Agenda packet, closed session — Palm Springs City Council, November 21, 2024 (part 4 of 11)

(Revised 09 1318)

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.
[percentage of beneficial interest in
entity
and name of entity]
Insight Enterprises, Inc.
[name of owner/investor]
B.
[percentage of beneficial interest in
entity
and name of entity]
[name of owner/investor]
C.
[percentage of beneficial interest in
entity
and name of entity]
[name of owner/investor]
D.
[percentage of beneficial interest in
entity
and name of entity]
[name of owner/investor]
E.
[percentage of beneficial interest in entity
and name of entity]
[name of owner/investor]

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: Lisanne Steinheiser
Title: Global Compliance Officer
Date: 11/12/2024
Item 1GG - Page 9
100%
Because Insiaht Enterprises, Inc. is apublicly-lradedcompanyon the NASDAQ, 01lf owners are shareholders who have chosen to purchase Insight ,ham. A li,ling of all lbe SF.C filings <ID be found bcrc; bups:// inveslor.insigh.1.com/fwncial-reporU/sa:-filingsidefault.aspx.

Created: 2024-11-12
By:

Status:

Transaction ID:

Hannah Bosarge ([email protected])
Signed
CBJCHBCAABAA-x4N-ejWOMTy8Qin--lZMK-WqX8w4pFy
Business Disclosure
Final Audit Report 2024-11-12
"Business Disclosure" History
Document created by Hannah Bosarge ([email protected]) 2024-11-12 - 7:44:24 PM GMT- IP address: 20.94.167.121
Document emailed to Lisanne Steinheiser ([email protected]) for signature 2024-11-12 - 7:45:29 PM GMT
Email viewed by Lisanne Steinheiser ([email protected]) 2024-11-12 - 8:35:27 PM GMT- IP address: 198.187.200.254 Document e-signed by Lisanne Steinheiser ([email protected]) Signature Date: 2024-11-12 - 8:35:46 PM GMT - Time Source: server- IP address: 198.187.200.254 Agreement completed.
2024-11-12 - 8:35:46 PM GMT
Item 1GG - Page 10
Adobe Acrobat Sign

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENTS NO. 24B291 WITH GMAT, INC. DBA INLAND OVERHEAD DOOR COMPANY, AND NO.
24B292 WITH PRECISION GARAGE DOORS & GATES INC. FOR

OVERHEAD DOOR AND MOTORIZED GATE REPAIR SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Contract Services Agreement No. 24B291 with GMAT, Inc. dba Inland Overhead Door Company in an amount not to exceed $669,264.96, and Contract Services Agreement No. 24B292 with Precision Garage Doors & Gates Inc., in an amount not to exceed $446,176.64 for overhead door and motorized gate repair services.

RECOMMENDATION:

1. Approve Contract Services Agreement 24B291 (Attachment A) with GMAT, Inc. dba Inland Overhead Door Company, to provide overhead door and motorized gate repair services in an amount not to exceed $669,264.96 for the initial threeyear term beginning December 1, 2024, through November 30, 2027, with two oneyear extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 24B292 (Attachment B) with Precision Garage Doors & Gates Inc., to provide overhead door and motorized gate repair services in an amount not to exceed $446,176.64 for the initial three-year term beginning December 1, 2024, through November 30, 2027, with two one-year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachments C and D) submitted on October 24, 2024, GMAT, Inc. dba Inland Overhead Door Company and Precision Garage Doors & Gates Inc. are both registered in the state of California.

Item 1H - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Award On-Call Overhead Door and Motorized Gate Repair Services BACKGROUND:

The City of Palm Springs Maintenance & Facilities Division has a need for overhead door and motorized gate repair services. The contractors will provide services on roll-up doors, overhead garage doors, motorized rolling gates, and motorized doors for the bag belts on an as-needed basis for City of Palm Springs buildings and facilities.

Due to the success of the initial on-call contract awarded in 2022, staff has pursued and is recommending approval of two contract services agreements to address the current and expanding needs.

STAFF ANALYSIS:

The services contracts with GMAT, Inc. dba Inland Overhead Door Company and Precision Garage Doors & Gates Inc., are on-call, as-needed type contracts. The bids were used to determine the lowest, responsive, responsible bidders and to set the unit rates for the contracts; however, the actual amount of the contracts are based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 24-35) was initiated by the City’s Procurement and Contracting Department on September 23, 2024, based on the Department of Public Works specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the October 24, 2024, deadline as follows:

Vendor Bid
GMAT, Inc. dba Inland Overhead Door Company – Colton, CA $861,845.60 Precision Garage Doors & Gates Inc. – Yucca Valley, CA with office in Palm Desert
$1,098,600.00
DNA Overhead Doors Inc. – Cypress, CA $1,095,360.00
Ollin Dock & Door Inc. – Moreno Valley, CA $1,112,868.00 The Department’s intent for this solicitation was to award contracts to the two lowest responsive, responsible bidders. GMAT, Inc. dba Inland Overhead Door Company will be the primary contract and Precision Garage Doors & Gates Inc. will be the secondary contract over DNA Overhead Doors, once the local preference was applied under IFB Section 3.2 Local Preference. The department will reach out to the primary contract holder first and if they are unable to perform the work, the department will reach out to the secondary contract holder.

The unit pricing is fixed for the first year and subject to CPI increases in the following years. Staff recommends approval of a Contract Services Agreement No. 24B291 with GMAT, Inc. dba Inland Overhead Door Company for the initial three-year term in the Item 1H - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Award On-Call Overhead Door and Motorized Gate Repair Services amount not to exceed $669,264.96 as the primary contract, effective December 01, 2024 through November 30, 2027, subject to two one-year optional renewals at the sole discretion of the City, and Contract Services Agreement No. 24B292 with Precision Garage Doors & Gates Inc., for the initial three-year term in the amount not to exceed $446,176.64 as the secondary contract, effective December 1, 2024 through November 30, 2027, subject to two one-year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are available in Fiscal Year 2024-25 Facilities Maintenance accounts 5206570-40105 and 5206570-50119.

REVIEWED BY:

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

A. Contract Services Agreement No. 24B291
B. Contract Services Agreement No. 24B292
C. Public Integrity Disclosure – GMAT, Inc. dba Inland Overhead Door Company D. Public Integrity Disclosure – Precision Garage Doors & Gates Inc.

Item 1H - Page 3

ATTACHMENT A

Item 1H - Page 4

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CONTRACT SERVICES AGREEMENT 24B291

OVERHEAD DOOR AND MOTORIZED GATE REPAIR SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 21, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and GMAT, Inc. dba Inland Overhead Door Company, a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed vendor to provide overhead door and motorized gate repair services on an as-needed basis, (“Project”).

B. Contractor has submitted to City a bid to provide overhead door and motorized gate repair services, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $669,264.96.

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

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

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

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

4. PERFORMANCE SCHEDULE

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

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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. 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 December 01, 2024, and ending on November 30, 2027, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

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

5. COORDINATION OF WORK

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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 provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

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

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

Name: Title:

Ryan Sherrett President
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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.

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 Item 1H - Page 9

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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.

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 Item 1H - Page 10

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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.

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.

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 Item 1H - Page 11

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default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

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

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

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

11. MISCELLANEOUS PROVISIONS

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: GMAT, Inc. dba Inland Overhead Door Company Attention: Ryan Sherrett
12401 La Cadena Drive
Colton, CA 92324

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.

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

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

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

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

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

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

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

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

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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GMAT, INC. DBA INLAND OVERHEAD DOOR COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________________ 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 1H - Page 14

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Scope of Work:

A. Contractor shall furnish labor, materials, and equipment to perform overhead door and motorized gate repair services on an as-needed basis in following City facilities.

The scope of work shall include, but is not limited to: general repairs to sensors, overhead doors, garage doors, automated doors, motorized rolling gates, doors panels, tracks, pullies, motors, chains, belts, wheels, troubleshooting, testing, inspecting, wiring, wire management, equipment testing and repair, cable pulling, remote controls, and low voltage, and other work normally under the jurisdiction of a licensed contractor for overhead commercial doors and bays. This may include project estimation and budgeting of work.

B. Locations :

Location Quantity Door Type
Fire Station #1 2 Commercial roll up, overhead garage
doors
Fire Station #2 8 Commercial roll up, overhead garage
doors
Fire Station #3 2 Commercial roll up, overhead garage
doors
Fire Station #4 2 Commercial roll up, overhead garage
doors
Fire Station #5 2 Commercial roll up, overhead garage
doors
Pavilion 1 Commercial roll up, overhead garage
doors
City Yard Maintenance
Shops
3 Commercial roll up, overhead garage
doors
City Yard – Fleet
Operations
7 Commercial roll up, overhead garage
doors
City Corporate Yard 3 Motorized rolling gates
Police Department 2 Commercial roll up, overhead garage doors
Airport-Baggage Claim 6 Motorized doors for the bag belts Airport-Ticketing 5 Motorized doors
Airport-Bono Concourse 1 Manual bay door in the tug tunnel C. Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work.

D. The Contractor shall be solely responsible for correcting any damages caused by onsite work, due to improperly protecting property.

E. Response time:

1. Contractor shall respond to department within 48 hours from request for work.

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2. Contractor shall respond to emergency calls for service or repair within twentyfour (24) hours.

3. Emergency responses include weekends, after-hours and holidays.

F. Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.

G. Historic Properties: Contractor shall have knowledge of the City of Palm Springs Historic buildings and the various historic classifications that shall define and outline the repair and improvements allowed.

1. Contractor shall discuss all modifications with the City Project Manager prior to commencement of work.

2. Contractor shall make themselves award of the City’s historic properties:
https://www.palmspringsca.gov/government/departments/planning/ historicresources/historic-properties H. Correction of work deficiencies:

1. 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.

2. 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.

3. In addition to the Contractor’s other obligations, the contractor shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

I. 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.

J. 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.

K. 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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L. 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 project manager.

M. Security:

1. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors and gates 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.

2. 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 project 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.

N. 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 project manager.

O. Uniforms and vehicles:

1. The Contractor shall be required to properly uniform its service personnel, and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

2. Contractor vehicles must display company logo and name.

1.2 Pricing:

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

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

C. 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, portalto-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.

1.3 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.

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1.4 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]

1.5 Special Security Requirements:

A. Palm Springs Police Department: 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.

B. Palm Springs International Airport:

1. Contractor will be required to complete and maintain authorized signatory training and maintain an authorized signatory on staff.

2. Contractor and affiliates will be required to obtain appropriate S.I.D.A Badges.

Item 1H - Page 19

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Item 1H - Page 20

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 24-35)

OVERHEAD DOOR AND MOTORIZED GATE REPAIR SERVICES
Responding to this IFB for Overhead Door and Motorized Gate Repair Services, 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 accept as full payment therefore, the following unit cost amourits. 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.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
1 Foreman Regular Billing Rate HR
17:00AM 1,000 au.-1-~ lH,1,t{OO.co - 5:00PMI
2 Foreman Overtime Billing Rate HR 96 ·12$l, 10 [1 ~.1r,t;,(.o 15:00PM - 7:00AMl 3 Foreman Holiday Billing Rate HR 16 t 33t{.a0 ~ S',~Sfo. BO ISaturdav/Sundav/Holidavl 4 Journeyman Regular Billing Rate HR 1,000 $ \ll.£.1) ii 11 <,~00-w 17:00AM - 5:00PMI 5 Journeyman Overtime Billing Rate HR 96 i I(, 1-~0 ftt,p10.tto 15:00PM - 7:00AMl 6 Journeyman Holiday Billing Rate HR 16 tzi:~,io-l ~!51\,'Zb ISaturdav/Sundav/Holidav\ 7 Apprentice Regular Billing Rate HR 1,000 ~lll- <,o · nt(l t..06' " 4 17:00AM - 5:00PMI
8 Apprentice Overtime Billing Rate HR 96
'i 1'11,l{b ~ 1½6:10. c(o 15:00PM - 7:00AMI
9 Apprentice Holiday Billing Rate HR
ISaturdav/Sundav/Holidavl 16 ;~W-1P t~Sll,U>
10 Parts and Materials (Enter your% % $200,000
mark-up for parts & materials) \~ t,_ ?i\) l (JC.ti, ;.,~(cXP ... (Example for 10% the subtotal = $220,000; for 20% the subtotal =
$240,0001
11 Equipment Rental (Enter your % % S50,000
mark-up for equipment rentals} \S '11, ~0- 51.~-.... (Example for 10% the subtotal = $55,000; for 20% the subtotal =
ioo.ooo,
12 Subcontractors (Enter your % mark- % $100,000
up for subcontractors) (Example for ~ \Lt; ,a,:, it ~ ~. a,<,- 10% the subtotal = $110,000; for \<S
20% the subtotal - $120 0001
TOTAL (Enter this amount in PlanetBlds)

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Item 1H - Page 21
Firm Name: /NU.fJt> l>~~ ~ L ~~'(, It-IC ·
P
Si
r
gnature
inted Name
of Au
:
t
•
horized
f.;./Jst.j
Person
SM~~-(--(
: ~
Title: _ 1]us -l-'-_...;.,o6µ( _.:;.:........: _______________ _ Date: _ 'l_:lU!{ _-1.i._4-1---_________ _

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EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1H - Page 22

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INSURANCE

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

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

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

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

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

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

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

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

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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.

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, 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 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 Item 1H - Page 24

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authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

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

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

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

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Item 1H - Page 26

ATTACHMENT F
EXECUTIVE ORDER N-o-22 CERTIFICATION
INVITATION FOR BIDS (IFB 24-35)

OVERHEAD DOOR AND MOTORIZED GATE REPAIR 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 targel of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature: «??: S
Printed Name: fJIJn Me-lWl-~
Title: _ __ ft...L..;r. c...,;t.-/.,.t«'ll, "'"'-',,, ""-",/- _______ _ Firm Name: ~fa-..o /tlic, Jie7/""0 I.)~
Date: _ __ 7:....,/l:....:zt~/4 -=l+f' _ _ _ _ _

ATTACHMENT B

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CONTRACT SERVICES AGREEMENT 24B292

OVERHEAD DOOR AND MOTORIZED GATE REPAIR SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 21, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Precision Garage Doors & Gates Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed vendor to provide overhead door and motorized gate repair services on an as-needed basis, (“Project”).

B. Contractor has submitted to City a bid to provide overhead door and motorized gate repair services, to City 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

Item 1H - Page 28

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3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

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

Item 1H - Page 29

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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.

5. COORDINATION OF WORK

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Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

Name: Title:

Lisa Price Treasurer
Item 1H - Page 31

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5.6 California Labor Code 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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8. RECORDS AND REPORTS

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 Item 1H - Page 33

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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.

9. ENFORCEMENT OF AGREEMENT

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

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

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 Item 1H - Page 34

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default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

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

11. MISCELLANEOUS PROVISIONS

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Precision Garage Doors & Gates Inc.

Attention: Lisa Price
7348 Fox Trail
Yucca Valley, CA 92284

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

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

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

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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PRECISION GARAGE DOORS & GATES 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 1H - Page 37

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1H - Page 38

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1.1 Scope of Work:

A. Contractor shall furnish labor, materials, and equipment to perform overhead door and motorized gate repair services on an as-needed basis in following City facilities.

B. Locations :

D. The Contractor shall be solely responsible for correcting any damages caused by onsite work, due to improperly protecting property.

E. Response time:

1. Contractor shall respond to department within 48 hours from request for work.

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2. Contractor shall respond to emergency calls for service or repair within twentyfour (24) hours.

3. Emergency responses include weekends, after-hours and holidays.

F. Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.

1. Contractor shall discuss all modifications with the City Project Manager prior to commencement of work.

3. In addition to the Contractor’s other obligations, the contractor shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

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M. Security:

O. Uniforms and vehicles:

2. Contractor vehicles must display company logo and name.

1.2 Pricing:

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

1.3 Payment:

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1.4 Invoicing:

1.5 Special Security Requirements:

B. Palm Springs International Airport:

1. Contractor will be required to complete and maintain authorized signatory training and maintain an authorized signatory on staff.

