CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
MARCH 12, 2025
3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
3:30 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
March 12, 2025 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. PALM SPRINGS ANIMAL SHELTER
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of February 27, 2025.
B. APPROVE CONTRACT SERVICES AGREEMENT NO. 25P055 WITH
March 12, 2025 City Council Regular Meeting Agenda 3
B. APPROVE CONTRACT SERVICES AGREEMENT NO. 25P055 WITH
CLIFTONLARSONALLEN LLP FOR PROFESSIONAL AUDITING SERVICES RECOMMENDATION:
Approve Contract Services Agreement No. 25P055 with CliftonLarsonAllen LLP to provide professional auditing services for an initial three-year term in an amount not to exceed $393,627 beginning March 13, 2025, through March 12, 2028, with two one-year extension options at the City’s sole discretion; and
1. Authorize the City Manager or designee to execute all necessary documents.2.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 02-01-25
TOTALING $2,710,467.25 AND ACCOUNTS PAYABLE WARRANTS DATED 01-16-25 TOTALING $6,215,245.30, IN THE AGGREGATE AMOUNT OF $8,925,712.55 DRAWN ON BANK OF AMERICA."
D. APPROVE CONTRACT SERVICES AGREEMENT NO. 25B038 WITH
INDUSTRIAL WASTE UTILIZATION, INC. FOR ON-CALL HAZARDOUS WASTE
DISPOSAL SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION:
Approve Contract Services Agreement No. 25B038 with Industrial Waste Utilization, Inc. to provide on-call hazardous waste disposal services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
1. Authorize the City Manager or designee to execute all necessary documents.2.
March 12, 2025 City Council Regular Meeting Agenda 4
E. APPROVE CONTRACT SERVICE AGREEMENTS NO. 25B056 AND 24B058 WITH R&R B INC DBA SERVPRO OF PALM SPRINGS AND 25B057 AND 25B059 WITH DESERT VALLEY RESTORATION, INC. FOR ON-CALL GENERAL EMERGENCY
RESTORATION AND REMEDIATION SERVICES
RECOMMENDATION:
Approve Contract Services Agreement 25B056 with R&R B Inc DBA Servpro of Palm Springs to provide on-call general emergency restoration and remediation services for the Public Works department in an amount not to exceed $600,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
1. Approve Contract Services Agreement 25B057 with Desert Valley Restoration, Inc. to provide on-call general emergency restoration and remediation services for the Public Works department in an amount not to exceed $400,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
2. Approve Contract Services Agreement 25B058 with R&R B Inc DBA Servpro of Palm Springs to provide on-call general emergency restoration and remediation services for the Parks & Recreation department in an amount not to exceed $200,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
3. Approve Contract Services Agreement 25B059 with Desert Valley Restoration, Inc. to provide on-call general emergency restoration and remediation services for the Parks & Recreation department in an amount not to exceed $135,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
4. Authorize the City Manager or designee to execute all necessary documents.5.
F. APPROVE COOPERATIVE PURCHASE AGREEMENT NO 25C048 WITH UNITED RENTALS (NORTH AMERICA), INC. FOR EQUIPMENT RENTAL SERVICES RECOMMENDATION:
Approve Cooperative Purchase agreement 25C048 with United Rentals (North America) Inc., for equipment rental services in an amount not to exceed $375,000 for an initial three-year term beginning March 13, 2025, and continuing through March 12, 2028, with two one-year extension options by mutual written agreement;
1. Authorize the City Manager or designee to execute all necessary documents.2.
March 12, 2025 City Council Regular Meeting Agenda 5
G. APPROVE EXPENDITURE OF PUBLIC ART FUNDS IN THE AMOUNT OF $80,000
FOR BEAUTIFUL SHADE PROJECTS BY ARTIST ROGER REUTIMANN IN THE AMOUNT OF $50,000 FOR THE PARKSIDE GOSSIP PROJECT, AND ARTISTS ADDIE BOSWELL AND MATT CARTWRIGHT IN THE AMOUNT OF $30,000 FOR
THE DRAGONFLY BENCH PROJECT
RECOMMENDATION:
Approve expenditure of Public Art Funds in the amount of $50,000 for the Parkside Gossip Beautiful Shade project by Artist Roger Reutimann.
1. Approve expenditure of Public Art Funds in the amount of $30,000 for the Dragonfly Bench Beautiful Shade project by Artists Addie Boswell and Matt Cartwright.
2. Authorize the City Manager to execute all necessary agreements to implement the Artscape in the Parks Project.
3. H. APPROVE CONTRACT SERVICES AGREEMENT NO. 25B067 WITH EMERGING COMPOUNDS TREATMENT TECHNOLOGIES, INC. FOR PFAS CLEANING
SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Contract Services Agreement 25B067 with Emerging Compounds Treatment Technologies, Inc. to provide PFAS cleaning services for Palm Springs International Airport in an amount not to exceed $403,600 for the two-year term beginning March 13, 2025, through March 12, 2027.
1. Appropriate $403,600 from the Airport Fund 415 to Airport account 4157035-40105.
2. Authorize the City Manager or designee to execute all necessary documents.3.
I. APPROVE COOPERATIVE PURCHASE AGREEMENT 25C071 WITH PRESIDIO
FOR DISASTER RECOVERY PROTECTION
RECOMMENDATION:
Approve Cooperative Purchase Agreement 25C071 with Presidio Networked Solutions Group, LLC, for pre-paid disaster recovery protection for an amount of $467,805, for an initial five-year term beginning March 13, 2025, through March 12, 2030;
1. Authorize the City Manager or designee to execute all necessary documents.2.
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
March 12, 2025 City Council Regular Meeting Agenda 6
2. PUBLIC HEARINGS:
A. CONDUCT A PUBLIC HEARING TO DISCUSS COMMUNITY DEVELOPMENT BLOCK GRANT 2025-2029 FIVE-YEAR CONSOLIDATED PLAN, THE 2025
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, AND THE 2025-2026 ANNUAL ACTION PLAN
RECOMMENDATION:
Open the Public Hearing and receive public testimony.1.
Review and discuss the following:
A. Goals for the 2025-2029 Consolidated Plan
B. Recommend Actions to Address Impediments to Fair Housing Choice C. Annual Action Plan Budget for the 2025-2026 Program Year
2. Provide staff with recommendations for the 2025-2029 Consolidated Plan, Analysis of Impediments to Fair Housing, and 2025-2026 Annual Action Plan
3. Schedule a Public Hearing for April 23, 2025, to approve and adopt the 2025-2029 Consolidated Plan, Analysis of Impediments to Fair Housing, and 2025-2026 Annual Action Plan
4. 3. BUSINESS & LEGISLATIVE
A. REQUEST FOR CITY COUNCIL APPOINTEE TO THE ERICA JPA
RECOMMENDATION:
Appoint a City Councilmember as a board member to the ERICA JPA and update the Roster of City Council Subcommittees, Appointees, Liaisons, and Representatives to External Organizations.
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
March 12, 2025 City Council Regular Meeting Agenda 7
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 6:00 p.m., on March 6, 2025, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
March 12, 2025 City Council Regular Meeting Agenda 8
City of Palm Springs DRAFT MINUTES Page 1
Thursday, February 27, 2025
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Thursday, February 27 , 2025, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Eliana Lim, a high school student, led the Pledge of Allegiance.
Janel Hunt, the Assistant Principal and Secretary to the Black His tory Committee, provided comments and announced Black History Month events.
ROLL CALL:
Present: Councilmembers Jeffrey Bernstein , Grace Elena Garner, and David Ready ; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.
Absent: None.
City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS :
A. FIRE SERVICES MASTER PLAN
Fire Chief Alvarado presented City Consultant Stewart Gary, Public Safety Principal with Citygate Associates, who provided the master plan presentation.
PROCLAMATIONS:
Mayor deHarte announced the issuance of the following proclamations:
• The City Council proclaimed February 20 – February 24 as International Bear Convergence 2025 Weekend in honor of the event's growth that reflects a broader shift towards a more inclusive and Item 1A - Page 1
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City of Palm Springs DRAFT MINUTES Page 2
celebratory space within the LGBTQ+ community, where people of all shapes, sizes, and backgrounds can feel celebrated.
• Ace Hardware Day was proclaimed on February 22, 2025, in the City of Palm Springs. Over the past twenty-five years, Ace Hardware has contributed significantly to the local economy, creating jobs and supporting the growth of Palm Springs, while maintaining its core values, which have been demonstrated through its commitment to the community through various initiatives, local partnerships, and exceptional customer care.
• Susie Coelho will be honored on February 28, 2025, with the 475th star on the Palm Springs Walk of Stars. Susie Coelho is recognized as a best -selling author, television personality, lifestyle expert, entrepreneur, and humanitarian whose career has signifi cantly shaped the worlds of entertainment, design, literature, and philanthropy. Since arriving in Palm Springs in 1975, Susie has played an integral role in elevating the city’s profile, helping to revitalize the Mesa neighborhood, and attracting creatives, visionaries, and innovators to the region. Susie has remained deeply connected to Palm Springs, where her influence has extended to design, architecture, and the city’s Modernism movement.
ACCEPTANCE OF THE AGENDA:
MOTION BY MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to accept the agenda.
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of February 27, 2025, was called to order by Mayor deHarte at 4:00 p.m.
UNANIMOUSLY CARRIED 5-0, to add the following late breaking item to the closed session agenda:
CONFERENCE WITH LEGAL COUNSEL —SIGNIFICANT EXPOSURE, Pursuant to Government Code Section 54956.9(d)(2):
Under existing facts and circumstances, there was one (1) or more potential cases.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:
Property:
City Negotiator:
Negotiating parties:
Under negotiation:
538 N. Palm Canyon Dr, Palm Springs, CA 92262
Scott Stiles, City Manager; Flinn Fagg, Deputy City Manager Palm Canyon Theatre
Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54957.6:
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City of Palm Springs DRAFT MINUTES Page 3
City Negotiators:
Employee Organizations:
Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
PUBLIC TESTIMONY:
David Vignolo, Carol Wine, Julie Bergstrom, Daniel Rossi, and Shianne May provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to approve the Consent Calendar.
A. APPROVAL OF MINUTES OF FEBRUARY 13, 2025
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to approve the City Council Meeting Minutes of February 13, 2025.
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2025
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2025.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to adopt Resolution No. 25280 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01 -18-25 TOTALING $2,559,484.69 AND ACCOUNTS PAYABLE WARRANTS DATED 01-02-25 TOTALING $8,805,829.54, IN THE AGGREGATE AMOUNT OF $11,365,314.23 DRAWN ON BANK OF AMERICA."
D. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “LUMEN” TRACT, TRACT MAP 32736
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to adopt Resolution No. 25281 entitled,“A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32736 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEM ENT WITH TAHQUITZ 41, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A6729), FOR PROPERTY LOCATED AT Item 1A - Page 3
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City of Palm Springs DRAFT MINUTES Page 4
6500 34TH AVENUE (PROJECT IDENTIFIED AS LUMEN), IN SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”
E. APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2024-25
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Adopt Resolution No. 25282 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2024-2025, ADOPTED BY RESOLUTION NO. 25225."
2. Authorize the City Manager to execute all documents necessary to effectuate this action.
F. APPROVE AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS (A8761) FOR ONGOING
ENCAMPMENT RESOLUTION FUND PROGRAMS
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve Amendment No. 4 to the Professional Services Agreement with LeSar Development Consultants to increase the contract amount to allow for subcontractor payments, ensuring the City’s compliance with the Encampment Resolution Fund (ERF) grant requirements.
2. Authorize the City Manager or their designee to execute all necessary documents.
G. WAIVE THE REQUIREMENTS OF PALM SPRINGS MUNICIPAL CODE SECTION
7.07.020, AUTHORIZE THE SALE OF SIXTEEN H&K MP5 WEAPONS TO THE
MONTEREY PARK POLICE DEPARTMENT, AND APPROVE THE PURCHASE OF SEVEN AR-15 WEAPON SYSTEMS
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Waive the surplus equipment bid and auction requirements of Section 7.07.020 of the Palm Springs Municipal Code and approve the sale of sixteen (16) HK MP5 surplus weapons to the Monterey Park Police Department for an amount of $14,400;
2. Approve the purchase of seven (7) Sionics AR -15 weapon systems for an amount not to exceed $21,219.64;
3. Authorize the City Manager to execute all necessary documents.
H. APPROVE AMENDMENT NO. 1 TO LICENSE AGREEMENT NO. A9460 WITH MOBILEMONEY, INC. TO PROVIDE THREE AUTOMATED TELLER MACHINES
AT THE PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve retroactively Amendment No. 1 to License Agreement No. A9460 with MobileMoney, Inc. to provide three ATM services for the Palm Springs International Airport for the amended term of January 1, 2024, through December 31, 2025.
