Agenda packet — Palm Springs City Council, April 23, 2025 (part 2 of 5)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

_______________________________________________  Officer  Director  Member  Manager
[name]
 General Partner  Limited Partner

 Other _______________________________

_______________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other _________________________________

______________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
Southstar Engineering and Consulting, Inc.
1945 Chicago Ave Unit C-2, Riverside, CA 92507
78100 Main Street Suite 201, La Quinta, CA, 92253
CA
Amr Abuelhassan, MS, PE, QSD, Executive V.P. / CFO
Yvette Kirrin, PE, President
Daniel Ciacchella, PE Executive VP/COO
Item 1J - Page 13
SOQ 13-20: ON-CALL CONSTRUCTION MANAGEMENT & INSPECTION SERVICES V

Page 23 of 50 ends

 Other _______________________________

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity
and name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in
entity and name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in
entity and name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in
entity and name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in
entity and name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date

04-30-2020
N/A
Item 1J - Page 14
Attachment B
Item 1J - Page 15

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 2 of 9

AGREEMENT ____
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this __ day of , 2025, by and between the City of Palm Springs, a charter city, organized and ex isting in the County of Riverside, under and by virtue of the laws of the State of California , hereinafter designated as the City, and name of contractor inserted here, a California corporation, hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK
For and in consideration of th e payments and agreem ents to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

SUBJECT PROJECT NAME

The Work comprises of: INSERT PROJECT DESCRIPTION.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. Th e parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidate d damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein.

In executing the Agreement, the C ontractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed.

This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deduc ted from progress payments due Contractor, Project retention or may be collected directly from Cont ractor, or from Contra ctor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

Item 1J - Page 16

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 3 of 9

ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the comple tion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the init ial contract award in accordance with the Contractor’s Bid Proposal is PRICE IN WORDS FOLLOWED BY PRICE IN NUMBERS ($XXX,XXX.XX).

Contractor agrees to receive and accept the pric es set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accept ed Bid and Bid Schedule(s), Li st of Subcontractors, Local Business Preference Program – Good Faith Effort s, Non- Discrimination Certification, Non- Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Pe rformance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers __ to __, inclusive, and all Construction Contract Change Orders and Work C hange Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of th e payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materi als and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contract or to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Pric e herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications fo r Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party.

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 4 of 9

another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnificatio n and defense as set forth in Section 5-8 “Indemnification,” of the Special Provisions.

ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et se q., and 1770, et seq., as well as California Code of Regulations, Title 8, Se ction 16000, et seq. ("Prevailing Wage Laws").

Contractor shall bear all risks of payment or non-pay ment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmle ss from any claim or liability arising out of any failure or alleged failure to comply with th e Prevailing Wage Laws. Contractor specifically acknowledges and agrees to be bound by th e Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissi oner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City ha s or shall have any direct or indirect financial interest in this Agreement, no r 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 wa rrants that Contractor has not paid or given, and will not pay or give, any third party any mone y or other consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Ag reement, 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 or ientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”).

Contractor shall ensure that applicants are employed, and t hat 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 Agreemen t, 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, dem otion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensati on; 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, in cluding without limitat ion the provision of benefits, relating to non-discrimination in city contracting.

Item 1J - Page 18

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 5 of 9

ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have t he meanings indicated in said Standa rd Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies t hat may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by la w), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor eac h binds itself, its pa rtners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors , assigns, and legal representatives, in respect of all covenants, agreements, and obliga tions contained in the Contract Documents.

Each and every provision of la w required to be included in th ese Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 13 -- COMPLIANCE WITH ECONOMIC SANCTIONS
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Contractor shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Contractor shall also certify compliance with N-6-22 by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Contractor shall also require any subconsultants to comply with the Russ ian Sanctions Program and certify compliance pursuant to this Section.

ARTICLE 14 – PROJECT LABOR AGREEMENT
The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work. Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as Exhibit “B” and referred to herein as the “L OA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work.