2. Contractor and affiliates will be required to obtain appropriate S.I.D.A Badges.

Item 1H - Page 42

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Item 1H - Page 43

ATTACHMENT G

BID FORM
INVITATION FOR BIDS {IFB 24-35)

Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and servioe necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
1 Foreman Regular Billing Rate HR 1,000 225 225,000 /7:00AM - 5:00PM) 2 Foreman Overtime Billing Rate HR
15:00PM 96 275 26,400 - 7:00AM)
3 Foreman Holiday Billing Rate HR 16 325 5,200 ISaturdav/Sundav/Holidav\ 4 Journeyman Regular Billing Rate
(7:00AM - 5:00PM\
HR 1,000 175 175,000
5 Journeyman Overtime Billing Rate
15:00PM - 7:00AM)
HR 96 225 21 ,600
6 Journeyman Holiday Billing Rate HR 16 275 4,400 /Saturdav/Sundav/Holida"' 7 Apprentice Regular Billing Rate HR 1,000 175 175,000 (7:00AM - 5:00PM) 8 Apprentice Overtime Billing Rate HR 96 225 21,600 15:00PM - 7:00AM) 9 Apprentice Holiday Billing Rate HR 16 275 4,400 /Saturdav/Sundav/Holidav\ 10 Parts and Materials (Enter your % % $200,000
mark-up for parts & materials)
'?}:) (Example for 10% the subtotal = 2)1:),oc£> 2.JoO,coo $220,000; for 20% the subtotal =
$240,0001
11 Equipment Rental (Enter your % % $50,000
mark-up for equipment rentals) k,0,<::£>0 i.,o,coo (Example for 10% the subtotal = 7-0 $55,000; for 20% the subtotal = $60.000)
12 Subcontractors (Enter your % mark- % $100,000
up for subcontractors) (Example for z.o 1'20,~ r2.o,ooo 10% the subtotal= $110,000; for 20% the subtotal= $120 000'
TOTAL (Enter this amount in PlanetBids) 1,098,600

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Item 1H - Page 44
Signature of Authorized Person: ~ ;::-::....., __ ,_,.)c......:~=---=--..._ __ _ Printed Name: Ll~.1 PvJ C 0
Title: T ~A$.1..A.V"LC
Date: /0/22/2'1

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EXHIBIT “B”

Page 19 of 22 ends

INSURANCE

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

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

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

Item 1H - Page 46

Page 20 of 22 ends

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 Item 1H - Page 47

Page 21 of 22 ends

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.

Item 1H - Page 48

Page 22 of 22 ends

Item 1H - Page 49

ATTACHMENT F
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 24-35)

OVERHEAD DOOR AND MOTORIZED GATE REPAIR 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 w,ith such individuals or entities while the aforementioned sanctions are in effect.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of Calif:iia. 9 ~
Pri
Sign
nted
ature
Name:
: l
l \"<) m
-~
C R
Title: TV:-0 0~\ ~
Firm NameVQLl~ICt'.\ ~~ ~ ~ <:xtt-l.) 1 lV\C..

Date: LO /12, /LY:

ATTACHMENT C

Item 1H - Page 50
Item 1H - Page 51

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
{;ttlltr //V C--
INLAND 01t1ERIWD J)QQR
12401 LA CADENA DR.

COLTON, CA. 92324
Address of Entity (Principal Place of Business)
Local or California Address (if different than #2)
State w~j_~ntity is Registered with Secretary of State
V'
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
~orporation D Limited Liability Company D Partnership D Trust D Other (please specify) ,v 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
'ir/Jn ('j tl'r1--r.,t- _l;i?Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
f\ c. r ~nw.J-. Jli!:9fficer D Director D Member D Manager '- . [name] D General Partner D Limited Partner D Other
Item 1H - Page 52
td&IA,4 ~{l_w1V'-
' ~cer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other

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.2 ,
~ JJ~ [I'¼ c..../lJ /tr 1 "C- • ~,
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B. lq t_ \. (fl tt' ~ av -0!:. ~lf: //le,_ .. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
CM~IIJA ~Ovf~/V Zt ft &-ml!r,. ,rte,,
[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

ATTACHMENT D
Item 1H - Page 53
Item 1H - Page 54

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 24-35)

OVERHEAD DOOR AND MOTORIZED GATE REPAIR SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

Item 1H - Page 55
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item 1H - Page 56

1. 2.

3. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity Roa ~kn !oa.~fu.v--.-
Address of Entity (Principal Place of Business)
7~~~ 'fu~ ,~l
~u,, .. ~ \Jal~e...~, CA 0(7;2.S(Y
Local or California Address (if different than #2)
~,~
I
~ G~~~, lrc_ j

4. f te ~te Ent_itY is Registered with Secretary of State 1 /l11u w-f\\lA.

If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
¼Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
~(tV\ ~CL ~fficer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other
l -v 1~n .. \)V\ Cj___, li{officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
Item 1H - Page 57
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other

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

EXAMPLE
JANE DOE o\~ 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 Disclosing Party, Printed Name, Title Date , 0\--z.._,1::;,\--z_y ·~-~~,.- ~~ '-~ ~c__,v .;~ Item 1H - Page 58
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE THE USE OF PUBLIC ART FUNDS FOR SITE INSTALLATION COSTS IN THE AMOUNT OF $65,000 FOR THE AIDS MEMORIAL

PUBLIC ARTS PROJECT FOR DOWNTOWN PARK
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission is requesting approval to fund $65,000 for site preparation and installation costs of the AIDS Memorial The Well of Love (the Artwork) being donated by Philip K. Smith, III, an internationally recognized local artist (the Artist), to the City for the Downtown Park.

RECOMMENDATION:

1. Approve expenditure of Public Art Funds in the amount of $65,000 for preparation and installation costs of the AIDS Memorial The Well of Love at the Downtown Park.

2. Appropriate Public Art Funds in the amount of $65,000.

3. Authorize the City Manager to execute all necessary documents to facilitate funding for the site preparation and installation of the artwork.

BUSINESS PRINCIPAL DISCLOSURE:

See Attachment A.

BACKGROUND:

At the June 16, 2021, Public Arts Commission meeting, the Public Arts Commission unanimously approved a motion to accept the donation of the Artwork by the Artist for the Downtown Park.

Item 1HH - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
AIDS Memorial
The proposal was also presented to the Parks and Recreation Commission at its July 26, 2021, meeting to discuss placement of the Artwork at the Downtown Park.

The City Council accepted the donation at the September 30, 2021, City Council Meeting.

On May 26, 2022, the City received a request from the AIDS Memorial Sculpture Task Force to pay for the costs of site preparation and installation for the Artwork in the amount of $65,000.

At the June 15, 2022, Public Arts Commission meeting, the Public Arts Commission unanimously approved a motion to recommend the City Council approve $65,000 in Public Art Funds for preparation and installation costs of the Artwork in the Downtown Park.

On June 30, 2022, the City Council approved funding the AIDS Memorial Sculpture in the amount of $65,000 for preparation and installation costs of the Artwork in the Downtown Park.

At the October 1, 2024, Public Arts Commission meeting, the Public Arts Commission reviewed a revised proposal from the AIDS Memorial Sculpture Task Force and Artist (Attachment B). At this meeting the Public Arts Commission approved the design of the Artwork.

At the November 7, 2024, Public Arts Commission meeting, the Artist answered several questions from the October 1, 2024, Public Arts Commission meeting which are provided as Attachment C. At this meeting the Public Arts Commission approved a motion to recommend that the City Council approve $65,000 in Public Art Funds for preparation and installation costs of the Artwork in the Downtown Park.

STAFF ANALYSIS:

The Artwork is being designed specifically for the site by Artist. The location of the sculpture will be in the center of the Downtown Park, located at the northwest corner of Museum Road and Belardo Way. The Artwork is to be donated to the City and will become a permanent fixture in the Downtown Park. The cost to produce the artwork is estimated to be $1,300,000. The Artist is requesting assistance from the City in the amount of $65,000 for preparation and installation costs.

The Artwork will be constructed from marble or granite and will have three oval faces with three-dimensional water ripples on their front faces. The oval faces will be wrapped in a milled, warm-tone marble or granite. The Artwork concept is shown in Figure 1 and Figure 2 below.

Item 1HH - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
AIDS Memorial
Figure 1
The Well of Love
Phillip K. Smith, III

Figure 2
The Well of Love
Phillip K. Smith, III
Adjacent signage will provide the Artwork name and a website link (QR code) to take visitors to the online experience, which will provide deeper engagement with the Artwork.

Item 1HH - Page 3

FOREVER REMEMBERED FOREVER LOVED FOREVER CELEBRATED
City Council Staff Report
November 21, 2024 -- Page 4
AIDS Memorial
The Task Force intends for a more robust poetic experience online that can provide potential elements such as explanations of the Artwork concepts, audio stories of people’s experiences in Palm Springs at the height of the epidemic, the ability to records one’s own story, educational information about HIV/AIDS, and more.

According to Section 3.37.040 (d) of the Palm Springs Municipal Code, permissible expenditures include:
• The cost of artwork and its installation and maintenance; • Waterworks, landscaping, lighting, signage, and other objects which are commissioned from an artist as an integral aspect of a structure or site or which are necessary for the proper aesthetic presentation and structural placement of artwork;
• Frames, mats, pedestals, and other objects which are necessary for the proper presentation of the artwork.

The proposed location is shown below in Figure 3.

Figure 3
Proposed Site
Item 1HH - Page 4
Parking Goroge
• ... ...
,:-
'oo
Museum Woy
ffl.._...•,
Location in Downtown Park
-···
• •• • • ;:r ·•
..... • . "'I
.
r , ~-.
.. •
... ·'·:

City Council Staff Report
November 21, 2024 -- Page 5
AIDS Memorial
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 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:

Approval of this action will authorize the appropriation of $65,000 of Public Arts Funds from the Public Arts Fund Balance and allocate these funds to account 1502550 60030, Public Art – Acquisition.

REVIEWED BY:

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

A. Business Principal Disclosure
B. Revised AIDS Memorial Sculpture Proposal
C. Response to Public Art Commission Questions
Item 1HH - Page 5
Item 1HH - Page 6

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle Initial) E-rnall Address :5 r EN C,,cJ(_ 1 f'/1-Nt/Fl le 411h@d1 ns,e.J.4(Jb"$fvd.o. U//fl\ Position/Title
5(>#6f l'atJP/V H/(.,/7/fLA/ 1fl(.i/l/(,5,+10J' ,,t/lf11(t)JZ,/,1t_JcU.,"lllU r,1;;: NIZCE Address
al/ 5 P~ C~Yc#' ,# 717P
/)_.._ M ,T/' ,It/A.I($ r .; I!!,/' 9-z 2, ff'
'Norh PttontH Reporting Status
Cell Phone: New Disclosure:
7btJ · f,2 -'7Y~~
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.

A "significant position" shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).

A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following:

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.

Item 1HH - Page 7
Organization/ Type of organization: Ownership Interest: Position: No f[nclude the address, city and state where the longer
he organization is located) held:
1 />-H-M f /'e,i>l~<J #P5 MnV/P~',,t, 5?~~41 ,
5t::urlV~ f;ffK- F<l/t.<-E /) /J~t:J/V
2 3
4 5.
6,
~ n;, A-LL r!Ht- t=,tUE /l"l!'Mf30d. ;k€ vowµ'1E'E';f!.s - WtJ UHIIA/5.,ri/f!W P-' r lft'Ar.-r11 ,f' <HI~ F rsOK, PIM'~' ~ ,l,6twrI DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
, l,~afa
On the basis of Information contained In this report, I conclude that the flier is Jn , .
~ompllance with Palm Springs Municipal Code Section 2 60 except as noted In the comments" box below, · '
Comments:

Signature and Title of Agency"s Final Revl-lng Official Item 1HH - Page 8
Palm Springs AIDS Memorial
A Well of Love
September 16, 2024
Phillip K. Smith, Ill
34-330 Gateway Drive, Unit 100
Palm Desert, CA 92211
studio 760.342.4111
email [email protected]
web www.pks3.com
lnsta @phillipksmith3
Item 1HH - Page 9
Parking Garage
Museum Way
Location in Downtown Park
Item 1HH - Page 10
Forever Remembered.

Forever Loved.

Forever Celebrated.

The Palm Springs AIDS Memorial
Item 1HH - Page 11
Item 1HH - Page 12
\
-~ .... 49 re ~-t
... ~
~o~<.r;;,
Item 1HH - Page 13
Item 1HH - Page 14
Item 1HH - Page 15
The new Palm Springs AIDS Memorial is a well of love in the desert. It is a gathering place for love, in much the same way that Palm Springs was a gathering place for those with HIV/AIDS early in the pandemic. People came to Palm Springs because they knew that they would be cared for and supported, which is to say, they knew that they would be loved here.

Love can be expressed through a tear - in both sorrow and joy. A tear shed for the loss of a loved one. And a tear shed for the joyful memory of a loved one.

And so, The Well of Love, our memorial, shares three simple messages: Forever Remembered, Forever Loved, and Forever Celebrated. Each vertical face holds an oval pool of tears unique to its message. Forever Remembered has a single drop sending ripples outward, representing the memory of each unique individual taken from us. Forever Loved has multiple drops, all merging together and representing the community of caregivers, including loved ones, friends, family, medical staff, organizations, local businesses, and so many more. Forever Celebrated presents only the ripple effects from many, many drops coming together to create a rippled surface that represents the lasting effect of the lives we celebrate through this memorial. They have forever affected our lives, our memories, and our community.

The Well of Love is a well that provides an emotional life source. It is a well where tears are deposited, and tears are withdrawn - both in happiness and in grief. It is a touchstone in our community to never forget the lives of those lost to HIV/AIDS and to celebrate the ever-present, extensive, loving community of support that is unique to Palm Springs. - Phillip K. Smith, Ill
Item 1HH - Page 16

FOREVER REMEMBERED
Item 1HH - Page 17

FOREVER LOVED
Item 1HH - Page 18

FOREVER CELEBRATED

FOREVER REMEMBERED FOREVER LOVED FOREVER CELEBRATED
Item 1HH - Page 19
Item 1HH - Page 20
Item 1HH - Page 21
Item 1HH - Page 22
The Memorial creates a distinct
space for remembrance and
reflection, defined by the two entries,
two benches, and 20' diameter
ground plane. With the Memorial
object shifting to a more vertical
orientation that appears to lift
upward to the sky, the new design
provides space for seating and
movement in and around the
Memorial.

Approaching each of the three
"pools of tears", visitors will see
themselves reflected in the Memorial
along with the surrounding desert
landscaping and changing desert
sky. Yourself and the beauty of the
surroundings will be collaged across
the ripples of each Memorial face.

By seeing yourself in the Memorial,
your own stories, memories, and
emotions are added to the collective
pool of grief, loss, hope, and joy.

A visitor seeing themselves reflected in
the Memorial.

Item 1HH - Page 23
At each of the two entries there is a QR
Code bronze plaque located on the
adjacent bench. This QR code will take
visitors to the online experience, which will
provide deeper engagement with the
physical Memorial. By shifting text
explanations and additional support
materials on line, this portion of the
Memorial can be updated, edited, and
added to, thus allowing the physical
Memorial to be a timeless, unchanging
experience.

The Task Force intends for a more robust,
poetic experience online that can provide
potential elements such as explanations of
the Memorial concepts, audio stories of
people's experiences in Palm Springs at the
height of the epidemic, the ability to record
your own story, educational information
about HIV/AIDS, and so much more. This
portion of the project will be more fully
developed in parallel with the Memorial's
fabrication schedule and will be completed
at the same time as the physical Memorial.

Item 1HH - Page 24
0 4'-8"
0 1'-6" I· ·I 1'-6" I· ·I
MATERIALS:
- Overall Structure+ Base: Milled warm toned marble or granite (potentially Shivikashi Granite) TBD after approvals and availability.

Goal: Warm toned/desert-toned, no high contrast veining, and distinctly recognizable as stone.
- Three Oval Faces: 1.5" to 2" thick cast stone with three dimensional water ripples on front face (able to be felt as one's hand touches).

Mirrorpane (first surface mirror) to be laminated to cast glass via PVB exterior grade clear interlayer.
- Ground Plane + Benches: Desert toned pre-cast concrete for benches and entire ground plane. Integrated bronze lettering on ground plane and bronze QR code plaque and skateboard stops within benches. 6'-0"
0 1'-6" I· ·I
Shivikashi Granite (potential stone)
Item 1HH - Page 25
Item 1HH - Page 26
Item 1HH - Page 27
(
Item 1HH - Page 28
I -
Item 1HH - Page 29
Item 1HH - Page 30
Item 1HH - Page 31
Item 1HH - Page 32
At the base of each oval face, an
in-grade uplight will cast raking
light across the dimensional water
ripples of the three different glass
faces. Existing landscape and site
lighting surrounding the Memorial
will provide additional overall
lighting. In particular, the
uplighting on the two adjacent
Mesquite trees to the East and
West will provide a beautiful, lit
canopy.

Item 1HH - Page 33
Palm Springs AIDS Memorial – RESPONSE TO 3 ITEMS FROM PUBLIC ARTS COMMISSION Three questions were brought up during the October 1, 2024 Palm Springs Public Art Commission. The Commission’s questions, via Gary Armstrong/Jay Virata, and the Memorial’s Task Force responses are below:

Palm Springs AIDS Memorial – Online Experience
Arts Commission Question: Service agreement with the eventual digital provider. That will be handled separately with the city attorney but I would suggest you supply Jay and me with a rough timetable including when content will be loaded, how frequently it will be updated, who will be approving the updates and when it is turned over to the ultimate provider. We don’t need to know exactly who will be handling, just that *someone* will be handling and what they are responsible for.