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2. Authorize the City Manager or designee to execute all necessary documents.
I. APPROVE AMENDMENT NO. 5 TO CONTRACT SERVICES AGREEMENT NO.
A9005 WITH CONTROLTOUCH SYSTEMS, LLC DBA INTELLIMODUS, LLC FOR
BAGGAGE HANDLING SUPPORT SERVICES FOR PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve Amendment No. 5 to Contract Services Agreement No. A9005 with ControlTouch Systems, LLC dba Intellimodus, LLC to provide baggage handling support service for the Palm Springs International Airport for an additional amount of $19,468.80 and for a revised contract amount not to exceed $93,937.60, and extend the contract term for one year, through February 28, 2026.
2. Authorize the City Manager or designee to execute all necessary documents.
J. APPROVE AMENDMENT NO. 1 TO LICENSE AGREEMENT NO. 24N355 WITH UNITED PARCEL SERVICE, INC. FOR THE EXCLUSIVE USE OF A PORTION OF
THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EAST ALEJO ROAD AND NORTH CIVIC CENTER DRIVE (APN: 502 -100-026) AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve retroactively Amendment No. 1 to License Agreement No. 24N355 with United Parcel Service, Inc. to extend the License Agreement term to January 1, 2024, through December 31, 2025 and amend the License Agreement fee to $1,450 per month for the exclusive use of a portion of the property located at the southeast corner of East Alejo Road and North Civic Center Drive (APN: 502-100-026) at the Palm Springs International Airport.
2. Authorize the City Manager or designee to execute all necessary documents.
K. APPROVE CONTRACT SERVICES AGREEMENT NO. 25B040 WITH GLOBAL BUILDERS, INC., FOR ON-CALL GENERAL CONTRACTOR SERVICES
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve Contract Services Agreement 25B040 with Global Builders, Inc. to provide on-call general contractor services in an amount not to exceed $975,000 for the initial three -year term beginning March 3, 2025 through March 2, 2028, with two one -year extension options at the City’s sole discretion; and
2. Authorize the City Manager or his designee to execute all necessary documents.
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L. APPROVE MEMORANDUM OF UNDERSTANDING WITH AFFORDABLE
COMMUNITY LIVING (AKA SANTIAGO SUNRISE VILLAGE MOBILE HOME
PARK) FOR THE REHABILITATION OR REPLACEMENT OF MOBILE HOME
UNITS AT THE SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve a Memorandum of Understanding with Affordable Community Living (AKA Santiago Sunrise Village Mobile Home Park) for implementation of an Owner -Occupied Rehabilitation Program.
2. Authorize the City Manager to execute all necessary documents
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 25S039 WITH RENEWELL
FLEET SERVICE, LLC FOR FIRE APPARATUS AND HEAVY EQUIPMENT
MAINTENANCE AND REPAIR SERVICES
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve Contract Service Agreement 25S039 with ReNewell Fleet Service, LLC, to provide fire apparatus and heavy equipment maintenance and repair services in an amount not to exceed $600,000, for the initial three-year term beginning March 3, 2025, through March 3, 2028, with two one-year extension options at the City’s sole discretion;
2. Authorize the City Manager or designee to execute all necessary documents.
N. APPROVE A TASK ORDER TO INTERACTIVE DESIGN CORPORATION FOR FIRE STATION NO. 3 DESIGN SERVICES UNDER ON -CALL AGREEMENT NO. A8876
FOR ARCHITECTURAL SERVICES
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve issuance of Task Order No. 5 Revision 2 to On -Call Agreement No. A8876 with Interactive Design Corporation for Fire Station No. 3 Design Services for an increase of $59,500 and a total task order amount not to exceed $97,000; and
2. Authorize the City Manager or designee to execute all necessary documents.
O. AUTHORIZE THE PURCHASE OF FOUR (4) NEW VEHICLES
MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO T EM SOTO, CARRIED 5-0, to:
1. Approve the issuance of a purchase order to Fiesta Ford, for the purchase of one new Ford F-350 animal control truck, two new Ford F -450 flatbed dump trucks, and one new Ford F - 650 dump body truck in an amount not to exceed $499,458.29 inclusive of a 10% contingency;
2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus, and waive the equipment requirements of 7.07.020 (5) of the Municipal Code and approve the surplus equipment to go straight to auction;
3. Authorize the City Manager or designee to execute all necessary documents.
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EXCLUDED CONSENT CALENDAR: None.
2. PUBLIC HEARINGS:
A. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA
GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT
BETWEEN THE CITY OF PALM SPRINGS AND THE DUNES HOTEL, PURSUANT TO MUNICIPAL CODE CHAPTER 5.26 OF THE CITY’S HOTEL OPERATIONS
INCENTIVE PROGRAM
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Open the Public Hearing and receive public testimony.
2. Approve a Hotel Operations Covenant Agreement with The Dunes Hotel located at 390 S.
Indian Canyon, Palm Springs.
3. Authorize the City Manager and City to make non -substantive changes and execute all necessary documents related to the subsidy.
3. BUSINESS & LEGISLATIVE:
A. FISCAL YEAR 2023 -24 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM
SPRINGS
The following Financial Audit Reports for fiscal year ending June 30, 2024 , were RECEIVED AND FILED:
Annual Comprehensive Financial Report (ACFR)
Audit Communication Letter to the City Council
Passenger Facility Charge Report (PFC)
Housing Successor Audit Communication Letter to the City Council Public Financing Authority Financial Statements
Independent Accountant’s Agreed Upon Procedures to Appropriations (GANN) Measure D Independent Accountant's Agreed Upon Procedures Measure A Independent Accountant's Agreed Upon Procedures (Conrad CPA Firm) Measure J Financial Statements and Independent Auditor’s Report Single Audit and Independent Auditor's Report
B. GENERAL FUND, CAPITAL, AND AIRPORT MID -YEAR FISCAL YEAR 2024-25
BUDGET UPDATE
The General Fund, Capital, And Airport Mid -Year Fiscal Year 2024 -25 Budget Update was RECEIVED AND FILED.
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City Council Minutes February 27, 2025
City of Palm Springs DRAFT MINUTES Page 8
C. INTRODUCTION OF ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.45 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING THE HUMAN RIGHTS COMMISSION”
No action was taken.
D. ACCEPTANCE OF RESIGNATION FROM THE PUBLIC ARTS COMMISSION AND
APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS
MOTION BY MAYOR PRO TEM SOTO , SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:
1. Accept the resignation of Christopher Ramirez from the Public Arts Commission.
2. Appoint Michelle Loya to the Public Arts Commission effective immediately for the remainder of the term expiring June 30, 2026.
3. Appoint Bond Shands to the Parks and Recreation Commission effective immediately for the remainder of the term expiring June 30, 2027.
4. Direct staff on appointments for the Human Rights Commission of the three current vacancies for the terms ending June 30, 2025, June 30, 2026, and June 30, 2027.
PUBLIC COMMENT:
Michael Joseph Pitkin provided non-agenda oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.
ADJOURNMENT:
The City Council adjourned the regular meeting of Thursday, February 27 , 2025, at 8:01 p.m.
Respectfully submitted,
_________________________
Brenda Pree, MMC, CERA
City Clerk
DRAFT MINUTES PRESENTED TO CITY COUNCIL: 3/12/2025
Item 1A - Page 8
CITY COUNCIL STAFF REPORT
DATE: MARCH 12, 2025 CONSENT CALENDAR
SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 25P 055 WITH
CLIFTONLARSONALLEN LLP FOR PROFESSIONAL AUDITING
SERVICES
FROM: Scott C. Stiles, City Manager
BY: Finance Department
SUMMARY:
This action will approve A greement No. 25P055 with CliftonLarsonAllen LLP (“Contractor”) in an amount not to exceed $393,627, for Professional Auditing Services.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 25P055 ( Attachment A ) with CliftonLarsonAllen LLP to provide professional auditing services for an initial three- year term in an amount not to exceed $393,627 beginning March 13, 2025, through March 12, 2028, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form ( Attachment B) submitted on January 28, 2025, CliftonLarsonAllen LLP is registered in the state of California.
BACKGROUND:
The City of Palm Springs is required by law and by standards determined by the Government Accounting Standards Board (GASB) to issue an Annual Comprehensive Financial Report (ACFR) that has been audited by an outside auditing firm according to standards and procedures governed by GASB. The independent auditor plays an important role in testing and evaluating the city’s system of internal controls and overall financial management for signs of strength and weakness and reporting the results. They can also serve as a valuable resource as government financial reporting continues to Item 1B - Page 1
evolve and government financial management becomes more complex and legally constrained.
Contractor will audit the City’s financial statements as well as the financial statements of its component unit for the fiscal years ending June 30, 2025, June 30, 2026, and June 30, 2027, with the option to extend the contract for each of the two subsequent fiscal years. The audits are to be performed in accordance with the provisions contained herein.
1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants;
2. The standards for financial audits set forth in the U. S. General Accounting Office’s Government Auditing Standards;
3. The provisions of the Single Audit Act of 1984 (as amended in 1996);
4. The provisions of the U. S. Office of Management and Budget (OMB) Uniform Guidance, audits of States, Local Governments, and Non- Profit Organization, Audits of State and Local Governments.
STAFF ANALYSIS:
The Finance Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the services needed. The RFP was advertised in the local newspaper and published on the PlanetBids website.
Five proposals were received by the deadline of January 18, 2025, as follows:
• CliftonLarsonAllen LLP (CLA), Irvine, CA
• Dimov Associates LLC, Miami, FL (local address: San Diego, CA) • Eide Bailly LLP, Rancho Cucamonga, CA
• Harshwal & Company, LLP, San Diego, CA
• The Pun Group LLP, Santa Ana, CA
The evaluation team made up of City staff from the Finance, Aviation, and Engineering departments evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, price, and interviews.
CliftonLarsonAllen LLP w as ranked the highest by the evaluation team and is being recommended for award of the contract.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in Item 1B - Page 2
the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item supports the City Council major theme/principal of Good Governance.
FISCAL IMPACT:
Sufficient funds will be budgeted in each of the next three years in Finance Department account 1001035-40105.
REVIEWED BY:
Department Director: Kristopher J. Mooney
Acting Procurement & Contracting Manager: Tabitha Richards City Manager: Scott Stiles
ATTACHMENTS:
A. Agreement No. 25P055
B. Public Integrity Disclosure
Item 1B - Page 3
ATTACHMENT A
Item 1B - Page 4
CO
NTRACT SERVICES AGREEMENT 25P055
PROFESSIONAL AUDITING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 13, 2025 , by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and CliftonLarsonAllen LLP, a California limited liability partnership, (“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 vendor to provide professional auditing services, (“Project”).
B. Contractor has submitted to City a proposal to provide professional auditing services, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”) .
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
Item 1B - Page 5
2. TIM
E 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 $393,627.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s 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 Item 1B - Page 6
and t
he 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 March 13, 2025, and ending on March 12, 2028, 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: Daphnie Munoz, Principal . It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Item 1B - Page 7
Cont
ractor 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 M anager, 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/Role:
Daphnie Munoz, CPA Engagement Princi pal
Joseph Ludin, CPA Technical Resource Principal
Rebecca Hoang Tai, CPA Enga gement Manager
Stephen Coverstone, CPA Senior
Jim Kreiser, CISA, CRMA, CFSA Information Systems
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 Item 1B - Page 8
the
Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Part ies 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 Item 1B - Page 9
no c
laim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs 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 non - defaulting 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 rel ief, 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, Item 1B - Page 10
in
addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, 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: CliftonLarsonAllen LLP (CLA)
Attention: Daphnie Munoz
28 Michelle Drive, Suite 300
Irvine, CA 92606
Item 1B - Page 11
11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, 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.
