appropriation for this final balancing change order. With the modifications to the project, the final construction cost is $3,294,197.15. The final balancing change order is included as Attachment B. The City is holding retention funds in the amount of $164,709.86 for Unified Field Services Corporation pending the filing the Notice of Completion with the County Recorder’s Office.

REVIEWED BY:

Department Director: Francisco Jaime, P.E.

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1O - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Accept WWTP Sludge Drying Beds
ATTACHMENTS:

A. Notice of Completion
B. Final Balancing Change Order
Item 1O - Page 3
Attachment A
Item 1O - Page 4
Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy, etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
⁭ Completion of the work of improvement as a whole.
⁭ Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of ________________________ State of California, and is described as follows:
___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:
___________________________________________________________________________________________________________ I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

Item 1O - Page 5

Page 2 of 2 ends

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at _____________________________________________________ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
Joel Montalvo/City Engineer
City of Palm Springs

PROOF OF SERVICE DECLARATION
a.
b.
c. ⁭
_____________________________________________________________ (Signature of Person Making Service)

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _________________________________________, ________ (date), before me, ____________________________________________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item 1O - Page 6
Attachment B
Item 1O - Page 7

Page 1 of 1 ends

CITY OF PALM SPRINGS
FINAL BALANCING CONTRACT CHANGE ORDER No. 4
CP 21‐05 WWTP Sludge Drying Beds
Contractor: Unified Field Services Date: August 26, 2024

CONTRACT CHANGE ORDER SUMMARY
The Construction Manager (CM) prepared an itemized accounting of the credits for work the Contractor did not perform, was changed via change order or was deleted from the original contract bid items. This also included additional costs from adjusted quantities incurred by the Contractor since Contract Change Order No. 3. The accounting in full was presented to the Contractor for review. The Contractor returned the accounting with their adjusted pricing, which was discussed between the City’s Project Manager and CM, resulting in a scheduled meeting to discuss the final adjustments.

On August 20, 2024, the City’s Project Manager, the CM, and the Contractor met (online) to discuss and negotiate the final costs.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Credit for work not performed, changed or deleted from original contract 1 LS ($83,859.12) 02 Additional costs from adjusted quantities 1 LS $176,728.99 Total Lump Sum Change Order Amount: $92,869.87
CHANGES TO CONTRACT TIME:

The Contractor is not requesting any additional working days.

Source of Funds:

Sufficient funds are available from the Wastewater Capital Improvement Projects Fund.

Summary of Costs:

Original Contract Amount: $2,167,854.00 Construction Start Date: 09/25/2023 Previous Change Orders: $1,033,473.28 Previous Agreed Completion Date: 08/26/2024 This Change Order Amount: $92,869.87 Working Days Added: 0 Revised Contract Amount: $3,294,197.15 Revised Completion: 08/26/2024 I have received a copy of this Change Order, and the above AGREED PRICES are acceptable.

Unified Field Services
Scott Reynolds, Project Manager Date
City of Palm Springs
Recommended By:

Joel Montalvo, City Engineer Date
Approved By:

Scott Stiles, City Manager Date

Attest By:

Brenda Pree, City Clerk Date

Item 1O - Page 8

I I I I I
55575.18100\42615986.1

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. ____, ENTITLED “AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND SECTION 10.20.070
“OWNER’S LIABILITY TO CITY WHEN REDEEMING ANIMAL FROM
PURCHASER”, AND AMENDING SECTION 10.20.030 REGARDING
“DISPOSITION OF UNCLAIMED ANIMALS.”
FROM: Scott C. Stiles, City Manager
BY: Jeffrey Ballinger, City Attorney
SUMMARY:

The proposed Ordinance seeks to delete Sections 10.20.060 and 10.20.070 of the Palm Springs Municipal Code to Amend Section 10.20.030 regarding the disposition of unclaimed animals. This Ordinance will allow impounded animals to be claimed within seven days, rather than five, after being impounded and will remove the ability of prior pet owners to reclaim their animals after they have been impounded, not retrieved within seven days, and then adopted out. The proposed ordinance was introduced on July 25, 2024.

RECOMMENDATION:

Conduct second reading by title only and adopt an Ordinance entitled:
“AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM
PURCHASER” AND SECTION 10.20.070 “OWNER’S LIABILITY TO CITY WHEN REDEEMING ANIMAL FROM PURCHASER”, AND AMENDING SECTION

10.20.030 REGARDING “DISPOSITION OF UNCLAIMED ANIMALS.”

STAFF ANALYSIS
On July 25, Ordinance No. ____ was introduced for first reading, as noted below:

Item 1P - Page 1
55575.18100\42615986.1
City Council Staff Report
September 12, 2024 -- Page 2
Second Reading Animal Redemption Ordinance

AYES: Mayor Bernstein; Mayor Pro Tem deHarte; Councilmember Middleton; Councilmember Garner; Councilmember Holstege STAFF ANALYSIS:

At the July 25, 2024 Council meeting, the Council considered and introduced an ordinance that will allow impounded animals to be claimed within seven days, rather than five, after being impounded and will remove the ability of prior pet owners to reclaim their animals after they have been impounded, not retrieved within seven days, and then adopted out. At the time of the first reading, the Council did not make any changes to the ordinance.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Proposed Ordinance
Item 1P - Page 2
55575.18100\42615986.1

ATTACHMENT A
Item 1P - Page 3
55575.18100\42616010.1
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S
RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND
SECTION 10.20.070 “OWNER’S LIABILITY TO CITY WHEN
REDEEMING ANIMAL FROM PURCHASER”, AND
AMENDING SECTION 10.20.030 REGARDING
“DISPOSITION OF UNCLAIMED ANIMALS”
City Attorney’s Summary
This Ordinance will allow impounded animals to be claimed within seven days, rather than five, after being impounded and will remove the ability of prior pet owners to reclaim their animals after they have been impounded, not retrieved within seven days, and then adopted out.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 10.20.060 entitled “Owner’s right to redeem animal from purchaser” is hereby deleted in its entirety and is reserved, as follows. “Section 10.20.060 Owner’ s right to redeem animal from purchaser. Reserved.

The owner of any impounded animal may, at any time, within thirty days after sale by the animal control officer, redeem such animal from the purchaser by paying him the sum of money computed by adding the following amounts: the purchase price paid to the animal control officer, any license fee paid and rabies vaccination costs incurred, and in addition thereto a sum equal to rates established pursuant to Section 10.20.080 for daily care and feeding per day for the number of days from the date of sale to and including the date of redemption by the owner.”
SECTION 2. Section 10.20.070 entitled “Owner’s liability to city when redeeming animal from purchaser” is hereby deleted in its entirety and is reserved, as follows:
“10.20.070 Owner’s liability to city when redeeming animal from purchaser.

Reserved.

In each case where the owner of an impounded animal redeems the same from the purchaser, irrespective of whether payment was made as prescribed in Section 10.20.060, such owner shall be liable for payment to the animal control officer of all fees prescribed pursuant to Section

10.20.080 for impounding and for daily care and feeding of the animal incurred during the impoundment, deducting therefrom the sale price paid Item 1P - Page 4
55575.18100\42616010.1
to the animal control officer by the purchaser. The amount of the owner’s liability under this section shall be deemed a debt to the city, and an action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any such debt.”
SECTION 3. Section 10.20.030 of the Palm Springs Municipal Code entitled “Disposition of unclaimed animals” is amended to read as follows:
“10.20.030 Disposition of unclaimed animals.

All animals impounded at the city animal shelter shall be provided with proper and sufficient food and water. Unless unlicensed animals have been claimed within five seven days after being impounded, or licensed dogs seven days and after the notification provided for in Section 10.20.020, they may be sold by the animal control officer to the person offering to pay a cash amount set by the animal control officer unless, in the sole discretion of the animal control officer any such animal shall be deemed unsuitable for adoption; provided that the purchaser adopter shall not be given possession of any dog until he the adopter shall have paid to the animal control officer the license fee for such dog and until he the adopter shall have made appropriate arrangements for any necessary rabies vaccination. If any dog or other animal impounded by the animal control officer shall not have been claimed within said period and cannot be sold within a reasonable time thereafter, it may be destroyed by the animal control officer in a humane manner. In lieu of destruction, animals, except those deemed unsuitable for adoption, may be released without charge to any humane organization that provides for an animal adoption service. The animal control officer shall maintain a file describing each animal impounded in the city animal shelter, beginning on the day any such animal is taken or delivered into the possession of the animal shelter.”
SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

Item 1P - Page 5
55575.18100\42616010.1

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS ____ DAY OF ___________________, 2024.

JEFFREY BERNSTEIN
MAYOR
ATTEST:

BRENDA PREE

CITY CLERK
Item 1P - Page 6

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT TO CONTRACT SERVICES AGREEMENT NO. 23P188 WITH NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES,
INC., FOR CDBG HOME REHABILITATION PROGRAM
FROM: Scott C. Stiles, City Manager
BY: Housing and Community Development Department
SUMMARY:

The proposed action will amend the contract with Neighborhood Partnership Housing Services, Inc. (Contractor) for the CDBG Home Rehabilitation Program. Amendment No. 1 (Attachment A) increases the contract funding by $112,873.19 in Community Development Block Grant (CDBG) funding, bringing the total contract amount to $525,139.19. The amendment also increases the maximum allowable per-project rehabilitation amount from $25,000 to $35,000 and incorporates additional federal CDBG provisions into the program guidelines.

RECOMMENDATION:

1. Approve Amendment No. 1 to Contract Services Agreement No. 23P188 with Neighborhood Partnership Housing Services, Inc. to add $112,873.19 for project rehabilitation costs, for a new not to exceed amount of $525,139.19; clarify the term has options to extend for two additional one-year terms; and to incorporate the CDBG Federal Provisions.

2. Approve the revised CDBG Owner Occupied Home Rehabilitation Program Guidelines.

3. Authorize the City Manager or his designee to make minor non-substantive changes and to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form is provided as Attachment B. Neighborhood Partnership Housing Services, Inc. is registered in the state of California.

Item 1Q - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Amendment No. 1 to Home Rehabilitation Program Contract BACKGROUND:

The City Council previously approved Contract Services Agreement No. 23P188 with NPHS on September 14, 2023, to manage the CDBG Home Rehabilitation Program, which aims to provide grants for necessary home improvements to qualified low- to moderate-income homeowners. The original contract amount was set at $412,266, with a maximum grant amount of $15,000 per household.

STAFF ANALYSIS:

The Contractor is providing residential rehabilitation activities that benefit low-andmoderate income residents. Eligible activities will be funded from the City’s Program Year (PY) 2023-2024 CDBG allocations.

Under this program the City provides grants to qualified low- to moderate-income homeowners to make needed home improvements. Grants would be available to address code deficiencies, eliminate blight, and improve handicapped accessibility. As amended, the maximum grant amount will be $35,000 per household and will be provided on a first come/first-served basis to qualified applicants. Grant funds may only be used for costs of services and materials necessary to carry out City approved repair work. The goals for this activity are to serve approximately 10 Low- or Moderate-Income Palm Springs households City-wide.

The City shall be responsible for processing resident applications and determining eligibility. This includes pre-construction communication with the client, managing the City’s waitlist, and tracking demographic information. The City will communicate with the client and Contractor regarding home rehabilitation work to be performed. Full responsibilities for the City and the contractor are laid out in the CDBG Program Guidelines.

The proposed amendments to the contract address the following changes:

1. Funding Increase: The contract amount will be increased by $112,873.19, bringing the total available funding to $525,139.19. Per resolution No. 25193, this increase is intended to enhance the program's capacity to address our community’s extensive rehabilitation needs.

2. Per-Project Grant Increase: The maximum grant amount per project will be increased from $25,000 to $35,000. This change aligns with the increased costs of materials and labor, ensuring that the program can adequately address significant rehabilitation needs.

3. Federal CDBG Provisions: The contract will incorporate additional federal CDBG provisions to ensure compliance with federal regulations.

Item 1Q - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Amendment No. 1 to Home Rehabilitation Program Contract Program Guidelines
The Department of Housing and Urban Development (HUD) requires that municipalities have program guidelines for federally funded programs, like the Community Development Block Grant. The updated written guidelines describe implementation specifications and responsibilities that have been utilized historically and conform to federal requirements.

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:

Approval of this action supports City Council priority 1C, Quality of Life – Affordable Housing.

FISCAL IMPACT:

There is no direct fiscal impact to the General Fund with this action. Sufficient funds in the amount of $112,873.19 are available to cover the additional costs of Amendment No. 1 from the Community Development Block Grant Fund (137).

REVIEWED BY:

Department Director: Jay Virata
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment No. 1
B. Public Integrity Disclosure
C. Revised Owner-Occupied Home Rehabilitation Program Guidelines Item 1Q - Page 3

ATTACHMENT A
Item 1Q - Page 4

Page 1 of 3 ends

Revised: 10.31.23
AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT
23P188

BETWEEN THE CITY PALM SPRINGS AND NEIGHBORHOOD
PARTNERSHIP HOUSING SERVICES, INC.

1. Parties and Date.

This Amendment No. 1 to the Contract Services Agreement 23P188 (“Agreement”) is made and entered into as of this 12th day of September 2024, by and between the City of Palm Springs (“City”) and Neighborhood Partnership Housing Services, Inc., a California Nonprofit Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Contract Services Agreement 23P188” dated September 14, 2023, for the purpose of providing a CDBG home rehabilitation program for an amount not to exceed $412,266 and a term from September 19, 2023 to September 18, 2024, approved by City Council on September 14, 2023.

2.2 Amendment. The City and Contractor desire to amend the Agreement to clarify the term of the original agreement has options to extend for two additional one year terms, increase the compensation, and incorporate the CDBG Federal Provisions.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

3.1 Compensation to Contractor. Section 3.1 of the Agreement is hereby amended in its entirety, to add $112,506 to item 2, Allowance for Subcontractor Work, to read as follows:
“Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Attachment “A”. The total amount of Compensation for the first term ending September 14, 2024, shall not exceed $525,139.19”.

3.2 Section 12 Federal Provisions is hereby added in its entirety to read as follows:
“Since funding for the Services is provided, in whole or in part, by the Department of Housing and Urban Development’s Community Block Grant Program, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between

ATTACHMENT A
Item 1Q - Page 5
i----

Page 2 of 3 ends

Revised: 10.31.23
such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.”
“Exhibit D attached hereto and incorporated herein by reference.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.4 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. 1.

3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 1 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]
Item 1Q - Page 6

Page 3 of 3 ends

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC.