Task Force Response:
• Pending Memorial approval from City Council and achieving fundraising goals, the design of the online experience will occur over 2025 and will be completed for the dedication of the Memorial. Input will be taken from the Task Force, community, and local organizations, knowing from the beginning that the goal is to maintain the online experience for as long as the physical Memorial is in existence here in Palm Springs.
• Konsist, a multi-purpose creative agency based here in Palm Springs, will translate this input into the online experience, establishing the focus, structure, aesthetics, and accessibility. Additionally, they will provide hosting services for the first 5 years.

As a note, Konsist assisted the Task Force with the online presentation of the new design that was made available everywhere publicly as of September 12, 2024, accessible via a QR code or link.
• All updates to the online experience will be reviewed 1-2 times per year for the first 5 years or as needed. The review body will be made up of volunteer community members as well as select individuals from various local LGBTQ+ organizations such as The Center, DAP Health, LGBTQ+ Archives, Desert Regional, etc. Potential information anticipated to be reviewed includes additional personal audio stories, addition of names of those lost to HIV/AIDS, links to local education, support, and health information, and any other pertinent general updates that may arise.

Item 1HH - Page 34
• Costs associated with Konsist's work and hosting over the first 5 years will be $5,750, or about $1,150 per year. After this time, public hosting platforms would cost about the same with anticipated inflation increases. However, if a local organization hosts the website on their own server platform, the yearly costs could be reduced. A full layout of estimated costs are below. • The initial five-year period is anticipated to be the greatest period of review and updates given the establishment of and associated engagement with the Memorial.

During this period, Konsist will work to create a technically efficient methodology for creating various category additions with the anticipation of handing off update work and hosting to a larger local organization with the financial and staffing ability to continue the periodic updates to the online experience. Hosting services, required for every website in existence, could also occur through more typical hosting platforms such as Godaddy, Webflow etc. By this time, the focus, intent, and aesthetics will have been fully established, paving the way for easy, efficient updates.
• As part of the Task Force's fundraising effort, they have set $50,000 as the goal for setting up an investment account that will support and maintain the online experience. Fundraising efforts for this will continue beyond the installation and dedication of the Memorial.

Palm Springs AIDS Memorial Digital Experience 5-Year Maintaince Fee Estimations ITEM

PRICE PER
YEAR
PRICE FOR 5
YEARS
Hosting, Security, Compliance, and Publishing $1,150 $5,750 Web Accessibility & ADA Compliance $490 $2,450
Privacy laws (GDPR, CCPA, PIPEDA, ePrivacy
Regulation) $90 $450
Technical Maintenance $5,160 $25,800
Miscellaneous costs for website maintenance $2,500 $12,500 TOTAL $9,390 $46,950
Item 1HH - Page 35
Sleep/Skate Deterrents on Benches
Arts Commission Question: Visual representation of what you will be doing to prevent people from loitering and sleeping on the benches. This will need to be reviewed by our city IMPACT unit.

Task Force Response: Task Force Head, Dan Spencer, and the Memorial’s artist, Phillip K.

Smith, III met in person twice at the Downtown Park with the Impact team (Kristi Smith and various officers) to discuss this topic.
• At the community Listening Sessions, the topic of providing seating at the Memorial site for reflective, meditative time was brought up many times. The artist has successfully incorporated two sets of curved pre-cast concrete benches that define the outer edges of the Memorial. From the beginning of the new design, there was a series of “seams” built into the benches to allow for the placement of a deterrent. • At Meeting 1 with Impact, the initial proposed deterrent that was about ¾” high was determined to be too minimal. After reviewing the existing concrete benches in the park and photos of deterrent examples provided by Impact, the Artist proposed a curved deterrent that was 2.5” high (most undulations in the DT Park benches were 1” to 2.25” in height). Additionally, it was proposed that these deterrents be placed at every seam in the bench, approximately 20” apart.
• After review, Impact suggested that the deterrents be 4” high. Seeking to maintain a safe, yet clearly welcoming space for those grieving lost ones visiting the Memorial, the artist proposed using the 4” high deterrent located on every other seam. This defined a 17.25” wide x 40” flat space between deterrents. Most existing benches in the park have a flat space of about 30”-36” wide x about 40”-48” long. If placed at every seam, a larger person would not be able to comfortably sit on the bench at the Memorial.
• The Task Force proposes 2.5” high deterrents on every seam (a total of 7 on each bench). The deterrents would be spaced about 20” apart leaving a 17.25” x 20” flat area for each seat on the bench. Current bench conditions at the park as well as the proposed design sent to Impact are shown on the next pages:

Item 1HH - Page 36
Item 1HH - Page 37
Flat area of existing bench compared to Memorial.

Item 1HH - Page 38
Detail rendering with the new bench elements
Item 1HH - Page 39
/
/ ' • >'
Updated rendering with the new bench elements
Item 1HH - Page 40 1 • 20 • 1 1• 4 • 1 • 16 ~------Bronze skate/sleep deterrent ..-IN N /
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16 Section through pre-cast concrete bench with revised bronze skate/sleep deterrent Memorial Maintenance
Arts Commission Question: Maintenance plan, including finances, for regular cleanup and repair. What is entailed if the underground lights blow and the wiring needs to be redone? What’s the lead time and cost for replacing a broken glass panel? How often do you recommend the soot and dust need to be cleaned off of the glass (sadly both seem to be increasing in our area).

Task Force Response:
• We see monthly/annual maintenance being quite minimal and basic, which has been planned from the beginning of the project. There are four materials: Pre-cast concrete (bench and ground), stone (Memorial structure), glass (Memorial faces), and bronze (in-set lettering, QR code plaque, sleep/skate deterrents). The ground, benches, and stone faces will only require occasional blowing off of dust (similar cleaning as the existing park benches and on the same schedule). There is no paint to be repainted and no exposed metal that can rust. Additionally, we are looking into the right anti-graffiti sacrificial coating for these surfaces. The glass face will need to be cleaned as there will most likely be an accumulation of fingerprints from people touching the memorial. Cleaning with Windex and a rag estimated once or twice a month (depending on season) should suffice.
• As for costs, Impact informed us that the City’s Downtown cleaning team is responsible for the upkeep of the park. We would hope that the basic cleaning of the memorial would be scheduled as part of the overall park cleaning process. • A broken glass panel is not defined as maintenance. Rather, that is an insurance issue because there has been damage inflicted onto the Memorial. Every sculpture in the City’s public art collection is susceptible to partial or total loss due to damage and we would imagine total replacement costs would be assembled for insurance purposes. As of now, the total budget for the complete replacement of the Memorial, including ground plane, footings, benches and vertical Memorial is about $800,000. With this said, the vertical Memorial can be assembled/disassembled in thirds if just one stone element or one glass face needs to be replaced. • Regarding costs of replacing one of the three in-grade light fixtures, current selections of high-end manufacturer LED-based fixtures cost about $1200 each.

The LED module is rated to be at 90% of output after 100,000 hours. At an average of 10 hours per night, a fixture would last 10,000 days or 27 years. With this said, most LED manufacturers offer a 5-year warranty or, for an additional cost, a 10-year warranty. Regarding wiring, conduit connections between fixtures and outdoor Carson boxes as per code will facilitate easy re-wiring.

Item 1HH - Page 41

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT 24B186 WITH MPG

CONSTRUCTION, LLC FOR ON-CALL BUILDING REPAIRS AND

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

This action will approve Amendment No. 1 to Agreement 24B186 with MPG Construction, LLC, in the amount of $200,000 for a revised contract amount not to exceed $950,000 for on-call building repair and renovation services.

RECOMMENDATION:

1. Approve Amendment No. 1 to Agreement 24B186 (Attachment A) with MPG Construction, LLC for on-call building repair and renovation services for an additional amount of $200,000 and a total revised contract amount not to exceed $950,000 through September 15, 2027; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment B) submitted on June 6, 2024, MPG Construction, LLC. is registered in the state of California.

BACKGROUND:

The City of Palm Springs requires contract services to provide on-call building repair and renovation services at various City of Palm Springs buildings and facilities. Due to the extent of services needed to make necessary repairs to existing infrastructure, the department’s intent for this most recent solicitation is to award contracts to the two lowest responsive, responsible bidders. Sam’s Construction was awarded the primary contract, approved by Council on July 9, 2024. Council also approved awarding the secondary contract to Ted Construction LLC; however, Ted Construction forfeited signing their Item 1I - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Amend On-Call Building Repair and Renovation Services Contract contract. MPG Construction, LLC. was the next lowest responsive, responsible bidder and was awarded the secondary contract (Attachment C) on September 12, 2024.

Over the last five months, staff has met with Sam’s Construction to discuss their inability to deploy multiple crews for various jobs needed to be undertaken simultaneously. Most recently staff met with Sam’s Construction on October 29, 2024, to discuss reducing their contract obligations and contract amount to better fit their abilities, to which Sam’s Construction was agreeable. Given staff’s desire to continue to retain Sam’s Construction for smaller on-call repair projects, an amendment is in process to reduce their initial contract amount from $950,000 to $300,000.

STAFF ANALYSIS:

This Amendment No. 1 to MPG Construction, LLC Agreement 24B186 will provide for an additional $200,000, and a revised contract amount not to exceed $950,000, moving them from the secondary contractor to the primary contractor for on-call building repair and renovation services.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2A – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024-25 in Facilities Maintenance accounts 5206570-40105, 50105, and 5206570-50119, and will be budgeted in subsequent fiscal years.

Item 1I - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Amend On-Call Building Repair and Renovation Services Contract REVIEWED BY:

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

A. Amendment No. 1 to Agreement No. 24B186
B. Public Integrity Disclosure – MPG Construction, LLC.

C. Contract Services Agreement No. 24B186
Item 1I - Page 3

ATTACHMENT A

Item 1I - Page 4
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 24B186

ON-CALL BUILDING REPAIR AND RENOVATION SERVICES
This Amendment No. 1 to the Contract Services Agreement (24B186), (“Amendment No. 1”), is made and entered into this 21st day of November 2024, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and MPG Construction, LLC, a California Limited Liability Company, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City has determined that there is a need for a licensed and qualified firm to provide building repair and renovation services on an as-needed basis.

B. City issued an Invitation for Bid (“IFB”) No. 24-12, seeking sealed bids to provide building repair and renovation services, and setting for the terms, conditions, and covenants governing the provision of such services.

C. On September 12, 2024, City Council approved a Contract Services Agreement (24B186) with Contractor to provide building repair and renovations services, for a total contract amount of $750,000.

D. Parties desire to modify the contract amount to add an additional $200,000, for a total revised contract amount not to exceed $950,000.

E. Contractor 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
SECTION1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 1.

Item 1I - Page 5
SECTION 2. 3.1. Compensation and Payment. is hereby replaced in its entirety as follows:
“3.1. Compensation and Payment. 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 $950,000.

SECTION 3. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 24B186, 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 24B186, the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 4. 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. 24B186 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Item 1I - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 1 (24B186) BY AND BETWEEN THE CITY

OF PALM SPRINGS AND MPG CONSTRUCTION, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _11/21/2024______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

Department Director
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 1I - Page 7

ATTACHMENT B

Item 1I - Page 8
Item 1I - Page 9

1. 2.

3. 4.

5. Name of Entity
MPG Construction, LLC

PUBLIC INTEGRJTY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principal Place of Business)
PO BOX 30534 San Bernardino CA, 92413
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? D Yes D No Type of Entity
O Corporation x Limited Liabmty Company D Partnership O Trust O 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 offlcers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Mauro P Garcia x Officer O Director D Member x Manager - (name] 0 General Partner O Limited Partner []Other
0 Officer O Director O Member O Manager
[name] 0 General Partner O Limited Partner
• Other
0 Officer O Director O Member O Manager
[name) O General Partner D Limited Partner
• Other
Item 1I - Page 10

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

EXAMPLE
JANE DOE 50%1 ABC COMPAN1
Y Inc.,
(name of owner/investor] (percentage of beneficial interest in entity and name of entity)
A ..

Mauro P Garcia 100%, MPG Construction. LLC
(name of owner/investor] (percentage of beneficial interest in entity and name or entity]
B.
[name of owner/investor) [percentage of beneficial interes 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)

CALIFORNIA

I DECLARE UNDER
THAT

PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, TiU-e
f(A t,,.b f (n,
..

ATTACHMENT C
Item 1I - Page 11

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CONTRACT SERVICES AGREEMENT 24B186

ON-CALL BUILDING REPAIR AND RENOVATION 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 MPG Construction, LLC., a California Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

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

B. Contractor has submitted to City a Bid to provide on-call building repair and renovation 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

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.

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

3. COMPENSATION OF CONTRACTOR

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.

4. PERFORMANCE SCHEDULE

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

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.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 13

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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: Mauro P Garcia, President. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

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).

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.

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7. INDEMNIFICATION.

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.

8. RECORDS AND REPORTS

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.

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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.

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.

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 Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 17

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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.

10.3 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

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: MPG Construction, LLC.

Attention: Mauro P Garcia
PO Box 30534
San Bernardino, CA 92413

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 Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 18

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competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

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

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND MPG CONSTRUCTION, LLC.

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

CONTRACTOR:

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

APPROVED BY CITY COUNCIL:

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

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

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 8/21/2024
09/12/2024 1H
9/12/2024
Item 1I - Page 20

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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 requires the services of a contractor to provide on-call building repair and renovation services at various City of Palm Springs Building and Facilities.

1.2 Scope:

A. Contractor shall furnish labor, materials, and equipment to perform building repairs and minor renovation (Work) on an as-requested basis in city facilities. The scope of Work shall include, but is not limited to carpentry, demolition, drywall, concrete block, stucco, asphalt, finishes and other work normally under the supervision of a general construction contractor. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level. The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.

C. Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work. a. The Contractor shall be solely responsible for correcting any damages caused by on-site work, due to improperly protecting property.

D. Response time: Contractor shall respond to calls for service as follows:
a. Contractor shall respond to department within 48 hours from request for work. i. Requests for proposals shall be provided within 14 days from the initial request. b. Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses include weekends, after-hours and holidays.

E. Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.

F. Historic Properties: Contractor shall have knowledge of the City of Palm Springs Historic buildings and the various historic classifications that shall define and outline the repair and improvements allowed.
a. Contractor shall discuss all modifications with the Project Manager prior to commencement of work.
b. Contractor shall make themselves aware of the City’s historic properties:https://www.palmspringsca.gov/government/departments/planning/hist oric-resources/historic-properties
G. Correction of work deficiencies:
a. 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.
b. 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.

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c. In addition to the Contractor’s other obligations, the contractor shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

H. 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.

I. 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.

J. 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.

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

L. Security:
a. 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. b. 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.

M. 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.

N. Uniforms and vehicles:
a. The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor. Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

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b. Contractor vehicles must display company logo and name.

O. 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 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.

1.3 Bonding:

A. For any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

B. The Payment Bond and Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: PropertyCasualty.

C. Contractor shall deliver, concurrently with City’s approval of any Task Order over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Payment Bond and Performance Bond, a certified copy of the “Certificate of Authority” of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

1.4 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.

3. Project work will be authorized on a Task Order basis. The City will request a scope of work and the Contractor will provide a proposal/quote that corresponds to the pricing detailed in the bid form. The City will authorize the work via a signed Task Order form and corresponding release purchase order.

4. The City will only pay for the items listed on the bid form, and permit and disposal fees.

This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 24

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not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.5 Payment:

1.6 Invoicing:

1.7 Special Security Requirements:

1. Police Department:

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.

2. Airport Secured Access to work areas:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 25

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individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
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iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

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Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 28
. NTG
jf 24,,12)
ITEII SUBTOTAL.
1 2
3 4
s 8Q
6 80
7 80
9 1 1,040
11 80
12 80
13 ( $400.000 1.1 % $464,000.00 20'1.

1.25 Equipment
mark-up
14 • for 10% enter 1.10: sso.ooo .16% 158.000.00 20% enter 1.20; for 25% enter

1.25

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Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 29
1 % $150,0001 1. 6·% $1 4 000.00
NOTE: Th' bid form to del ine e loweS1
uni prices. The contract wil be se at Iha C" y b
ame: MPG ConstnJcfion. LLC

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EXHIBIT “B”

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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

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

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 Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 31

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to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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.

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.

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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EXHIBIT “C”
Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 34

ATTACH F
xecunv ORDER N 22 con , c n
JNVITA-I1 N IFO, BIDS: tlFB 24-12
ON-CA - lllDI GR :Al 01 ,RENOVATION SERVICES
Executive Order N · 22 issued by Govemor GB\lin Newsc
Executive Order - -22 also requ s thal
SUBJECT T ·
TIIJ · Pres«ient
--------- --- -- Fi ame~ M Ccvlslruction, LLC
·-- ---- D : 06-04-2024 (, - Y- Z-1:
te or
ssian

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EXHIBIT “D”
PAYMENT BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work described as follows:

PROJECT NAME
CITY PROJECT NO. XX-XX
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
, a
corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of ________________________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

SIGNED AND SEALED, this ____ day of __________________, 20____.