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Item 1B - Page 12
SIG
NATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND CLIFTONLARSONALLEN LLP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _________________ Item No. ________ Agreement No. _________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1B - Page 13
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1B - Page 14
1.1 B
ackground:
A. The City of Palm Springs is required by law and by standards set up by the government Accounting Standards Board (GASB) to issue an Annual Comprehensive Financial Report (ACFR) that has been audited by an outside auditing firm according to standards and procedures set up by GASB. The independent auditor plays an important role in testing and evaluating the city’s system of internal controls and overall financial management for signs of strength and weakness and reporting the results.
They can also serve as a valuable resource as government financial reporting continues to evolve and government financial management becomes more complex and legally constrained.
B. The Contractor will audit the City’s financial statements as well as the financial statements of its component unit for the fiscal years ending June 30, 2025, June 30, 2026, and June 30, 2027, with the option to extend the contract for each of the two subsequent fiscal years. The audits are to be performed in accordance with the provisions contained herein.
1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants,
2. The standards for financial audits set forth in the U. S. General Accounting Office’s Government Auditing Standards,
3. The provisions of the Single Audit Act of 1984 (as amended in 1996),
4. The provisions of the U. S. Office of Management and Budget (OMB) Uniform Guidance, audits of States, Local Governments, and Non-Profit Organization, Audits of State and Local Governments.
1.2 Scope:
A. The scope of work consists of, but is not limited to, an Annual Comprehensive Financial Report (ACFR) and its component unit financial statements for the City of Palm Springs to be prepared by the Contractor for the fiscal year ending June 30, 2025 and each of the subsequent years, June 30, 2026 and 2027. The City is planning to submit the ACFR to the Government Finance Officers Association (GFOA) for review in their Certificate of Achievement for Excellence in Financial Reporting program.
B. TASKS: The Contractor will perform the following tasks:
1. City’s Annual Comprehensive Financial Report (ACFR): The Contractor will perform an audit of all funds of the City of Palm Springs. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller of the United States. The Contractor will prepare the City’s Annual Comprehensive Financial Report (ACFR). The Contractor will render their auditors’ report on the basic financial statements which will include both Government-Wide Financial Statements and Fund Financial Statements. The Contractor will also apply limited audit procedures to Management’s Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City. The Contractor shall include at a minimum the following components:
a. Management Letter: The Contractor shall issue a separate “Management Letter” that includes recommendations for
improvements in internal control, accounting procedures and other Item 1B - Page 15
si
gnificant observations that are non -reportable conditions.
Management letters shall be addressed to the City Manager.
2. GANN Limit (Appropriations Limit) : The Contractor shall perform agreed- upon auditing procedures pertaining to the City’s GANN Limit (Appropriations Limit) and render a report annually to the City regarding compliance.
3. Single Audit: The Contractor will perform a Single Audit on the expenditures of federal grants in accordance with OMB Uniform Guidance and render the appropriate audit reports on Internal Control over Financial Reporting based upon the audit of the City’s financial statements in accordance with Government Auditing Standards and the appropriate reports on compliance with requirements applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Uniform Guidance. The single audit report will include an appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and follow up on prior audit findings where required. Additionally, the audit shall comply with 2 CFR Part 200, Subpart F.
a. The Contractor is responsible for preparing the Single Audit report, editing, and submitting the final Single Audit report to the Federal Audit Clearinghouse after final approval from the Director of Finance.
4. Annual State Controller’s Report : The Contractor will prepare and file the Annual State Controller’s Report to the State Controller’s Office as required by the State of California after final approval from the Director of Finance.
5. Annual State Controller’s Report for the Public Financing Authority: The Contractor will prepare and file the Annual State Controller’s Report for the Public Financing Authority to the State Controller’s Office as required by the State of California after final approval from the Director of Finance.
6. Annual Street Report: The Contractor will prepare and file the Annual Street Report to the State Controller’s Office as required by the State of California after final approval from the Director of Finance.
7. City of Palm Springs Passenger Facility Charge (PFC): The Contractor will conduct an annual independent audit of the City of Palm Springs Passenger Facility Charge (PFC) revenue to ensure proper handling and reporting, as stipulated in 14 CFR Part 158. These charges originate at the Airport and are included in ticket prices to all airline travelers in the U.S. The fee goes toward the upkeep and maintenance of our airport facility.
a. Management Letter: The Contractor shall issue a separate “Management Letter” that includes recommendations for
improvements in internal control, accounting procedures and other significant observations that are non -reportable conditions.
Management letters shall be addressed to the City Manager.
8. ( FAA) Forms 5100- 126 and 5100- 127: The Contractor will prepare and file Federal Aviation Administration (FAA) Forms 5100- 126 and 5100 -127. The annual preparation and submission of these forms are based on our audited financial statements, adhering to the FAA's deadlines and guidelines.
9. City of Palm Springs Sales Tax Measure J : The Contractor will perform an annual independent audit of City of Palm Springs Sales Tax Measure J.
Measure J is a one-cent sales tax local revenue measure passed on November Item 1B - Page 16
8, 2011
, with the increase to end in March 2037. The tax is used to maintain local community services and economically revitalize the downtown Palm Springs area. In November 2024, the measure passed to extend the 1% tax indefinitely.
10. City of Palm Springs Sales Tax Measure D : The Contractor will conduct agreed-upon auditing procedures pertaining to the City of Palm Springs Sales Tax Measure D. The City Council placed Measure D before voters in the November 7th 2017 Municipal Election to provide locally-controlled funding for essential services and programs in the City of Palm Springs and help the City to avoid potential cuts to City services, maintaining and improving public safety.
Measure D replaces an expired State sales tax with local revenue, 100% of which will stay in City of Palm Springs.
11. Housing Successor Compliance and Independent Auditor’s Report: The Contractor will prepare the Housing Successor Compliance and Independent Auditor’s Report with compliance requirements described in the California Health and Safety Code sections applicable to the former Redevelopment Agency’s Housing Successor.
C. The Contractor may be consulted occasionally throughout the year as an information resource. The Contractor may be asked to provide guidance on implementation of new GASB and SAS requirements and specifics of Federal and State regulations as they may affect local government accounting. In addition, if there are any new auditing standards that come out, these are to be implemented without additional fees.
1.3 Reports/Illegal Acts/Special Considerations/Paper:
A. Auditing Standards to be followed: Audits shall be performed in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants, the provisions of the Single Audit Act Amendments of 1994 and the provisions of U.S. Office of Management and Budget (OMB) Uniform Guidance, Audits of State and Local Governments and Non-Profit Organizations.
B. Reports to be issued:
1. Following the completion of the audit of the fiscal year’s financial statements, the Contractor shall issue in both hard copy and electronic form:
a. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. b. A report on the internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with government auditing standards. c. A report on compliance with applicable laws and regulations. d. A report on compliance for each major program and on internal control over compliance; and report on schedule of expenditures of federal awards required by the uniform guidance.
e. Statistical tables in accordance with GASB 44.
f. Agreed-upon procedures report regarding verification of the Gann limit. g. A report for the Annual State Controller’s Report, as a component unit of the City of Palm Springs.
Item 1B - Page 17
h. A r
eport for the Annual State Controller's Report for the Public Financing Authority.
i. A report on the fair presentation of the Passenger Facility Charge Audit Guide for Public Agencies.
j. Reports to the Federal Aviation Administration forms 5100 -126 and 5100-127.
k. A report on the fair presentation of Measure J sales tax. l. Agreed-upon procedures report for Measure D sales tax. m. A report on the fair presentation of the Housing Successor in compliance with the California Health and Safety Code sections applicable to the former Redevelopment Agency’s Housing Successor.
2. In the required report(s) on internal controls, the Contractor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization’s ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements.
3. Reportable conditions that are also material weaknesses shall be identified as such in the report.
4. Non-reportable conditions discovered by the Contractor shall be reported in a separate letter to management, which shall be referred to in the report(s) on internal controls.
5. The reports on compliance shall include instances of noncompliance.
C. Irregularities and Illegal Acts: The Contractor shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: City Manager; City Attorney; and the Director of Finance & Treasurer.
D. Special Considerations:
1. The City of Palm Springs has determined that the United States Department of Transportation will function as the cognizant agency in accordance with the provisions of the Single Audit Act of 1984, as amended in 1996, and U.S. Office of Management and Budget (OMB) Uniform Guidance, Audits of States, Local Governments, and Non-Profit Organizations.
2. The schedule of federal financial assistance and related Contractor’s report, as well as the reports on the internal controls and compliance are not to be included in the Comprehensive Annual Financial Report but are to be issued separately.
3. The City of Palm Springs anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the basic financial statements and the Contractor’s report thereon. The Contractor shall be required, if requested by the fiscal advisor and/or the underwriter, to issue a “consent and citation of expertise” as the auditor, and any necessary “comfort letters.”
4. The Schedule of Expenditures of Federal Awards and related auditors’ report, as well as the reports on the internal control and compliance are not to be Item 1B - Page 18
inc
luded in the comprehensive annual financial report but are to be issued separately.
5. Additional Services: An allowance of $50,000 has been added for additional services. These additional services will need to be billed at the hourly rate provided on the Cost Proposal Form. The City of Palm Springs may request additional services from the Contractor, subject to compliance with independence standards, including the following but not limited to:
a. The City has several debt issues that may or may not be subject to arbitrage rebate requirements. The Contractor may be asked to prepare the necessary calculations and advise the City accordingly. b. The City is occasionally confronted with complex tax issues related to employment taxes withholding and reporting, information reporting, etc. The Contractor may be asked from time to time to advise the City on tax related issues and to recommend a proper course of action. c. General accounting and business matters, including but not limited to the implementation of new account pronouncements, technical accounting matters, federal regulatory or program compliance considerations, etc.
E. Working Paper Retention and Access to Working Papers: All working papers and reports must be retained, at the auditor’s expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of Palm Springs of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees:
1. City of Palm Springs
2. U.S. Department of Transportation
3. U.S. General Accounting Office (GAO)
4. Parties designated by the federal or state government or by the City of Palm Springs as part of an audit quality review process.
5. Auditors of entities of which the City is a sub-recipient of grant funds.
6. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.
1.4 Description of the Government:
A. City Representative: The Contractor’s principal contact with the City will be Kristopher J. Mooney, Director of Finance & Treasurer or a designated representative, who will coordinate the assistance to be provided by the City to the Contractor.
B. Background Information:
1. The City of Palm Springs serves an area of 95 square miles with a population of 52,779. The City’s fiscal year begins on July 1 and ends on June 30.
2. The City operates and maintains a full range of municipal services, including a public library, a police department, a fire department, an international airport, wastewater treatment plant and a full municipal parks and recreation program.
3. Please refer to our website for additional information located at https://www.palmspringsca.gov/
.
Item 1B - Page 19
C. Financ
ial Information: Please refer to our website for additional financial information https://www.palmspringsca.gov/government/departments/finance- treasury.
D. Pension Plan: The City contributes to the California Public Employees’ Retirement System (PERS) and Public Employee’s Pension Reform Act (PEPRA), an agent multiple-employer public employee retirement system that acts as a common investment and administrative agent for participating public entities within the State of California. The City also offers a 457 deferred compensation plan to all employees and participates, in the case of certain employees, in a 401 (a) plan through ICMA and Nationwide. Actuarial services for the plan are provided by CalPERS.
E. Blended Component Units:
1. The City is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Board’s Codification of Governmental Accounting and Financial Reporting Standards Section 2100. Using these criteria, blended component units have a fiscal year end of June 30 and are to be audited as part of the City’s financial statements.
2. The management of the City identified the following component units for inclusion in the City’s financial statements:
a. City of Palm Springs Financing Authority. The City of Palm Springs Financing Authority was created by a joint exercise of joint powers agreement between the City of Palm Springs and the Redevelopment Agency of the City of Palm Springs on February 1, 1991. The purpose of the Authority is to provide, through the issuance of debt, financing necessary for various capital improvements. The Authority is administered by the Board who are the members of the City Council and the Mayor. The Authority’s sole source of income is installment sale, loan and lease payments received from the City and Redevelopment Agency which are used to meet the debt service requirements on debt issues.