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

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

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

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

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1Q - Page 7

ATTACHMENT B
Item 1Q - Page 8

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Neighborhood Partnership Housing Services, Inc.
9551 Pittsburgh Ave., Rancho Cucamonga, CA 91730
California
Clemente Mojica
Solon Escobar
Jesse Ibarra
x
x
x
x
Item 1Q - Page 9
I l
-
~
-
-
-
-
L

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 8/8/23
Item 1Q - Page 10
c{/
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ATTACHMENT C
Item 1Q - Page 11
1 City of Palm Springs

OWNER OCCUPIED HOME REHABILITATION

PROGRAM GUIDELINES
City of Palm Springs | Housing and Community Development Department 3200 E Tahquitz Canyon Way | PO Box 2743 | Palm Springs, CA 92263-2743 Item 1Q - Page 12
Like no place else™

EQUAL HOUSING

OPPORTUNITY
2 Table of Contents
Section 1 - GENERAL AUTHORITY AND DEFINITIONS.........................................................................3 Section 2 - PROGRAM PURPOSE.................................................................................................................4 Section 3 - PUBLIC AWARENESS................................................................................................................4 Section 4 - QUALIFICATIONS ......................................................................................................................5 Section 5 - ELIGIBILITY INCOME GUIDELINES ......................................................................................6 Section 6 - PROGRAM LIMITATIONS.........................................................................................................6 Section 7 - LOAN PROGRAM REQUIREMENTS........................................................................................6 Section 8 - INFORMATION REQUIRED FROM ALL APPLICANTS........................................................6 Section 10 - PROGRAMS AVAILABLE .......................................................................................................7 GRANTS.............................................................................................................................. 7 Section 11 -LEAD BASE PAINT TESTING AND LEAD HAZARD REDUCTION PLAN........................8 Section 12 - PROGRAM IMPLEMENTATION.............................................................................................9 Section 13 - CONFLICT OF INTEREST......................................................................................................11 Section 14 - STAFF INSPECTION- PLANS - SPECIFICATIONS.............................................................11 Section 15 - REHABILITATION PLANS & SPECIFICATIONS ...............................................................12 Section 16 - REHABILITATION..................................................................................................................12 Section 17 - OBTAINING BIDS FOR CONSTRUCTION ..........................................................................13 Section 18 - PREPARATION, RECEIPT AND OPENING OF BIDS .........................................................14 Section 19 - QUALIFICATIONS OF BIDDERS..........................................................................................14 Section 20 - CONSTRUCTION ....................................................................................................................15 Section 21 - CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES...........................................15 Section 22 - GUARANTEES & WARRANTIES .........................................................................................17 Section 23 – REHABILITATION DEFICIENCIES .....................................................................................18 Section 24 - SUB-CONTRACTORS.............................................................................................................19 Section 25 - GRIEVANCE POLICY.............................................................................................................19 Section 26 - CONTRACT PROVISIONS .....................................................................................................19 Item 1Q - Page 13
3 Section 1 - GENERAL AUTHORITY AND DEFINITIONS

1. LEGAL AUTHORITY FOR REHABILITATION GRANTS: Housing Rehabilitation grants are authorized under the U.S. Department of Housing and Urban Development Regulations.

2. DEFINITIONS: Following are definitions of various terms as used with respect to housing rehabilitation grants:
a. APPEALS: Housing and Community Development Director will serve to consider written request for reconsideration of staff’s determinations on program guidelines and eligibility. b. HOUSING AND COMMUNITY DEVELOPMENT: A department of the City of Palm Springs responsible for the general operation of the program, which includes but is not limited to the initial contact with property owners, preparation of plans and specifications, processing of all grant documents, securing contractors for the owners, inspecting the work, and counseling with grant recipients as needed, providing direction and instructions to contractors, processing payments and maintaining all program files..
c. HUD: The United Stated Department of Housing & Urban Development. d. OWNER-OCCUPIED PROPERTY: A property that is owned and occupied by the applicant and is used entirely for residential purposes.
e. PRIORITY NEED: From the first come first serve list. In the event the home is damaged and habitation is no longer safe, priority will be given for loss due to natural disasters such as hurricane, fire, flood, etc. upon approval of the Housing and Community Development Director.

A separate first come first serve waiting list is established for catastrophic loss. f. REHABILITATION: term may be used interchangeably to refer to Rehabilitation projects throughout this handbook.
g. REHABILITATION COST: The total cost of repairs and improvements and other associated costs with the rehabilitation project.
h. VARIANCES: The Housing and Community Development Director will serve to consider written variances for exceptions to program guidelines. i. VOLUNTARY WITHDRAWAL: Applicants who choose to withdraw from the waiting list will be withdrawn immediately from the waiting list. Applicants who reapply for assistance will be considered new applicants.

Item 1Q - Page 14
4 Section 2 - PROGRAM PURPOSE
The purpose of the City of Palm Springs's Community Development Block Grant Housing Rehabilitation Program is to provide rehabilitation assistance to eligible low and moderate income Homeowners residing in the corporate city limits of the City of Palm Springs. The Program's Objective is to implement a program to arrest the deterioration of substandard single family homes by rehabilitating to conform to the International Property Maintenance Code and its amendments, the City of Palm Springs’ Housing Rehabilitation Performance Manual and other applicable State Laws, City Codes and Ordinances.

A Housing and Community Development staff person or approved Partner Agency will prioritize the repairs and improvements based on the health, safety, neighborhood enhancement, and needs of the property. Housing and Community Development staff sustains the right and has the discretion to determine and deny the approval of any application based on the reasonableness of the repairs requested for the home.

The goal of this program is to work in partnership with qualified Homeowners to maintain the existing housing stock in decent, safe, sanitary and affordable conditions.

Assistance through any of the programs herein shall be voluntary and relocation assistance shall not be provided.

Assistance is limited to single family residential structures, mobile homes and the inside of condos in HOA associations within the city limits of the City of Palm Springs.

Section 3 - PUBLIC AWARENESS
The Housing and Community Development Department may advertise that it is accepting applications for program assistance through local newspapers or the broadcast media.

Inquiries may be received through a variety of methods, including telephone inquiries, walk-ins and letters. Staff will respond to these inquiries by providing a verbal or written description of program requirements including brochures and other documentation available to the public.

Staff encourages interested and potentially eligible homeowners to schedule a personal interview with a staff member.

Complaints regarding lack of understanding of the program, the level of service provided, the public awareness process, or other matters shall be promptly addressed, if possible, by a staff person. If a complaint cannot be resolved at that level, the complaint will be forwarded to the Housing and Community Development Director for resolution and documentation. If no resolution can be found, the matter will be forwarded to the Assistant City Manager.

Item 1Q - Page 15
5 Section 4 - QUALIFICATIONS

1. Assistance is limited to single family residential structures, mobile homes and the inside of condos in HOA associations.

2. An applicant must be a resident of the City of Palm Springs, and live in the home to be assisted a minimum of 1 year before applying for assistance.

3. Applicants must also have a warranty deed in their name (or other legal document as stated elsewhere within these guidelines).

4. An applicant/household will not be eligible for assistance if:
a. Non-elderly Head of Household has resources (other than home to be rehabilitated), or cash assets in excess of $10,000.00. b. Elderly Head of Household (62 years of age or older), has resources (other than home to be rehabilitated), or cash assets over $20,000.00. c. Disabled Head of Household has resources (other than home to be rehabilitated), or cash assets over $20,000.00.
d. Resources include but are not limited to the following: real property, vehicles and bank accounts.
e. Exempt resources include:
i. home to be assisted and surrounding property.
ii. first family vehicle, vehicles necessary for employment or training related purposes, and vehicles used to transport a physically handicapped person. f. There has been a transfer of resources within two years of date of application by household members for the purpose of qualifying for the program. g. Subject property must be the only real property owned by the applicant.

An applicant who has more than one dwelling structure on the property to be rehabilitated or reconstructed unless the applicant removes the excess structure.An applicant/household who is operating a business out of said home. i. An applicant/household who has failed to meet their bankruptcy obligations. j. A bankruptcy discharge must be:
i. At least 5 years prior to the date of application for Chapter 7. ii. At least 3 years prior to the date of application for Chapter 13. k. An applicant/household who has outstanding judgments. l. An applicant/household is presently delinquent on any Federal debt or has a lien placed against his/her property for a debt owed to the United States Government.

5. An applicant/household who is accepted for assistance shall first remove all abandoned appliances, junked vehicles, trash, rubbish, etc. from the property before assistance is rendered.

6. An applicant/household must meet the low to moderate income criteria as set forth by the Department of Housing and Urban Development's Part V (Section 8) requirements as they are now or may be adopted by HUD on a yearly basis.

7. Total household income is determined by computing the income as required in 24 CFR Part 5. Income of all the persons residing in the household at the time of the application will be included in the calculation.

Item 1Q - Page 16
6 Section 5 - ELIGIBILITY INCOME GUIDELINES
Eligibility for CDBG housing program support is determined in accordance with income limits established by the Department of Housing and Urban Development. These figures are revised annually by the Department of Housing and Urban Development. The most recent income limits are found in Attachment #1.

Section 6 - PROGRAM LIMITATIONS

1. Any applicant, whose property is located within a 100-year flood plain according to current FEMA Flood Insurance Rate Maps, shall not be eligible for assistance for on-site housing rehabilitation assistance programs.

2. In the case where the Housing Services Administrator has determined that the costs for rehabilitation exceed program guidelines ($35,000.00), or more than 50% of the appraised after rehabilitation value, the applicant will be referred to other affordable housing providers for possible assistance through their housing programs. In the event of an emergency concerning health and safety or natural disaster, the Community and Economic Developer Director can approve costs exceeding program guidelines.

Section 7 - GRANT PROGRAM REQUIREMENTS
All grant programs will require, at a minimum, the following:

1. Title search on property.

2. Proof of Paid City, School and County Taxes.

3. Verification of income and financial analysis.

4. Property to be located inside the City of Palm Springs city Limits.

Section 8 - INFORMATION REQUIRED FROM ALL APPLICANTS
The following information is needed from all adult household members. An application will not be considered complete and processed until all information is received by the CED Staff.

1. Proof of ownership - Warranty Deed or other document as stated herein.

2. Utility receipts with applicant’s name

3. Copies of the following for all household members over the age of 18:
a. W-2's and 1040's (if employed)
b. Income Tax Returns for the past 2 years
c. Social security cards, current driver’s license or California ID

4. Authorization to obtain the following for all household members over 18:
a. Verification of other income, or assets
b. Verification of Employment
c. Verification of Unemployment check
Item 1Q - Page 17
7 d. Verification of Social Security, SSI, etc., checks e. Verification of Bank deposits

5. Receipts of paid City, School and County Taxes

6. HUD prohibits providing assistance to persons not lawfully present in the United States. All contributing members of the household receiving Program funds must be either a:

1. Citizen of the United States

2. Permanent Resident Alien

3. Temporary Resident Alien with authorization work in the United States.

The Program reserves the right to request documented verification as a condition to making an eligibility determination of the Applicant.

Section 9 - TEMPORARY RELOCATION
Applicants agree that participation in the program is voluntary and to voluntarily relocate during Lead Based Paint activities and general construction.

Voluntary homeowner rehabilitation does not trigger relocation requirements as per the Uniform Relocation Act for the homeowner.

Section 10 - PROGRAMS AVAILABLE
GRANTS
The Housing and Community Development Department provides grants to qualified homeowners for the rehabilitation of their single-family, condo or substandard mobile homes.

1. Grant applications are accepted in person at the City of Palm Springs Housing and Community Development Department, C/O Noe Arechiga 3200 E Tahquitz Canyon Way, Palm Springs, CA 92263.

2. Applicants must meet the following requirements:
a. Income: Applicant’s total income may not exceed 80% of the median income for the area, adjusted to family size.
b. Ownership: Applicant/Homeowner(s) must live in said home and have clear title to property.
c. Applicant must have an ownership interest in any one of the following types of ownership in the property to be improved:
a) Individual fee ownership with recorded deed (no corporate, trust, legal partnerships, etc.); or
b) Individual fee ownership subject to a mortgage or other lien securing debt; or
c) An ownership interest in a properly recorded land contract; or d) A life estate interest provided the following are met:

1. The life estate person occupying the dwelling to receive assistance must be income eligible.

Item 1Q - Page 18
8 2. The life estate agreement terms must be written, signed, and recorded in the public records of Riverside County, California.

3. Both the owner of the life estate and the holder(s) of the remainder interest must sign program documents.

4. The holder(s) of the remainder interest must sign the “Life estate Responsibility” form.
d. Taxes: City, School, and County Taxes must be paid and up to date at the time application is submitted.

3. Housing rehabilitation grants are for a maximum of $35,000.00 per home.

4. Qualified Applicants who own a home built prior to 1978 will be provided a grant that covers 100% of the total expense to perform a Lead Base Paint Risk Assessment/Inspection, all lab fees, interim controls and/or abatement procedures, and clearance testing to ensure that the home is lead safe.

5. Any expenses classified as costs related to Lead Base Paint Hazard Evaluation and Reduction Costs shall be covered by a grant and not be included when calculating Rehabilitation costs.

Section 11 -LEAD BASE PAINT TESTING AND LEAD HAZARD REDUCTION PLAN
All Applicants qualifying for assistance under any of the grant programs for rehabilitation will have their homes tested for lead based paint according to HUD guidelines if their home was constructed prior to 1978 except those properties exempt under the following:

Residential structures built after January 1, 1978.

Emergency action activities (Natural Disaster).

Existence of Lead Based Paint unlikely:
• Areas where state and local governments banned lead-based paint prior to January 1, 1978. • Properties found not to contain lead-based paint during earlier testing that meets the requirements of prior evaluations.
• Properties where all lead-based paint has been identified and removed using approved methods.

Human threat Unlikely:
• Unoccupied units that will be demolished.
• Property not used for human residential habitation.
• Rehabilitation that does not disturb paint.

Homeowners shall be provided with information about the hazards of lead-based paint. Testing shall be completed by a certified lead based paint testing professional. Personnel shall be required to follow all HUD standards regarding the testing of lead base paint.

Item 1Q - Page 19
9 The following actions must be taken to protect occupants from lead-based paint hazards associated with lead hazard reduction activities.
➢ Occupants may not enter the worksite during lead hazard reduction activities. Reentry is permitted only after lead hazard reduction activities are completed and the dwelling has passed a clearance examination.
➢ Occupants of the unit must temporarily relocate during lead hazard reduction activities.

Relocation shall be voluntary as part of the program assistance to be provided. Relocation must be done before lead hazard reduction activities begin.

Relocation is recommended when lead reduction procedures require that:
1) Utilities such as water, electricity, and gas are turned off for periods exceeding eight hours. 2) Lead reduction takes place in the kitchen or available bathrooms. 3) Extensive lead reduction in several rooms requiring work over several days. 4) Occupants cannot be prevented from entering the containment site after hours. 5) Debris and lead dust cannot be contained in the worksite and may spread to occupied areas. 6) A pregnant woman or a child under the age of six occupies the home.

Circumstances when occupant relocation is not required:
1) Treatment will not disturb lead-based paint or lead-contaminated dust. 2) Treatment of the interior will be completed within one period in eight daytime hours, the site will be contained, and the work will not create other safety, health, or environmental hazards. 3) Only the building’s exterior is treated; the windows, doors, ventilation intakes, and other openings near the worksite are sealed during hazard reduction activities and cleaned afterward; and a lead safe entry is provided.
4) Treatment will be completed within five calendar days; the work area is sealed; at the end of each day, the area within 10 feet of the containment area is cleared of debris; at the end of each day, occupants have safe access to sleeping areas, bathroom, and kitchen facilities; and treatment does not create other safety, health, or environmental hazards.

Occupants belongings should be protected from lead contamination during lead hazard reduction activities by relocating or covering and sealing them and ensure that the worksite is secured.

Section 12 - PROGRAM IMPLEMENTATION

METHOD OF IMPLEMENTATION FOR REHABILITATION AND EMERGENCY GRANT

PROGRAMS

1. Applications for assistance under any of the programs contained herein will be processed and reviewed by the Housing and Community Development Staff.

2. The Housing and Community Development Staff will formally accept or reject all applications for assistance based on meeting program requirements by staff review of submitted information received from the applicant, Title Company, etc.

3. Applications for program assistance will be taken on a "first come first serve" basis, except in emergency assistance cases.