Contractor further agrees to requ ire, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

 14.1 Subcontractors – Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to in clude, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes Item 1J - Page 19

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 6 of 9

any labor for the performance of Work, to comply with the pr ovisions of the PLA at no additional cost.

 14.2 Condition of Payment – Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requ irements of the PLA sh all be a condition of Contractor’s right to payment under this Agreement.

 14.3 Reformation – Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectl y stated, shall be deemed to be inserted in this Agreement a nd shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires co rrection, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.

 14.4 Conflicts – In the event of a co nflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.

 14.5 Costs of Compliance – Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 14.

 14.6 Not a Limitation – The requirements of this Section 14 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1J - Page 20

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 7 of 9

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT NAME***]

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1J - Page 21

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 8 of 9

EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and in dividuals; and (b) refrain from entering into any new contracts with such indi viduals or entities while the af orementioned sanctions are in effect.

Executive Order N-6-22 also requir es that any contractor that: (1 ) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that t he person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PEN ALTY FOR PERJURY, that a) the contractor is not a target of any econom ic sanctions against Russian and Ru ssian entities and individuals as discussed in Executive Order N-6-22 and b) t he person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1J - Page 22

PROJECT NAME AND CIP NUMBER

Revised 4.13.23 Page 9 of 9

EXHIBIT “B”

LETTER OF ASSENT

A letter of assent is to be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work.

[Contractor’s Letterhead]

CWA Administrator
City of Palm Springs
Attn: Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Re: Community Workforce Agreem ent – Letter of Assent
City Project No. XX-XX

Dear Sir/Madame:

This is to confirm that [nam e of company] agrees to be part to and bound by t he City of Palm Springs Community Workforce Agreement effective Month Day, Year, as such Agreement may, from time to time by the negotia ting parties or interpreted pursuan t to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require a ll of its contractors and subcontractors of whatever tier to be sim ilarly bound for all work within the scope of the Agreement by signing and furnishing to you an i dentical letter of assent prior to their commencement of work.

Sincerely,

[Name of Construction Company]

By: [ ]
Name and Title of Authorized Executive

Contractor State License No.:

Business Address:

Business Phone:

Cc: San Bernardino/Riverside Counties Build ing and Construction Trades Council AFL-CIO

Item 1J - Page 23

WORKER'S COMPENSATION CERTIFICATE
AGREEMENT AND BONDS - PAGE 1

WORKER'S COMPENSATION CERTIFICATE

(AS REQUIRED BY SECTION 1861

OF THE CALIFORNIA LABOR CODE)

I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to un dertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

Contractor __________________________________

By _________________________________________

Title ________________________________________

Item 1J - Page 24

PERFORMANCE BOND
AGREEMENT AND BONDS - PAGE 1
PERFORMANCE BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,

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

PROJECT NAME AND CIP NUMBER

(hereinafter referred to as the “Public Work”); and

WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and

WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof.

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

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

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

Item 1J - Page 25

PERFORMANCE BOND
AGREEMENT AND BONDS - PAGE 2
PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

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

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

CONTRACTOR
:

Check one: ____ individual, ___ partnership, ___ corporation

(This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.)

CONTRACTOR:

By:

signature
(NOTARIZED)

Print Name and Title:

By:

signature
(NOTARIZED)

Print Name and Title:

SURETY:

signature
(NOTARIZED)

Print Name and Title:

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

Item 1J - Page 26

PERFORMANCE BOND
AGREEMENT AND BONDS - PAGE 3
PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________

(The above must be filled in by corporate surety).

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

Any claims under this bond may be addressed to:

(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California if
different from above)

(Telephone Number of Surety and
Agent or Representative for
service of process in California)

Item 1J - Page 27

PERFORMANCE BOND
AGREEMENT AND BONDS - PAGE 4
PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT

State of

County of

On ______________________ before me, , Date Name, Title of Officer personally appeared ,

NAME(S) OF SIGNER(S)

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

Witness my hand and official seal.