F. Joint Ventures: The City of Palm Springs does participate in joint ventures with other governments.
1. Name of Joint Venture:
a. Greater Palm Springs
b. Convention & Visitors Bureau
2. Participating Government Agencies:
a. 8 Cities and the County
3. Type of Services Provided:
a. Tourism and Marketing
G. Audit Schedule:
1. The planning phase of the audit engagement may commence upon receipt of a Notice to Proceed to be issued after award by City Council and execution of a City-standard two-party agreement. The audit shall provide the City with an audit plan and a list of schedules to be prepared by City personnel prior to the beginning of fieldwork.
Item 1B - Page 20
2. Int
erim fieldwork would be expected to be performed in April with the final phase of fieldwork commencing at the end of October.
a. The City will attempt to have the books closed and all agreed upon schedules available for the auditors by last City business day in September.
3. Draft Reports: The Contractor shall have drafts of the final reports and recommendations to management available for review by the Finance Director by the following dates:
TASKS DRAFT REPORT DUE TO CITY:
Tasks 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 November 15
Task 6 – Streets Report November 1st
H. Entrance Conferences, Progress Reporting and Exit Conferences:
1. Interim: An entrance conference should be scheduled prior to beginning interim fieldwork with a desired timeline of April.
2. Progress reports are expected on at least a monthly basis to the Finance Director.
3. An exit conference to summarize the results of fieldwork and to review significant findings is expected on the last day of fieldwork or shortly thereafter.
I. Final Reports:
1. The Finance Department will complete their review of the draft report as expeditiously as possible. This process is not expected to exceed two weeks.
During that period, the auditor should be available for any meetings that may be necessary to discuss the drafts. Once all issues for discussion are resolved, the auditor shall publish, produce and deliver to City fifteen (15) bound and one (1) photo ready copy of the final signed report. It is anticipated that this process will be completed and the final reports delivered by the following dates:
TASKS: FINAL REPORT DUE TO CITY:
Tasks 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 December 1st
Task 6 – Streets Report November 15th (last City business day) J. Finance Department Assistance:
1. The Finance Department staff and responsible personnel will be available during the audit to assist the Contractor by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City, with the assistance of the Contractor.
2. City Staff will assist the Contractor in identifying and locating supporting documentation.
K. Information Technology (IT) Assistance: IT Personnel will be available to provide system’s documentation and explanations. The Contractor will not be provided computer time and the use of the City’s computer hardware and software unless mutually agreed upon. However, various computer reports will be provided to the Contractor as required.
Item 1B - Page 21
L. St
atements and Schedules to be prepared by City Staff: The Finance Department staff will prepare the lead schedules, financial statements, notes, and required supplementary schedules; however, Contractor assistance may be required with note disclosures or schedules.
1.5 Schedule:
Work will commence on issuance of notice to proceed and all work shall be completed by the end of the term.
1.6 Compensation:
Work will be compensated on a lumpsum basis per tasks and hourly rates for additional services. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
Item 1B - Page 22
ATTA OHME Ni ''G'
COST P OPOSAL
REC IIJIES,l FOR PROPOSAL (RFP 26-24-)1
P ROFIESSIONAL AIIJDl'lil NG, S ER.VtCES
'THIS FORM MUlS'l BE COMPiLETEl!:!1 AND -SUB.MITTSC!l IN SEJPARA il'E ELECillRO NIC FILIE #2 "Coa.t Prop,u:ud'", li52Lwii Iii Slee nmie Fiie t, T~o ni~ liWork Prop,osal•), ITeM oescR PTtot-1 UNI 0
MEASURE
TOTAL
LUM . SUM
$ 7 l,8"40 $76,483 $80,~08 $229, 3l!.
2 $7 0 5,799 S,Sl ~l.
3 $8,6-.35 $9i,0 7 ~9.5-20 $21,2.2:2.
4 $5,350 $5,618 $S • .S'98 $ 16,2166
LUMP SUM
$1.760 Sl!.,8.t9 $1,941 55.55©
0 LUMP SUM
$2,645 $1,778 $2.'9Uii $;11,139
T LUMP SUM
$'1!,985 $5,2.3:6 $5.493 $ 1'5,719
a WMPSUM
$.1:,570 $2,700 $2,8.35 ~f:1,1 5,
8 UMP SUM
$41,3(;5 $4,5 41 $4.8.14 $13,763,
10 UMP SUM
$1, 5 $2.,9 9 53.148 59.(~2.
11 11: Hou~ing UMP SUM
wooessor
CCft'llllan~@I• and $1,230 $2,3 3 $2,459 $ , , 32.
lndl!p,endl!!llnl Audi. :at'·:s
R a
•p ng Is for t wo m jar pragra1 . very allmlti:on I progr.am I be $12,000 each Item 1B - Page 23
12 Add ltl onal Services AlLOWANCE $50 ,000.00
per SCOl}e (To be
lnv,olced at hourly
rates detailed n
Hourly Rate table,)
TOTAl $393,627
HOURLY RATE TABLE:
YEAR 1 YEAR2 YEAR3
Partner $350 $368 $386
Managers $205 $215 $,226
Supervisory Staff $ 35 $:142 $149
Pmfessional Staff $ OS $110 $116
Clerical $95 $ 00 $105
Firm Nlame: -------------------------
Cl if:ton La rsonAllen LLP (CLA}
~ M::: Si,gna~me of Authorized Person: ________ ___L_ ________ _ Daphnie Munaz
Printed Name: ______________________ _
riricipal Tit!e: _________________________ _
Date:
1/ 28/ 25
--------------------------
Item 1B - Page 24
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1B - Page 25
INS
URANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
___X____ required
________ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
Item 1B - Page 26
5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time.
Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent 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 self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
Item 1B - Page 27
7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1B - Page 28
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
ATTACHMENT "F11
EXECUT IVE
1 0RDER N-6-22 CERTIF ICATION
REQUESTS FOR PIROPOSALS (RFP 26-24)
PROFESS IONAL AUDITING SERVICES
Execut ive 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 dletennined to be a target of econom ic sanctions against Russia and Russian entities and individua ls; and (b) refra in from enter ing into any new contracts with such individuals or entities whille the aforemen t1ioned sanct ions are in effect.
Execut ive 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 Callifom ia; and/or (2) subm its a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of Californ ia grant funds, certify that the person is not the target of any econom ic sanctions ag,ainst Russia and Russian entities and individuals.
The contractor hereby certifies , SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any econom ic sanct ions against R ssian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person s1igning bel-ow is duly author ized to legally bind the Contracto r. This certification is mad!e under the laws of the State of Californ ia
~M:::::( Signature : ________ -----1-------------
Priinted Name : Da phnie Munoz
--------------
Title: Principal
-----------------
Firm Name : Clifto nLarsoliA llen LLP (CLAl
Date:
1/28/25
-----------------
Item 1B - Page 29
ATTACHMENT B
Item 1B - Page 30
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
T Name of Entity CliftonlarsonAllen LLP ICLA)
2. Address of Entity (Principal Place of Business)
2875 Michelle Drive, Suite 300, Irvine, CA 92606
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State California
If other than California. is the Entity also registered in California? D Yes D No ~- 5. Type of Entity
D Corporation D Limited Liability Company ~ Partnership D Trust D Other (please specify) - 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: ff 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
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
CLA is a limited liability partnership, other
w,th more than 1,200 principals and
;,1.....,,:;...,,.....1,· ....... ,, ., =·--_, __ ~"IC:~---·•\ none of whom own more than a 2'l'6 interest in the firm.
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
©2025 CliftonlarsonAllen LLP I 36
Item 1B - Page 31
T. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related enti~
EXAMPLE
'-
,-...
JANE DOE
(name of owner/investor]
ClA is a limited Ila billty partnership,
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A. wnn more man l , Luu prinotpa1s ana sign ng <nre«ors (lnd udmg over ;JI) owners}, none of whom own more than a 2% inte est in the firm.
[name of owner/investor]
8 .
[name of owner/investor)
C,
[name of owner/investor)
D.
[name of owner/investor)
E.
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[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 ~ M~ 112s12s
.=~ ©2025 CliftonlarsonAllen LLP I 37
Item 1B - Page 32
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 02-01-25 TOTALING $2,710,467.25 AND
ACCOUNTS PAYABLE WARRANTS DATED 01-16-25
TOTALING $6,215,245.30, IN THE AGGREGATE AMOUNT
OF $8,925,712.55 DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and
WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 12TH DAY OF MARCH, 2025
.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1C - Page 1
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 1C - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
PAY DATE 2/7/2025
March 12, 2025
PAYROLL PERIOD ENDING 2/1/2025
FEDERAL TAXES 406,020.33
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422939-422951 21,548.34
LIABILITY CHECK REGISTER 2021997-2022012 37,787.57
PAYROLL DIRECT DEPOSITS 1,964,404.10
STATE TAXES 139,699.98
VENDOR WIRE PYMTS 6,942.73
DEFERRED COMP: ICMA 457 66,208.68
DEFERRED COMP: NATIONWIDE 34,233.29
ICMA RHS CONTRIBUTION 27,850.00
CA DCCS 5,772.23
TOTAL 2,710,467.25
03 12 25 (2) Payroll Wires and Warrants Memo for PPE 020125 | 03122025 |3/3/2025 | 10:04 AM (AM) 1 | 1 Item 1C - Page 3
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/30/2025 11:22