4. Applicants will be chosen for eligibility review from a waiting list.

Item 1Q - Page 20
10 5. If an applicant is eligible for assistance, the Housing and Community Development Staff will help homeowner, if he/she/they so chooses, through the bidding process by advertising for proposals and receiving bids from general contractors.

6. Bid proposals must be according to the guidelines established by the Housing and Community Development Department to ensure compliance with the requirements applicable to the use of federal funds.

7. Homeowners Insurance shall be required for any home assisted through the Housing and Community Development Department’s Housing Rehabilitation Program.

8. In order to ensure maximum use of CDBG funds, the lowest most responsible bidder will be awarded the rehabilitation project. In cases where the lowest bid exceeds the maximum grant limit, the Homeowner(s) will have the option of:
a. Paying the difference over the maximum grant amount, or b. Reducing the amount of work to be done to comply with the maximum grant limits (although all safety, health and code violations shall not be omitted from specifications), or
c. The home may be rejected from participation in the rehabilitation program as said property will be considered beyond rehabilitation program assistance, and the project may be referred to other affordable housing providers housing programs.

9. After the Contractor has been selected, the Housing and Community Development Staff will fund for assistance through one or more of the programs previously described.

10. All activities undertaken in the Housing Rehabilitation Program are subject to the conditions and provisions set forth in the program's Mechanic's Lien Contract, Rehabilitation Contract, which is signed by both the Contractor and Homeowner(s) before commencement of the work.

11. If an unforeseen problem arises during the construction period, a change order may be submitted.

12. Change orders, if necessary, will be reviewed on a case-by-case basis and must be approved in writing by the City of Palm Springs Staff, Housing and Community Development Director, Contractor and Homeowner(s) before proceeding with the work being requested.

13. Grant amount including change orders may not exceed the maximum grant limits, unless an unforeseen problem arises such as (including, but not limited to):
a. Deteriorated roof decking
b. Deteriorated foundation beams
c. Faulty electrical wiring
d. Damaged plumbing lines (gas, water, sewer)
e. Interior wall and roof framing damage.

14. Change orders for unforeseen items, may not exceed 15% of the maximum grant limit or 25% of the original bid amount.

15. All participants (Applicants and Contractors) must abide by the Housing Rehabilitation Program Guidelines and procedures as established by the Housing and Community Development Housing Program Staff to participate in the program.

16. The City of Palm Springs Staff will:
a. Assist the Homeowner(s) in ensuring that all work is completed and passes city inspection according to established specifications, floor plans and/or City's Building Code and Ordinances.

Item 1Q - Page 21
11 b. Conduct a final inspection of the structure when notified to do so in writing by the Contractor.
c. When final inspection determines that the rehabilitation work has been satisfactorily completed according to the Specifications, floor plans, construction contract, City of Palm Springs' Housing Rehabilitation Performance Manual and all applicable City Codes and Ordinances, and obtain from the Contractor a signed "Contractor's Affidavit", along with affidavits from the electrician’s and plumber’s if applicable. Warranties for specific items will also be requested from Contractor before final payment is made.

17. Homeowners and Contractors are encouraged to resolve any dispute among themselves.

18. If Homeowner(s) and Contractor are not able to reach a mutual agreeable solution, then the dispute may be brought before the Housing and Community Development Department to review the situation and make a resolution ruling.

19. If the ruling is unacceptable by both parties, then the parties may seek legal recourse. The City of Palm Springs will not be a party to such litigation.

20. Applicants who cancel applications after title search, lead based paint inspection/testing, and/or specifications have been made shall be charged upfront for the soft costs (including staff time) to be expended when they reapply.

21. Applicants who postpone their applications will be placed at the bottom of the waiting list.

22. The City of Palm Springs will maintain all applications and files as required by the U.S.

Department of Housing and Urban Development and will be available for review by the U.S. Department of Housing and Urban Development Staff.

Section 13 - CONFLICT OF INTEREST
The City of Palm Springs covenants that neither member of its organization nor staff member who exercises influence on the decision making process presently has or will have any interest, direct or indirect, with any person, corporation, company or association hired to carry out any program activities or is a beneficiary of any program activity. All program participants will be required to sign a Conflict of Interest statement under which any existing or potential conflict of interest must be revealed.

Section 14 - STAFF INSPECTION- PLANS - SPECIFICATIONS
The City of Palm Springs will visit the site of the proposed project to do an inspection of the home and develop a preliminary work write-up.

1. In regard to rehabilitation, primary areas to be inspected and evaluated will be those outlined in the International Property Maintenance Code. This code provides the minimum requirements necessary to maintain any residential occupancy in a safe and sanitary condition. Compliance with the American Disability Act will be required for those persons assisted with a physical disability.

2. Following the preliminary inspection, the City of Palm Springs will help Homeowner(s) in developing the specifications explaining work that is to be needed to make the home safe, decent, and sanitary.

Item 1Q - Page 22
12 INSPECTION PHASE
a) Once initial eligibility has been determined, Housing and Community Development Department Staff will schedule an on-site inspection of the property with the appropriate partner agency and homeowner.
b) Housing and Community Development Department Staff/Partner Agency will inspect the property and ensure that homeowner is informed of all program requirements, documents, and terms of program participation.
c) Pictures of the dwelling and yard will be taken. Pictures need to be inclusive of the entire property and should consist of, at a minimum, the following:
a. Direct frontal view taken from across the street;
b. Corner frontal view taken from across the street;
c. Corner frontal view taken from across the street from the opposite direction; d. Same views from any other street frontages if the home is on a corner lot; and e. Localized areas of repair.
d) In cooperation with the applicant, the Housing and Community Development Department Staff/partner agency will prepare a scope of work. The Scope of Work describes the problem(s) identified during the on-site inspection of the property and will be presented to a homeowner for review, comment, and approval. Housing and Community Development Department Staff should understand and be specific in their definition of the scope of work.

Specificity ensures that bids are comparable and enhances the ability of the contractors to accurately respond to the bid request.
e) The Scope of work must address the following priorities of repairs:
i) Health and Safety Issues/Systems
ii) Exterior Improvements
iii) Energy Efficiency Measures
Section 15 - REHABILITATION PLANS & SPECIFICATIONS
After the floor plan and specifications have been completed, the City of Palm Springs Staff will provide applicant with a preliminary cost estimate for all repairs to be made on home.

If the estimated construction cost exceeds the maximum grant limit, and applicant cannot pay for the excess cost to meet codes adopted by the City, the City of Palm Springs Staff shall refer the applicant to other affordable housing providers for consideration in their housing programs.

Section 16 - REHABILITATION
Upon approval of the plans and specifications by Homeowner, the City of Palm Springs Staff will develop detailed bid specifications and floor plans to provide bidding Contractors with a description of all work that is to be completed.

Detailed specifications will include a floor plan of the structure and a detailed description of all work to be done. Applicant will be required to sign a "Certificate of Acceptance" form. This is to confirm their agreement and full understanding of the scope of assistance to be provided.

Item 1Q - Page 23
13 Section 17 - OBTAINING BIDS FOR CONSTRUCTION
The Housing and Community Development Department will assist Homeowners through the bidding process by advertising for bidders via local newspaper, internet, email, or fax.

1. A maximum of fifteen (15) days will be given to allow Contractors enough time to prepare a bid and meet HUD regulations.

2. Staff will hold a pre-bid conference with all bidding Contractors to discuss any questions regarding specifications, floor plans and site locations.

3. Contractors must submit bids for Housing Rehabilitation projects to the Housing and Community Development Department in a sealed envelope within the time allotted, as specified in advertisement for bids, otherwise bids will not be considered.

4. All bids will be opened at a scheduled bid opening as specified in advertisement for bids.

5. Contractors will be awarded a maximum of two (2) contracts per bidding cycle. This limit may be waived by the Housing and Community Development Director provided that the Contractor has demonstrated capacity and experience on prior projects with the City of Palm Springs Housing and Community Development Department and negotiations with the second lowest bidder have failed. In the case that a Contractor is determined to be the lowest bidder on more than two contracts and does not have the demonstrated experience and capacity, the contracts to be awarded to the next lowest bidder upon determination the bid is reasonable and justifiable. The remaining bids will be awarded to the next lowest qualified bidder(s). Contractors bidding for the first time, and being low bidder on more than one home, will only be awarded one home.

6. Bidders proposals will be in effect for thirty (30) days after correctly submitting bid.

7. Upon award of a bid, Homeowner(s) shall issue a Notice to Proceed to Contractor no later than fifteen (15) days from the bid award date.

8. If the foregoing time limits are exceeded, it shall be the Bidders prerogative to withdraw his/her bid in writing, if he/she so desires.

9. If all bids are over the maximum grant limit amount, bids will be reviewed by the Homeowner(s) and City of Palm Springs Staff to decide what items, if any, listed in the Specifications can be eliminated, but still address all code related repairs. a. Non code related repairs may be eliminated to bring project within maximum grant limits.
b. If project cannot be reduced to the maximum grant limit amount, the applicant may choose to pay the difference, up to 20% of the grant limit amount.

10. Once a Contractor has been selected, authorization to start construction will be in a Notice to Proceed Order to the Contractor.

11. Contractor will be required to start construction on project within ten (10) working days of contract signing.

12. Following approval of grants by Department, the Housing and Community Development Staff will prepare grant documents and notify applicant of the closing date.

13. During the grant closing process, all necessary grant documents and construction contracts will be signed by Homeowner(s) and Contractor.

14. The Homeowner, Contractor, and Housing and Community Development Staff shall attend the grant closing.

15. Contractors must register to get a Business License and get permits with the Building Department.

Item 1Q - Page 24
14 Section 18 - PREPARATION, RECEIPT AND OPENING OF BIDS Each bid must be submitted on the supplied form and be accompanied by:

1. Non-Collusion Affidavit;

2. Agreement to provide the following:
a. Proof of General Contractor’s and Subcontractor’s (plumbers, electricians, etc.) business license with the City of Palm Springs.
b. List of all subcontractors;
c. Proof of General Liability & Automobile Insurance

3. Bids will be received by the Housing and Community Development Department of the City of Palm Springs until date and time specified on public notice, and then publicly opened and read aloud.

4. The envelopes containing the bids must be sealed, addressed to the City of Palm Springs Attn: Noe Arechiga, Housing & Community Development Dept. 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 or via email to Noe Arechiga at [email protected].

5. The City may consider informal any bid not prepared and submitted in accordance with the provisions thereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof.

6. Any bid received after the time and date specified shall not be considered.

7. Two qualified bids correctly submitted as specified above, shall be preferred per bid opening on each project.

8. The City reserves the right to reject any or all bids.

9. All required forms must be submitted at the time of bid opening.

10. Contractor and subcontractors must be in good standing and not be indebted to the City of Palm Springs.

Section 19 - QUALIFICATIONS OF BIDDERS

1. The City may make investigations as deemed necessary to determine the ability of the bidder to perform the rehabilitation work and the bidder shall furnish to the City of Palm Springs all such information and dates for the purpose as the City may request.

2. The City reserves the right to reject any bid if the evidence submitted by or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

3. Conditional bids will not be accepted.

4. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" from the Homeowner(s) and to fully complete the improvements within the time period specified in the contract between the Homeowner(s) and Contractor.

5. Bidder must agree to also pay, as a penalty for not complying with the time specified in the Contract, the sum of $75.00 for each working day beyond the time specified.

6. Each bidder must inform himself/herself fully of the conditions relating to the construction of the project and the employment of labor thereon.

Item 1Q - Page 25
15 7. Contractor/Bidder will acknowledge that he/she is familiar with conditions enabling him to estimate costs or work as called for.

8. Quantities and dimensions as indicated on specifications and floor plans are approximate.

9. It is the Contractors responsibility to verify all quantities and dimensions for the purpose of estimating. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his/her contract.

10. Insofar as possible, the Contractor, in carrying out his/her work must employ such methods or means as will not cause any interruption of, or interference with the work of any other Contractor.

11. If a Homeowner remains in the home during rehabilitation of the home, and a utility is to be turned off for rehabilitation purposes, and left off for more than twenty-four hours, there will be a fine of $50.00 per day unless temporary facilities are set up on the premises at the Contractor’s expense.

12. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

13. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed to all prospective bidders or may be distributed at the pre-bid conference.

14. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted.

15. All addendums so issued shall become a part of the Contract documents.

16. The Bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written out in full.

17. At the time of opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans, specifications and contract documents (including all addendum and/or interpretations).

18. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from obligation in respect of his/her bid.

Section 20 - CONSTRUCTION
During the construction phase, the City of Palm Springs Staff will make periodic inspections to ensure work is completed in a satisfactory manner and to ensure compliance with specifications, floor plans, City codes, City of Palm Springs Housing Rehabilitation Performance Manual and other terms and conditions of the construction contract.

Section 21 - CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES

1. Contractors shall be required to furnish evidence of the following:
a. Commercial General Liability Insurance protecting the Owner(s) in an amount of not less than $500,000.00 Each Occurrence, $500,000.00 General Aggregate; Item 1Q - Page 26
16 b. $500,000.00 Products & Completed Operations Aggregate in case of bodily injury including death and property damage (inclusion of Builder's Risk Ins.) arising out of the work performed by or on behalf of the Contractor;
c. Automobile Liability Insurance coverage in an amount of at least $20,000.00 each person, $40,000.00 each accident for bodily injury including death and $15,000.00 for property damage, as required by the Texas Safety Responsibility Act.

2. Plumbers and Electricians hired by Contractors must have master license for their respective trades and have their professions registered with the NAME OF GRANTEE.

Plumbers and Electricians will be required to obtain their own permits.

3. General Contractor will not be allowed to pick up permits for their Plumbers or Electricians.

4. Contractor shall be required to obtain all necessary building permits before starting construction.

5. Contractor will also call upon the proper authorities for code compliance inspections and assume the fee for the same.

6. Contractor shall submit sealed bids promptly and accurately to the Housing and Community Development Department at City of Palm Springs, ATTN: Noe Arechiga, 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262, on or before the time specified in the bid packet.

7. Contractors will be allowed to visit proposed construction sites after bid packets are issued.

8. During the pre-bid conference Contractor will clarify if so needed, with the Housing Rehabilitation Staff, any item stated on the specifications, otherwise, the specifications shall remain as written.

9. Contractor shall review specifications with accompanying floor plans so that any item or any work specified in either the specifications or floor plans are to be executed the same as if occurring in both.

10. Any items of labor or articles of materials that are neither directly nor indirectly shown on the drawings or mentioned in the specifications but are nevertheless necessary for proper completion of the obvious intention hereof, are to be provided by the Contractor in his bid.

11. Should any drawings or dimensions be omitted on the scale drawings where are necessary for a clear and comprehensive understanding, or should any errors appear in either, it will be the responsibility of the Contractor to advise the proper parties, but not go on with the work in uncertainty.

12. All materials of all kinds and character, except those materials included in the contract of a subcontractor, are to be furnished by the General Contractor unless otherwise therein described.

13. The Contractor is to furnish all transportation, labor, materials, apparatuses and tools for doing the entire work in the best possible and most rapid manner; and to its entire proper and substantial completion.

14. The Contractor shall be responsible for removal or trimming of any trees, shrubs, etc.

15. The Contractor shall be held responsible for any violation of City Ordinances.

16. The Contractor shall remove all rubbish, waste material and construction material from site no less than once a week, and keep the premises as clean as possible during the process of the rehabilitation work.

17. At the time of project completion, the Contractor shall deliver the building in a broom clean condition.

Item 1Q - Page 27
17 18. Contractor shall be required to commence work within ten (10) working days from contract signing (or as stated in the Notice to Proceed), and shall meet deadline for completion of project as specified in the Construction Contract.