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY:

By: By:

signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:

signature
(NOTARIZED)
Print Name and Title:

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PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California if
different from above)
(Telephone Number of Surety and
Agent or Representative for
service of process in California)
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PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me, ,
Date Name, Title of Officer
personally appeared ,

NAME(S) OF SIGNER(S)
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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.

Witness my hand and official seal.
__________________________________
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above_____________________________________________________ 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.

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EXHIBIT “E”
PERFORMANCE BOND – PUBLIC WORKS

PROJECT NAME
CITY PROJECT NO. XX-XX
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
,
a corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of ______________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications.

No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 39

Page 29 of 31 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)
Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

SIGNED AND SEALED, this ____ day of ___________________, 20____.

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: SURETY:

By: By

signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:

By:

signature
(NOTARIZED)
Print Name and Title:

By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 “Default by the Contractor”, as further amended by the Special Provisions.

Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 40

Page 30 of 31 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

Page 31 of 31 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me,
Date Name, Title of Officer
personally appeared ,

I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above
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.

Docusign Envelope ID: D943A87C-86FC-4DCF-8E03-D649C83E9225 Item 1I - Page 42

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE THE USE OF PUBLIC ART FUNDS FOR FOUNDATION, ONSITE ASSEMBLY, AND INSTALLATION COSTS IN THE AMOUNT OF $70,000 FOR THE PALM SPRINGS PRIDE MONUMENT BY ARTIST JIM

ISERMANN AT FRANCES STEVENS PARK
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission is requesting approval to fund $70,000 for foundation, onsite assembly, and installation costs for the Palm Springs Pride Monument (the Artwork) by Artist Jim Isermann to be located in Frances Stevens Park. Mr. Isermann’s Biography is provided in Attachment A.

RECOMMENDATION:

1. Approve expenditure of Public Art Funds in the amount of $70,000 for foundation, on-site assembly, and installation costs of the Pride Monument in Frances Stevens Park.

2. Appropriate Public Art Funds in the amount of $70,000.

3. Authorize the City Manager to execute all necessary documents to facilitate funding for the foundation, assembly, and installation of the artwork.

BUSINESS PRINCIPAL DISCLOSURE:

See Attachment B.

BACKGROUND:

On June 6, 2024, the Public Arts Commission reviewed and approved recommending the Pride Monument design to City Council for approval.

Item 1II - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Pride Monument
On July 25, 2024, the City Council approved the request from the Palm Springs Pride Monument Board, a subcommittee of Palm Springs Pride Organization for installation of the Pride Monument in Frances Stevens Park.

On September 5, 2024, the Palm Springs Pride Monument Board requested funding in the amount of $70,000 in Public Arts funds to pay for the foundation, on-site assembly, and installation costs of the Pride Monument in Frances Stevens Park.

At the November 7, 2024, Public Arts Commission meeting, the Public Arts Commission approved a motion to recommend that the City Council approve $70,000 in Public Art Funds for the foundation, on-site assembly, and installation costs of the Artwork in Frances Stevens Park.

STAFF ANALYSIS:

This item was previously reviewed by the City Council at its July 25, 2024, meeting. A copy of the July 25, 2024, staff report on this item is proved as Attachment C.

This request is the result of increased costs associated with the proposed location of the Pride Monument in Frances Stevens Park. When the budget for this project was initially established the location of the Pride Monument was not known.

The Public Arts Commission also recommended specific conditions for approval of Public Art Funds. Specifically, the commitment of Public Art Funds in the amount of $70,000 will be rescinded if the following requirements are not met:
1) The Pride Monument Board is to submit a verifiable budget by March 31, 2025, which includes detailed cost estimates, quotes, contracts, or other evidence of costs for creating and installing the Artwork.
2) A soils test is completed to determine the type of concrete pad and foundation required to support the Artwork and demonstrating the viability and financial feasibility of installing the Artwork at the proposed site. 3) Assembly costs to be funded with Public Art Funds are to be limited to on-site assembly.
4) The installation is to be completed by October 31, 2025. 5) The maximum amount of assistance from the Public Art Fund is limited to $70,000.

A rendering of the proposed artwork is depicted below in Figure 1.

Item 1II - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Pride Monument
Figure 1
Pride Monument
Jim Iserman

The proposed location is shown in Figure 2.

Figure 2
Proposed Pride Monument Site
Item 1II - Page 3
City Council Staff Report
November 21, 2024 -- Page 4
Pride Monument
ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action will authorize the appropriation of $70,000 of Public Arts Funds from the Public Arts Fund Balance and allocate these funds to account 1502550 60030, Public Art – Acquisition.

REVIEWED BY:

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

A. Business Principal Disclosure
B. Artist Jim Isermann Biography
C. July 25, 2024 Staff Report
Item 1II - Page 4
Greater Palm Springs Pride Board of Directors
Position Name
President and CEO: Ron deHarte
Treasurer: Rabbi Dr. Jules King
Secretary: Bill Wheeler
Director at Large: Paulina Angel
Director at Large: Tom Davis
About Palm Springs Pride:

Palm Springs Pride is a 501(C)(3) nonprofit community enhancement organization. We serve as a catalyst for celebrating the strength in our diversity; we stand united for the equal rights of all Americans, and we foster Pride in and respect for al LGBTQ communities locally and globally.

Item 1H - Page 33
Item 1II - Page 5

JIM ISERMANN
1955 Born Kenosha, Wisconsin, lives Palm Springs, CA
1977 BFA University of Wisconsin, Milwaukee
1980 MFA California Institute of the Arts, Valencia

SELECTED SOLO EXHIBITIONS
2024 Wrapture, PDC Design Gallery, West Hollywood, CA
2023 Miles McEnery Gallery, New York
2021 Hypercube, Praz-Delavallade, Los Angeles
2020 Jim Isermann: Copy. Pattern. Repeat., organized by Brooke Hodge, Palm Springs Art Museum, Architecture and Design Center, Palm Springs, CA 2017 Jim Isermann Sculpture, Richard Telles Fine Art, Los Angeles 2016 Jim Isermann. Constituent Components, organized by Henry Coleman and Rupert Norfolk as part of the exhibition series Physical Information, Bloomberg Space, London, UK
2013 Corvi-Mora, London, UK
2011 Mary Boone Gallery, New York
2010 Art Kabinett, Praz-Delavallade, Art Basel, Miami Beach, FL 2009 Plug In #52. Lily van der Stokker and guest: Jim Isermann, Van Abbemuseum, Eindhoven, Netherlands.
2006 Museum of Contemporary Art, Chicago, IL
2005 Deitch Projects, New York
2002 Hammer Projects wall installation, UCLA Hammer Museum, Los Angeles 2001 Feature Inc., New York
2000 Portikus, Frankfurt am Main, Germany
Logic Rules, RISD Museum, Providence, RI
1999 Vega, Le Magasin - Centre National d’Art Contemporain, Grenoble, France Camden Arts Center, London, UK
1998–99 Fifteen: Jim Isermann Survey, curated by David Pagel, Institute of Visual Arts, University of Wisconsin, Milwaukee; Diverse-Works Artspace, Houston, TX; The University of North Texas Art Gallery, Denton, TX; Santa Monica Museum of Art, CA; Weatherspoon Art Gallery, University of North Carolina, Greensboro; Institute of Contemporary Art, Philadelphia, PA
1997 Project Space, Chicago Fine Arts Club, Chicago, IL Studio Guenzani, Milan, Italy
Ynglingagatan 1, Stockholm, Sweden
Robert Prime, London, UK

SELECTED PROJECTS
2024 Book cover, Sleeping with Bashō, haiku by David Trinidad (BlazeVOX Press) Palm Springs Pride Monument, commissioned 2023 for a 2025 completion.

Item 1II - Page 6
2020 Two concrete tile designs: Polygonal, a hexagon shaped tile in three colorways and endless compositional possibilities, and Hedge, a square tile in four colorways and multiple prescribed compositions, Tesselle, Riverside, CA 2017 Space Invader, exterior pavers and interior vinyl wall covering, Southmead Pathology, Bristol, UK
2014 Untitled (Cougar Pride), nineteen 8 × 8-foot mosaic/seeded concrete panels forming a wall and plaza, University of Houston TDECU Stadium, Houston, TX 2012 Petit Five, forty roto-molded polyethylene seating modules for the courtyard of Hagerty Hall at Ohio State University, Columbus, OH, commissioned 2011, installed 2012
I-block, two open edition projects: I-block, a color integrated concrete block system and Utility (Happy) Blanket, a custom screen printed moving/pet blanket, The Workshop Residence, San Francisco, CA.
2010 Untitled, vacuum-formed wall, Cowboys Stadium, Arlington, TX, commissioned 2009, installed 2010
Untitled (Screen/Sculpture), roto-molded polyethylene and bronze anodized aluminum wall for a McKim, Mead & White residence, New York, commissioned 2009, installed March 2010
Untitled, vinyl wall work, Museum of Contemporary Art, Los Angeles 2009 Crump, vacuum-formed wall commission. Stanford University, Standford, CA, commissioned 2008, installed March 2009
2008 Untitled (SEAS/ORFE), thirty-foot-long, chrome plated aluminum and illuminated acrylic sculpture for the Fisher and Partners designed Sherrerd Hall, Princeton University, Princeton, NJ, commissioned 2007, completed August 2008 2007 Untitled (Piccadilly Line Tube Wrap), vinyl wrap of an underground train, April– October, London, UK
2005 Vinyl link entrance mats, permanent installation, Albright-Knox Art Gallery, Buffalo, NY Cyber café ceiling project, Memorial Sloan Kettering Cancer Center, New York, commissioned 2005, completed 2006
Tilfords, a monumental architectural screen LA Metro Customer Service Center at Wilshire and La Brea, Los Angeles, commissioned 2005, completed 2006, building demolished 2015
Modular metal and light wall sculpture, Genomics Building, University of California, Riverside, commissioned 2005, completed 2009
2004 I – Tile, custom shaped tile commissioned for ten exterior balconies and the residential lobby of a mixed use building in North Hollywood, CA. Tile manufactured by Heath Ceramics
2003 Five Pendant Chandelier and Carpet, the University of California, San Francisco, Mission Bay Campus

SELECT AWARD
2001 Guggenheim Fellowship
Item 1II - Page 7

COLLECTIONS
Albright-Knox Art Gallery, Buffalo, NY
Carnegie Museum of Art, Pittsburgh, PA
The Columbus Museum, Columbus, Georgia
Fonds Régional d’Art Contemporain Poitou-Charentes, Angouleme, France Le FRAC Poitou-Charentes, Poitier, France
Laguna Art Museum, Laguna, CA
Los Angeles County Museum of Art, Los Angeles
Masur Museum of Art, Monroe, LA
The Menil Collection, Houston, TX
Museum of Contemporary Art in Buenos Aires, Argentina
Museum of Contemporary Art, Chicago, IL
Museum of Contemporary Art, Los Angeles
Museum of Contemporary Art, San Diego, CA
Museum of Modern Art, New York NY
Palm Springs Art Museum, Palm Springs, CA
RISD Museum, Providence, RI
UCLA Hammer Museum, Los Angeles
San Francisco Museum of Modern Art, San Francisco, CA
Santa Barbara Museum of Art, Santa Barbara, CA
Worcester Museum of Art, Worcester, MA
Item 1II - Page 8

CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: REQUEST BY THE MONUMENT BOARD, A SUBCOMMITTEE OF PALM

SPRINGS PRIDE, TO LOCATE A PRIDE MONUMENT IN FRANCES

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

This is a request by the Monument Board, which is a subcommittee of Palm Springs Pride organization, to install a permanent sculpture at the southeast corner of Frances Stevens Park, which is located at 538 N. Palm Canyon Drive. The proposed monument will be 7- 1/2 feet tall and will be placed on a concrete base with a pathway accessed from the existing sidewalk along Alejo Road.

RECOMMENDATION:

Approve the proposed request and authorize the City Manager to execute any necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Palm Springs Pride is a 501(C)(3) nonprofit community enhancement organization. A list of the Board of Directors for the organization is included as Attachment D to this staff report.

BACKGROUND:

Related Relevant City Actions
06/06/24
The Public Arts Commission reviewed the proposal to place a sculpture in Frances Stevens Park and voted 4 to 0 to approve the request.
07/02/24
The Historic Site Preservation Board (HSPB) voted 6 to 0 to approve a Certificate of Appropriateness for the proposed sculpture at Frances Stevens Park.

Item 1H - Page 1 Item 1II - Page 9
City Council Staff Report
July 25, 2024 -- Page 2
Pride Monument
Staff reviewed the proposal with the Public Arts Commission, although no Public Art Funds have been requested for the sculpture. The purpose for the review was to consult the commission on the location and positioning of the sculpture; the commission unanimously recommended approval of the proposed request to the City Council. A copy of the action minutes from the meeting are included as Attachment B.

In addition, the application was reviewed by the Historic Site Preservation Board (HSPB), as the Frances Stevens School and Park is a Class 1 Historic Site and any modifications to the site require that a Certificate of Appropriateness pursuant to Palm Springs Municipal Code (PSMC) Chapter 8.05. The board determined that the proposed location of the monument will not materially impact the character-defining features of the historic site and approved the Certificate of Appropriateness. Installation of the monument will be subject to the conditions of approval imposed as part of the approval of the application.

A copy of the staff report that was presented to the HSPB and the action minutes from the meeting are included as Attachment C to this report.

A copy of the informational materials that were provided to both the Public Arts Commission and the HSPB is included as Attachment A to this staff report.

STAFF ANALYSIS:

The Pride Art Board of Directors has approached City staff regarding the installation of a LGBTQ+ monument on public property. The purpose of the monument is described as follows:
• The installation will be a visible and lasting tribute to the LGBTQ+ community’s contributions to the City of Palm Springs and the greater Coachella Valley. • The monument will serve as a beacon of hope and inspiration for future generations.
• It will be an educational tool to raise awareness of the LGBTQ+ community’s rich history and culture.
• The monument will create a sense of unity and pride for the LGBTQ+ community. • The installation will be a place where LGBTQ+ people can come together to celebrate their identity and culture, and to feel a sense of pride and belonging with family and friends.

Working with City staff, a site at the southeast corner of Frances Stevens Park was selected (see Figure 1 following). The proposed location is highly visible and accessible from the adjacent streets, while still leaving a large expanse of park area available for programming of events. The monument will be placed on a concrete pad, with an accessible pathway leading from the public sidewalk on Alejo Road to the monument pad.

Item Item 1H - Page 2 1II - Page 10
City Council Staff Report
July 25, 2024 -- Page 3
Pride Monument
FIGURE 1: LOCATION OF PROPOSED SCULPTURE AT FRANCES STEVENS PARK The design of the monument has been created under the auspices of the Monument Board of the Palm Springs Pride organization. The Monument Board invited artists to submit proposals between September 2023 and December 2023. A jury was assembled by the Monument Board to review the proposals; in addition to board members, members of the jury included representatives of the Palm Springs Art Museum, the Parks and Recreation Commission, the Human Rights Commission, and current and former members of the Public Arts Commission. A total of 45 artists from around the world submitted proposals, with the jury selecting a winning design in January 2024.

The selected proposal is from Jim Isermann, a long-time resident of Palm Springs. The design features a concrete base in the shape of the lambda symbol, which is symbol of gay significance. The monument itself is to be constructed from five-sided blocks that will be stacked on internal stainless-steel rods, with the blocks in the eight original Pride colors and the addition of brown and black blocks. The block surfaces will be coated with a faderesistant urethane color and sealed with a graffiti-resistant clear coat. The monument will be 7-1/2 feet high; an image of the monument is shown in Figure 2.

The Monument Board is in the process of raising private funds for the monument. It is intended that the fundraising efforts will continue through the end of the year, with construction to begin in January 2025. Construction is intended to be completed by October 2025, so that the monument can be unveiled and dedicated for the 40th anniversary of Pride celebrations in Palm Springs.

Item Item 1H - Page 3 1II - Page 11
City Council Staff Report
July 25, 2024 -- Page 4
Pride Monument
FIGURE 2: IMAGE OF PROPOSED SCULPTURE
While the monument will be privately funded, its proposed placement in a public park requires approval by the City. If the placement in Frances Stevens Park is approved by City Council, staff will begin working with the City Attorney in preparing the necessary agreements to allow the construction and installation of the monument.

ENVIRONMENTAL ASSESSMENT:

Type here.

ALIGNMENT WITH STRATEGIC PLANNING:

Type here.