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2021763 01/30/2025 PRINTED 104375 4LEAF INC 12,320.00 2021764 01/30/2025 PRINTED 101208 ABM AVIATION INC 111,007.97 2021765 01/30/2025 PRINTED 100024 ACE PRINTING 525.49 2021766 01/30/2025 PRINTED 101263 ACTION PARK ALLIANCE 39,262.50 2021767 01/30/2025 PRINTED 100292 ADMINSURE INC 20,593.00 2021768 01/30/2025 PRINTED 104389 AECOM TECHNICAL SERVICES 6,920.00 2021769 01/30/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 75,156.85 2021770 01/30/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 206,315.00 2021771 01/30/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2021772 01/30/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,197.76 2021773 01/30/2025 PRINTED 101938 AEK CAPITAL MANAGEMENT LL 56,794.65 2021774 01/30/2025 PRINTED 102948 AERO SYSTEMS ENGINEERING 9,785.00 2021775 01/30/2025 PRINTED 100403 AETNA 20,962.26 2021776 01/30/2025 PRINTED 104401 HEALTH AND HUMAN RESOURCE 1,115.30 2021777 01/30/2025 PRINTED 100218 AGUA CALIENTE BAND OF CAH 57,500.00 2021778 01/30/2025 PRINTED 101198 AIR TREATMENT CORPORATION 2,500.00 2021779 01/30/2025 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 11,500.65 2021780 01/30/2025 PRINTED 103797 ALLISON MECHANICAL INC 29,598.20 2021781 01/30/2025 PRINTED 101245 THE ALTUM GROUP 5,999.11 2021782 01/30/2025 PRINTED 100572 AMAZON COM 40.32 2021783 01/30/2025 PRINTED 103781 AMAZON.COM SALES INC 1,977.24 2021784 01/30/2025 PRINTED 105147 INTERFLEX PAYMENT LLC 103.56 2021785 01/30/2025 PRINTED 105147 INTERFLEX PAYMENT LLC 103.56 2021786 01/30/2025 PRINTED 105125 INTERFLEX PAYMENT LLC 11,810.00 2021787 01/30/2025 PRINTED 104726 ACCENTURE LLP 3,380.00 2021788 01/30/2025 PRINTED 100419 MARTIN VINTON WEBSTER 500.00 2021789 01/30/2025 PRINTED 100413 B & H PHOTO 1,623.16 2021790 01/30/2025 PRINTED 103994 BANNER BANK 49,945.85 2021791 01/30/2025 PRINTED 100203 BARBARA SINATRA CHILDRENS 231.00 2021792 01/30/2025 PRINTED 105123 LAWRENCE SINOR 19,100.00 2021793 01/30/2025 PRINTED 016480 BERNSTEIN JEFFREY 1,411.06 2021794 01/30/2025 PRINTED 104371 BUBBLES CARPET CLEANING L 5,297.12 2021795 01/30/2025 PRINTED 104550 CAMP LAUREL FOUNDATION IN 10,000.00 2021796 01/30/2025 PRINTED 016034 ALVARO CANCHOLA 4,320.14 2021797 01/30/2025 PRINTED 104652 KENNETH CANTAMOUT 200.00 2021798 01/30/2025 PRINTED 100551 CAPIO 725.00 2021799 01/30/2025 PRINTED 016289 MICHAEL CARVER 1,177.67 2021800 01/30/2025 PRINTED 015562 MICHAEL CASAVAN 2,228.00 2021801 01/30/2025 PRINTED 100112 CDW GOVERNMENT INC 724.68 2021802 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,684.92 2021803 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 299.99 2021804 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 109.99 2021805 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 273.71 2021806 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 2,420.65 2021807 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 400.65 2021808 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 199.99 2021809 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 209.50 2021810 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 319.98 2021811 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,095.74 2021812 01/30/2025 PRINTED 100353 CHARTER COMMUNICATIONS HO 156.23 2021813 01/30/2025 PRINTED 104769 CHICAGO TITLE COMPANY 750.00 2021814 01/30/2025 PRINTED 016107 ANIL CHOLAKKARA 852.94 Item 1C - Page 4
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/30/2025 11:22
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2021815 01/30/2025 PRINTED 100044 STATE OF CALIFORNIA - CAL 4,836.97 2021816 01/30/2025 PRINTED 100558 CINTAS CORPORATION 508.16 2021817 01/30/2025 PRINTED 100308 CLINICAL LABORATORY OF SA 115.00 2021818 01/30/2025 PRINTED 105152 CHRISTIAN COOPER 250.00 2021819 01/30/2025 PRINTED 100130 CORONA CLAY COMPANY 9,548.38 2021820 01/30/2025 PRINTED 100205 NANCY K BOHL INC 2,030.00 2021821 01/30/2025 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 10,826.59 2021822 01/30/2025 PRINTED 100196 COUNTY OF RIVERSIDE 56,002.59 2021823 01/30/2025 PRINTED 100751 COUNTY OF RIVERSIDE EMD 4,022.08 2021824 01/30/2025 PRINTED 104945 CVL ECONOMICS LLC 1,000.00 2021825 01/30/2025 PRINTED 100115 DANIELS TIRE SERVICE INC 6,477.58 2021826 01/30/2025 PRINTED 100318 DATA TICKET INC 8,299.16 2021827 01/30/2025 PRINTED 105064 DECOR IQ LLC 36,832.10 2021828 01/30/2025 PRINTED 100265 DELL MARKETING LP 276,421.59 2021829 01/30/2025 PRINTED 101281 DELTA DENTAL INSURANCE CO 2,438.92 2021830 01/30/2025 PRINTED 101282 DELTA DENTAL OF CALIFORNI 23,984.20 2021831 01/30/2025 PRINTED 105131 JESSE DEMENT 200.00
2021832 01/30/2025 PRINTED 105132 MINDY DEMENT 200.00
2021833 01/30/2025 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 499.00 2021834 01/30/2025 PRINTED 103589 DESERT ARC 45.00
2021835 01/30/2025 PRINTED 100048 DESERT FIRE EXTINGUISHER 29,122.18 2021836 01/30/2025 PRINTED 105151 SHEREE DEVEREAUX 100.00 2021837 01/30/2025 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 11,014.81 2021838 01/30/2025 PRINTED 016209 JORGE DIAZ 75.00
2021839 01/30/2025 PRINTED 100254 DOKKEN ENGINEERING 26,700.26 2021840 01/30/2025 PRINTED 101244 DOWNS ENERGY 32,182.80 2021841 01/30/2025 PRINTED 100393 GERGIS YOUSEF 4,033.96 2021842 01/30/2025 PRINTED 100294 DUDEK 148,215.37
2021843 01/30/2025 PRINTED 100054 DESERT WATER AGENCY 3,550.72 2021844 01/30/2025 PRINTED 100054 DESERT WATER AGENCY 47,395.13 2021845 01/30/2025 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 1,110.43 2021846 01/30/2025 PRINTED 100305 EISENHOWER MEDICAL CENTER 1,600.00 2021847 01/30/2025 PRINTED 100750 ELM USA INC 318.14
2021848 01/30/2025 PRINTED 100217 EWING IRRIGATION PRODUCTS 2,517.74 2021849 01/30/2025 PRINTED 105149 EXOTIC EXTRACTION LLC 7,656.00 2021850 01/30/2025 PRINTED 016645 ABDUL FAR 1,413.93
2021851 01/30/2025 PRINTED 100081 FEDERAL EXPRESS CORPORATI 6.55 2021852 01/30/2025 PRINTED 016020 ERIK FERNANDEZ 945.29 2021853 01/30/2025 PRINTED 103451 FIESTA FORD INC 2,855.61 2021854 01/30/2025 PRINTED 101194 FLEX ADVANTAGE 656.25 2021855 01/30/2025 PRINTED 100480 FRIENDS OF THE PALM SPRIN 106,534.90 2021856 01/30/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 96.20 2021857 01/30/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 105.29 2021858 01/30/2025 PRINTED 103920 FUEL PROS INC 2,656.98 2021859 01/30/2025 PRINTED 100169 M ARTHUR GENSLER JR AND A 119,536.42 2021860 01/30/2025 PRINTED 100536 GLS 25.76
2021861 01/30/2025 PRINTED 103824 GOVOS INC 7,500.00
2021862 01/30/2025 PRINTED 104989 ADAM A CAMPOS 17,400.00 2021863 01/30/2025 PRINTED 015739 STEVEN GRISSOM 5,613.08 2021864 01/30/2025 PRINTED 016554 DEAN GRUBL 33.18
2021865 01/30/2025 PRINTED 101672 NPG BROADCAST/GULF CALIFO 2,215.00 2021866 01/30/2025 PRINTED 104744 HAZEN AND SAWYER DPC 39,597.50 Item 1C - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/30/2025 11:22
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2021867 01/30/2025 PRINTED 100974 KATHLEEN HERBERT 200.00 2021868 01/30/2025 PRINTED 100184 HYATT REGENCY SUITES PALM 11,905.12 2021869 01/30/2025 PRINTED 100494 IMAGE360 PALM DESERT 1,460.96 2021870 01/30/2025 PRINTED 101421 SCARLIGHT LLC 530.00 2021871 01/30/2025 PRINTED 105056 INTERCON SECURITY SYSTEMS 12,195.40 2021872 01/30/2025 PRINTED 016711 JOSHUA JAMIESON 610.47 2021873 01/30/2025 PRINTED 100269 JIMMYS EQUIPMENT AND TURF 1,011.16 2021874 01/30/2025 PRINTED 105150 DARLYNE JOHNSON 50.00 2021875 01/30/2025 PRINTED 104151 JUST FABULOUS GALLERIE IN 4,802.80 2021876 01/30/2025 PRINTED 103525 KGAY PSP CORPORATION 1,215.00 2021877 01/30/2025 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 201,332.41 2021878 01/30/2025 PRINTED 101606 KINCAID INDUSTRIES INC 93,686.36 2021879 01/30/2025 PRINTED 104139 DIRK KLICK 200.00 2021880 01/30/2025 PRINTED 105038 KRAFIX DESIGN INC 990.00 2021881 01/30/2025 PRINTED 100127 L N CURTIS AND SONS 1,643.12 2021882 01/30/2025 PRINTED 101475 LA PRENSA HISPANA INC 4,500.00 2021883 01/30/2025 PRINTED 100975 ANN LARSON 200.00 2021884 01/30/2025 PRINTED 100332 LIEBERT CASSIDY WHITMORE 16,508.00 2021885 01/30/2025 PRINTED 103753 LIFE INSURANCE COMPANY OF 48,577.96 2021886 01/30/2025 PRINTED 103805 M BREY ELECTRIC INC 4,488.00 2021887 01/30/2025 PRINTED 011022 JAIME MACIAS 676.19 2021888 01/30/2025 PRINTED 101210 MARIPOSA LANDSCAPES, INC. 74,638.98 2021889 01/30/2025 PRINTED 101612 MARVINS AUTO PAINT INC 3,404.22 2021890 01/30/2025 PRINTED 104466 MCCLOSKEY MECHANICAL CONT 11,113.56 2021891 01/30/2025 PRINTED 104365 MEDIWASTE DISPOSAL LLC 60.00 2021892 01/30/2025 PRINTED 105068 MELTWATER NEWS US IN 13,000.00 2021893 01/30/2025 PRINTED 101798 MIDWEST TAPE INC 2,102.34 2021894 01/30/2025 PRINTED 101832 MIKE BROWN GRANDSTANDS IN 7,000.00 2021895 01/30/2025 PRINTED 104134 MOORE FENCE COMPANY INC 56,557.54 2021896 01/30/2025 PRINTED 105133 GREGORY MOORE 200.00 2021897 01/30/2025 PRINTED 100148 NALCO COMPANY 4,823.86 2021898 01/30/2025 PRINTED 103465 DESERT AREA CORPORATION 10,194.75 2021899 01/30/2025 PRINTED 104880 NATA CONSTRUCTION INC 158,759.40 2021900 01/30/2025 PRINTED 104404 NETWORK SERVICES COMPANY 17,644.58 2021901 01/30/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 64,120.28 2021902 01/30/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 8,455.53 2021903 01/30/2025 PRINTED 101408 OHD LLLP 960.00 2021904 01/30/2025 PRINTED 105134 STEVEN OPPENHEIMER 200.00 2021905 01/30/2025 PRINTED 100282 PACIFIC PRODUCTS AND SERV 5,047.17 2021906 01/30/2025 PRINTED 016174 JUAN PADILLA-VALENZUELA 490.14 2021907 01/30/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 7,500.00 2021908 01/30/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 292.48 2021909 01/30/2025 PRINTED 104581 PALM SPRINGS REALTY HOLDI 8,262.97 2021910 01/30/2025 PRINTED 103236 PARK CONSULTING GROUP INC 7,727.50 2021911 01/30/2025 PRINTED 104525 UNITED TACTICAL SYSTEMS L 4,432.56 2021912 01/30/2025 PRINTED 016643 CHASE PETERS 2,213.93 2021913 01/30/2025 PRINTED 101516 LANI GARFIELD 1,900.00 2021914 01/30/2025 PRINTED 102690 PINNACLE VIEW LLC 50,000.00 2021915 01/30/2025 PRINTED 105011 PITNEY BOWES GLOBAL FINAN 3,679.34 2021916 01/30/2025 PRINTED 103521 PLAZA TOWING INC 1,050.00 2021917 01/30/2025 PRINTED 101674 PROCAST PRODUCTS INC 513.48 2021918 01/30/2025 PRINTED 101767 PROFORMA SOCAL 685.03 Item 1C - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/30/2025 11:22
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2021919 01/30/2025 PRINTED 100596 PROPER SOLUTIONS INC 18,969.48 2021920 01/30/2025 PRINTED 100654 PS RESORTS 78,571.52 2021921 01/30/2025 PRINTED 100784 THE FOUNDATION OF THE PAL 4,000.00 2021922 01/30/2025 PRINTED 105140 RA SHINES INC 250.00 2021923 01/30/2025 PRINTED 016282 ARTHUR RICHARTE 469.09 2021924 01/30/2025 PRINTED 016244 LLUBISELA RIOS 1,296.97 2021925 01/30/2025 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2021926 01/30/2025 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 3,604.00 2021927 01/30/2025 PRINTED 101809 RIVERSIDE TOP SCALE INC 265.00 2021928 01/30/2025 PRINTED 100950 RIVERSIDE UNIVERSITY HEAL 1,200.00 2021929 01/30/2025 PRINTED 103678 ROADRUNNER PRINTING AND S 107.07 2021930 01/30/2025 PRINTED 100400 ROBERT HALF INTERNATIONAL 806.25 2021931 01/30/2025 PRINTED 105148 ROTARY CLUB OF PALM SPRIN 2,500.00 2021932 01/30/2025 PRINTED 016650 ASHLYNN SAUERWEIN 1,413.93 2021933 01/30/2025 PRINTED 100325 SAVOURYS GOOD EARTH CUISI 458.85 2021934 01/30/2025 PRINTED 101542 SC COMMERCIAL LLC 12,696.76 2021935 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25,240.91 2021936 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,511.50 2021937 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 293.67 2021938 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 49.69 2021939 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,455.86 2021940 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 167.73 2021941 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 369.87 2021942 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 11,321.70 2021943 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 99,078.19 2021944 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 54.54 2021945 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 151.82 2021946 01/30/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,193.54 2021947 01/30/2025 PRINTED 100976 STEPHAN SCOGGINS 200.00 2021948 01/30/2025 PRINTED 104754 SDI PRESENCE LLC 882.50 2021949 01/30/2025 PRINTED 104273 RICK SELLERS 800.00 2021950 01/30/2025 PRINTED 100435 THE SHREDDERS 122.00 2021951 01/30/2025 PRINTED 105113 ROBERT L SIMON 1,200.00 2021952 01/30/2025 PRINTED 104053 RKLJS CORP 20,575.00 2021953 01/30/2025 PRINTED 104100 SOLERA GLOBAL CORP 5,712.00 2021954 01/30/2025 PRINTED 100000 SOUTH COAST AQMD 707.00 2021955 01/30/2025 PRINTED 104372 SOUTH COAST INDUSTRIAL DO 6,565.00 2021956 01/30/2025 PRINTED 100554 SOUTH COAST FIRE EQUIPMEN 1,122,575.73 2021957 01/30/2025 PRINTED 104441 SOUTHSTAR ENGINEERING AND 26,441.00 2021958 01/30/2025 PRINTED 100577 SPARKLETTS - DS SERVICES 687.94 2021959 01/30/2025 PRINTED 100284 STANTEC CONSULTING SVCS I 19,976.00 2021960 01/30/2025 PRINTED 103901 STEVE P RADOS INC 948,971.11 2021961 01/30/2025 PRINTED 104878 SVT FLEET LLC 5,312.78 2021962 01/30/2025 PRINTED 103782 T-MOBILE USA INC 50.00 2021963 01/30/2025 PRINTED 100448 TALX CORPORATION 1,195.48 2021964 01/30/2025 PRINTED 105139 LORENZO TAYLOR 100.00 2021965 01/30/2025 PRINTED 015990 MITCHAL TAYLOR 734.75 2021966 01/30/2025 PRINTED 105057 ALLEGIS GROUP HOLDINGS IN 3,135.00 2021967 01/30/2025 PRINTED 104602 TETRA TECH INC 15,907.84 2021968 01/30/2025 PRINTED 105138 LA TRISHA R THOMAS 250.00 2021969 01/30/2025 PRINTED 104579 THOMAS S KLISE COMPANY 196.04 2021970 01/30/2025 PRINTED 102712 TSG ENTERPRISES, INC. 15,394.00 Item 1C - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/30/2025 11:22