19. Contractor shall follow Lead Base Paint Safe Work Practices in the event lead base paint is found in the home.

20. Any Contractor exceeding the deadline will be penalized according to the Construction Contract. Contractors will be given one additional work day for every approved rain day during the construction period as specified in the Construction Contract.

21. All labor is to be done in a skillful and thorough manner. All material to be of the dimension, design and grade as specified.

22. Unless specified otherwise, any patented materials specified by trade name are to be applied or installed strictly according to manufacturer's specifications.

23. Contractor shall be responsible for any subcontractors hired to do any part of this contract.

24. Contractor will be allowed one extension on each job, providing said extension is justifiable and requested by Contractor in writing.

25. Any telephone wiring, cables for internet, surveillance equipment, etc., removed or damaged by Contractor or Subcontractor shall be replaced or reinstalled at Contractor's expense.

26. Property items that do not call for removal on the specifications shall be reinstalled or replaced by Contractor before final inspection.

27. Contractor shall request final inspection only when the job is 100% complete.

28. Final inspection shall include among other requirements, trash removal from premises.

29. Plumbing and electrical work will need to be inspected and approved by the City of Palm Springs Building Department before final payment can be made to General Contractor.

30. When job is 100% complete, the Contractor shall submit a General Contractor's notarized sworn affidavit that all material suppliers and subcontractors have been fully paid, and liens against the property have been released.

31. Contractor shall submit all pay requests in writing, no less than five (5) working days before payment being issued.

32. Drawdown requests for contractor payments will not be processed until all documents for payment have been signed by Homeowner, Contractor and Housing and Community Development Staff.

33. Payments to General Contractor for Rehabilitation work will be made out according to completion percentage as specified below:

Draw 1 - 30% completion payment less 10%
Draw 2 - 30% at 60% completion less 10%
Draw 3 - 30% at 100% completion less 10%
Final Draw - 10% after completion of all punch list items.

Section 22 - GUARANTEES & WARRANTIES

1. Contractor shall guarantee all work detailed in the specifications from date of final acceptance by Homeowner(s) and the Housing and Community Development Department.

Item 1Q - Page 28
18 2. Contractor must respond to life, health, and safety defects within 24 hours.

3. Contractor shall give Homeowner(s) and the Housing and Community Development Department a copy of all manufacturer’s and suppliers written warranties covering material and equipment furnished under the contract from Contractor.

4. Contractor shall present Homeowner(s) and the Housing and Community Development Department, at a minimum, written copies of manufacturer warranties as follows:
a. Shingle Roofing -- Copy of manufacturer’s warranty (Min 25 year) b. Water Heater
c. Air Conditioning/Heating equipment

5. Guarantee periods (beside manufacturers warranties) are as follows:
1 year: for any newly installed sheetrock, framing, insulation, exterior siding and trim, roofing, flooring, foundation (leveling) exterior and interior doors and windows. 2 years: New electrical wiring, plumbing lines and central air conditioning and heating.

Section 23 – REHABILITATION DEFICIENCIES

1. Deficiencies during the 1-to-2-year warranty period must be corrected within ten (10) working days from Contractor being notified by the Homeowner(s) or in some cases from the City of Palm Springs Housing and Community Development Department on behalf of Homeowner, unless a danger exists to Homeowner. In this case repairs shall be done immediately upon notice.

2. If Contractor fails to repair said items after verbal notice, Contractor will be notified via certified mail to correct items within 10 days upon receipt of said notice. However, if a danger exists, repairs shall be done immediately upon notice.

3. If Contractor fails to repair said warranty items within the ten (10) day period in the certified notice, the Homeowner has the option of requesting in writing that the City hire another Contractor to make repairs.

4. If a Contractor fails to honor any work covered during the warranty he shall be deemed ineligible for any future program participation.

5. With respect to all work performed under this contract, the Contractor shall:
a. Comply with the safety standard provisions of applicable laws, building and construction code and the "Manual of Accident prevention in Construction" published by the Associated General Contractors of America," the requirements of the Occupational Safety and Health Act of 1970, (Public law 91-956), and the requirements of Title 29 of the Code of Federal Regulations Sec. l5l8, as published in the Federal Register Vol. 36, #75, Saturday, April 17, 1971. b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees), and property. c. Maintain at his/her office or other well-known place at the job site, all articles necessary to give first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employees who may be injured on the job site.)
d. In no case shall employees be allowed to work at a job site before the employer has arranged for removal of the injured person(s) to a hospital or doctor's care.

Item 1Q - Page 29
19 Section 24 - SUB-CONTRACTORS
The General Contractors are specifically advised that any person, firm or party to whom it is proposed to award a subcontract under this contract must:

1. Be acceptable to both the Homeowner(s) and the Housing and Community Department.

2. Approval of the proposed contract award cannot be given by the Housing and Community Development Department unless and until the proposed subcontractor has submitted the required documentation stipulated in the bid documents and/or other evidence showing that they have fully complied with any requirements to which they are subject to.

3. Although the bidder is not required to attach such certifications by proposed contractors to his bid, the bidder is hereby advised of this requirement so that appropriate action can be taken to prevent subsequent delay.

4. Electrician, mechanical, and plumbing subcontractors will obtain permits from the Building Inspection office. General Contractors will not be allowed to pick up permits for Plumbers or Electricians.

Section 25 - GRIEVANCE POLICY

1. Any person who has applied for participation and/or received assistance under the Housing Rehabilitation Program may register any complaints in writing with the Housing and Community Development Department.

2. The Housing and Community Development Director shall have thirty (30) days to respond to said complaint.

3. If Housing and Community Development Director’s response is unsatisfactory, Complainant may then request in writing a review of the matter by the City Manager.

4. The City Manager shall review complaint as registered in writing. Review will contain:
a. Initial written complaint submitted to the Housing and Community Development Director
b. Response from the Housing and Community Development Director. c. Complainants request for review by the City Manager. d. Any information provided by Complainant or Housing Rehabilitation Staff directly related to the written complaint.

5. The City Manager, upon reviewing all related information to complaint, shall make the final decision on the complaint.

6. The decision shall be provided in writing to Housing and Community Development Director and Complainant within fifteen (15) days.

7. The City Manager shall act in an advisory capacity to correct the issue being reviewed.

8. If Complainant is dissatisfied with the decision of the City Manager, Complainant may then write to the U.S. Department of Housing and Urban Development (the funding agency for the Community Development Block Grant Program).

Section 26 - CONTRACT PROVISIONS

1. The City of Palm Springs may make such investigations as deemed necessary to determine the ability of the Contractor to perform the rehabilitation work and the Item 1Q - Page 30
20 Contractor will furnish to the City all such information and dates for the purpose as the City may request.

2. The City reserves the right to reject any bid if the evidence submitted by or investigation of such Contractor fails to satisfy the City that such Contractor is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

3. Failure to comply with all provisions of the Program Guidelines, the Housing Rehabilitation Contract, City of Palm Springs' Contractors Performance Manual and all applicable City Codes' and Ordinances will constitute grounds for corrective action by the City and may disqualify Contractors participation in the Housing Rehabilitation Program.

Section 27 – DOCUMENT MAINTENANCE
These guidelines/policies will undergo the normal periodic process of revisions, corrections, and additions to ensure compliance with federal regulations and the intent of the program. Any changes due to statutory or regulatory requirements or changes to existing policies approved by the City Council to incorporate changes made to existing policies codified in the Code of Federal Regulations are also considered as non-significant and can be approved at the staff level.

Approved this 12 day of September, 2024
Item 1Q - Page 31
21 Affidavit, 11, 14, 22
appeal, 20
Authorization, 6, 22
Bid
proposal, 10, 22
bid proposal, 10
bidder, 10, 13, 14, 15, 19
bidders, 13, 15
cancel, 12
Change orders, 11
Code, 4, 11, 12, 18
contract, 5, 11, 14, 15, 16, 17, 18, 19, 20
Contract, 11, 15, 17, 20
death, 16
demolished, 9
Disabled, 5
electrical, 11, 17
Electricians, 16
Eligibility, 6, 22
eligible, 4, 5, 6, 10
emergency, 8
Emergency
emergency, 8, 9, 10
flood plain, 6
floor plans, 11, 13, 15, 16
grant, 5, 8
Grievance, 4, 19, 20
guarantee, 18
Head of Household, 5
Elderly, 5
Non Elderly, 5
Income, 6, 7
income, 4, 5, 6, 7
income limits, 6
Income Tax, 6
inspection, 6, 8, 11, 12, 17
inspections, 15, 16
Insurance, 6, 16
Lead Base Paint, 8, 17
loan closing, 14
maximum, 8, 10, 11, 12, 13
Notice to Proceed, 13, 15
Occupants
occupants, 8, 9, 10
operating a business, 5
Ownership, 7
payment, 11, 17
Payments, 17
permits, 16, 19
Plumbers, 16
postpone, 12
pre-bid conference, 13, 15, 16
qualified contractor, 10
registration, 14
Relocation, 9
requirements, 4, 5, 7, 8, 9, 10, 12, 17, 18, 19
Social security, 6
specifications, 3, 10, 11, 12, 13, 15, 16, 17
Taxes, 6, 7, 8
Title search, 6
Total family income, 5
Utility receipts, 6
Verification, 6, 22
Verification of
Bank Deposits, 6
Employment, 6
Social Security, 6
Unemployment, 6
W-2's and 1040's, 6
waiting list, 3, 10, 12
warranty, 5, 18
Warranty Deed, 6
Item 1Q - Page 32

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVE THE DESIGNS “PEOPLE CROSSWALK” AND “FLOWER CROSSWALK” BY ARTIST MARCONI CALINDAS-CAFEGE FOR THE

ASPHALT ART PROJECT AT THE INTERSECTION OF WEST

TRAMVIEW ROAD AND NORTH GRANADA AVENUE
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission is requesting approval of the designs “People Crosswalk” and “Flower Crosswalk” (Artwork, Attachment A), by Marconi Calindas-Cafege (Artist), which was selected by the Desert Highland Gateway Estates Community Action Association for the Asphalt Art Project at the intersection of West Tramview Road and North Granada Avenue south of the Desert Highland Park.

RECOMMENDATION:

Approve the designs “People Crosswalk” and “Flower Crosswalk” by Artist Marconi Calindas-Cafege for the Asphalt Art Project at the intersection of West Tramview Road and North Granada Avenue.

BACKGROUND:

On August 8, 2024, the Public Arts Commission recommended three designs for the Desert Highlands Gateway Estates Neighborhood Organization to select from for the Asphalt Art Project.

On August 13, 2024, the Desert Highland Gateway Estates Community Action Association selected the Asphalt Art designs “People Crosswalk” and “Flower Crosswalk” by artist Marconi Calindas-Cafege for this project.

STAFF ANALYSIS:

Asphalt Art is a concept that uses city streets as the canvas for the community and artists to install public art projects.

Item 1R - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Public Arts Asphalt Art
There are benefits from asphalt art installations that have been documented by the Bloomberg Philanthropies Asphalt Art Initiative. Asphalt art projects improve safety by increasing the visibility of pedestrian spaces and crosswalks, promoting more walkability, and encouraging drivers to slow down and be more alert for pedestrians and cyclists.

A report commissioned by Bloomberg Philanthropies (Sam Schwartz, (April 2022) Asphalt Art Safety Study: Historical Crash Analysis and Observational Behavior Assessment at Asphalt Art Sites) compared crash rates and real-time behavior of pedestrians and motorists at the asphalt art sites before and after the projects were installed. The study included at least two years of data and looked at video footage of motorists and pedestrians at five art projects installed in 2021. Key findings from the study include:

• 37% decrease in the rate of crashes leading to injuries. • 27% increase in the frequency of drivers immediately yielding to pedestrians with the right of way.
• 25% decrease in pedestrian crossings involving a conflict with drivers. • 38% decrease in pedestrians crossing against the walk signal.

In general, public art projects also benefit communities by revitalizing public spaces, engaging residents, place making, wayfinding, promoting neighborhood culture and community pride, and enhancing venues for community events such as farmer’s markets.

According to Bloomberg Philanthropies, 41 cities in the United States and 20 European cities have installed asphalt art projects.

The proposed Artwork incorporates two key designs. The first portrays the diversity of the community and its children, living together in harmony and mutual respect. The second is a depiction of flowers, symbolizing the members of the community and the natural beauty and tranquility of the town. Together, these images aim to beautify and revitalize the area, fostering a sense of pride and connection among residents. Additionally, the artwork will enhance street safety by making the crosswalks more visible and aesthetically pleasing, encouraging drivers to be more cautious and attentive. Through these artistic renditions, the crosswalks will become not just pathways but symbolic bridges connecting the community’s rich past, dynamic present, and hopeful future. As proposed, Artist will utilize ultraviolet resistant paint and anti-graffiti coating. The project will take approximately 5 days to complete and is estimated to cost $16,652.

The proposed location for the Asphalt Art Project is at the intersection of West Tramview Road and North Granada Avenue south of the Desert Highland Park as shown in the diagram below.

Item 1R - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Public Arts Asphalt Art
Asphalt Art Project
Proposed Location
The Artist has been a Palm Springs resident since 2015 and is co-owner of Galleria Marconi in the Backstreet Art District. The Artist’s accomplishments include a 60 foot by 30-foot mural for the Long Beach International Airport; selected as one of the winning “Hearts in San Francisco” artists; being selected as an artist for the Palm Springs Utility Box project; and being selected for the Palm Springs Public Bench project.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural Item 1R - Page 3
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City Council Staff Report
September 12, 2024 -- Page 4
Public Arts Asphalt Art
purposes" and approval of this item is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:

The City Council previously approved funding in the amount or $20,000 of Public Art Funds for this Asphalt Art Project. There are sufficient resources in the Public Arts Fund to cover the proposed expenditure.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Marconi Calindas-Cafege Asphalt Art Proposal
Item 1R - Page 4

ATTACHMENT A
Item 1R - Page 5

PALM SPRINGS ASPHALT ART INITIATIVE

PRESENTED BY MARCONI CALINDAS-CAFEGE
Location: West Tramview Road and North Granada Avenue adjacent to the James O.

Jessie Desert Highland Unity Center.

Contact Information: Marconi Calindas-Cafege
Galleria Marconi Palm Springs
[email protected]
(415) 418-9546
Narrative and Design Illustrating Proposed Concept:

The proposed artwork for the asphalt crosswalks on West Tramview Road and North Granada Avenue will serve as a vibrant celebration of the James O. Jessie Desert Highland Unity Center, which stands as the heart of the Desert Highland Gateway Community. This center, a beacon of social, cultural, and recreational life in the area, was deeply shaped by the contributions of James O. Jessie, the former Director of Parks and Recreation of Palm Springs. Jessie’s legacy is rich with dedication to uplifting at-risk youth, providing them with programs, activities, and opportunities to grow and thrive. His life was tragically cut short when he heroically saved a young boy who had fallen into a raging river during a group fishing trip.

In homage to Jessie and his profound impact on the community, the crosswalk artwork will feature two key designs. The first artistic rendition will portray the beautiful diversity of the community and its children, living together in harmony and mutual respect. This image will capture the essence of unity and inclusiveness that Jessie championed, highlighting the vibrant, multicultural fabric of the Desert Highland Gateway Community.

The second image will be a stunning depiction of flowers, symbolizing the members of the community and the natural beauty and tranquility of the town. This floral homage will not only celebrate the individuals who make up this vibrant community but also the serene and picturesque environment that surrounds them.