FISCAL IMPACT:

No City funds have been requested for the design, construction, or installation of the monument.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item Item 1H - Page 4 1II - Page 12
City Council Staff Report
July 25, 2024 -- Page 5
Pride Monument
ATTACHMENTS:

A. Presentation/Background Materials.

B. Public Arts Commission Minutes – 06/06/24.

C. HSPB Staff Report and Minutes – 07/02/24.

D. Palm Springs Pride Organization – List of Board of Directors.

Item Item 1H - Page 5 1II - Page 13

ATTACHMENT A
Item Item 1H - Page 6 1II - Page 14
Permanent art installation in the City of Palm Springs, California Permanent art installation in the City of Palm Springs, California Item 1H - Page 7
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Item 1II - Page 15
● April 2022 LGBTQ Monument Board of Directors met. ● September - December 2023 - Artists were invited to submit proposals for a permanent art installation to commemorate, honor, and celebrate our LGBTQ+ community members and allies. o 45 artists around the world submitted 53 design proposals based on a RFP issued under the aegis
of Call for Entry and Application Management for the Arts (CaFE) and the Western States Arts Federation. ● January 17, 2024 jury selected winning design ● January 18, 2024 project presented to first community group o The Community Leadership Council o Presentations will be made to community and business groups through 2024. o Construction begins by January 2025 for October completion in celebration of the 40th Anniversary of Pride in Palm Springs.

Finland
Spain
U.K.

Argentina
Pacific Palisades
Cerritos
Pasadena
Palm Springs
Oregon
Florida
New York
Colorado
Michigan
Wisconsin
Washington
Arizona
Vermont
Oklahoma
Idaho
Hawaii
IteItem 1H - Page 8 m 1II - Page 16
● The installation will be a visible and lasting tribute to our LGBTQ+ community's contributions to the City of Palm Springs and the greater Coachella Valley.
● Serve as a beacon of hope and inspiration for future generations. ● It will be a powerful educational tool, helping to raise awareness of our LGBTQ+ community's rich history and culture.
● Create a sense of unity and Pride for our LGBTQ+ community. ● The installation will be a place where LGBTQ+ people can come together to celebrate their identity and culture, and to feel a sense of Pride and belonging with family and friends.

IteItem 1H - Page 9 m 1II - Page 17
The basis for the art monument: The Triangle
● Started with a triangle: one of the symbols most associated with the LGBTQ people ● Symbol began in 1933 with Nazis used downward pointing pink triangle as a literal label sewn to the prison uniforms of gay men and women. ● In 1972, activist group Homosexualle Aktion Westberlin was the first queer organization to reclaim the triangle as a symbol of liberation. ● In 1986 the ACT UP working group Gran Fury reutilized the pink triangle as a battle cry in the fight for HIV/AIDS treatment, creating the now iconic Silence = Death emblem
o Gran Fury mistakenly inverted the triangle – point it up. o New power in the triangle, making it a lasting symbol that communicates strength, resilience, and community.

Item 1H - Page 10
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Item 1II - Page 18
Jim Isermann
● Jim Isermann, a longtime Palm Springs resident, has
over many years built an artistic practice that
encompasses painting, drawing, sculpture, sitespecific installation, and product design. ● Artwork has focused on post-war industrial design
and architecture.
● Pattern, color, geometry, and repetition are the
cornerstones and the generators of his work in all
mediums.
● Work has a strong mathematical base, often a single,
seemingly simple module that through its change in
orientation creates a complex repetition or pattern.
“An artist with a queer sensibility.”
Item 1H - Page 11
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IItem 1II - Page 19
● One color spectrum for the entire monument ● Adopt the original 8-color flag plus brown and black. ▪ Hot Pink ▪ Red ▪ Orange ▪ Yellow ▪ Green ▪ Turquoise ▪ Indigo ▪ Violet ▪ Black ▪ Brown Item 1H - Page 12
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IItem 1II - Page 20
● The installation starts with a poured
concrete lambda shaped
footprint/foundation. ● The Greek letter lambda is a
symbol of gay significance ● It stands for change and kinetic potential ● The Lambda was one of the
first coded symbols for Gay
Liberation when shortly after
the Stonewall Riots in 1969, the
Gay Activists Alliance adopted
it as their logo.

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Item 1II - Page 21
● Steel rods that host the modules like beads onto a string, will be anchored into the foundation. ● The folded stainless steel modules stack on the rods and are epoxied to one another. ● A stainless steel plate will secure the rods at the wall top.

Item 1H - Page 14
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Item 1II - Page 22
The blocks, laid side to side in alternating groups of four and turned forty-five degrees, create either a concave or a convex diamond.

The artist developed a five-sided block form whose two ends are perfect equilateral triangles The block modules are then stackable in a textured wall assembly. Hundreds of triangles coming together to make a monument.

Item 1H - Page 15
I
Item 1II - Page 23
Dimensions
● Circular area is 20 feet in diameter
● Height: 7 ½ Feet
●
wheelchairs or mobility scooters
people with disabilities have access, e.g.,
Cement foundation and pathway to ensure
(subject to modification as project moves forward)
●
monument
prevent people from climbing the
Concave diamond design will help
●
resistant clear coat.
resistant urethane color and graffiti
Surfaces are coated with a fade
Design Considerations
Item 1H - Page 16
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PLAN 11 AO 1 I PALM SPRINGS PRIDE ART
SCALEASNOTEO INSTALLATION PAI.MSPRJNGS, CA
ISERMANN I I D ::C: M= H==A=L=A=B::::::::::: I F=O=R= =Jl=M=IS=E=R=M=A=N::::::: N '-· _F_O_R_ R_E_V_I_E_W ___ ___J_ ~'"-r,::.,,.., """,... ;:;:.:::=::: l=:::::=====:±==:.::J Item 1II - Page 24
● How will the material color hold up in the desert sun? A 3 part industrial urethane system that has a clear topcoat with a 10 year color warranty along with a graffiti and UV resistant topcoat is used. The topcoat can be reapplied easily with spray or roller and in doing so the color layer will be further protected.
● How many years before it fades?
With a re-application of the clear UV resistant topcoat every 8-10 years, the color will not fade. It is a water based urethane paint and topcoat and does not require extensive preparation or tenting when recoated in the future.
● Examples of this type of metalwork exposed to the elements for long periods of time? METALAB Public Art is the metalwork vendor on this project and has completed dozens of projects across the country including Scottsdale, El Paso, and Denver. They have moved toward this paint system due to its durability, color fastness, warranty, and most importantly its ease in touch up and reapplication of the top coat.

Sun and Heat Design Considerations
IteItem 1H - Page 17 m 1II - Page 25
IteItem 1H - Page 18 m 1II - Page 26
Wall of Monument Founding Board of Directors (*Currently Serving) The Pride Art Installation Board of Directors, in conjunction with representatives from the Palm Springs Parks and Recreation Commission, the Palm Springs Human Rights Commission, former members of the Palm Springs Public Arts Commission, and the Palm Springs Art Museum, selected one artist to create an installation designed to commemorate, honor, and celebrate local LGBTQ+ community members and allies.

About the Jury
Fiscal Sponsor
Greater Palm Springs Pride
329 W Mariscal Rd., Palm Springs, CA 92262
Tax Id # 33-0745940
Officers Board
Members/Committee Chairs
President (Al Jones*) Design/Installation (Ann Sheffer) Vice President (Bob Iles*) Fundraising (Lindell Campbell*) Secretary (Elisha Kaskiw) Publicity (Jeff Hocker)
Treasurer (Tom Becktold*) Member (Hugo Loyola *)
Special Advisory (Sue Burnside) Member (Gary Armstrong) Students (Roman Lopez & Lilly Hanner)
IteItem 1H - Page 19 m 1II - Page 27
IteItem 1H - Page 20 m 1II - Page 28

ATTACHMENT B

Item 1H - Page 21 Item 1II - Page 29
Item 1H - Page 22

PUBLIC ARTS COMMISSION MEETING MINUTES

CITY OF PALM SPRINGS, CALIFORNIA
June 6, 2024
Palm Springs City Hall
3200 E. Tahquitz Canyon Way
Large Conference Room
A. CALL TO ORDER:

A regular meeting of the Palm Springs Public Arts Commission was called to order by Chair Gary Armstrong on Thursday, June 6, 2024, at 5:30 p.m. 8 . ROLL CALL:

Present: Commissioners Tom Burns, Carlos Silveira, Vice Chair Newkirk and Chair Armstrong. Not present: Commissioners Shawnda Thomas Faveau, and Christopher Ramirez.

City Staff: Director, Jay Virata
C. PRESENT AT IONS:

D. ACCEPTANCE OF AGENDA:

MOTION BY COMMISSIONER SILVEIRA, SECONDED BY CHAIR ARMSTRONG, CARRIED 4-0 TO ACCEPT THE AGENDA.

E. PUBLIC COMMENTS:

NO COMMENTS
F. REMARKS FROM THE CHAIR:

Chair Armstrong provided condolences on the passing of Richard Wyatt, Jr., the artist behind the mural at James 0 . Jessie Center. Moving forward negotiations for the repair of the mural will take place with his estate to get permission to move forward with repairing the mural.

G. ITEMS FOR DISCUSSION/APPROVAL:

1. Consider Old Las Palmas Neighborhood Organization Request for Funding for Creature Alley.

Chair Armstrong explained how this is a continuation of the Red Dragon project. John Williams presented the request from Old Las Palmas Neighborhood Organization for a contribution of $50,000 for the two sculptures.

Item 1II - Page 30
Item 1H - Page 23
Public Arts Commission Meeting
Action Summary June 6, 2024

Page 2 ends

MOTION TO APPROVE MADE BY VICE CHAIR NEWKIRK, SECOND BY COMMISSIONER SILVEIRA, CARRIED 4-0 TO APPROVE $50,000 FOR OLD LAS

PALMAS NEIGHBORHOOD ORGANIZATION FOR TWO SCULTURES, PRINCE AND BLUE BELLY CRAB FOR CREATURE ALLEY.

2. Consider Pride Monument proposal for permanent art installation in the City of Palm Springs.

MOTION TO APPROVE MADE BY COMMISSIONER BURNS, SECOND BY COMMISSIONER SILVEIRA, CARRIED 4-0 TO MOVE THE PRIDE MONUMENT PROPOSAL TO CITY COUNCIL.

3. Discuss, review, and select artist for Asphalt Art project.

ITEM TABLED DUE TO LACK OF QUORUM. VICE CHAIR NEWKIRK RECUSED HIMSELF DUE TO A POTENTIAL CONFLICT.

H. PROJECT UPDATES:

1. AIDS Memorial - Chair Armstrong reported that th is project will have to come back to the Public Arts Commission us to present their concept and request funding .

2. Eco-Artwalk/Taming of Horses - Chair Armstrong provided an update on the efforts involved with installing this project
I. REPORT FROM DIRECTOR/STAFF:

Director Virata reported on having Mister Alek to have the George Floyd Mural installed.

It is anticipated Mister Alek will be able to restore the mural in July. OirectorVirata also reported on the Airport Mural. Artist Logan Adair is still reviewing the agreement.

ADJOURNMENT: The Public Arts Commission will adjourn to a meeting on August 1, 2024, at 5:30 P.M. in the Large Conference Room of Palm Springs City Hall located at 3200 E. Tahquitz Canyon Way.

MOTION BY CHAIR ARMSTRONG, SECONDED BY VICE CHAIR NEWKIRK CARRIED 4-0 TO ADJOURN at 6:43 PM TO A REGULAR MEETING ON AUGUST 1, 2024, AT 5:30 PM IN THE LARGE CONFERENCE ROOM OF CITY HALL LOCATED AT 3200 E. TAHQUITZ CANYON WAY.

Respectfully submitted,
, Director
ng & Community Development Department
Item 1II - Page 31

ATTACHMENT C

Item 1H - Page 24 Item 1II - Page 32

HISTORIC SITE PRESERVATION BOARD

STAFF REPORT
DATE: July 2, 2024 NEW BUSINESS
SUBJECT: APPLICATON BY PALM SPRINGS PRIDE FOR A CERTIFICATE OF APPROPRIATENESS – MINOR TO INSTALL THE “PRIDE MONUMENT” AT THE FRANCES STEVENS PARK, A CLASS 1 SITE LOCATED AT 538 NORTH PALM CANYON DRIVE (APN #505-325-003), HSPB #7 / CASE CAMI 2024-0005 (SY).

FROM: Department of Planning Services

SUMMARY
This request is to install a permanent sculpture at the southeast corner of Frances Stevens Park. This property, also known as the Frances Stevens School and Park, is a City-owned Class 1 (Landmark) site that contains two historic buildings and a designated landscape design. The proposed sculpture is 7’-10” tall and will be placed on a circular concrete base with a pathway accessed from the existing sidewalk.

RECOMMENDATION:

Grant the Certificate of Appropriateness – Minor to install the proposed sculpture with the following conditions:
- During installation, all existing landscape features, including but not limited to the trees and rolling berms, must be properly protected.
- The sculpture and all associated features including the concrete pad, pathway and light fixtures are to be regularly serviced and maintained.

BACKGROUND AND SETTING:

The Frances Steven School and Park occupies an entire city block between Alejo Road and Granvia Valmonte. The school was first built on this site in 1927 while the surrounding landscape evolved with the needs of the community. In 1972, landscape architect David Hamilton was hired to design the park with the intent to create an open and pleasant feeling in this part of downtown.1 The layout of the two historic buildings created courtyard-like spaces in between the structures, while the large open lawn to the south was visually unobstructed with integrated pathways providing access to the space from the street. Class 1 designation of the property identified the structures as well as the park. 1 Frances Stevens School & Park Report by Steven Keylon, 2018.

Item 1H - Page 25 Item 1II - Page 33
Historic Site Preservation Board Staff Report July 2, 2024 HSPB 7 / Case CAMI 2024-0005 – Certificate of Appropriateness

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BELOW AN AERIAL VIEW OF THE SUBJECT PARCEL

BELOW A CONCEPTUAL RENDERING OF THE PROPOSED

SCULPTURE IN THE REQUESTED LOCATION ON SITE
Relevant and Recent Past Actions
November 7, 1984 Frances Stevens School & Park designated by City Council 1999 Installation of the “Rainmaker” in the southwest corner of Frances Stevens Park
2018 Historic Landscape Design Report and assessment
Item 1H - Page 26 Item 1II - Page 34
Historic Site Preservation Board Staff Report July 2, 2024 HSPB 7 / Case CAMI 2024-0005 – Certificate of Appropriateness

Page 3 of 4 ends

ANALYSIS:

Pursuant to Municipal Code Section 8.05.110 (Alterations of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness), HSPB shall evaluate the proposal for compatibility and mitigate any adverse impacts to character-defining features of the historic resource by reviewing it for compliance with the four criteria:

Certificates of Appropriateness (“C of A’s”) are processed pursuant to Municipal Code Section 8.05.110 as follows:

Criteria and Findings for alterations to Class 1 sites:

The HSPB shall approve the C of A’s if the following findings can be met

1. That the proposed alteration does not significantly impact or materially impair the character-defining features of the historic resource as listed in the resolution for historic designation, or, where a character-defining feature may be impacted, the proposed alteration minimizes that impact as much as possible.

The proposed sculpture will be installed on a concrete pad near the edge of the site and will not impact the existing trees and vegetation. The sculpture is approximately 7’-10” in height and spans 14’ along the pedestrian sidewalk. It is roughly 140’ from the historic structures and proposed in a location of the park that was intended to be inviting and open. The “Rainmaker” is another art piece that was installed in 1999 in the southwest corner of the property. The proposed location co-locates the art pieces on the southerly side of the park and does not materially impair the character-defining features of the historic buildings or the landscape design. The project conforms to this finding.

2. That the proposed alteration will assist in restoring the historic resource to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource;
The proposed installation does not directly assist in restoring the historic buildings or landscape features, but it is consistent with the design intent of the site. With the installation of public art in the proposed location, the open lawn is further enhanced as a communal space for engagement with a pleasant feeling which was one of the intended goals for employing David Hamilton as the landscape architect. The existing landscape features like the trees are intended to remain in place. The project conforms to this finding.

3. That any additions to the historic resource are consistent with the massing, proportions, materials, and finishes of the existing historic resource, and: (i) can be distinguished from the existing historic resource as may be appropriate; or (ii) are indistinguishable from the historic resource as may be appropriate, and where such alterations are clearly documented in the City’s archival file for the historic resource as being non-original to the historic resource;
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Historic Site Preservation Board Staff Report July 2, 2024 HSPB 7 / Case CAMI 2024-0005 – Certificate of Appropriateness

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While the sculpture may not fit the exact definition of an addition, the compatibility of the art piece with the surrounding context is important to consider because the historic resource and its character-defining features must remain the focal point of the site. The proposed sculpture is pedestrian in scale and will not overshadow the historic structures and will likely be subordinate to the mature trees, which will remain. The material finishes and colors for the piece are clearly distinguishable from the historic resource eliminating any confusion between what is considered historic and non-historic material. The proposed project conforms to this finding.