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2021971 01/30/2025 PRINTED 101384 TYLER TECHNOLOGIES INC 17,539.93 2021972 01/30/2025 PRINTED 100386 U S CUSTOMS SERVICE 6,365.19 2021973 01/30/2025 PRINTED 100063 UNDERGROUND SERVICE ALERT 1,076.88 2021974 01/30/2025 PRINTED 104834 UNIFIRST CORPORATION 745.96 2021975 01/30/2025 PRINTED 100114 UNITED RENTALS 3,987.62 2021976 01/30/2025 PRINTED 104368 UNIVERSAL GREEN LLC 75,950.00 2021977 01/30/2025 PRINTED 100295 US BANK CORPORATE PAYMENT 184,682.25 2021978 01/30/2025 PRINTED 100200 VALLEY LOCK AND SAFE 849.06 2021979 01/30/2025 PRINTED 103893 VALLEY VOICE MEDIA LLC 2,400.00 2021980 01/30/2025 PRINTED 100472 ANGEL VANDERVEER 200.00 2021981 01/30/2025 PRINTED 016604 CLEMENCIA VARGAS 27.47 2021982 01/30/2025 PRINTED 100267 VEOLIA WATER NORTH AMERIC 406,097.81 2021983 01/30/2025 PRINTED 104034 VERDE FACILITIES SERVICES 762.17 2021984 01/30/2025 PRINTED 100144 VERIZON COMMUNICATIONS IN 8,520.62 2021985 01/30/2025 PRINTED 100144 VERIZON COMMUNICATIONS IN 3,036.57 2021986 01/30/2025 PRINTED 100144 VERIZON COMMUNICATIONS IN 13,451.47 2021987 01/30/2025 PRINTED 105095 JOSHUA DONLIN 1,500.00 2021988 01/30/2025 PRINTED 100050 VISION SERVICE PLAN 6,871.04 2021989 01/30/2025 PRINTED 103646 VIVID STAGING SOLUTIONS 28,388.50 2021990 01/30/2025 PRINTED 100156 WAXIE'S ENTERPRISES LLC 283.80 2021991 01/30/2025 PRINTED 100222 WEST COAST ARBORISTS INC 50,622.00 2021992 01/30/2025 PRINTED 103973 WEX HEALTH INC 3,051.40 2021993 01/30/2025 PRINTED 104651 TODD WHEELAN 200.00 2021994 01/30/2025 PRINTED 105137 YVONNE E WHITE 12,000.00 2021995 01/30/2025 PRINTED 100977 ANNIE WILSON 200.00 2021996 01/30/2025 PRINTED 016545 SHEIKIA WILSON 113.00 234 CHECKS CASH ACCOUNT TOTAL 6,215,245.30 .00 Item 1C - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/30/2025 11:22
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
234 CHECKS FINAL TOTAL 6,215,245.30 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
CITY COUNCIL STAFF REPORT
DATE: MARCH 12, 2025 CONSENT CALENDAR
SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 25B 038 WITH INDUSTRIAL WASTE UTILIZATION, INC. FOR ON-CALL HAZARDOUS
WASTE DISPOSAL SERVICES FOR PALM SPRINGS INTERNATIONAL
AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Contract Services Agreement No. 25B 038 with Industrial Waste Utilization, Inc. (Contractor), in an amount not to exceed $600,000 for on-call hazardous waste disposal services for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Contract Services Agreement No. 25B038 (Attachment A) with Industrial Waste Utilization, Inc. to provide on-call hazardous waste disposal services for the Palm Springs International Airport in an amount not to exceed $600 ,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
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 January 29, 2025, Industrial Waste Utilization, Inc. is registered in the state of California.
BACKGROUND:
The Airport requires hazardous waste disposal services to manage both routine and emergency waste disposal needs which must be properly collected, transported, and disposed of to comply with environmental regulations and ensure public safety . As a public facility, the Airport generates various hazardous materials, including waste fuel, oil, solvents, used batteries, paint, and lightbulbs. In an e mergency aircraft situation, Per- Item 1D - Page 1
City Council Staff Report
March 12, 2025 -- Page 2
Award On-Call Hazardous Waste Disposal Services Agreement
and polyfluoroalkyl (PFAS) substances may be used by Airport firefighters to extinguish flammable liquid fires.
Effective management of hazardous materials is critical in emergency situations, such as aircraft incidents, where fuel or other hazardous substances could be spilled and immediate response is necessary to contain and clean up affected areas, ensuring that runways and airfields remain safe and operational for arriving and departing a ircraft.
Delays or improper cleanup can pose environmental risks such as groundwater contamination, fire hazards , and disrupt ion to A irport operations, impacting both passengers and the airlines.
On October 8, 2020, the City Council approved Contract Services Agreement No. A8374 (Agreement) with Alpha Petroleum Transport, Inc. II for a three- year term in the amount of $134,913.45, effective November 9, 2020, through November 8, 2023, with two one- year extension options for the Facilities and Maintenance Department for the collection transportation, disposal and/or destruction of waste materials.
On April 6, 2022, the Director of Maintenance and Facilities approved Amendment No. 1, adding $28,911 to the Agreement for a new maximum contract amount not to exceed $163,824.45, to incorporate annual services for the Palm Springs International Airport. $13,911.45 was allocated for the prorated services for the second year of the Agreement, and $15,000 was allocated for year of the Agreement for Airport services. On November 14, 2022, the City Manager approved Amendment No. 2, adding 46, 087.39 to the Agreement to increase funding for services to be provided for the Airport, for a new maximum contract amount not to exceed $209,911.84.
On November 9, 2023, the City Council approved Amendment No. 3 which exercised the first optional one- year term through November 8, 2024, and modif ied the Schedule of Compensation to include: (i) annual Consumer Price Index (CPI) adjustment of 4.9% for the prior 12 month period effective on the anniversary date; (ii) an increase in waste collection, transportation, disposal, and/or destruction of waste materials, for services provided to the Airport; (iii) emergency services as performed from August 17, 2023, through October 20, 2023; and (iv) unscheduled emergency services, for an additional amount of $1,028,383.07, for a maximum contract amount not to exceed $1,238,294.91.
This total included:
• A Consumer Price Index change, for a 4.9% increase to unit prices and an extended annual cost of $96,591.71.
• An increase in waste collection, transportation, disposal, and/or destruction of waste materials for services to the Airport for an annual estimated cost increase of $50,000 for year 3 and $100,000 for year 4.
Item 1D - Page 2
City Council Staff Report
March 12, 2025 -- Page 3
Award On-Call Hazardous Waste Disposal Services Agreement
• Ratifying emergency services performed at the Airport from August 17, 2023, through October 20, 2023, for the cleanup of a fire at the Airport’s Quonset Hut , for an increase of $681,791.36.
• As-needed Airport emergency services for an increase of $100,000.
On November 8, 2024, the City Manager approved Amendment No. 4 which exercised the second optional one-year term through November 8, 2025, and modified the Schedule of Compensation to include: (i) annual Consumer Price Index (CPI) adjustment of 1.1% for the prior 12 month period effective on the anniversary date; for an additional amount of $191,058.54, for a new maximum contract amount not to exceed $1,429,353.45.
Below is the cost incurred by the Airport for hazardous waste removal from April 2022 through 2023. No costs were incurred for 2024 because the Airport’s paint truck was inoperable which eliminated the need for paint removal , and there was no other routine or emergency hazardous waste removal required in 2024. Airport staff are expecting to receive a new paint truck in May 2025 which will increase the need for hazardous waste removal in 2025.
Year Amount
2022 $21,962.43
2023 $726,104.36
Total Amount $750,372.79
The Airport staff have determined that it is crucial for the Airport to have a dedicated agreement for hazardous waste disposal and emergency response services at the Airport.
STAFF ANALYSIS:
The contract with Industrial Waste Utilization, Inc. is an on-call, as-needed type contract.
The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
An Invitation for Bids (IFB 24-42) was initiated by the City’s Procurement and Contracting Department on January 7, 2025, based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Six bids were received by the February 4, 2025, deadline as follows:
Vendor Bid
Industrial Waste Utilization, Inc. – Montclair, CA $471,708.50 Alpha Petroleum Transport Inc II – Corona, CA $561,857.22 Clean Harbors Environmental Services, Inc. – Norwell, MA (local office:
Riverside, CA)
$627,837.95
Item 1D - Page 3
City Council Staff Report
March 12, 2025 -- Page 4
Award On-Call Hazardous Waste Disposal Services Agreement
Hunter Consulting Inc., dba HCI Environmental & Engineering Service – Corona, CA
$686,171.75
Environmental Logistics, Inc. – Bloomington, CA $763,883.75 Unite Pumping Service, Inc. – Industry, CA $968,784.50
Staff recommend approving a Contract Services Agreement with Industrial Waste Utilization, Inc. , to ensure compliance with environmental regulations and to maintain operational readiness. This agreement will provide ongoing hazardous waste management services, including routine disposal and emergency response capabilities, reinforcing the City’s commitment to safety, regulatory compliance, and environmental stewardship at the Airport.
The unit pricing is fixed for the initial three-year term and subject to CPI increase in the optional renewal years.
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 – Improve City Facilities.
FISCAL IMPACT:
Sufficient funds are budgeted and available in the current fiscal year in Department of Aviation Airside Operations Account 4157030.40105 and will be budgeted in subsequent fiscal years.
Item 1D - Page 4
City Council Staff Report
March 12, 2025 -- Page 5
Award On-Call Hazardous Waste Disposal Services Agreement
REVIEWED BY:
Executive Director of Aviation: Harry Barrett, Jr.