Together, these images aim to beautify and revitalize the area, fostering a sense of pride and connection among residents. Additionally, the artwork will enhance street safety by making the crosswalks more visible and aesthetically pleasing, encouraging drivers to be more cautious and attentive. Through these artistic renditions, the crosswalks will become not just pathways but symbolic bridges connecting the community’s rich past, dynamic present, and hopeful future.

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Mockup view of both crosswalks from corner
Western view of “people crosswalk” on Granada
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Eastern view of “people crosswalk” on Granada
North view of “flower crosswalk”
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Top view of both crosswalks
“People crosswalk” design in detail
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“Flower crosswalk” design in detail
Completion Timeline: 5 days
• Pre-cleaning of asphalt crossings
• Application of primer to crosswalks
• Freehand drawing of artistic items
• Painting of crosswalks with UV resistant paint
• Application of VandlGuard Anti-Graffiti Coating
Cost of Proposed artwork:
• Standard all-purpose primer $132
• Premium outdoor UV resistant paint $300
• Anti-graffiti coating $120
• Assistant $500
• Painting instruments $100
• Incidentals $500
• Artist fee $15,000
TOTAL COST: $16,652
Demonstrated experience with public art projects:

As a proud resident of Palm Springs since 2015 and co-owner of Galleria Marconi in the Backstreet Art District, I have a deep and intimate connection with our diverse community.

With years of dedicated experience in public art projects, I have consistently delivered installations that have garnered widespread acclaim. My meticulous attention to detail ensures that every piece is executed to the highest standards, while my unwavering commitment to fiscal responsibility guarantees that each project is completed within budget. Clients have repeatedly expressed their satisfaction with the final results, praising Item 1R - Page 10
the seamless blend of artistic vision and practical execution. My track record stands as a testament to my ability to transform creative concepts into celebrated public artworks.

In November 2023, I completed a large 60 foot by 30-foot mural for the Long Beach International Airport, celebrating its centennial anniversary. My design was chosen from among 100 entries and highlighted in very colorful terms a tapestry of iconic Long Beach landmarks and rich history. It also provided a medium to celebrate the cultural diversity, tolerance, and acceptance of Long Beach.

In 2021, I painted on three public benches for the PS Public Arts Commission.

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The following year I painted on two utility boxes adjacent to the La Quinta Brewing Company and Bongo Johnny’s Patio Bar and Grill.

In 2016, I had the honor of being selected as one of the winning artists in the “Hearts in San Francisco” heart sculptor design competition, benefitting the SFGH Foundation. My Item 1R - Page 12
winning heart creation, weighing more than 400 pounds, was displayed at San Francisco’s Union Square for over eight months.

My passion for art transcends canvas and pigment; it's a vessel for love and tolerance. I fervently believe that the things that unite us as humans far exceeds the things that divide us, and my art is a testament to the universality of human connection. Eighteen years of artistic exploration have endowed me with the skills to undertake projects of profound significance. It would be a profoundly proud moment for myself to have the opportunity to execute my vision for this very worthy project.

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CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT A8577 WITH BUREAU VERITAS NORTH AMERICA, INC.,

FOR ON-CALL BUILDING OFFICIAL AND BUILDING INSPECTION

SERVICES
FROM: Scott C. Stiles, City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:

This is a request to amend the Professional Services Agreement (Agreement) with Bureau Veritas North America, Inc. (Bureau Veritas) to provide on-call Building Official and building inspection services. The on-call services will primarily be utilized to assist with completion of the Thompson Hotel development.

RECOMMENDATION:

1. Approve the proposed Agreement Amendment with Bureau Veritas North America, Inc., a Delaware corporation, for on-call Building Official and inspection services through November 30, 2024, for a not-to-exceed amount of $98,600.

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

BUSINESS PRINCIPAL DISCLOSURE:

Bureau Veritas North America, Inc., is a Delaware corporation that is also registered in California. A copy of the Public Integrity Disclosure Form is included as Attachment C to this staff report.

BACKGROUND:

The City has historically relied on third-party consultants to provide the development community with plan review services. The City currently has agreements with two firms, Bureau Veritas North America, Inc., and West Coast Code Consultants, which were approved in June of 2020. While the City’s agreements with these two firms are generally limited to plan review services, the companies also offer temporary personnel to assist in Item 1S - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Bureau Veritas Agreement Amendment
covering staff absences or to work on major projects with a defined scope. The City has a current need for Building Official services to cover a temporary absence; in addition, assistance is needed with the Thompson Hotel development to provide dedicated support in seeing the project to completion. This will be the third amendment to the Agreement with Bureau Veritas; the previous two amendments were to extend the original term of the Agreement for one-year increments, as is allowable under the terms of the Agreement.

STAFF ANALYSIS:

Staff reached out to three consulting firms and requested proposals to provide on-call Building Official and inspection services; Bureau Veritas submitted a timely proposal (included as Attachment A) that is consistent with the hourly rates listed in the current Agreement. Staff is requesting approval of an Amendment to the Agreement with Bureau Veritas for on-call Building Official and inspection services for a not-to-exceed amount of $98,600. The services would be available through November 30, 2024, which will cover the period anticipated for completion of the Thompson Hotel project. Staff may terminate the services prior to November 30th without financial penalty should the hotel be completed more quickly or should staff no longer need the additional assistance.

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 an agreement 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:

Approval of this action supports City Council priority 2C, Community Design, to streamline City customer services.

FISCAL IMPACT:

Approval of this action will result in an appropriation of $98,600 from Building & Safety account 1002005 – 40105 in the General Fund. Building permit applicants are charged plan review and inspection fees to generally cover the expenses of most contracted thirdparty services.

Item 1S - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Bureau Veritas Agreement Amendment
REVIEWED BY:

Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment #3 to Professional Services Agreement
B. Agreement A8577 and Amendments #1 and #2
C. Public Integrity Disclosure Form
Item 1S - Page 3

ATTACHMENT A
Item 1S - Page 4

Page 1 of 3 ends

Revised: 10.31.23
AMENDMENT NO. 3 TO THE ON CALL BUILDING PLAN CHECK

SERVICES

BETWEEN THE CITY PALM SPRINGS AND BUREAU VERITAS
NORTH AMERICA, INC.

1. Parties and Date.

This Amendment No. 3 to the On-call Building Plan Check Services is made and entered into as of this 16th day of September, 2024, by and between the City of Palm Springs (“City”) and Bureau Veritas North America, Inc., a Delaware Corporation with its principal place of business at 180 Promenade Circle, Suite 180, Sacramento, CA 95834 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “On Call Building Plan Check Services” dated August 12, 2020 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide on call building plan check services for an undefined amount and a term of three years, with two one year options with initial term beginning August 12, 2020 and ending August 11, 2023.

2.2 Amendment 1. The City and Consultant amended the Agreement to exercise the first of two options and extend the term for an additional year through August 11, 2024. The Parties have heretofore entered into that Amendment No. 1 dated January 25, 2024, for an unspecified amount.

2.3 Amendment 2. The City and Consultant amended the Agreement to exercise the second of two options and extend the term for an additional year through August 11, 2025. The Parties have heretofore entered into that Amendment No. 2 dated July 9, 2024, for an unspecified amount.

2.4 Amendment.3 The City and Consultant desire to amend the Agreement to provide on call Building Official and Inspector Services to assist with the completion of the Thompson Hotel Development. The Parties have heretofore entered into that Amendment No. 3 dated September 16, 2024.

2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

3.1 Section 1.0 Services of Consultant. Subsection 1.1 Scope of Services of the Agreement is hereby amended to add the following services:
"The scope of services will also include on call Building Official and Inspector Services to assist with the completion of the Thompson Hotel Development." Item 1S - Page 5

Page 2 of 3 ends

Revised: 10.31.23

3.2 Section 2.0 Compensation Subsection 2.1 Maximum Contract Amount is hereby amended to add the compensation for the added services as a not to exceed $98,600.00.

3.3 Section 3.0 Schedule of Performance. Subsection 3.4 Term is hereby amended to reflect a term of September 16, 2024 through November 30, 2024, for the specific added services under this amendment. The term of the agreement remains unchanged for the original scope of services which ends August 11, 2025.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.5 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. 3.

3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7 Counterparts. This Amendment No. 3 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]
Item 1S - Page 6

Page 3 of 3 ends

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND BUREAU VERITAS NORTH AMERICA, INC.

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

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1S - Page 7
Item 1S - Page 8

BUREAU VERITAS PROPOSAL
August28,2024
DANA MacALLISTER CBO, MCP I BUILDING OFFICIAL
City of Palm Springs I Department of Building and Safety 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
T: 760.323.8221 IC: 760.422.9585
[email protected]
Project Name/Scope: Thompson Hotel Project
BUREAU

VERITAS
Bureau Veritas North America, Inc. (BV) is pleased to submit our fee proposal to provide Building Code Compliance Plan Review and Inspections for the Thompson Hotel Project.

Fee Arrangement:

Building Official
Rate $160 NTE $19,200
Transition Fee $3,200
Builing Inspector
Rate $125 NTE $65,000
Transition Fee $2,500
Total NTE $98,600
Overtime (OT) will be charged at 25% times the standard hourly rate, hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be changed without approval.

Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs.

Hourly rate to be paid for Inspectors drive time to and from the site as well as mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate.

Field required services to be invoiced at a 4 hour minimum.

Invoicing:

Project Transition Fees will be invoiced upon acceptance of this fee proposal. Hourly services be invoiced monthly.

Terms and Conditions:

All work and services provided shall be in accordance with the terms of the Professional Services Agreemeent A8577, dated August 12, 2020 between Bureau Veritas North America, Inc., and CITY OF PALM SPRINGS. These Terms and Conditions are incorporated into this proposal as if fully set forth herein.

Proposal No.9260503
BUREAU VER ITAS 180 Promenade Circ le, Suite 150, Sacramento, CA 95834 p 916 725 4200 I f 916. 725 8242 I www.bvna com
Item 1S - Page 9

BUREAU VERITAS PROPOSAL
Thank you for the opportunity to provide this proposal. We look forward to providing exceptional customer service.

Sincerely,
Craig Baptista, Vice President of Sales, Plan Check & Inspection Bureau Veritas North America, Inc.
916.514.4509 I craig baptista@bureauveritas com
Joe Chao, P.E., Regional Manager
Bureau Veritas North America, Inc.
805.358.4246 I joe chao@bureauyeritas com
Agreed to and accepted on _________ day of ____________________________ , 20 ____ .

ACCEPTANCE OF THIS PROPOSAL BY:

I
Teresa Gallavan
,!'lease Print Name
Signature: C}V)t_,U_ 6/4/ ~ I Date: I 8/28/2024
Title: Assistant City Manager, on behalf of City Manager Company: City of Palm Springs
2 BUREAU

VERITAS

ATTACHMENT B

Item 1S - Page 10
Item 1S - Page 11

CITY OF PALM SPRINGS

PROFESSIONAL SERVICES AGREEMENT

ON-CALL BUILDING PLAN CHECK SERVICES
THIS PROFESSIONAL SERVICES AGREEM NT (hereinafter "Agreement") is made and entered into, to be effective this l'Z~ay of--'-"'"'"'"""~"'-'--' 2020, by and between the CITY OF PALM SPRINGS, a California charter city an municipal corporation, (hereinafter referred to as "City") and Bureau Veritas North America, Inc., a Delaware Corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

RECITALS
A. City has determined that there is a need for As-Needed, "On-Call" Building Plan Check Services, and related services, (hereinafter the "Project").

B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Building Plan Check Services, and related services to City pursuant to the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein.

D. City desires to retain Consultant to provide such professional services.

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

1.0 SERVICES OF CONSUL TANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or 'Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances.

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Item 1S - Page 12

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the 11Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties.

Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1 st) the terms of this Agreement; (2nd) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3rd) the provisions of the City's Request for Proposal (Exhibit "B"); and, (4th) the provisions of the Consultant's Proposal (Exhibit "C").

1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements.

1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and

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Item 1S - Page 13
shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1. 7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Performance of Services. City Manager, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement.

2.0 COMPENSATION

2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Development Services, Building Official or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference.

The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement.

Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore.

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Item 1S - Page 14
It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with and pursuant to the Consultant's Fixed Fee Schedule, and Schedule of Hourly Billing Rates as shown on Exhibit "D".

2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide.

3. SCHEDULE OF PERFORMANCE

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

The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

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Item 1S - Page 15

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement.

In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Craig Baptista, Vice President, West Region. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant Page S of20
Item 1S - Page 16
shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Consultant.

A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or

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benefits of Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M.

Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder.

In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this

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Agreement.

B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and selfinsured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement:

5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it.

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5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements.

Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review.

5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.

5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

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5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

5.3.1 o The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section.

5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required herein 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 such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

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

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1 . "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Palm Springs Contract No. A8577" or "for any and all work performed with the City" may be included in this statement).

2. 11 This insurance is primary and non-contributory over any insurance or selfinsurance the City may have ... 11 (" as respects City of Palm Springs Contract No. AB577'' or II for any and all work performed with the City' may be included in this statement).

3. "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.

4. 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 Consultant's obligation to provide them.

6. INDEMNIFICATION

6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "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 (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.

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6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then:

A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subConsultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials.

Officers, employees, agents and volunteers.

B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

C. The Consultant shall require all non-design-profession sub-Consultants, used or subcontracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-designprofessional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the

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Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.

For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization.

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

Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily

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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.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that 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.

8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination.

Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice tor work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.

8.4 Default of Consultant.

A. Consultant's failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute

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a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3.

C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein.

8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

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

8.7 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 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, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City

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shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, 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.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished underthis Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

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B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Consultant:

City of Palm springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm springs, Califomia92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Bureau Veritas North America, Inc.

Attn: Craig Baptista, Vice President, West Region
180 Promenade Circle, Suite 180
Sacramento, CA 95834
Telephone: (916) 514-4516

10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.

No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party

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of the basic benefit of their bargain or renders this Agreement meaningless.

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

10.6 Third Party Beneficiary. Except as may be expressly provided for herein, 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 hereto.

10. 7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i} the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)

Page 18 ends

Item 1S - Page 29
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM:
~Q s.Zlg~ ney
Date: .A:W) . {g1 7A :z.z>

CONSULTANT
APPROVED BY CITY COUNCIL:

Date: , ... 'J.2-0 Agreement No. A8577

APPROVED BY CITY COUNCIL
A~[71 1\:\ 1:::1.::w
Name: Bureau Veritas North America, Inc. C/0: Craig Baptista Check one: _ Individual _ Partnership ~Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

Address: 180 Promenade Circle, Suite 180
Sacramento, CA 95834
By: /~/)~
r Signature (notarized)
Name: ~ D 5tq\
Title: Vlu Pre?t cRJ- t Secc-e-kl'"\
Name: l.;,,. 1\ ... ,LJ .. Title: ¾,, Yes , J.,o-\--

Page 19 ends

Item 1S - Page 30
CALIFORNIA ALL--PURPOSE ACKNOWLEDGMENT CML CODE§ 1189
A flatly public a, olt!tJr a!lic:s ~ d1::I certlicat& viri'ea m!y 1he ~ ol lhl 1n1tiGa1 v.f1o ..,_ die docunmnlfi)'Ml~lllbC8flil"IC3!9b altldlad. rind notlha~~ crddlly;of,tmdllcunift

CHANDLER GRACE HOTCHKIN
Kotary Public - California ~
Sacramento County >-
Commission It 22666 71
My Comm. Expires Nov 12, 2022
--------------OPTIONAL.-------------- ~ ~ MC6an 1:1 optional, compfati,w lhb lnfommllon aan deter altetaflon of Uwt documllllt o, h~,r 18:Jlt:Ddlmenf ot thl.:, lotm to an unlnlellded doOl.ffMlllt.