4. That, in cases where Federal funds are to be utilized in financing the proposed alterations, the alterations are consistent with the Standards for the Treatment of Historic Properties, as put forth by the U.S.

Secretary of the Interior.

No federal funds are involved in the proposed project.

ENVIRONMENTAL ASSESSMENT:

The proposed alteration is considered a project pursuant to the guidelines of the California Environmental Quality Act (“CEQA”). Staff has evaluated the proposal relative to the CEQA Guidelines and determined the project to Categorically Exempt from further evaluation under CEQA as a Class 31 because the project proposes rehabilitation of the historic site that is consistent with the Secretary of the Interior Standards. The proposed scope of work does not radically change, obscure or destroy character-defining features of the buildings or the surrounding landscape.

CONCLUSION:

As proposed, the installation of the sculpture in this location maintains the existing landscape design and does not materially impair or diminish the site’s historic significance. The location is adequately distanced from the historic structures and does not alter any significant features of the existing landscape. The necessary criteria for the issuance of a Certificate of Appropriateness are met, and staff recommends approval with the condition as listed above in the recommendations.

PREPARED BY: Sarah Yoon, Associate Planner/Historic Preservation Officer REVIEWED BY: David Newell, Assistant Director of Planning Services Attachments:

A. Vicinity Map.

B. Application, related background materials, photos.

C. City Council Resolution for Designation.

D. Historic Landscape Design Report and Analysis (Case #3.1074).

Item 1H - Page 28 Item 1II - Page 36

HISTORIC SITE PRESERVATION BOARD

CITY OF PALM SPRINGS, CALIFORNIA
Action Summary
Regular Meeting of July 2, 2024
3200 East Tahquitz Canyon Way, Palm Springs, California 92262 Large Conference Room
CALL TO ORDER:

The Chair called the regular meeting to order at 5:30 p.m.

ROLL CALL:

Present: Vice Chair Nelson, Rosenow, Hansen, Bachman, Moruzzi, Maschka Hitchcock.

Absent: Herr.

Staff Present: David Newell, Assistant Director of Planning Services, Sarah Yoon, Historic Preservation Officer & Associate Planner
REPORT OF THE POSTING OF AGENDA: The Agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) by 6:00 pm on Thursday June 27, 2024, and posted on the City’s website as required by established policies and procedures.

ACCEPTANCE OF THE AGENDA:

Motion by Member Rosenow, seconded by Member Hansen to accept the agenda.

AYES: Nelson, Rosenow, Hansen, Bachman, Moruzzi, Maschka Hitchcock.

NOES: None.

ABSENT: Herr.

PUBLIC COMMENT: None.

ELECTION OF OFFICERS:

Jade Nelson voted Chair of HSPB: 6-0
Eric Rosenow voted Vice Chair of HSPB: 6-0
Motion by Member Moruzzi, seconded by Member Hansen to elect Jade Nelson as Chair and Eric Rosenow as Vice Chair.

AYES: Nelson, Rosenow, Hansen, Bachman, Moruzzi, Maschka Hitchcock.

NOES: None.

ABSENT: Herr.

1. CONSENT CALENDAR:

1.A. APPROVAL OF MINUTES: June 4, 2024 HSPB MEETING.

RECOMMENDATION: Approve.

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Historic Site Preservation Board Action Summary
July 2, 2024

Page 2 of 3 ends

1.B. A REQUEST BY THE DURHAM FAMILY TRUST FOR APPROVAL OF A MAJOR ALTERATION TO A CLASS 3 SITE LOCATED AT 1077 NORTH ROSE

AVENUE, AND ASSOCIATED REVIEW FOR POTENTIAL RE-DESIGNATION OF A CLASS 3 SITE TO A CLASS 1 OR 2 HISTORIC RESOURCE (APN #505- 091-005), CASE HDEMO 2024-0009.

RECOMMENDATION: Take no action, allow the processing of the major alteration, and determine pursuant to CEQA that this action is not a project.

Motion by Member Hansen, seconded by Member Moruzzi to approve all items on the consent calendar.

AYES: Nelson, Hansen, Bachman, Moruzzi, Rosenow, Maschka Hitchcock.

NOES: None.

ABSENT: Herr.

2. PUBLIC HEARINGS:

2.A. APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC SITE DESIGNATION OF “THE GAS COMPANY BUILDING” LOCATED AT 211 NORTH SUNRISE WAY, (APN 508-070-016) CASE HSPB #158 (SY).

Motion by Vice Chair Rosenow, seconded by Member Moruzzi to adopt the findings and recommend that the City Council designate the “Gas Company Building” (HSPB 158) as a Class 1 historic landmark site, subject to conditions.

AYES: Nelson, Hansen, Bachman, Moruzzi, Rosenow, Maschka Hitchcock.

NOES: None.

ABSENT: Herr.

3. UNFINISHED BUSINESS: None.

4. NEW BUSINESS:

4.A. APPLICATION BY PALM SPRINGS PRIDE FOR A CERTIFICATE OF APPRORIATENESS - MINOR TO INSTALL THE “PRIDE MONUMENT” AT THE FRANCES STEVENS PARK, A CLASS 1 SITE, LOCATED AT 538 NORTH PALM CANYON DRIVE (APN #505-325-003), HSPB #7 / CASE CAMI 2024- 0005 (SY).

Motion by Member Hansen, seconded by Vice Chair Rosenow to approve the Certificate of Appropriateness – Minor and determine pursuant to CEQA Section 15331 that this action is exempt.

AYES: Nelson, Hansen, Bachman, Moruzzi, Rosenow, Maschka Hitchcock.

NOES: None.

ABSENT: Herr.

Item 1H - Page 30 Item 1II - Page 38
Historic Site Preservation Board Action Summary
July 2, 2024

Page 3 of 3 ends

4.B. APPLICATION BY SMOKE TREE, INC FOR APPROVAL TO DEMOLISH A CLASS 4 SITE LOCATED AT 1801 EAST PALM CANYON DRIVE AND ASSOCIATED REVIEW FOR POTENTIAL RE-DESIGNATION OF A CLASS 4 SITE TO A CLASS 1 OR 2 HISTORIC RESOURCE (APN 510-020-049), CASE HDEMO 2024-0011 (SY).

Motion by Vice Chair Rosenow, seconded by Member Hansen to take no action, and allow the processing of the demolition, and determine pursuant to CEQA that this action is not a project.

AYES: Nelson, Rosenow, Hansen, Bachman, Moruzzi, Maschka Hitchcock.

NOES: None.

ABSENT: Herr.

5. DISCUSSIONS: None.

BOARD MEMBER COMMENTS:

STAFF COMMENTS:
- Amended HPO approval for the Certificate of Appropriateness addressing the east elevation of the PS Airport due to building safety requirements. - Expected Applications:
o Certificate of Appropriateness for the PS Airport baggage claim expansion: HSPB Review
o Minor Alteration to a Class 3 Site for the PS Library project: HPO Review - Information and clarification about the recent City-initiated Section 14 Historic Context Study
ADJOURNMENT: The Historic Site Preservation Board adjourned at 7:41 p.m. to its regularly scheduled meeting on Tuesday, September 3, 2024 at 5:30 PM, in-person in the Large Conference Room at City Hall.

Item 1H - Page 31 Item 1II - Page 39

ATTACHMENT D
Item 1H - Page 32 Item 1II - Page 40
Greater Palm Springs Pride Board of Directors
Position Name
President and CEO: Ron deHarte
Treasurer: Rabbi Dr. Jules King
Secretary: Bill Wheeler
Director at Large: Paulina Angel
Director at Large: Tom Davis
About Palm Springs Pride:

Item 1H - Page 33 Item 1II - Page 41

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE GOODS PURCHASE AGREEMENT NO. 24B257 WITH PB

LOADER CORPORATION FOR A POTHOLE HOT PATCH TRUCK
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Agreement No. 24B257 with PB Loader Corporation in an amount not to exceed $227,521.13 for a Pothole Patch Truck for Public Works / Street Maintenance Division.

RECOMMENDATION:

1. Approve Goods Purchase Agreement No. 24B257 (Attachment A) with PB Loader Corporation to provide a pothole patch truck for an amount not to exceed $227,521.13.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on September 24, 2024, PB Loader Corporation is registered in the state of California.

BACKGROUND:

Public Works submitted a budget request and was approved for funding in the Fiscal Year 24-25 budget to add one hot pothole patch truck for an amount not to exceed $270,000.

The Street Maintenance Division has a need for one pothole hot patch truck to meet the increasing demands for pothole repairs and street maintenance throughout the city.

STAFF ANALYSIS:

An Invitation for Bids (IFB 24-29) was initiated by the City’s Procurement & Contracting Department on August 19, 2024, based on the Department Public Works specifications.

Item 1J - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Approve Pothole Patch Truck Purchase
Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Two bids were received by the September 24, 2024, deadline as follows:

Vendor Bid
PB Loader Corporation – Fresno, CA $227,521.13
Haaker Equipment Company – La Verne, CA $313,950.63
Staff recommends approval of Goods Purchase Agreement No. 24B257 with PB Loader Corporation in the amount not to exceed $227,521.13.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are available in Fiscal Year 2024-25 Fleet account 5106570-60020.

REVIEWED BY:

A. Contract Services Agreement No. 24B257
B. Public Integrity Disclosure
Item 1J - Page 2

ATTACHMENT A

Item 1J - Page 3
1 CITY OF PALM SPRINGS
GOODS PURCHASE AGREEMENT 24B257

POTHOLE PATCH TRUCK
This Goods Purchase Agreement (“Agreement”) is entered into this 21st day of November 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and PB Loader Corporation, a California Corporation (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

2. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “B”, attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. The total amount of Compensation shall not exceed $227,521.13

3. TERM.

Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on November 25, 2024, and ending on November 24, 2027, unless extended by mutual written agreement of the Parties.

4. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under this Agreement. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Item 1J - Page 4
2 5. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of Three (3) years on mechanical or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under this Agreement. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this paragraph.

C. For any breach of the warranties contained in this Section, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section, City will not be limited to the remedies set forth in this Section, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be Item 1J - Page 5
3 made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit “A,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “A” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

Item 1J - Page 6
4 E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

8. SCHEDULE FOR DELIVERY.

The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.

In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $ 0.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

9. TAXES.

Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.

Nothing in this Agreement shall be construed to be inconsistent with this relationship or status.

All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Item 1J - Page 7
5 11. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

12. INDEMNIFICATION.

A. To extent permitted by law, Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of damages, attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk.

Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

13. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); Item 1J - Page 8
6 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City.

All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

14. LIENS.

Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to Item 1J - Page 9
7 file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

15. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.

In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under this Section, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to this Section, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to this Section.

16. FORCE MAJEURE
Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting Goods described herein if such failure or delay is due to a Force Majeure Event. A Item 1J - Page 10
8 Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (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 Goods); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

17. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
A. Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Supplier, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Supplier or its successor, or for breach of any obligation of the terms of this Agreement.

B. Conflict of Interest. Supplier acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Supplier 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. Supplier warrants that Supplier 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.

C. Covenant Against Discrimination. In connection with its performance under this Agreement, Supplier 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”). Supplier 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, Supplier certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Supplier 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 Supplier 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.

18. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

Item 1J - Page 11
9 CITY:

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
SUPPLIER:

PB Loader Corporation
5778 West Barstow Avenue
Fresno, CA, 93722
Attn: Michael Flaherty
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

Item 1J - Page 12
10 K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

19. 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 FOLLOWING PAGE]
Item 1J - Page 13
11 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS

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

CONTRACTOR:

APPROVED BY CITY COUNCIL:

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

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

By: _____________________________ Date: ___________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1J - Page 14
12 Exhibit A
Goods Specifications
And
Delivery Schedule
[ATTACHED]
Item 1J - Page 15
13 Background:

The City of Palm Springs Street Maintenance division has a need for one Hot Pothole Truck/Patch Truck to meet the increasing demands for pothole repairs and street maintenance throughout the City.

Scope:

A. The Contractor must supply One (1) Hot Pothole Truck/Patch Truck per specifications below.

1. Patcher:

Asphalt patcher (1.5 cubic yard capacity) equipped with radiant heater, thermostatically controlled LPG burner, hydraulic top lids and doors, Kevlar chain conveyor, hand torch, shovel apron, 25-gallon LPG tank, installation, and painted black.

2. Emulsion System:

Emulsion spray unit heated by truck cooling system, Y strainer, fill basket, hydraulically powered, 10-gallon solvent tank, 35-gallon emulsion, wand with 25’ hose, 10-gallon waste tank, thermometer, auxiliary electric heat system, installation, and painted black.

3. Emulsion System Options:
12V Electric compressor

4. Compaction Tools:
a. Compactor Lift Platform, Hydraulic
b. Compactor Plate – Wacker WP1550AW Honda
c. 8-gallon poly water tank with 10’ hose and spigot

5. Hose Reels
a. Hose Reel – ½” x 25’ for emulsion.
b. Hose Reel – 3/8” x 25’ for torch.
c. Hose Reel – 3/8” x 25’ for solvent.
d. Hose Reel – Dual ½” x 25’ for HYD Hammer

6. Hitch Plate and Pintle
a. Hitch Plate with D-rings with 7 and 6 wire plugs.
b. Premier Model 150 Combo Pintle and 2” ball

7. Heating
a. LPG Tank 20-gallon horizontal with quick fill and level gauge

8. Wands
a. Air blow gun with 25’ hose (Req. compressor option or truck air) b. Solvent pump and wand with 25-foot hose
Item 1J - Page 16
14 9. Spoil Bins
a. Cap guard with PB logo and perforated window.
b. 18” Small spoils bin

10. Work Platforms
a. 12” work platform/catwalk with handrails and ladders

11. Storage
a. 24” Toolbox
b. Holder – Spring asphalt lute – Stainless Steel
c. Holder – Spring shovel – Stainless Steel
d. Small lockable side tool basket

12. Hammer Systems
a. Hydraulic tool circuit with flow meter, PSI gauge, and fan oil cooler b. Hydraulic hammer BR-67 with asphalt cutter and tamper pad c. Lockable hammer hanger

13. Discharge Systems
a. Pivotal asphalt chute

14. Warning Systems
a. Strobe – Whelen Microns MCRNSA LED (Set of 2)
b. Strobe – Whelen 500 series LED (Set of 2)
c. Traffic Advisory – Able (Show Me) 10 light LED.
d. Arrow board – WANCO model WFP180B6-LSAC 36”x72”, 25 lamp LED with 180 degrees power tilt, cab controls.

15. Safety Accessories
a. Dual front bumper cone holder (Male)
b. Fire Extinguisher 5#
c. Triangle Kit
d. Water Igloo (5-gallon) with bracket assembly
e. PA system
f. Equipped with city radio.
g. White in color to include PS Logo.
h. Two (2) sets of Operation/Maintenance manuals shall be provided. i. A complete set of drawings shall be submitted. Descriptive literature, technical data and photographs shall be included with the bid. j. Delivery to Palm Springs Fleet Operation yard costs shall be included in the bid.
k. A preconstruction meeting and final inspection meeting will be held with vendor. The bid shall include any necessary cost to host requested meeting to include flights and lodging for three (3) City Fleet Operations personnel. l. Warranty: Manufacturer’s warranty 3 years or more

16. Cab and Chassis
2024 F-600 4X2 Regular cab chassis with 7.3 L V-8 335HP gas-powered engine, 10-speed automatic transmission with PTO provision, 26.5-gallon mid-ship fuel Item 1J - Page 17
15 tank, air conditioning, power windows, payload package, cruise control, auxiliary switches, running boards, 4 keys with FOB, steel wheels, painted white. AQMD, CARB compliant.

B. Delivery:

Delivery to City of Palm Springs Fleet Operations no later than one-hundred fifty (150) days after placement of an order and the costs shall be included in the bid.

C. Training for City of Palm Springs Staff:

Factory maintenance and operation training to be conducted for five (5) City Fleet Operations personnel.

Compensation:

Work will be compensated on a lump sum basis that is inclusive of all costs related to the specifications and requirements. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1J - Page 18
16 Exhibit B
Fee Schedule
[ATTACHED]
Item 1J - Page 19
17 Item 1J - Page 20

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 24-29)

POTHOLE PATCH TRUCK
Responding to this IFB for one Pothole Patch Truck. 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 accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees. etc. that are not already included or incorporated in the below unit costs.