Acting Procurement and Contracting Manager: Tabitha Richards City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement No. 25B038
B. Public Integrity Disclosure
Item 1D - Page 5
ATTACHMENT A
CONTRACT SERVICES AGREEMENT NO. 25B038
Item 1D - Page 6
CONTRACT SERVICES AGREEMENT 25B038
HAZARDOUS WASTE DISPOSAL SERVICES FOR PALM SPRINGS
INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 17 , 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Industrial Waste Utilization, Inc. , a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm to provide hazardous waste disposal services for the Palm Springs International Airport, (“Project”).
B. Contractor has submitted to City a Bid to provide hazardous waste disposal services, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”) .
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees .
Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
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The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement . Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $600,000.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director.
Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees . An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Item 1D - Page 8
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 March 17, 2025, and ending on March 16, 2028, 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: Charles Templer, 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.
5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer") . Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer . Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval . In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
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5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City . Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance . Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer . Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Charles Templer President
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”) . If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
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7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services .
The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement . Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use . Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
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8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement . Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California .
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief , a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses . These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default Item 1D - Page 12
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: Industrial Waste Utilization, Inc.
Attention: Charles Templer
5601 State Street
Montclair, CA 91763
11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law . In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of Item 1D - Page 13
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.
12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, 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.
13. Federal Provisions.
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Pr ovisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 1D - Page 14
SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND INDUSTRIAL WASTE UTILIZATION, 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 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
Item 1D - Page 15
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1D - Page 16
1.1 Background:
The Palm Springs International Airport requires the services of a Contractor to provide regular and emergency services for the disposal of hazardous waste. These services include the collection, transportation, disposal and/or destruction of waste material s of various types.
1.2 Scope:
A. The Contractor shall provide all services, including supervision, labor, equipment, vehicles, containers, PPE and other resources necessary for the collection, transportation, disposal or destruction of any hazardous materials generated at or by Palm Springs International Airport. These services shall be performed on an on- call basis and are to include the following:
1. Collection, inventory and packaging for transport of materials for disposal
2. Labeling and generating a manifest for all materials
3. Arranging for proper disposal or recycling of all materials as defined by all applicable environmental regulations
4. Transportation of materials by a licensed and bonded transporter. Transporter shall have and EPA identification number.
5. Materials shall be delivered to an Airport approved facility. The Contractor may be asked to perform an audit on behalf of the Airport to determine selection of facilities.
6. Tracking of all material shipments
7. Preparation of disposition reports and forms required for all material shipments to be submitted to regulatory agencies and to the Airport.
8. Provide technical guidance on waste management issues
9. Replacement of, like for like, all containers used to store or transport hazardous materials
10. Emergency response to spills, accidents, fires, or unexpected discoveries involving hazardous materials
11. Identification of hazardous materials through sampling and submission to an accredited laboratory for analysis. All material analysis must be accompanied by a report to the Airport
12. Clean fuel recovery from aircraft, fuel trucks and other incapacitated vehicles
13. Materials to be disposed of are generally, but not limited to:
a. Waste paint (dry)
b. Waste paint rinse
c. Light bulbs
d. Batteries
e. Bituminous asphalt sealant
f. Waste oil
g. Waste fuel
h. Solvents
Item 1D - Page 17
B. Contractor shall act as a General Contractor, sub- contracting with other properly licensed trades to complete any projects requested under this contract.
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. Contract Administration: This contract will be administered by the Maintenance Manager of Palm Springs International Airport. Requests for service must come from the Manager, or their designated representative.
E. 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.
F. Contractor is required to obtain and maintain Signatory authority and SIDA badges for a minimum of 3 individuals.
G. Emergency Response Services: An allowance of $350,000 has been added for as - needed emergency response services. The Contractor will invoice for said services at the hourly rates provided in the Emergency Response Hourly Rate table on the bid form.
1.3 Pricing:
A. The pricing included in this Contract shall be firm for the initial three year term.
B. For optional years 4 and 5, Contractor may request a price adjustment not to exceed 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.
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, portal -to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of mater ials / supplies unless the City authorized payment of the applicable items.
1.4 Payment:
The resulting contract for these services is an on- call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.
1.5 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment Item 1D - Page 18
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 the Maintenance Manager and to: [email protected] .
Item 1D - Page 19
Item 1D - Page 20
ATT.ACHMEtfl" G - REVI SED PIEIR ADDENDU M! NO. 1
BID FORM
INVITATION FOIR BIDS {IFB 24-42 )
IHAZARiDOU S WASTE DISIPO SA!L SIERVCC ES FOR PSP
Re$p0n i111g to this IAB tor haza r ous Miste disposa l services for Palm Springs l111temation al Airpm, the ulldernigned bid der proposes and agrees to provide Ille servi ces a111d wo i111 accordance willl the specifications. Bidder proposes arid lil.grees to furnish lil l labor, equ(p:rnent, materilills , supervisaorn, arid seNice necessary to complete said Work -n accordance with ffl e Spec ifica -oms of the City of Pa rn Springs arid v.•i I accep lilS full paymen t therefore, Ille fdllo ng urnit cos.at a:rnounts .. lihe City of Palm Springs wi I not accep any ad<frfioM1 cha rges, fees , etc_ that are mo alrea dy included or -ncorporated in Ille below unit costs_
ITEM DESCRIPTION UNIIT ESTIMATIED UNIT PRICE S UBTOTAL QUANTrrY 1 Waste m Gallcms 6 090 $0_35 $2131. .50
2 Waste AntifreezefOoo lant Galkms 1 800 $0.95 $1.710.00 3 IJsed Oil Fiilters 55Glil flon 8 $95_00 $1,710.00 Drum 4 Absorber-it MaterialsfO il1 R:ags 55Ga !lon 6 $95_00 $57R OCl Drum 5 Batteries (Mix) 55Ga Uon 6 $250.00 $1,500 .. 00 Drum
6 4' Fluorescen t Liahts Each 4500 $0_60 $2.700 .00
1 8," Ruores.cerrl. l iahts Each 1 800 $0.95 $1-710.00
Lig'.hts Mix: CFL, LED, HID , Combina Uon 8 Meta l Are Ha de, Halogen , Each 3,300 $,1_00 $3,300.00 Mercu rv Vaoor U-S!han ed
9 Ballasts 55Ga !lon 3 $275 .. 00 $825_(D[l Drum
1(1 Ptiirit, Latex Gallon 2.3 25 $3.00 $6,9175.00
11 Ptii111t Oil Base Gallon 100 $6,_oo, $1,0f!O.OO
12 Ptiiri Aerooo'.I 55Ga Uon 3 $375 .. 00 $1,125 .. 00 Drum 13 Ptii111t W ate;r 55Ga !lon 2 $95.00 $1,140.00 D.rum
14 M- c _ Solverils 55Ga Uon 8 $175 .. 00 $3, 150 .00 Drum 15 Misc. Building Materials: 55Ga tlon 9 $95_00 S855 _(D (D Eooxv Roof Patch etc _ Drum
16 Delete d 11er Addendum ~4b. 1 $0 .. 00
H Fire Extinguishers Each 15 $35_00, $525 _(D(D
18 Prooon e Tanks Each 15 $35.00 $525 _[l(D
19 1-ler'bicides.i'Pes.aticides 55Ga Uon 3 $95_00, 85_(D(D Drum 2(1 Poo'I Care Produ cts:: Cihloririe, 55Ga !lon 3 $995 .. 00 $2,9(35 .. 00 Acids Blilses Drum 21 Sha:rps 1 Gallon 211 $295 .. 00 $6, 195 .. 00 Conta:i111ers
Item 1D - Page 21
22 Clmifi ers Uqu id so.mm, $[}1_39 $23 ,40!100 Gallorns 23 Cli.lrffi ers Solid Ga:llons 2 400 $0.0r1 1>:l4.00
Runway and Aprori : Foreign 55Ga Ion 24 Ollj ect Debris, Rubber Drum 1165 $70.00 $11,550.00 Crumb les
25 Em:otv [)ru ms 55 Gallon 300 $SJJO $1 sm oo
26 Light [).rums: Empty 4 ' 4 Foo 90 $50.00, $4,500.00 Card board Auo resren t 27 Light [).rums.: Empty 8' 8 Foot ;}6 $60.00 $2,160.00 Card board A uoresren t 28,' Bo:i: Van pr eq11ivalerit, v.1iU,
1gtlt gate , to irncilude
driver lqperntor, u izec! in the
28 pro per & safe t:ransportatiorn of Hour 24 $25 .. 00 $600 .00 RCRA. & Non-lRCRA, Hazardom1 Waste Liquids &
SoMs (Based on 8 hours -
ool1al to 1oortJJ)
O.ne ac!ditiornal (40) hour
!ra ined techn ician, utilized ·ri
Ill e l)l"'Oper & safe pack~ ing
29 and trnns,parta.tiion ,of RCRA. & Hour 24 $40.00 $960 .00 Nori-RCRA Haza rdous Waste,
Liquids & So els (Based on 8
hours - oorta l to oorbll)
O.ne Superviso r llfi'lized in the
pro per & safe 1packag:ing and
30 lra11s:parmoon o !RORA& om- Hour 375 $40.00 $15,000 .. 00 RCRA. Haz:irrdous W aste Liquids & So els (based ,on 8
hours - i::,ortal to oorbll)
United Nations ,(UN)
Packag:irng for the prqper and
safe tmm;po l1ation & d is,posal
RCRA. &. on-lRCRA,
Hazardous Waste Liquids &
So'lids:
31 Cubic Yard Box(es) 6a cih '18 $75 .00 $1 350.00
32 Bt;i,g(s) of A!l)sorbem Eacih 3 $30.00 l)'!:10.0[1
33 55 Gallorn Steel w, drums Eacih 3 $55 .. 00 $165.CIO 34 30 Galk:m Steel oo drums 6a cih 3 $501 .. 00 $150.CIO 35 30 Gallorn IPotv o/tJ drums Eacih 3 $501 .. 00 $150.[l[I 36 1 S Gallorn IPolv oltJ drums 6acih 3 $501 .. 00 $150.0[1 37 S Gallon Steel o.11:1 oails Eacih 3 $18,.00 $54 _[1[1 38 S Gallon IPoly o/t 1mrls Eacih 3 $18,.00, S54.Cm
39 No -RORA. Haza rdous Waste, Cubic Yard 112 $185.00 $2;220.00 Lillu ic! (IParnt Primer& . Se.I ler , Bo:i:es Non-RORA. Hazardous Waste, 55G Ion 4[1 So'lid (Adh esive &. GramJe Drum 3 $90.00 $270.CIO [)eodorarnU
41 Non-RORA. Haza rdous Waste, Cubic Yard 6 $185.00 $1,110.00 So lid H)ri ec! Pairnt, EmDhl !Pails Bo:i:es
Item 1D - Page 22
& Debris)
42 Manifest compliarnce and Each 3 $35.00 1105.CDCI dooumernl aoon fee 1Fu:e:11 En.erg(Y, and lnsurrance
Surcharg e - Year 1 {Enter
43 yourr % for t lile· unirt pliice) % $5,0IUI 0.1!11 $0050.00 (Sul'.ltofal Exa8'pl e: if 115% mul:fiply 1.15 x 5 000 =
$5.7501
1Fu:e:11 Eneirg(Y and lnsurrance·
Surcharge - Year 2 (Enter
44 yom % for t,lile· uniit pnice) % $5,001!1 0.1!11 $5050.00 (Sul'.ltota Exan ple·: if 115'% mutfi ply 1.15 x 5 000 =
$,5,7501
IFu:e:11 En.er~ and lnsmanc e·
Surcharge - Year 3 (Enter
45 yom % for tlile unirt pl'iice) $5,001!1 0.1!11 $5050.00 (Sul'.ltotal Exan ple·: if 115'°/4 mutuply 1.15 x 5 000 =
$,5,7501
Emergeri cy Respom:e
Seivices (as-rneeded) to be
46 · 1,•oiced at tile hourty rates lowarioe 11 $350,CDCICD pm · dee! in the Emergerncy Response Hourly R-ate fiable
below .