Deacription of Attached Document
Tltle or Type of Doaument: ___________ Document Date: ______ _ Number of Pogao: Signlll'(n) othec' Than Nnmed Pbove; __________ _ Copoolty(lea) Claimed by Slgner(a) Slgnat'n Nome: __________ _ D 0oQ>orate OfflO&I' - Title{D): ------
• Portner - D Umlted • General
D lndividulll • AttolTIEI)' 11 Fact
D Tru:itee D Gu::11di:in or Con:iervotor
• other:------------- Sfgner In Repte0entlng: _______ _ 01gner'n Nome: __________ _
• Corporate Officer - Tltle{o)' _____ _
D Portner - • Limited D General
• lndivlduol • Ath>msy in Foat
D Truotee D Guordan or Coru1eNator
• Signer other: b Repreaenting: ------------ _______ _
e2014 N:ition:11 Nobuy A3:ioc:iabon • www.NlltlmalNolaJy.crg • 1-800-US NOTARY (1-800-876-8827) Item 115901

Page 20 ends

Item 1S - Page 31
CALIFORNIA ALL-PURPOSE ACIOUJWLEDQMENT aw. CODE§ 1180
A nalmJ publi: er Oita allica' ~Ill 1hia cadic:ale wriliea on1J lhe lllilmi'y ol lhe MIO avaf the damnntowhich1hia carliicaleil 8l!llclllld. and natflltNltlfmll8a. ~ orwldity of1hlltdocuna1t. --------------OP7JONAL ------------- 1houoh thia Neflotr la cptio,111.. cx,mpleq lllfs infotmsfion can deter Bllemtion of the document or li?iluallMI fflllttaclln.ent allhla foml ID sn u,i61&.Jad docunem.

Deacription of Attadled DoCUIIINlt
Title ar Type of Document: __________ ~ Date: ______ _
Na.mbw of Paga: ___ sv-{a) Olher Than Named AbcMt: __________ _ ~ Signa'aName: aaimed _________ by Signer(a) _ Signer"aName: _________ _ • Caqx.-abt Officer - TiUe(a): ----- • Corpond&Officer-Titla(a): ____ _ • Partner - • Umlm • o...11 D Partner - D Umitlld • o.-a • ~ • Atlo~ in Fact D ~ • Attorna, in Fact
•
• Olher: Truslae ___________ • Guanlan or Conwvalol _ • o01w. Truatae ___________ • Gmntanarecx-vator _ 8ignar la Rasx-ding; _______ _ Signer la Reprme~ --------

Page 20 ends

Item 1S - Page 32
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A8577

FOR ON-CALL BUILDING PLAN CHECK SERVICES
This Amendment No. 1 to the Professional Services Agreement (A8577), ("Amendment No. 1 "), is made and entered into this 25th day of January, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the "City", and Bureau Veritas North America, Inc., a Delaware Corporation, hereinafter designated as the "Consultant". City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
A. City requires the services of a licensed and qualified firm to provide the City with As-Needed "On-Call" Building Plan Check Services for a variety of future residential and commercial projects (hereinafter designated as the "Project").

B. On July 9, 2020, the City Council approved A8577, made and entered into on August 12, 2020, in reference to the competitively solicited Statement of Qualifications (SOQ) SOQ 11-20 with Consultant.

C. City desires to extend the contract term an additional twelve (12) months through August 11, 2024 in accordance with Section 3.4.

D. Consultant desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 1.

SECTION 2. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for four (4) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for one (1) additional one (1) year term.

SECTION 3. Exhibit "B" Consultant's On-Call Building Plan Check Services is hereby amended to replace the original Schedule of Fees identified in Attachment C - with the current fee schedule that includes a cost-of-living adjustment.

Page 1 of 4 ends

Item 1S - Page 33
SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A8577, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement A8577, the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 6. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. A8577 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]

Page 2 of 4 ends

Item 1S - Page 34
SIGNATURE PAGE TO AMENDMENT NO.1 AGREEMENT A8577 BY AND BETWEEN THE CITY OF PALM SPRINGS AND WEST COAST CODE CONSULTANTS, INC.

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

CONSUL TANT: Bureau Veritas North America, Inc. CO: Craig Baptista By: ~{ l:/1
Signat re
By: _ ___ J~ _ _ _ f> ___ ~ _ L__
Sighature
(2nd signature required for Corporations)
Date: January 26, 2024 Date: --~---"+----------o2~4'""""' , ____ d_o_.J..---i: :/ __ _
CITY OF PALM SPRINGS:

APPROVED BY DANA MACALLISTER, JR.~~/
Date: ~1 /:J() /'J,,o>'I AGREEMENT No. A8577
APPROVED AS TO FORM:

ATTEST=p~
By: ~ -C~ity~ C-le....., rk'-,6.......,;:~ ___;;:::m- -=:;.... __ _ APPROVED:

By: dt,/4£
City Manager - over $50,000
D~e: __ ~~4-/_/2_z_Y __ _
Deputy/Assistant City Manager - up to $50,000
Director - up to $25,000
Manager - up to $5,000

Page 3 of 4 ends

Item 1S - Page 35
ATTACHMENT"C"
Pqe4~4
Item 1S - Page 36
ATTACHMENT "C"

COST/RATES SUBMITTAL
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)*
*If necessary, you may attach additional sheets.

STATEMENT OF QUALIFICATIONS (SQQ #11-20)

ON-CALL BUILDING PLAN CHECK SERVICES
Responding to Statement of Qualifications SQQ 11-20 for providing on-call Building Plan Check Services, IN/E the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services:

DO YOU PROPOSE CHANGING THE CITY'S CURRENTLY ADOPTED FEE SCHEDULE OF CONTRACT BUILDING PLAN REVIEW RATES? PLEASE CHECK BOX BELOW.

YES • (IF YES, INCLUDE PROPOSED RATE SCHEDULE); NO 0

DO YOU HAVE ALTERNATIVE METHODS OF COMPENSATION (SIMPLIFIED FEE SCHEDULES, DEPOSIT-BASED TIME/MATERIAL COST RECOVERY, ETC.)? YES 0 (IF YES, INCLUDE ALTERNATIVE METHODS);
ALTERNATIVE METHOD: Plan Check Percentage of Fees, Based on City Collected Fees:

I Percentage of City Collected Plan Check Fees 85%
PRIME CONSUL TANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RA TE:

Senior Plan Review Engineer/ Structural Engineer/ FPE $ $155 Plan Review Engineer I Architect / EIT $ $145
Fire Plans Examiner $ $135
ICC Certified Plans Examiner $ $125
CASp 2 (Inspections, Accessibility Assessments, Transition Planning) $ $150 CASp 1 (Plan Review) $ $140
Fire Inspector $ $125- $145
Building Inspector $ $105- $125
Permit Technician $ $65- $85
SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE:
1:

Page 17 ends

Proposal No. 7592511
Item 1S - Page 37
SECTION B: UNDERSTANDING ON-CALL BUILDING

PLAN CHECK SERVICES METHODOLOGY
21 Maximum Delivery Timeframes
At the City's request, BV can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, the firm can use electronic submittals, phased submittals, conference calling, and videoconferencing. BV has established long-term partnerships with numerous agencies. The firm understands accuracy, efficiency, and integrity in all aspects of professional services are required.

BV's team will maintain efficient turnaround times on all reviews as a key measurement of its performance for plan review services. The following schedule is representative of the review times associated with the type of construction the City can anticipate.

Initial Check (working Subsequent rechecks
Service Description days) (working days)
Single Family Dwellings 5 5
Aparments 10 5
Tenant Improvements 5 5
Commercial/Industrial 10 5
Plan Changes 5 5
Building Inspection Next day inspections; same day inspections upon Emergency services
Rechecks can be done by appointment with applicants at City Hall.

Very simple projects may be plan checked over the counter special request
Available on call 24/7
BUREAU VERITAS 250 N Westlake Blvd, Westlake Vil lage, CA 91367 P 805 230 2888 I www BVNA.com
Item 1S - Page 38
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. A8577

FOR ON-CALL BUILDING PLAN CHECK SERVICES
This AMENDMENT NO. 2 to the Professional Services Agreement (A8577), ("AMENDMENT NO. 2"), is made and entered into this 9th day of July, 2024, by and between the City of Palm Springs, a Californ ia charter city and municipal corporation , hereinafter designated as the "City", and Bureau Veritas North America, Inc., a Delaware Corporation , hereinafter designated as the "Consultant". City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties".

B. On July 9, 2020, the City Council approved A8577, made and entered into on August 12, 2020, in reference to the competitively solicited Statement of Qualifications (SQQ) SQQ 11-20 with Consultant.

C. City desires to extend the contract term an additional twelve (12) months through August 11 , 2025 in accordance with Section 3.4.

D. Consultant desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this AMENDMENT NO. 2.

SECTION 2. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for five (5) years.

Page 1 of 4 ends

Item 1S - Page 39
SECTION 5. Full Force and Effect. All terms , conditions, and provisions of the Contract Services Agreement A8577, unless specifically modified herein, shall continue in ful l force and effect. In the event of any conflict or inconsistency between the provisions of this AMENDMENT NO. 2 and any provisions of the Contract Services Agreement A8577 , the provisions of this AMENDMENT NO. 2 shall in all respects govern and control.

SECTION 6. The persons executing this AMENDMENT NO. 2 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing , (ii) they are duly authorized to execute and deliver this AMENDMENT NO. 2 on behalf of said party, (iii) by so executing this AMENDMENT NO. 2, such party is formally bound to the provisions of this AMENDMENT NO. 2, and (iv) the entering into this AMENDMENT NO. 2 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this AMENDMENT NO. 2, all terms and provisions of Agreement No. A8577 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]

Page 2 ends

Item 1S - Page 40
SIGNATURE PAGE TO AMENDMENT NO. 2 AGREEMENT A8577 BY AND BETWEEN THE CITY OF PALM SPRINGS AND WEST COAST CODE CONSULTANTS, INC.

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

Bureau Veritas North America , Inc. CO: Craig Baptista
By: ________ ______ _
Signature
(2nd signature required for Corporations)
Date: July 12 , 2024 Date:
--------------
CITY OF PALM SPRINGS:

APPROVED BY DANA MACALLISTER, JR.: ~~ /
Date: 7 I 16" / i" ; L{
APPROVED AS TO FORM:

By 9. Jeey ~i'r:Ci ~~ ty°)ijtorney
APPROVED:

By . ;,, ~ , > #L
City Manager - over $50,000
AGREEMENT No. A8577
ATTEST:

By /]A _
c~
Deputy/Assistant City Manager - up to $50,000
Director - up to $25,000
Manager- up to $5,000
Page3of 4
Item 1S - Page 41
ATTACHMENT "C"

COST/RATES SUBMITTAL
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)*
*If necessary, you may attach additional sheets.

STATEMENT OF QUALIFICATIONS (SOQ #11-20)

ON-CALL BUILDING PLAN CHECK SERVICES
Responding to Statement of Qualifications SOQ 11-20 for providing on-call Building Plan Check Services, IM/E the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services:

DO YOU PROPOSE CHANGING THE CITY'S CURRENTLY ADOPTED FEE SCHEDULE OF CONTRACT BUILDING PLAN REVIEW RATES? PLEASE CHECK BOX BELOW.

YES • (IF YES, INCLUDE PROPOSED RATE SCHEDULE); NO 0

DO YOU HAVE ALTERNATIVE METHODS OF COMPENSATION (SIMPLIFIED FEE SCHEDULES, DEPOSIT-BASED TIME/MATERIAL COST RECOVERY, ETC.)? YES ~ (IF YES, INCLUDE ALTERNATIVE METHODS);
ALTERNATIVE METHOD: Plan Check Percentage of Fees, Based on City Collected Fees:

I Percentage of City Collected Plan Check Fees 85%
PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE:

Senior Plan Review Engineer/ Structural Engineer/ FPE $ $155 Plan Review Engineer/ Architect/ EIT $ $145
Fire Plans Examiner $ $135
ICC Certified Plans Examiner $ $125
CASp 2 (Inspections, Accessibility Assessments, Transition Planning) $ $150 CASp 1 (Plan Review) $ $140
Fire Inspector $ $125 - $145
Building Inspector $ $105 - $125
Permit Technician $ $65- $85
SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE:
1:

Page 17 ends

Proposal No. 7592511
Item 1S - Page 42
SECTION B: UNDERSTANDING ON-CALL BUILDING

PLAN CHECK SERVICES METHODOLOGY
21 Maximum Delivery Timeframes
At the City's request, BV can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for p\an review, the firm can use electronic submittals, phased submittals, conference calling, and videoconferencing. BV has established long-term partnerships with numerous agencies. The firm understands accuracy, efficiency, and integrity in all aspects of professional services are required.

BV's team wi ll maintain efficient turnaround times on all reviews as a key measurement of its performance for plan review services. The following schedule is representative of the review times associated with the type of construction the City can anticipate.

Initial Check (working Subsequent rechecks
Service Description days) (working days)
Single Family Dwellings 5 5
Aparments 10 5
Tenant Improvements 5 5
Commercial/Industrial 10 5
Plan Changes 5 5
Bui lding Inspection Next day inspections; same day inspections upon Emergency services
Rechecks can be done by appointment with applicants at City Hall.

Very simple projects may be plan checked over the counter special request
Available on call 24/7
BUREAU VERITAS 250 N. Westlake Blvd., Westlake Village, CA 91362 P 805.230.2888 I www.BVNA.com
Item 1S - Page 43
BUREAU VERIT AS NORTH AMERICA, INC.

CERTIFICATE OF INCUMBENCY
I, Heather B. Bush, hereby certify that J am the duly elected and qualified Secretary of BUREAU VERITAS NORTH AMERICA, tNC., a corporation organized and existing under the laws of the State of Delaware (the "Corporation"), and further certify, on behalf of the Corporation, that the person named below, acting singly, has the full authority of the Board of Directors to act on behalf of the Corporation with respect to the execution of any and all agreements binding the Corporation.

AUTHORIZED SIGNATORY
Manuel (Craig) Baptista -Vice President
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation on July 1, 2024.

STATE OF FLORIDA

COUNTY OF BROWARD
By:
8eatherB. Bust{, Secretary
The foregoing instrument was acknowledged before me this July 1, 2024 by Heather B. Bush as and Seer tary of Bureau Veritas No · , Inc.

Notary Public

ATTACHMENT C
Item 1S - Page 44
Item 1S - Page 457 '28

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Bureau Veritas North America, Inc.