ITEM
1 DESCRIPTION UNIT QUANTITY UNIT PRICE SUBTOTAL
Pothole Patch Truck per scope Lump 1 227,521.13 227,521.13 Sum TOTAL (Enter this amount in PlanetBids) 227,521.13
Firm Name: PB Loader Corporation
James Laurenti =.-=:::.::--;:.:....:---... Signature of Authorized Person: ........ ~u,., Printed Name: James Laurenti
Title: Quotation Representative
Date: 9/20/24
18 Exhibit C
Item 1J - Page 21
ATTACHMENT "F"
EXECUTIVE ORDER N-6~22 CERTIFICATION
INVITATION FOR B10S (IFB 24-29)

POTHOLE PATCH TRUCK
Executive Order N~6-22 issued by Governor Gav·n Newsom on March 4, 2022, directs all ag:encies and departments that are subject to the Governor's authority to (a) tem,inate any contracts with any 1indivi:duals or entities that a11e detennined to be a target of economic sanctions against Russia and Russian entities and individua s; and (b) refrain from ,entering into any new contracts with suoh individual's or entities whrle ~he aforementioned sanctions are in effeot
Executive Order N5 6-22 also 11equiires that any contraotor tihat: (1) ourrently has a contract with lihe City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a Ibid 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 1is not the target of any economic sanctions against Russia and Russian ,en,titiies and indlividuals.

The contractor hereby certifiies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor 1is not a target of any economk sanctions against Russian and Russian entities and indiviiduals as discussed in Executive Order N.16-22 and b) the person signing below is duly autihori1zed to legally bind the Contractor. This certiifi.cation 1is made under the laws of the State of Califomia.

James Laurenti ::'.S=E-~-
s:ignature: ---"'"'"''" .. _....,,
Pri1n1ed Name: James Lau re nti
Title: Quotations Representative
Firm Name: PB Loader Corporation
Date: 9/20/24

ATTACHMENT B
Item 1J - Page 22

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
FOther ___________________________
_______________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
F Other __________________________
________________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
F Other __________________________

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity PB Loader Corporation
5778 West Barstow Avenue
✔
✔
Jason Thompson
✔ President
Chris Drake
✔ Controller
Monica Davis
✔ Human Resources
Item 1J - Page 23
• •
• • • • •
• • •• •
• •
• •• • •
•
•
••• • • •
•
Item 1J - Page 24

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.

Sharon Thompson 21.00%
(name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Susan S. Nury 10.72%
(name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Roxanne S . Stephenson 10.72%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

Dianne S. Nury 10.72%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.

Christopher Stephenson 5.92%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.

Kelly Stephenson 5.92%
[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.

Date
9/20/24

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE THE EXPENDITURE OF PUBLIC ART FUNDS FOR FOUR

ARTSCAPE IN PARKS PROJECTS AND APPROVE THE SELECTION OF 1) SHAPES AND SIZES BY BEN SINOR FOR INSTALLATION AT
DESERT HIGHLANDS PARK, 2) ROVER BY JEFF ZISCHKE FOR
INSTALLATION AT VICTORIA PARK, 3) DANCER 6 BY LYLE LONDON FOR INSTALLATION AT GATEWAY PARK, AND 4) SPEGODY BY JACK HOWARD-POTTER FOR INSTALLATION AT BARISTO PARK; AND
APPROPRIATE PUBLIC ART FUNDS IN THE AMOUNT OF $100,000.

FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission recommends that the City Council appropriate Public Arts Funds in the amount of $100,000 to be used for the Artscape in the Parks Projects at Gateway Park ($50,000) and Baristo Park ($50,000). This is in addition to the appropriation of Public Art Funds previously approved by City Council (Attachment A) for Artscape in the Parks Projects at Desert Highland Park ($50,000) and Victoria Park ($50,000).

The Public Arts Commission is also recommending the City Council approve the installation of the following four Artscape in the Parks Projects at the designated locations:
1) Rover by Jeff Zischke at Victoria Park; 2) Shapes and Sizes by Ben Sinor at Desert Highlands Park; 3) Spegody by Jack Howard-Potter at Baristo Park; and 4) Dancer 6 by Lyle London at Gateway Park, collectively the “Artworks.” RECOMMENDATION:

1. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks project at Gateway Park.

2. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks project at Baristo Park.

3. Appropriate Public Art Funds (Fund 150) in the amount of $100,000.

Item 1JJ - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Artscape in the Parks

4. Approve the installation of Rover by Jeff Zischke at Victoria Park; Shapes and Sizes by Ben Sinor at Desert Highlands Park; Spegody by Jack Howard-Potter at Baristo Park; and Dancer 6 by Lyle London at Gateway Park.

5. Authorize the City Manager to execute all necessary agreements to implement the Artscape in the Parks Project.

BACKGROUND:

On February 1, 2024 at a Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $100,000 of Public Arts Funds for the proposed Artworks.

On February 29, 2024, the City Council approved using $100,000 of Public Arts Funds for the Artscape in the Parks Projects at Victoria Park and Desert Highland Park.

A call for artists for the Artscape in the Parks Project was released July 11, 2024. Thirtynine proposals were submitted in response to the call for artists by the deadline of August 29, 2024.

On September 17, 2024, at a Special Meeting of the Public Arts Commission, the commission selected two top proposals for each of the four parks.

On October 1, 2024, at a Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $100,000 of Public Arts Funds for two additional Artscape in the Parks artworks for installation at Gateway Park and Baristo Park.

The Artworks were presented to the respective neighborhood groups and Parks and Recreation Commission.

At the November 7, 2024 Public Arts Commission meeting, the Commission approved substituting Shapes and Sizes by Ben Sinor in place of another artwork from an artist located in Poland who could not commit to the production schedule required for this project due to the distance the art piece would have to travel and its size.

At this time, the Public Arts Commission is requesting appropriation of an additional $100,000 in Public Arts Funds to fund Artscape in the Parks projects at Gateway Park ($50,000) and Baristo Park ($50,000); and to approve installation of Rover by Jeff Zischke at Victoria Park; Shapes and Sizes by Ben Sinor at Desert Highlands Park; Spegody by Jack Howard-Potter at Baristo Park; and Dancer 6 by Lyle London at Gateway Park.

STAFF ANALYSIS:

The Call for Artists was released on July 11, 2024, and was posted on the City’s webpage, Publicartist.org and codaworx.com call for artists sites. It was also sent to over 100 artists Item 1JJ - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Artscape in the Parks
in the City’s database. Thirty-nine proposals were submitted in response to the call for artists by the deadline of August 29, 2024.

The scope of work and requirements for the Artworks included the following:
• Create new, permanent sculptures.
• The sculptures can be any shape, form, or design.
• They can be one large piece or multiple smaller pieces. • The proposed site-specific artwork should feature imagery and a color palette that is welcoming, with the focus on themes that promote community, healthy living, family, and mutual collaboration.
• Works that explore an expanded notion of public sculpture and engage the community members are encouraged.
• All entries must be original work and artists are encouraged to be creative in their selection of materials while considering safety requirements common to publicly accessible works of art.
• All work must be safe, tamper-resistant, and easily maintained, regardless of the ease of public reach.
• Artwork must withstand a public and desert environment, mainly extreme heat but including windy conditions, for the duration of the installation. • In addition to being relevant to the demographics of each community, the artwork must satisfy reasonable standards of permanence and safety, meet all relevant codes required for public places, and offer reasonable proof of soundness against theft, vandalism, or excessive maintenance and repair.
• As the sites where the works will be displayed are in high pedestrian traffic areas, the safety of the public, including children, must be taken into consideration. • Work must be as vandal-proof as possible and cannot have sharp edges or be easily breakable or bendable.
• Work must be of sufficient size to minimize the possibility of theft. • All work entered must be freestanding and suitable for long-term outdoor public display.
• All accepted entries must be capable of being properly secured to a concrete pad, or securely anchored in the ground.
• Artists will be required to apply for appropriate permits (such as building permits and electrical permits) and be approved by respective City departments. • The Arts Commission will consider the submission of appropriateness to each community; the applicant’s professional qualifications; proven ability to undertake projects of a similar scope; and artistic merit as evidenced by the submitted materials and professional history.
• One artist can submit distinct quotes for each commission opportunity but will only be awarded for one park.
• The winners will not be eligible for future Artscape opportunities. • The Artscape program is open to all artists 18 years of age or older.

Item 1JJ - Page 3
City Council Staff Report
November 21, 2024 -- Page 4
Artscape in the Parks
• The sculpture shall be appropriate in scale, material, form, and content for the immediate, general, social, and physical environments with which they relate. • The artwork may not be electrified or include any electrical components. • The artist is to propose the recommended method of attachment, including cost.

City reserves the right to change the method of attachment depending on design of the selected artwork and placement location.
• The location for the artwork will be determined by the City and may be influenced by the presence of sprinklers and other underground facilities.

The recommended artists and proposed artworks being recommended by the Public Arts Commission are listed below. The Artists’ biographies are provided in Attachment B.

Rover by Jeff Zischke at Victoria Park
Rover is designed as an iconic landmark and gathering place for Victoria Park in Palm Springs. The sculpture is designed as a large geometric based dog that is built on the grand scale, is colorful and interactive working as a magnet for people to meet and enjoy the park environment. The sculpture is made of steel with an internal framework that is painted with a yellow ochre highly durable exterior rated UV finish. Rover is 15 feet tall, 12 feet long, and 5 feet wide.

Rover by Jeff Zischke
Rover by Jeff Zischke
Proposed Location at Victoria Park
Item 1JJ - Page 4
City Council Staff Report
November 21, 2024 -- Page 5
Artscape in the Parks
Shapes and Sizes by Ben Sinor at Desert Highlands Park
Shapes and Sizes is a representation of the beauty of people from all walks of life while also paying homage to the natural world around us and its everlasting beauty. Through the utilization of various types of cacti in blossom, community and the diversity within it are represented. With the pieces in blossom, it demonstrates that the community is comfortable with itself and in collaboration via the willingness to demonstrate their true selves. Shapes and Sizes will be constructed of painted carbon steel. Shapes and Sizes is approximately 12 feet tall and has an estimated weight of 3,000 pounds collectively.

Shapes and Sizes by Ben Sinor
Shapes and Sizes by Ben Sinor
Proposed Location at Desert Highland Park
Item 1JJ - Page 5
City Council Staff Report
November 21, 2024 -- Page 6
Artscape in the Parks
Spegody by Jack Howard-Potter at Baristo Park
The sculpture is a large colorful body part collage. Placing body parts in odd places and using a mix of limbs and components created interesting, intriguing forms. The sculptures read like figures; the body parts were easily identifiable but not ordered in the “right” way.

Viewers are at once comfortable with the sculptures and also inquisitive and confused.

The addition of the bright colors further draws viewers in and celebrates the different shapes as figurative but put together in a new and exciting way. The sculpture’s figurative elements and the colors will reference the viewers’ own experiences; they may recall their favorite sports team’s colors, the colors of their flag, school or landscape, and recognize the human forms. This makes the sculpture widely appealing because there are many ways viewers can identify with it. Spegody is 10 feet high, 24 feet long, and 18 feet deep.

Item 1JJ - Page 6
City Council Staff Report
November 21, 2024 -- Page 7
Artscape in the Parks
Spegody by Jack Howard-Potter
Spegody by Jack Howard-Potter
Proposed Location at Baristo Park
Item 1JJ - Page 7
City Council Staff Report
November 21, 2024 -- Page 8
Artscape in the Parks
Dancer 6 by Lyle London at Gateway Park
‘Dancer 6’ is made of aluminum plates which are formed, welded, and ground smooth.

The color shifting automotive paint shows a jade and magenta coloration which changes from different angles of view and consists of 4 layers- an etching primer, a black undercoat, a color shifting coat, and a final clear coat of catalyzed urethane. Dancer 6 is 11 feet tall and 7 feet wide.

Dancer 6 by Lyle London
Dancer 6 by Lyle London
Proposed Location at Gateway Park
Item 1JJ - Page 8
City Council Staff Report
November 21, 2024 -- Page 9
Artscape in the Parks
ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action will authorize the appropriation of $100,000 of Public Arts Funds from the Public Arts Fund Balance and allocate these funds to account 1502550 60030, Public Art - Acquisition.

REVIEWED BY:

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

A. February 29, 2024, Staff Report
B. Artist Biographies
Item 1JJ - Page 9

ATTACHMENT A
Item 1JJ - Page 10

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT VICTORIA PARK AND $50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT JAMES O. JESSE PARK
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission recommends the City Council approve appropriating Public Arts Funds in the amount of $100,000 to be used for the Artscape in the Parks Project (Artworks) at James O. Jessie Park ($50,000) and Victoria Park ($50,000). The project concept is to honor the cultural history of James O. Jessie Park and Victoria Park and their surrounding communities through art.

RECOMMENDATION:

1. Appropriate Public Art Funds (Fund 150) in the amount of $100,000.

2. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks at James O. Jessie Park Project.

3. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks at Victoria Park Project.

BACKGROUND:

On February 1, 2024, at a Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $50,000 of Public Arts Funds for the proposed Artwork.

STAFF ANALYSIS:

The proposed Artworks are in the conceptual phase. As the concept evolves and advances, it is anticipated that a Call for Artists will be issued. Before advertising and Item Item 1CC - Page 1 1JJ - Page 11
City Council Staff Report
February 29, 2024 -- Page 2
Artscape in the Parks
promoting the Call for Artists to the artist community it would be prudent to appropriate and allocate sufficient funding for the proposed Artworks. At this time, the Public Arts Commission is seeking approval for the use of $100,000 of Public Art Funds to proceed with implementing the proposed Artwork.

As described in the attached Project Statement by the Public Art Commission (Attachment A), the proposed Artwork:
• May be any shape form or design.
• May be one large piece, or multiple smaller pieces which enhance each other. • The Artwork should feature imagery and a color palette that is welcoming, with the focus on themes that promote community, healthy living, family, and mutual collaboration.
• It should explore an expanded notion of public sculpture and engage the community members.
• The maximum amount for the entire project will be $50,000.

As with past public art projects in parks, the Public Art Commission will coordinate and work closely with the Parks and Recreation Commission. The Public Arts Commission will facilitate communication, oversee the artist selection process, and the production and installation of the Artworks.

It is anticipated that the call for artists will be released in June 2024 and the installation of the artwork will occur April 2025 in conjunction with World Art Day 2025. After the Call for Artists is complete, staff will return to City Council for approval of the artists and proposed Artworks.

ENVIRONMENTAL ASSESSMENT:

Item Item 1CC - Page 2 1JJ - Page 12
City Council Staff Report
February 29, 2024 -- Page 3
Artscape in the Parks
ALIGNMENT WITH STRATEGIC PLANNING:

REVIEWED BY:

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

A. Public Art Commission Project Statement
Item Item 1CC - Page 3 1JJ - Page 13
The Palm Springs Public Arts Commission:

Artscape in the Parks
The City of Palm Springs Public Arts Commission is seeking artwork for their inaugural Artscape In The Parks program.

The artwork will be part of a public art expansion and park improvement project lead by the Palm Springs Public Arts Commission in conjunction with the Palm Springs Parks & Recreation Commission. The goal of this project is to honor the rich cultural history of the each community and to bring art into each neighborhood hub—their local park.

The first two commissions will be for two installations: one in Victoria Park and one at the James O. Jessie Desert Highland Unity Center.

Future installations in other parks will be announced separately.

Each commission is for 50k.

The sculpture can be any shape, form or design.

The installation can be one large piece, or multiple smaller pieces which enhance each other. The total commission amount per park does not change.

The proposed site-specific artwork should feature imagery and a color palette that is welcoming, with the focus on themes that promote community, healthy living, family, and mutual collaboration.

Works that explore an expanded notion of public sculpture and engage the community members are encouraged.

The Artscape program is open to all artists 18 years of age or older. All entries must be original work and artists are encouraged to be creative in their selection of materials while considering safety requirements common to publicly accessible works of art.

All work must be safe, tamper-resistant, and easily maintained, regardless of ease of public reach.

Artwork must withstand a public and desert environment, mainly extreme heat but including windy conditions, for the duration of the installation.

In addition to being relevant to the demographics of each community, the artwork must satisfy reasonable standards of permanence and safety, meet all relevant codes required for public places, and offer reasonable proof of soundness against theft, vandalism or excessive maintenance and repair.

Item Item 1CC - Page 4 1JJ - Page 14
As the two sites where the works will be displayed are in high pedestrian traffic areas, the safety of the public, including children, must be taken into consideration. Work must be as vandal-proof as possible and cannot have sharp edges or be easily breakable or bendable. Work must be of sufficient size to minimize possibility for theft.

All work entered must be freestanding and suitable for long-term outdoor public display.

All accepted entries must be capable of being properly secured to a concrete pad, or securely anchored in the ground.

In making their decision, the Arts Commission will consider the submission of appropriateness to each community; the applicant’s professional qualifications; proven ability to undertake projects of a similar scope; and artistic merit as evidenced by the submitted materials and professional history.

One artist can submit distinct proposals for each commission opportunity, but will only be awarded for park. The winners will not be eligible for future Artscape opportunities.