TOTAL 116nter tlilis amount uni Plan.etBids.l $4711,708.SCD *NOTE: This bid form is to detennine the 11011,•est biclicter and v.i ll be used to, estabr h the contract unit prices. The 0011fract will be sel al tile City budge amount
EMIERGEHCY RESPONSE HOU RILY RATES
Descrip~ion Straig'.htli"ime uovern:rne '"*'P,remium Time· (Homily Rate) ~Hourty Rate) (Hourly Rtllle)
Project Manager $200.00 $300.00 $400.00
Supervisor $,200.00 $300.00 $4CDCD.CDCD
Lead liechnician $200.00 $300.00 $400.00
Technicians $200.00 $300.00 $400.00
Geologist $,200.00 $300.00 $4CDCD.CDCD
Fiel Chemisl $,200.00 $300.00 $400.00
lnc!usbi.al Hygienist $,200.00 $300.00 $4CDCD.CDCD
Equipme t Operator $,200.00 $300.00 $400.0CD
Administrnlill•e $60 .. 00 $90.00, $1120.00
Item 1D - Page 23
straighl Time Hours a:re room B:00 am o 5:00 pm Mon day Throu gh Friday . .,. Overtime · II be charg ed or work , bew.•eern 5:01 p.m. and 7:59a_m_ .,.,, P,em'ium - e wi I be charged ror all v.•or'k hoon. that exceed (12) cons ecu - e !lours in a W'Orkday_
Satu rday I be b lied at Hle overt ime rn e for the first (8 ), hours and them Hle premium time rate ap;p1ies thereafter .
9urnday
• New Yem's Day
• East er
• Merncri:3:1 Day
• 4!111 of July
• L.aborDay
• Veteran 's Day
• Tharnksgiving Day
• Day afte r Thanks g- ill!J
• Christmas Eve Day
• Christmas Da.y
• Presiden s Day
~Min-mum cha:rge of (4) hours app 1es to all veh -cles, equ-pment arnd per-...onnel. ~ I vehicle, equ ipment and work hours w i I be c'harged from partm fo portal Firm Name: lrndustnal Wasle uti tzatiorn line_
EIPA ID Num'be:r: CAD9'806135293
Signal.tire of Authori zed Persorn: _________________ _ Prirnted Name : Charles lie.mpler
Trtle: IPresicfernt
Date: __________________________ _
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 1D - Page 24
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:
A. 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;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions insurance with limits of at least two million dollars ($ 2,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
___X____ required
________ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Invitation for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it . For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under Item 1D - Page 25
this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement . The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time .
Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent 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 self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter . Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
Item 1D - Page 26
8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1D - Page 27
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Item 1D - Page 28
A. ACHMENTF
EXECUTIVE OR:DER 1:11.a .. 22 CelRTIFIICATION
NVITATION' FOR BIDS ( FB 24-42~
HAZARDOUS WASTE DISPOSAL SIERVIIC:IES FOR PSP
Execulive Order N-6-.22 issued bey Gov@mor Gavin Newsom cm March 4, 2022 , directs all gencies and deparlme nls that are subject to tile Governor's authorit)' to (a.), l.erminate any conlra cts with any individvals or entities hat are, determine d to be a target of economic sanctions ag IM I Russi nd Russlan emtilies a11d individuals; a11d (b) refra in from enteri ng into a11y new oonlracts wilh s ch individuals or entities while the afo:reme.ntioned sane · o s are in effect.
Executive Order N-·6-22 also requires lhat ny co tractor lhail: (1) currently has a. conlmct wilh the City of Palm Springs fundecl hrnugh gra nt funds provid d by 111 Slate of Califomia; and/o r (2) subm its a bid or propos l or olh,erwlse proposes to or enter Into ,or renew a contract with the Oi y of Palm Springs wi St.ite of C.ilifomia grant u11ds, certify that U1e person is not tlhe target of a y eoono ic sancil,ons against Russia. and Russi.in ,entities and 1indi1J1idua Is,
The oontr~tctor hereby certifies., SUB JECT TO PENA L TY FOR IPEIRJURY, that a) he contnic or is nol a targel of any economic sanct·ons aga inst Ru~sian and Russian entllies and lndMduals as discussed in Executive Order N-6-22 and b) the pers on signing below is duly aurthorized to legally bind the Contractor. Tllis certitiicalion is made under the la\ts of the State of California.
Signalure:~---r;,_, ~ I
Printed N me: Charles emple r
Firm Name; I ndustaal Wasle Utjli!Zation, Inc.
Daile: __ ,;--/ .,-~ Z4-~--?--~_....,__2_· __ _
EXHIBIT “D”
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 2.8.2023
Item 1D - Page 29
FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1D - Page 30
FAA - 02 Affirmative Action Requirement
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:
Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.
Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.
Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).
Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.
Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).
Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENTS -
1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: [N/A]
Goals for female participation in each trade: [N/A]
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer Item 1D - Page 31
of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.
Reference: 41 CFR Part 60-4
Item 1D - Page 32
FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non- ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
Reference: Title 49 USC § 50101
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FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.
Reg. 74087 (2005)];
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• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such Item 1D - Page 37
provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.
REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251
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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one- half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or Item 1D - Page 40
cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback
APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or publ ic works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).
Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part
3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1D - Page 42
FAA – 10 Davis Bacon Requirements
APPLICABILITY -
The Davis -Bacon Act (40 USC §§ 3141- 3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types –
Construction – all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.
Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects – Fencing projects that exceed $2,000 must include this provision.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:
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Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Item 1D - Page 44
Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digi ts of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Item 1D - Page 45
Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where Item 1D - Page 46
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
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5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141- 3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non- procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation- assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non- DBE firm, or with another DBE firm.
The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City. Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.
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In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).
REQUIREMENT -
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub- tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1D - Page 53
FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.
The Drug -Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.
The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – all professional service agreements as required above.
Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.
REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such Item 1D - Page 55
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or wor kers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
Item 1D - Page 56
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the Item 1D - Page 57
apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to eac h construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
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g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its Item 1D - Page 59
obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for Item 1D - Page 60
the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.
Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.
REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.
REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.
Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.
Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.
Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Examples include the installation of noise monitoring equipment.
Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60- 1. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1D - Page 64
FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.
REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its co mpliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
Item 1D - Page 65
FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
Item 1D - Page 66
FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.
REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non- profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
Item 1D - Page 67
FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.
Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.
Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.
Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.
Land – This provision will not typically apply to a property/land project.
REQUIREMENT -
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
Reference: 49 CFR Part 41
Item 1D - Page 68
FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1D - Page 69
FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1D - Page 70
FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must requir e subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
Item 1D - Page 71
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Item 1D - Page 72
FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.
REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1D - Page 73
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.
REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)
Item 1D - Page 74
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1D - Page 75
Item 1D - Page 76
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Industrial Waste Utilization, Inc.
Address of Entity (Principal Place of Business)
5601 State Street, Montclair, CA 91763
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
X Corporation 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
Charles Tem(21er X Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item 1D - Page 77
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.
Charles Temi:2ler 100% Industrial Waste Utilization, Inc. [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 ~ --r v---1---7--'1~7-,5
Charles Templer
President
CITY COUNCIL STAFF REPORT
DATE: MARCH 12, 2025 CONSENT CALENDAR
SUBJECT: A PPROVE CONTRACT SERVICE AGREEMENT S NO. 25B056 AND 24B058 WITH R&R B I NC DBA SERVPRO OF PALM SPRINGS AND 25B057 AND 25B059 WITH DESERT VALLEY RESTORATION, INC. FOR
ON-CALL GENERAL EMERGENCY RESTORATION AND REMEDIATION
SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
Nicholas S. Gonzalez, Director of Parks & Recreation
SUMMARY:
This action will approve four Service Agreements: No. 25B056 in an amount not to exceed $600,000, and Agreement No. 25B058 in an amount not to exceed $200,000 with R&R B Inc dba Servpro of Palm Springs ; Agreement No. 25B 057 in an amount not to exceed $400,000, and Agreement No. 25B059 in an amount not to exceed $135,000 with Desert Valley Restoration, Inc. , for on-call general emergency restoration and remediation services for the Public Works and Parks & Recreation departments.
RECOMMENDATION:
1. Approve Contract Services Agreement 2 5B056 (Attachment A) with R&R B Inc dba Servpro of Palm Springs to provide on-call general emergency restoration and remediation services for the Public Works department in an amount not to exceed $600,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
2. Approve Contract Services Agreement 25B057 (Attachment B) with Desert Valley Restoration, Inc. to provide on-call general emergency restoration and remediation services for the Public Works department in an amount not to exceed $400,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
3. Approve Contract Services Agreement 2 5B058 (Attachment C) with R&R B Inc dba Servpro of Palm Springs to provide on-call general emergency restoration and remediation services for the Parks & Recreation department in an amount not to Item 1E - Page 1
City Council Staff Report
March 12, 2025 -- Page 2
Award On-Call General Emergency Restoration and Remediation Services Contracts
exceed $200,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
4. Approve Contract Services Agreement 25B059 (Attachment D) with Desert Valley Restoration, Inc. to provide on-call general emergency restoration and remediation services for the Parks & Recreation department in an amount not to exceed $135,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;
5. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form s (Attachments E & F ) submitted on February 11, 202 5, R&R B Inc dba Servpro of Palm Springs and Desert Valley Restoration, Inc. are both registered in the state of California.
BACKGROUND:
The City of Palm Springs requires the services of contractors to provide on-call general emergency restoration and remediation services at various City of Palm Springs buildings and parks for the Public Works and Parks & Recreation departments for a three- year term, beginning on March 17, 2025.
STAFF ANALYSIS:
The contracts with R&R B Inc dba Servpro of Palm Springs and Desert Valley Restoration, 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 contract s; however, the actual amount of the contracts is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
An Invitation for Bids (IFB 24-43) was initiated by the City’s Procurement and Contracting Department on January 13, 2025, 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. Two bids were received by the February 11, 2025, deadline as follows:
Vendor Bid
R&R B Inc dba Servpro of Palm Springs – Indio, CA $1,226,315.00 Desert Valley Restoration, Inc. – Palm Desert, CA $1,395,348.40
The department’s intent on this solicitation was to award four contracts to the two lowest, responsive, responsible bidders. R&R B Inc dba Servpro of Palm Springs will be the primary contract holder and Desert Valley Restoration, Inc. will be the secondary. The Item 1E - Page 2
City Council Staff Report
March 12, 2025 -- Page 3
Award On-Call General Emergency Restoration and Remediation Services Contracts
departments will reach out to the primary contract holder first and if they are unable to perform the work, the departments will reach out to the secondary contract holder.
The unit pricing is fixed for the first year and subject to CPI increase in the following years.
Staff recommends approval of Contract Services Agreement No. 25B 056 in the amount not to exceed $600,000 and Contract Services Agreement No. 25B058 in the amount not to exceed $200,000 with R&R B Inc dba Servpro of Palm Springs for the initial three-year term as the primary for the Public Works and Parks & Recreation departments, effective March 17, 2025 through March 16, 2028, subject to two one-year optional renewals at the sole discretion of the City; and, Contract Services Agreement No. 25B057 in the amount not to exceed $400,000 and Contract Services Agreement No. 25B059 in the amount not to exceed $135,000 with Desert Valley Restoration, Inc. for the initial three-year term as the secondary for the Public Works and Parks & Recreation departments, effective March 17, 2025 through March 16, 2028, 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 3A, Community Infrastructure – Improve City Facilities.
FISCAL IMPACT:
Funds for these services are budgeted and available in the following departments in the current Fiscal Year 2024-2025 budget and will be budgeted in subsequent fiscal years:
Public Works: 5206570 – 40105, 60025
Parks & Recreation: 1004500 – 50105
Item 1E - Page 3
City Council Staff Report
March 12, 2025 -- Page 4
Award On-Call General Emergency Restoration and Remediation Services Contracts
REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Acting Procurement and Contracting Manager: Tabitha Richards Director of Parks & Recreation: Nicholas S. Gonzalez
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement No. 25B056
B. Contract Services Agreement No. 24B058
C. Contract Services Agreement No. 24B057
D. Contract Services Agreement No. 24B059
E. Public Integrity Disclosure – R&R Inc dba Servpro of Palm Springs.
F. Public Integrity Disclosure – Desert Valley Restoration, Inc.
Item 1E - Page 4
ATTACHMENT A
Item 1E - Page 5