Address of Entity (Principle Place of Business)
180 Promenade Circle, Suite 180, Sacramento, CA
Local or California Address (if different than #2)
250 N. Westlake Blvd., Westlake Village, CA 91362
State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entity also registered in California? IXl Yes n Type of Entity
[Kl Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. [name]
Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please speci Note: If any response is not a natural person, please identify all officers, directo members, managers and other fiduciaries for the member, manager, trust or other entilj Natalia Shuman
Gus Guerrero, P.E., PMP, LEED AP
[name]
Craig Baptista
[name]
I
!Kl Officer D Director D Member D Manager
D General Partner D Limited Partner
• Other
1K] Officer D Director D Member D Manager
D General Partner D Limited Partner
• Other
[XI Officer D Director D Member D Manager
n General Partner n Limited Partner

Page 23 ends

BUREAU VERITAS 250 f\! Westlake Blvd , \/Vestla~e Village, CA 91362 P 805 230 2888 , 'vVW\V BVi\JA com
Item 1S - Page 468 29
• Other

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity EXAMPLE Not applicable
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
[name of owner/investor] [percentage of beneficial interest in entitv and name of entitvl
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 PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE 0 CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date ~ p 1- f April 21, 2020 ( ~~ [S,M~ I filPage 24 of53 BUREAU VERITAS 750 I\I 1,v, sllakc L~lvc1, VVcs1 lei kc \Jr !c1gc U\ 9136:Z P 805 2JO 7888 1,1\,1118\/1,lf'.com

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVE AN AMENDMENT TO EXTEND AN EXISTING AGREEMENT

WITH UKG KRONOS SYSTEMS, LLC FOR ONE ADDITIONAL YEAR TO

PROVIDE TIMEKEEPING SOFTWARE AND SERVICES FOR THE FIRE

DEPARTMENT
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:

This action will approve an amendment to extend an existing service agreement with UKG Kronos Systems, LLC to provide timekeeping software and services for the Fire Department for one additional year.

RECOMMENDATION:

1. Approve an amendment to extend an existing agreement with UKG Kronos Systems, LLC to provide timekeeping software and services for Fire Department personnel for an additional year in an amount not to exceed $29,063 and for a revised contract amount not to exceed $85,438.34. (Attachment A).

2. Authorize the City Manager or designee to sign all associated documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form for UKG Kronos Systems, LLC. is included as (Attachment B).

BACKGROUND:

The City began utilizing Telestaff timekeeping software through Kronos for all Fire Department personnel in 2011. Kronos was eventually acquired by Ultimate Software Services and has the new name of UKG. Telestaff, the software provided through UKG, assists with ensuring minimum staffing levels are kept, provides the ability for staff to enter their time and leave requests, and track approvals.

Item 1T - Page 1
City Council Staff Report
September 12, 2024-- Page 2
Approve Extension – UKG Kronos Systems, LLC
The City continues to utilize Telestaff timekeeping software for all Fire Department personnel. Staff has invested considerable time and training to use the system for Fire Department Personnel, and the usage of the software is currently a requirement within the Fire Safety and Fire Management MOU.

The City entered into a new agreement at the September 1, 2022 Council meeting for an additional two years with an expiration date of July 23, 2024. There is a need at this time to continue the services for an additional year.

STAFF ANALYSIS:

Staff desires to continue using the software and is working with UKG Kronos Systems to facilitate the migration to their new hosting platform in 2025. A new agreement will need to be executed to transition to the new platform, and staff will return to Council for approval of a multi-year agreement in 2025. The last one-year extension will result in $24,063 in services and support, and an approximate annual cost of $5,000 for communications charges which is based on actual usage over the last twelve months.

Staff recommends approving an amendment to extend the existing service agreement with UKG Kronos Systems, LLC to provide Telestaff timekeeping software and services for an additional year in an amount not to exceed $29,063 and a total revised contract value not to exceed $85,438.34.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Forward Thinking Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 50034.

Item 1T - Page 2
City Council Staff Report
September 12, 2024-- Page 3
Approve Extension – UKG Kronos Systems, LLC
REVIEWED BY:

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

A. Amendment
B. Public Integrity Disclosure Form
Item 1T - Page 3

ATTACHMENT A
Item 1T - Page 4

Page 1 of 8 ends

Revised: 10.31.23
AMENDMENT NO. 2 TO THE TELESTAFF TIMEKEEPING

SOFTWARE AND ADDITIONAL SERVICES CONTRACT

BETWEEN THE CITY PALM SPRINGS AND KRONOS

INCORPORATED

1. Parties and Date.

This Amendment No. 2 to the Telestaff Timekeeping Software and Additional Services Contract is made and entered into as of this 16th day of September 2024, by and between the City of Palm Springs (“City”) and Kronos Incorporated, a Massachusetts Corporation with its principal place of business at 900 Chelmsford Street, Lowell, MA 01851 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Telestaff Timekeeping Software and Additional Services” dated September 1st, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide Telestaff timekeeping software licenses and support for an amount of $41,036.79 and a term of 7/24/2022 to 7/23/2024.

2.2 Amendment 1. The City and Contractor amended the Agreement to add 15 additional licenses to Telestaff support services for an amount of $3,228.75.. Additional costs associated with this contract for IVR Cloud hosting and Support services totaled $15,338.55 were not include in any amendments but were necessary support costs paid to Kronos bringing the total contract amount to $56,375.34. The term remained unchanged.

2.3 Amendment. The City and Contractor desire to amend the Agreement to add additional compensation and extend term. The Parties have heretofore entered into that Amendment No. 2 dated September 16th, 2024.

2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to the Contract.

3. Terms.

3.1 Attachment B of the Contract is hereby amended to add additional compensation in the amount of $29,063 ($20,036.07 + $4,026.44 + $5,000) for a new not to exceed limit $85,438.34 and extend the term from 7/24/2022 to 7/23/2025 as set forth in the Order Form attached as Exhibit B:

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 Item 1T - Page 5

Page 2 of 8 ends

Revised: 10.31.23
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.

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]
Item 1T - Page 6

Page 3 of 8 ends

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND KRONOS 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 Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1T - Page 7

Page 4 of 8 ends

Revised: 10.31.23
Exhibit B:
1-Year renewal Quotes
Item 1T - Page 8
Ul<G
Payment Terms: Net 30 Days
Currency: USO
Customer PO Num ber:

Bill To: PALM SPRIN GS FIRE
300 NORTH El CIELO RO
PALM SPRIN GS CA 92262

UNITED STATES
Contact: STACI KOLBECK
Email: [email protected]
Support Services Quote
Quote Type:

Customer:

Solution ID:

Subscription

PALM SPRINGS FIRE
6105620
Contract #: 1189121 S25-MAR-24
Date: 26-MAR-2024

Page 1 ends

Prepa red by : Jeana Spivak / US PublicSec::ot4 - Hosting Ship To: PALM SPRINGS FIRE
300 NORTH EL CIELO RO
PALM SPRINGS CA 92262

UNITED STATES

CONTRACT SUMMARY
Contr~t Period: 24-JUL-2024 - 23-JUL-2025
~~----~ Oescnption SuP1JOrt Services Estimated Tax Subtotal Tot.d 20.036 07 0 00 20,036 07
Annual ized Contract Value: 20,036.07
The Annualized Contract Value is the value of the contract if au services are priced for 365 days. The Annualized Contr~ Value does not include estimat ed tax. Please note that this quote may include se-rvices priced for prorated periods.

IMPORTANT NOTES
S~ Services are subjec1 to applicable m es. The tax amount shown on lhis QIJOte is only an es"tmate. The actual tax due d be reflected on the invoice.

PALM SPRINGS FIRE UKG KRONOS SYSTEMS LLC
Signature: ________________ _ Signature: ________________ _ Name: __________________ _ Name: _________________ _
Tttle: _________________ _ Tttle: _________________ _
Dale:. _________________ _ Dale:. _________________ _
UKG UKG Kronoi Svstems LLC 900 Chehnsf0td ~reet Lowell,. MA 016,Sl

Page 5 of 8 ends

Revised: 10.31.23
Item 1T - Page 9
Ul<G
Payment Terms: Net 30 Days
Currency: USO
Custo mer PO Number:

BiU To: PALM SPRINGS FIRE
300 N ORTH EL CIELO R D
PALM SPRINGS CA 92262

U NITED STATES
Contact: STACI KOLBECK
Email: s [email protected]
Quote Type :

Customer:

Solutio n ID:

Co ntract #:

Date:

Prep ared by:

Support Services Quote

Page 2 ends

Subscription

PA LM SPRINGS FIRE
6 105620
118912 1 S25-MAR -24
Jeana Spivak / US PublicSector4 - Hosting
Ship To : PALM SP~INGS FIRE
300 N ORTH EL CIELO R D
PALM SP~INGS CA 92262

U N ITED STATES

SOFTWARE SUPPORT SERVICES
Line Support Sef'YICe Covered Product License Stat Date End Date Duration (days) level C<>unl Ciood Hosting UKG
I
TELESTAFF Per UKG lELESTAFF CONTACT MANAGER V7.1+ 90 24.JIJL-2024 23-JUL-2025 365 E~yee Per Month Ck>od Hosting UKG
2 TELESTAFF Per UKG lELESTAFF ENTERPRISE V7.1 + 90 24.JIJL-2024 23-JUL-2025 365 E~yeePer Month
Cloud Mo, tit'lg UKG
3 TELESTAFF Per UKG lELESTAFF GATEWAY MANAGER V7. t+ 24.JIJL-2024 23-JUL-2025 365 E~yee Per Month
Ck>od Hosting UKG
4 TELESTAFF Per UKG lELESTAFF GLOBAL ACCESS V7.1+ 90 24.JIJL-2024 23-JUL-2025 365 E~ yee Per Month
Ck>od Hosting UKG
5 TELESTAFF Per UKG lELESTAFF SMS MANAGER V7. 1+ 90 24.JIJL-2024 23-JUL-2025 365 E~yeePer Month
6 Ck>od Hosting UKG
T ele-St.1ff Base Fee UKG lELESTAFF CONTACT MANAGER V7.1+ 90 24.JIJL-2024 23-JUL-2025 365 Per Month
7 Ck>od Hosting UKG
T ek-St.1ff Base Fee UKG lELESTAFF ENTERPRISE V7.1 + 90 24.JIJL-2024 23-JUL-2025 365 Per Month
Ck>od Hosting UKG
8 T ele-St.1ff Base Fee UKG lELESTAFF GATEWAY MANAGER V7. 1+ 24.JIJL-2024 23-JUL-2025 365 Per Month
Ck>od Hosting UKG
• Tetesrarr 6ase Fee UKO 'TELES TAFF OL0 6ALACCESS V7.t+ 90 24-JIJL·2024 23·JUL·202!1 300 Per Month Ck>od Hosting UKG
10 T ek-St.1ff Base Fee UKG lELESTAFF SMS MANAGER V7. t+ 90 24.JIJL-2024 23-JUL-2025 365 Per Month
SLJ)pOrt
S«vices Estimatt-d Tax Subtotal
Softwar-e Support S1NY1ces ~llllllllllllll!IIIIIIIIIIIIEmE UKG UKG Kronos Svste!N llC 900 ChehnsfOtd sueet Lowell, MA 016,Sl

Page 6 of 8 ends

Revised: 10.31.23
Item 1T - Page 10
Ul<G
Payment Terms: Net 30 Days
Currency: USO
Custo mer PO Num ber:

BiU To: PA LM SPRIN GS FIRE
3200 E TA HOUITZ CANYON WAY
PA LM SPRIN GS CA 92262-6959

UNITED STATES
Contact: DEFAULT EMAIL CONTACT
Email: [email protected]
Quote Type:

Customer:

Solution ID:

Contract #:

Date:

Prepared by:

Renewal
Support Services Quote

Page 1 ends

PA LM SPRINGS FIRE
6 105620
118912 1 R25-MAR-24
26-MAR -2024
Jeana Spivak / US PublicSector4
Ship To : PALM SPRINGS FIRE
300 NORTH EL CIELO RO
PALM SPRINGS CA 92262

UNITED STATES

CONTRACT SUMMARY
Contract Period: 24-JUL-2024 - 23-JUL-2025 ~~-- Oescnption Support Services Estimated T.u: Subtotal Total 4.026 44 0 00 4,026 44
Annualized Contract Value: 4,026.44
The Annualized Contract Value is the value of the contract if all services are priced for 365 days. The Annualized Contract Value does not include estimat ed tax. Please note that this quote may include se,rvices priced for prorated pe,riods.

IMPORTANT NOTES
S~ Services are subjecl to applicable taxes. The tax amount shown on lhis quote is only an es~mate. The actual tax due d be reflected on the invoice.

PALM SPRINGS FIRE UKG KRONOS SYSTEMS LLC
Signature: _________________ _ Signature:. __________________ _ Name:. __________________ _ Name: _________________ _
Title: __________________ _ Title: __________________ _ Date:. __________________ _ Date: __________________ _
UKG UKG Kronos Svstems tlC 900 Chelmsfotd Sueet Lowell, MA 016,Sl

Page 7 of 8 ends

Revised: 10.31.23
Item 1T - Page 11
Ul<G
Payment Terms: Net 30 Days
Currency: USO
Custo mer PO Num ber:

Bill To: PALM SPRINGS FIRE
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262~959

UNITED STATES
Contact: DEFAULT EMAIL CONTACT
Email: [email protected]
Support Services Quote

Page 2 ends

Quote Type : Renewal
Customer:

Solutio n ID:

PALM SPRINGS FIRE
6 105620
Co ntract #: 1189121 R25-MAR-24
Date:

Prep ared by : Jeana Spivak / US PublicSec::or4
Ship To : PALM SPRINGS FIRE
300 NORTH EL CIELO RD
PALM SPRINGS CA 92262

UNITED STATES

SOFTWARE SUPPORT SERVICES
Line Support Service Covered Product License Start Date End Date Duration (days) level C<>unl I Platnum UKG TELESTAFF CONTACT MANAGER V7.1+ 90 24.JUL-2024 23-JUL-2025 365 2 Platirw.rm UKG TELESTAFF ENTERPRISE V7.1 + 90 24.JUL-2024 23-JUL-2025 365 3 Platirw.rm UKG TELESTAFF GATEWAY MANAGER V7. 1+ 24.JUL-2024 23-JUL-2025 365 4 Platn.fm UKG TELESTAFF GLOBAL ACCESS V7.t+ 90 24.JUL-2024 23-JUL-2025 365 5 Platn.fm UKG TELESTAFF SMS MANAGER V7. t+ 90 24.JUL-2024 23-JUL-2025 365 Support
Services Estimah.-d Tax Subtotal
Software- Support Services ~111111111111111~
UKG UKG Kronos Svstems tlC 900 Chelmsfotd Sueet Lowell, MA 016,Sl

Page 8 of 8 ends

Revised: 10.31.23
IVR Hosting Estimate $5,000:

Item 1T - Page 12
Hi Rene,
Thank you for this update. IVR fees are based on actual usage billed monthly in arrears. I have included a recap of your monthly fees for the last year for estimating what your IVR fees might look lfke this coming year but again, it's based on actual usage.