Rough timetable (coincidentally aligns with World Art Day 2025) Feb 1: Arts Commission approves
March 14/28 Council approves
April 1- May 24: Contract work
June 10- Call For Artists goes live
August/September Submissions chosen by the Arts Commission.

September: Council approval.

April 15 2025: Installation in Parks.

Note: Timing is conditional on Council approval at the beginning and the end of the process.

Item Item 1CC - Page 5 1JJ - Page 15

ATTACHMENT B

ARTIST BIOGRAPHIES
Item 1JJ - Page 16
Ben Signor
Item 1JJ - Page 17
La1Nilf\e11ese Ben.' inot
Tu~sa OK
E1111h1i II: lbsinorra'.;email.co:m
A.irru.t Obj,ecti1n•
BenDesigned~ U.C
BenD,esiqned lnstaqram
Phone: 9ll8) 719-::-ln
To :s•ernr,e pub]ic & priva<e :srn]pmre contracts o bo ster my career iin the ads as we.ll as pro.ride oOilllDl!lllitiesi;. \ ~iith original .ymhols that l:hey c;;m rake pride in a!Dd feel represented by.

Edueatiun Cenffi.ca1i.ou :Awa1rds
• May _(LO: outheMtem Oklahoma State Um,rer"ity Master of Bnsiiness Administration
• May OHi: Lnivers~ty of Tulsa B.S. Medhamc'311 Engineering Career Histo,ry
Cu11s1.1'ltai11t{Owner I BenDe:(gned, LLC I August 2020 - Prese111 t • Profess:ionaJ iE-ngmeer (license o,. 33494)
• e:rtified . ohdi\\ oiks Expert (C-.S:3U9.S J2VF)
• 017- 018: li,farcy L.ui"'le.:s Sei:vioe A.vardl
• Art commis.s ioning work centeired around large, ta Ttcat,eid soul'pt e.s,.

SUIJ k Total portfo lio to d!a1te,. 3 public insta llations. pertorm ed or pendi111 g. • ledhriicall engineeirin,g consu lt.mt for over 2'5 com l)anies o d1at e .. • Novel product de.si g111s fur ma111ufactunng from ro111cept to :scalable .w ll1.1 tions .. Consumer & industrial ap pricatiions ..

BenDesigned, ULC PD F P'o rtfo io
Benpesjgned Pes;gn Render Yideo
Manageir, Eingine;e;ring l Linde Engineeling Am eirica.s. I September 2023 - Present • IR:esponsiible for all projects and em ployees within th e Polt of Catoosa location 's IEnginee rin,g Team • Annual pro·ect cos:i:-$35 m illlo111.
[l irectm, Cu11tin1.1ous Improvem ent I ZEVA!C I Jan1.1ary 2023 - Septem ber 2023 • IR:espontS1i le for d'ri!Jing ove;rarching stra e,gic d'irect·o111, roadhin,g and lead e~ ip effolts to enh ance company effioi e;ncy and efficacy acro.ss muftlip1e deipa111 e;nts. 1Q1.1.ali1ty Manager & Senior Pniduct Eingineer I ZEVA.C I September 202.1 - Jiantiary 2023 • Developed comp lex as.seimbl es for high pressure engjneerin,g applications tlha1t generate --$ 25 Mi[lion a111m11all:,,O.
• M anaged all asp ects of Quality M anagem ent S,,•stems,. ensuring ,eingineen111g specifications. a111dl n:ationaljloca I codes w ere ad e,red o ..

Man1.1faCituring Engineer I llD Wil liam.son I Jun e 2018 - Sept.e mb-e;r 2021 • Led-$2.4 million iri c:apitall projects, oWTi ing all aspects of exernttion, d.esrgn~ and ~ope adheirerice .. • Rede.signed existing products a.s. w ell as d e:velopied new produa:s. gerierating-5100 million in annual revenue~
Jack Howard-Poter
Item 1JJ - Page 18
Biography
Jack Howard-Potter was born on January 2, 19 5 in N ew York City, and graduated fm m Union College in 1997 with a Bachelor of Arts where he wrote his thesis "Figui:ative Steel Sculpture" .

After college, Jack worked for a blacksmith making furn.iture, was a teacher's assista.n t at The Art Students Lea.gue of liew York and worked with the Tribeca Film Festival.

He has permanent and long-term displays in sculpture park s, municipalities and gallen es across the country including Florida, Georgia, ew J erse ·, "\ irginia, N orth Carolina, "\ ermont, and Illinois.

In 2021 J a.ck made the 1958 Championship Game sculp ture for the N FL Hall of Fame, in Canton, Ohio. Stan ding 30 feet tall, the monumental figure of diving football player, Raymond Berry, is gravity defying. Th e six thousand pounds of steel covered in a silv er skin took 8 months to co1nplete and represents a major success in Jack's career.

Jack resides in ew York City with his wife, Erica, daughter, Skylar, and son, Lyndon. He is a board member of The Art Studen ts League of ew York, attends ballet and dance to inform his work and most recently completed a commission for the USA IBC in .Jackson i[ississippi. H e ha.s had bis sh1dio in Long Island City Queens since 2006.

Jeff Zischke
Item 1JJ - Page 19
Statement
I am an accomplished, internationally exhibited artist and designer with both a passion for and significant experience in successfu lly planning and executing large-scale, site-specific public art and interactive environments.

Having created temporary and permanent public sculpture, designed lighting for public spaces, and integrated the two for both civic and commercial clients, I've employed a wide range of materials, with varied technical aspects and engineering that are required to install large scale art in the public realm. My approach to projects of this scope always places the highest priority on responding to not only the site's features and nuances, diverse stakeholders' needs, and community engagement but also to the larger iconographic requirements of the work itself, all to ensure high levels of visitor delight and interactivity My subject matter may be varied and the forms quite diverse but each sculpture installation that I create is a well thought out art installation that is innovative, creates a visual link to the site engaging people that experience it.

One of the compl iments that I have received is that I have a full grasp of scale. Creating the grandeur in a public art project requires technical expertise, experience and knowledge of materials but also understanding that the elements need to relate not only to the installed environment and architecture but also to the people that will take part in experiencing the sculpture.

Critical functions of public art are the fabrication, installation, maintaining timeline and staying on budget but also creating a discovery space. I can proudly state that I have a reputation for being organized, team collaborator, prepared, on-time within budget and following through with sustainability and conservation. All told, I am experienced artist particularly adept at planning and executing large-scale projects that achieve, and exceed, their goals, creating a unique sense of place. I would enjoy the opportunity to work with your team on this exciting project together.

Lyle London
Item 1JJ - Page 20
l..yle London- Sculptor
20il(]J E lllln·iversiity Dr, Sui 6" Tempe, AZ
8521!1,1 te 48Cll..33Cll..81391
WEBSlfE - lylelondon.,cmn
11!:DIJJCAUON
Dartmoulh College, B.A. Cum Laude
SELIEC-liElll OOMMIS&tONS
2023 Sll HELIXES - 3 d'eck sruspendBd $Ctlllpture tor Sun \Fiincess, cruise, sllip 2022 'TEXAN GHIO:Sl'& 'STISARMAN GIHOST-, stainless sculptures 23" · igll ai Falcon Fi ld -rport, es~. AZ. .20211 RANOhlO hlElLIX, SlllSJl!lTided diohro-o glass sou pturo tor NM PulIDlio Arts .20211 U~E:ITTY 1H EI\ID s1Lai ess me,sll susp0mi1,dl soulprur0, ILang'.hfilll !Ho.tel 13osto:ni, Ml\ 2019 WhllRUIVIIND', oorten Sl'teel, Kaiser IF\3 rrmanenf , San Diego,, CA 2020 COLOR~RZ. suspended llig'h soulp ire, Oasis o11119 Seas cnf .sh2018 ' MIRRO . hlH l!X', W' high suspenaledl glass ands al sculptuli9, Ollarlssto:n WVA Oivic Ce er 20118 'SPIRE:', 35' high sbf 'less s el sou'lprure for <thi Distriicti Oourt IPla!Za, Provo,, UT 2017 UNION EUX', Symphorry o th.e Seas On( Sh- , Royal Ca: -IIDbean Oruise,s 2017 'OIJAD EUX', Chemistry Anneoc atriium, l.lnivl!lrsity o.f 1111 ois, l.lrnana IL 201 16 'EGRIET' 11 2' lhigh $Ctlllpture, in Corfen sme l fm City o Temlii'9 ati The l:ellij)9 IL.r~e,s, 20116, 2015 'IJEIFMSl-f, 112' lhig $Ctlllpture, i Corfen .sme l, Lara:m-e, Counfy Community College Pathfinde r Oenter, Oh.fl'lenne,, IY
20 14 'AllRORA:', 45' diruneter suspended diohro:io glass sou'lpture, enlry atrium Item 1JJ - Page 21
2013 'WHIRLWIND HELIX', dichroic glass suspended sculpture, atrium of Kaiser Hospital, Fontana, CA
2012 'IWU HELIX'. 2(1 high dichroic glass sculpture Ames Rotunda, Illinois Wesleyan University 2011 ' 17 SOARING", stainless stool sculpture for Renc,.yn Institute for Cancer, Reno N 2010 'TRINITY', 18' high aluminum sculpture , Northwestern College, St Paul, MN 2009 'WOVEN DOME & SP1RE', 45' diameter aluminum dome crowned with a 1 fl stainless spire, CGrritos Tc,.yne Center, C8rritos CA
2008 'MONTANA', 33' high interior copper relief wall sculpture, Sheraton Grand Hotel, Phoenix, AZ

SELECTED COU ECTIONS - CORPORATE & PUBLIC
Kaiser Permanente Hospital, Fontana, CA
Kaiser General Hospital, San Diego, CA
City of Cooitos, CA
City of Charleston, WVA
City of Fountain Hills, AZ
City of Chandler, AZ
City of Tempe, AZ
American Airlines, Phoenix, AZ
Unum Inc., Portland, ME
Indiana lnsuranc.e, Indianapolis, IN
Western Digital, Irvine, CA
Sheraton Grand Hotel, Phoenix, AZ
Princess Cruises
Royal Caribbean Cruises
Langham Boston Hotel
Alwmo College, Milwaukee, WI
Iowa State Uniw rsity, Ames, 10
Scottsdale Community College, Scottsdale, AZ
Phoenix College, Phoenix, AZ
Northwestern College, St Paul, MN
Illinois Wesleyan University, Bloomington, IL
University of Illinois, Urbana, IL
Laramie County Community College, Cheyenne, WY
Chandler Cootar for 1118 Arts, Chandler, AZ
Renown Healthcare, Reno, NV
Renown Institute for Cancer, Reno, NV
Wellesley-Newton Hospital, MA
~ imon Pro!"l'lrty n.ro111'). NY. NY
Utah Public Arts
New Mexico Public Art
Louisa Stickland on Lyla London's Triple Helix at Amas School of Art Rotunda, IWU, The Illinois Wesleyan University Helix was to b8 transformed from being an 'exclusiw ' sculpture hanging in a tower into a living, breathing phenomenon to be enjoyed by all passing through the campus . The sculpture - an intricate work of extreme eleganc.e inspired by nature's recurring spiral forms - was commissioned by th8 University. It is part of a series of Helical artworks conceived by London that are intended for public atriums. His studio has been located in Tempe, Arizona for 25 years, and he has been using dichroic glass in most wor1cs sinc.e 2000.

QUALIFICATIONS
rve created many large scale public art features for environments as diverse as healthcare facilities , universities, hotels, offic.e buildings, and cruise ships. I have worked with budgets r:Ner $1,000,000 and am highly experienc.ed in managing complex projects in coordination with engineers, general contractors, architects, and stakeholders. I work directly in 30 CAD to design most of my work. I have a current Arizona Contractors Uc.ense (ROC 212553}, and I am bonded and insured.

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ONE NEW 2025 JOHN DEERE 320P BACKHOE IN AN AMOUNT NOT TO EXCEED $213,125.96
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will authorize the purchase of one new 2025 John Deere 320P Backhoe for the Public Works Department, at a purchase price not to exceed $213,125.96 through the national Sourcewell Cooperative Contract No. 011723-JDC.

RECOMMENDATION:

1. Approve the issuance of a purchase order to R.D. Offutt Company dba RDO Equipment Co., for the purchase of one new 2025 John Deere 320P Backhoe in an amount not to exceed $213,125.96 (Attachment A), inclusive of the purchase price and sales tax of $193,750.87 and a 10% contingency of $19,375.09; and

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure form for R.D. Offutt Company dba RDO Equipment Co., a corporation registered in the state of North Dakota, is included as Attachment B.

BACKGROUND:

The Public Works Department currently operates and maintains one 2005 backhoe between all City departments. This purchase will allow for a back-up unit during repairs and allow for additional deployment for roadway clean-up during wind and flood storms.

STAFF ANALYSIS:

The Department worked on the requirements needed for this piece of equipment to identify the best value product. Staff has initiated this purchase through Sourcewell’s Item 1K - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Authorize Purchase of John Deere Backhoe
national cooperative purchasing program John Deere Construction Retail Sales, awarded contract no. 011723-JDC for the procurement of heavy construction equipment with related attachments and technology. The purchase is proposed through R.D. Offutt Company dba RDO Equipment Co., as an authorized dealer for John Deere Construction Retail Sales. This cooperative contract includes provisions that allow the awarded vendor to extend the same contract pricing to other public agencies. As such, pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize procurement of equipment under this pricing afforded through this cooperative contract.

Department Make/Model Cost
Public Works 2025 John Deere 320P Backhoe* $ 193,750.87 10% Contingency $ 19,375.09
Total Cost $ 213,125.96
*Equipment Year, Make and Model may change due to availability This requested action includes the purchase of one new 2025 John Deere 320P Backhoe.

The equipment to be acquired in this action is a traditional diesel-powered piece of equipment that meets California Air Resources Board standards. The engine is EPA Final Tier 4 (FTA) EU Stage IV emission certified and doesn’t require a diesel particulate filter or exhaust gas recirculation system.

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2024-25 in Fleet account 5106560-60020.

Item 1K - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Authorize Purchase of John Deere Backhoe
REVIEWED BY:

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

ATTACHMENT A
Item 1K - Page 4
Retail Purchase Order
RDO Equipment Co.
83-300 Avenue 45
Indio CA, 92201
Phone: (760) 342-8900 - Fax: (760) 342-8909
Bill To:

CITY OF PALM SPRINGS
PO BOX 2743
PALM SPRINGS, CA, 922632743

RIVERSIDE ()
(760) 323-8225
Ship To:

CITY OF PALM SPRINGS
459 N CIVIC DR
PALM SPRINGS, CA, 92262-0331
(760) 323-8225
Purchase Order Date:

Purchase Order #:

Purchaser Account #:

Customer Purchase Order #:

Customer Purchaser Type:

Customer Market Use:

Location of First Working Use:

Dealer Account Number:

Sales Professional:

Phone:

Fax:

Email:
11/5/2024
1819944
8225007
Daniel Budget#
Governmental - City/Town/Village
Underground - Gas/Water/Electric
PALM SPRINGS, CA, 92262-0331
177645
Jim Davis
(951) 778-3700
[email protected]
Equipment Information
Quantity Serial Number
Stock Number
Hours
(approx.)
Status / Year / Make / Model
Additional Items
Cash Price
1 TBD
TBD
0 New 2025 JOHN DEERE 320P $243,831.68
Freight in John Deere Factory Freight In $4,995.00
Freight Out Freight to Palm Springs $500.00
Prep / Reconditioning PDI/FUEL/EIN/DEF/BOOM PLATE $2,995.00 Customer Discount Source Well Discount 43% From List Price Contract#011723-JDC Member ID#75934
($103,525.51)
Warranty -John Deere Power Train & Hyd.-60 Months, 3000 Hours,Deductible: 0, Exp Date: 11/5/2029
1 TBD
TBD
0 Attachment - New 2024 JOHN DEERE 410HD12 $1,688.00
Customer Discount Sourcewell Discount 14% ($236.32)
1 TBD
TBD
0 Attachment - New 2024 JOHN DEERE 410HD18 $1,926.00
Customer Discount Sourcewell Discount 14% ($269.64)
1 TBD
TBD
0 Attachment - New 2024 JOHN DEERE 410HD24 $2,341.00
Customer Discount Sourcewell Discount 14% ($327.74)
1 TBD
TBD
0 Attachment - New 2024 JOHN DEERE 410HD36 $3,336.00
Customer Discount Sourcewell Discount 14% ($467.04)
1 TBD
TBD
New 2024 OKADA AMERICA TOP60 $22,975.00
Freight in OKADA Factory Freight to Indio $795.00
Customer Discount Sourcewell Discount 14% ($3,216.50)
Equipment Subtotal: $177,339.93
D1819944
Item 1K - Page 5

Page 1 ends

Palm Springs City CouncilNovember 21, 2024

Palm Springs City Council
November 21, 2024