UKGTELESTAFF IVR SERVICE 1-May-23 31-May-23 31 289.74
UKGTELESTAFF IVR SERVICE 1-Jun-23 30-Jun-23 30 840.40
UKGTELESTAFF IVR SERVICE 1-Jul-23 31-Jul-23 31 595.06
U KG TELE STAFF IVR SERVI CE 1-Aug-23 31-Aug-23 31 444.94 UKGTELESTAFF IVR SERVICE 1-Scp-23 30-Scp-23 30 484.30
U KG TELE STAFF IVR SERVI CE 1-Oct-23 31-Oct-23 31 550.04 UKGTELESTAFF IVR SERVICE 1-Nov-23 30-Nov-23 30 454.05
UKGTELESTAFF IVR SERVICE 1-Dcc-23 31-Dec-23 31 399.32
UKG TELESTAFF IVR SERVICE 1-Jan-24 31-Jan-24 31 134.03
UKGTELESTAFF IVR SERVICE 1-Feb-24 29-Feb-24 29 41.26
UKGTELESTAFF IVR SERVICE 1-Mar-24 31-Mar-24 31 122.24
UKGTELESTAFF IVR SERVICE 1-Apr-24 30-Apr-24 30 90.16
4,445.54

ATTACHMENT B
Item 1T - Page 13
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
UKG Kronos Systems, LLC

2. Address of Entity (Principle Place of Business)
900 Chelmsford St., Lowell, MA 01851

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

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

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

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

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

EXAMPLE

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

Kronos Acquisition LLC
[name of owner/investor]
100%, UKG Kronos Systems, LLC
[percentage of beneficial interest in
entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party:

Printed Name:

Title: Date:

Item 1T - Page 15

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START

TIMES MONDAY THROUGH FRIDAY FOR CONSTRUCTION

ACTIVITIES AT THE THOMPSON HOTEL DEVELOPMENT, LOCATED
AT 414 NORTH PALM CANYON DRIVE
FROM: Scott C. Stiles, City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:

The City of Palm Springs has received a request from Comren Inc. (Comren) on behalf of the ownership of the Thompson Hotel to start general construction activities earlier than permitted by City ordinance. Palm Springs Municipal Code (PSMC) Section 8.04.220 limits construction start times to 7:00 am, Monday through Friday; the applicant is requesting a construction start time of 5:00 am.

RECOMMENDATION:

1. Approve the requested early construction start time of 5:00 am, Monday through Friday, between the dates of September 13, 2024, and November 1, 2024, subject to continuous monitoring of noise complaints and impacts to adjacent properties and businesses.

BACKGROUND:

Construction on the Thompson Hotel development began in 2016. Hall Palm Springs II (Hall Group) took ownership of development in 2021 and has been working diligently to complete the project. A modification to the approved Planned Development District (Case

5.1091/PD-324) was approved by the City Council in June of 2021 to increase the hotel room count from 150 units to 164 units, and to make other minor modifications to the configuration of the southern portion of the hotel development. These modifications, combined with the amount of work necessary to perform structural and systems evaluations and rehabilitation of the partially completed structure, have delayed the completion of the project.

Item 1U - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Thompson Hotel – Early Construction
STAFF ANALYSIS:

PSMC Chapter 8.04.220 limits construction to between the hours of 7:00 am and 7:00 pm, Monday through Friday, and between 8:00 am and 5:00 pm on Saturday. No work is permitted on Sundays and City holidays. Comren has submitted a request for a construction start time of 5:00 am, Monday through Friday, through the completion of major construction at the site, which is estimated to be finished around November 1st. As the northern portion of the hotel development is essentially completed, the remaining construction work is centered on the southern portion of the hotel. The remaining work in the southern portion includes completion of the fire sprinkler system, drywall installation, completion of door/window installation, completion of the interior of the parking garage, and interior fittings and finishes. Most of the work will be limited to the building interior, which will reduce the transmission and impacts of construction noise to adjacent properties.

To assist with noise mitigation, the following conditions are proposed:
• Any equipment with backup alarms shall only be operated after 7:00 am. • No deliveries of materials or equipment shall be permitted before 7:00 am. • Work occurring between the hours of 5:00 am and 7:00 am shall be limited to the interior of the buildings.
• Any noise complaints shall be addressed and resolved by Comren; failure to adequately address complaints may result in a modification to the extended hours of construction and/or additional conditions to limit noise impacts.

PUBLIC NOTICE:

Staff mailed notices to all property owners and tenants within 500 feet of the project site on August 30, 2024. Notice was also provided via email to the Old Las Palmas, Movie Colony, and Midtown Neighborhood Organizations, all of which are adjacent to the subject site.

ENVIRONMENTAL ASSESSMENT:

On June 24, 2021, the City Council adopted Resolution No. 24917, approving an amendment to Case No. 5.1091/PD-324, and related entitlements associated with the development of a 164-room hotel, and made a finding that the amended project would not result in any new additional impacts beyond those that were previously identified and addressed and that adequate mitigation measures had been included in the conditions of approval for the project. No further environmental analysis is required with this action.

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action is consistent with Quality of Life Goal 1D, “Economic Development,” Item 1U - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Thompson Hotel – Early Construction
in that completion of the hotel project will result in positive economic benefits to the surrounding area and to the City generally.

FISCAL IMPACT:

None.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Location Map.

B. Application Letter.

Item 1U - Page 3

ATTACHMENT A
Item 1U - Page 4

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
SITE ADDRESS: 414 N. PALM CANYON DRIVE
Item 1U - Page 5
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ATTACHMENT B
Item 1U - Page 6
7 2 5 S. F I G U E R O A S T
S U I T E 4 5 5
L O S A N G E L E S , CA 9 0 0 1 7
( 8 1 8 ) 718 - 7500
C O M R E N I NC . C O M
To:

Flinn Fagg
Deputy City Manager, City of Palm Springs
[email protected]
Re:
414 N. Palm Canyon Drive | Request For Modified Construction Hours We would like to formalize our request to work modified hours at 414 N. Palm Canyon Drive (The Thompson Hotel). Due to the extreme heat especially in the afternoons; for the safety of our workers, we request we can start work at 5 am Monday – Friday. There will be no work on Sunday’s and Major Holidays. We are requesting a modified construction schedule through November 22nd, 2024.

For any noise complaints or site issues between 5am-7am please contact the following individuals:

Eduardo Alvarado | (818) 822-2143
Eric Willis | (805) 630-9695
We appreciate your consideration for this request as we all work hard to finish the Hotel.

Thank you,
Willam Amstutz, President
Item 1U - Page 7
.. , .... ,
COMREN
COMREN

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 6.10.082 REGARDING SMOKING PROHIBITIONS AT

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

Palm Springs International Airport (Airport) staff recommends that the City Council amend Palm Springs Municipal Code Section 06.10.082, Smoking Prohibited – Airport Terminal, to limit smoking at the Palm Springs International Airport to designated outdoor smoking areas.

RECOMMENDATION:

Waive the reading of the ordinance text in its entirety, read by title only, and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION

6.10.082 REGARDING SMOKING PROHIBITIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”
BACKGROUND:

The intent of this ordinance revision is to promote public health in our community. Studies have shown that tobacco use causes death and disease and continues to be an urgent public health challenge. Exposure to secondhand smoke has been identified as a health hazard, has negative health impacts, and exposure to secondhand smoke occurs at significant levels outdoors. Tobacco use and exposure to secondhand smoke impose great social and economic costs. Laws restricting the use of tobacco products have recognizable benefits to public health and medical costs, based on review of over 80 peerreviewed research studies showing that smoke-free policies reduce tobacco use, reduce exposure to secondhand smoke, increase the number of tobacco users who quit, reduce initiation of tobacco use among young people, and reduce tobacco-related illnesses and death.

Item 1V - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Airport Smoking Ordinance
Pursuant to Chapter 6.10 of the Palm Springs Municipal Code (PSMC), the City has prohibited smoking in certain public areas throughout the City.

STAFF ANALYSIS:

The U.S. Environmental Protection Agency found the effects of secondhand smoke are a health risk to the public and therefore classified it as a “Group A Carcinogen”, the most dangerous class of toxin. In 2023, 3,237,325 passengers came through the Palm Springs International Airport. Airport staff is concerned about the potential health effects this could have on Airport passengers, employees and tenants.

Additionally, vaping/e-cigarette usage would be regulated in the same manner as tobacco smoke, with the same restrictions on prohibited areas.

Currently, passengers and staff are allowed to smoke in certain outdoor areas at the Airport, which has led to several issues. Non-smokers frequently walk through clouds of smoke, which not only creates an unpleasant odor but can also trigger health problems.

The Airport receives complaints about these conditions, especially from families with children.

To ensure exceptional customer experience and prioritize health and safety, the Airport staff is recommending the revisions to the Palm Springs Municipal Code Section

06.10.082, Smoking Prohibited – Airport Terminal, to limit smoking at the Palm Springs International Airport to designated outdoor smoking areas as depicted in Figure 1.

Figure 1
Item 1V - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Airport Smoking Ordinance
Staff recommends that if the ordinance is approved by Council, enforcement for those newly established non-smoking locations will not occur for 30 days in order to allow existing Airport tenants and staff enough time to create appropriate signage and notification to their passengers.

ENVIRONMENTAL ASSESSMENT:

This Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this item supports City Council Priority 1 – Quality of Life.

FISCAL IMPACT:

There is no fiscal impact.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

A. Draft Ordinance
Item 1V - Page 3

ATTACHMENT A

DRAFT ORDINANCE
Item 1V - Page 4
55575.18160\42345536.1
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS CALIFORNIA, AMENDING PALM SPRINGS
MUNICIPAL CODE SECTION 6.10.082 REGARDING

SMOKING PROHIBITIONS AT THE PALM SPRINGS

INTERNATIONAL AIRPORT
City Attorney Summary
This Ordinance amends Section 6.10.082 of the Palm Springs Municipal Code (“PSMC”) to limit smoking at the Palm Springs International Airport to designated outdoor smoking areas.

WHEREAS, the City of Palm Springs (the “City”) is a charter city organized pursuant to Article XI, Section 5 of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter; and such police powers include without limitation the ability to adopt regulations pertaining generally to the protection and promotion of the public health, safety, and welfare; and WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge; and
WHEREAS, exposure to secondhand smoke has been identified as a health hazard, has negative health impacts, and exposure to secondhand smoke occurs at significant levels outdoors; and
WHEREAS, exposure to secondhand smoke causes death and disease; and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs; and
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs with based on review of over 80 peer-reviewed research studies showing that smoke-free policies reduce tobacco use, reduce exposure to secondhand smoke, increase the number of tobacco users who quit, reduce initiation of tobacco use among young people, and reduce tobacco-related illnesses and death; and
WHEREAS, pursuant to Chapter 6.10 of the PSMC, the City has prohibited smoking in certain public areas throughout the City; and WHEREAS, the City desires to limit smoking at the Palm Springs International Airport to designated outdoor smoking areas; and
WHEREAS, the City Council finds that the adoption and implementation of the Ordinance set forth below is within the power and authority of the City to protect the public health, safety, and welfare of the City’s citizens; and Item 1V - Page 5
55575.18160\42345536.1
– 2 of 4 –
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct and are incorporated herein by this reference.

SECTION 2. Amendment to PSMC Section 6.10.082. Section 6.10.082, is hereby amended to read as follows:
“6.10.082 Smoking Prohibited – Airport
Smoking is prohibited and is unlawful in all public areas as well as both leased and owned enclosed areas of the Palm Springs Municipal Airport, including, but not limited to, lobbies, waiting areas, restrooms and baggage claim area. This prohibition does not apply to City-designated outdoor smoking areas provided there are conspicuous signs indicating where smoking is allowed.”
SECTION 3. Adoption, Certification, and Publication. The City Clerk of the City of Palm Springs shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. This Ordinance shall take effect 30 days after its adoption.

SECTION 4. Severability. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable.

INTRODUCED at a regular meeting of the City Council of the City of Palm Springs on the ____ of ________________, 2024, by the following vote:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Springs on this ____ day of ________________, 2024 by the following vote:

JEFFREY BERNSTEIN
MAYOR
ATTEST:

BRENDA PREE

CITY CLERK
Item 1V - Page 6
55575.18160\42345536.1

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2024.

BRENDA PREE

CITY CLERK
Item 1V - Page 7

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 12, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P194 WITH CERAGON NETWORKS, INC. FOR FIRE RADIO BACKHAUL NETWORK

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

Award a contract services agreement with Ceragon Networks, Inc. for fire radio backhaul network installation services and ongoing maintenance.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24P194 (Attachment A) with Ceragon Networks, Inc. to provide fire radio backhaul network installation services and ongoing maintenance for a five-year term in an amount of $412,082 beginning September 16, 2024 through September 15, 2029; and

2. Approve a contingency of $82,416 for unanticipated costs and authorize the City Manager to approve changes orders as needed up to this contingency amount.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B), Ceragon Networks, Inc. is registered in the states of New Jersey and California.

BACKGROUND:

The City of Palm Springs is in need of a robust and reliable backhaul network system to support critical emergency radio communication infrastructure across key locations. The demand stems from the necessity to establish seamless and reliable data transmission capabilities to facilitate effective communication between various sites and repeaters within the region.

Item 1W - Page 1
City Council Staff Report
September 12, 2024 -- Page 2
Award Fire Radio Backhaul Network Installation Services Contract The project’s focal point rests on four strategic locations within Palm Springs:
• Palm Springs Amtrak Station: Positioned at the juncture of North Indian Canyon Drive and Palm Springs Station Road.
• Edom Hill: With its strategic location and elevation, Edom Hill serves as a critical site for establishing communication links. Its prominence in the terrain makes it an ideal location for relaying signals and ensuring comprehensive coverage across Palm Springs.
• Palm Springs Fire Station 4: Provides for Reliable data transmission capabilities for ensuring seamless coordination among firefighting teams and emergency responders in the Southern Area of the city.
• Palm Springs Dispatch: Situated at 200 S Civic Drive, Palm Springs Dispatch serves as the nerve center for emergency dispatch operations.

In response to these pressing needs, the City has purchased a KAIROS simulcast radio system. To support this system, the City of Palm Springs needs to complete a robust dedicated network backhaul communication system. A backhaul communication system is a network behind a network. A behind the scenes loop around the fire stations and Edom Hill is created so that the radio traffic can run across it, and then be dropped off at each fire station to be transmitted over a local radio repeater This comprehensive system needs to establish a resilient data transmission backbone, fostering reliable communication channels between the identified locations. With its capacity to support IP Multisite Multicast and Simulcast communication, the KAIROS system aligns perfectly with the diverse communication requirements of Palm Springs.

Furthermore, the inclusion of a 5-year service and maintenance agreement underscores the commitment to ensuring the sustained reliability and performance of the network. By addressing the critical need for a robust backhaul system, this initiative aims to enhance communication efficiency, bolster emergency response capabilities, and elevate overall public safety standards in Palm Springs.

STAFF ANALYSIS:

The Information Technology and Fire Departments worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Two proposals were received by the deadline of July 8, 2024 as follows:
• Ceragon Networks, Inc. – Plano, TX
• CelPlan International, Inc. – Reston, VA (local office: Torrance, CA) The evaluation team made up of City staff from the Information Technology and Fire Departments evaluated the proposals received against published criteria that included Item 1W - Page 2
City Council Staff Report
September 12, 2024 -- Page 3
Award Fire Radio Backhaul Network Installation Services Contract the firm’s experience, staff experience, understanding of the scope of work, local preference, price, and interviews.

Ceragon Networks, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Optimize basic services and facilities.

FISCAL IMPACT:

Sufficient funds for this project are available in the Safety Augmentation Fund. Approval of this action will authorize the appropriation of $494,498 from the Safety Augmentation Fund Balance and allocate these funds to account 1216010-80000.

REVIEWED BY:

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

A. Agreement No. 24P194
B. Public Integrity Disclosure
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ATTACHMENT A

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CONTRACT SERVICES AGREEMENT 24P194

FIRE RADIO BACKHAUL NETWORK INSTALLATION 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 Ceragon Networks, Inc., a New Jersey 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 installation of the backhaul network communication system across four locations, (“Project”).

B. Contractor has submitted to City a proposal to provide fire radio backhaul network installation services, under the terms of this Agreement.

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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.

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Palm Springs City CouncilSeptember 12, 2024

Palm Springs City Council
September 12, 2024