__________________________________
Signature of Notary

ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

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

Signer(s) Other Than Named Above_____________________________________________________

Item 1J - Page 28

PAYMENT BOND
AGREEMENT AND BONDS - PAGE 1
PAYMENT BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,

PROJECT NAME AND CIP NUMBER

(hereinafter referred to as the “Public Work”); and

WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and

WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code.

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

Item 1J - Page 29

PAYMENT BOND
AGREEMENT AND BONDS - PAGE 2
PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

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

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

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

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

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation

(This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR:

By:

signature
(NOTARIZED)

Print Name and Title:

By:

signature
(NOTARIZED)

Print Name and Title:

EXECUTED FOR THE SURETY:

signature
(NOTARIZED)

Print Name and Title:

Item 1J - Page 30

PAYMENT BOND
AGREEMENT AND BONDS - PAGE 3
PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________

(The above must be filled in by corporate surety).

Any claims under this bond may be addressed to:

(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California if
different from above)

(Telephone Number of Surety and
Agent or Representative for
service of process in California)

Item 1J - Page 31

PAYMENT BOND
AGREEMENT AND BONDS - PAGE 4
PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT

State of

County of

On ______________________ before me, , Date Name, Title of Officer personally appeared ,

NAME(S) OF SIGNER(S)

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

Witness my hand and official seal.

__________________________________
Signature of Notary

ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

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

Signer(s) Other Than Named Above_____________________________________________________

Item 1J - Page 32

WARRANTY BOND
AGREEMENT AND BONDS - PAGE 1

THE FOLLOWING WARRANTY BOND

SHALL BE FURNISHED PRIOR TO FINAL

ACCEPTANCE OF THE WORK IN
ACCORDANCE WITH SECTION 1-7.2 OF

THE STANDARD SPECIFICATIONS AS

AMENDED BY THE SPECIAL PROVISIONS

Item 1J - Page 33

WARRANTY BOND
AGREEMENT AND BONDS - PAGE 2
WARRANTY BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,

PROJECT NAME AND CIP NUMBER

(hereinafter referred to as the “Public Work”); and

WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and

WHEREAS, said Contractor is required under the terms of the Contract to guarantee the costs of repair and/or replacement of defective materials or defective workmanship in the Public Work, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City, and to furnish a bond for the faithful performance of said Contract and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such warranty work; and

WHEREAS, said Contractor has completed the Public Work and the City has accepted, or substantially concurrently herewith is accepting the Public Work, subject to the requirement of delivery of this obligation.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
, a c o r p o r a t i o n
organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of (TWENTY FIVE PERCENT [25%] OF FINAL CONTRACT AMOUNT) Dollars ($_________________), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such warranty, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

Item 1J - Page 34

WARRANTY BOND
AGREEMENT AND BONDS - PAGE 3
WARRANTY BOND – PUBLIC WORKS
(CONTINUED)

It is hereby expressly stipulated and agreed that this Warranty Bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Warranty Bond.

The condition of this obligation is such that if the above bonded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Contract respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on its part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect.

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

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

[SIGNATURES ON NEXT PAGE]
Item 1J - Page 35

WARRANTY BOND
AGREEMENT AND BONDS - PAGE 4
WARRANTY BOND – PUBLIC WORKS
(CONTINUED)

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

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation

(This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR:

By:

signature
(NOTARIZED)

Print Name and Title:

By:

signature
(NOTARIZED)

Print Name and Title:

EXECUTED FOR THE SURETY:

signature
(NOTARIZED)

Print Name and Title:

Item 1J - Page 36

PAYMENT BOND
AGREEMENT AND BONDS - PAGE 5
WARRANTY BOND – PUBLIC WORKS
(CONTINUED)

The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________

(The above must be filled in by corporate surety).

Any claims under this bond may be addressed to:

(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California if
different from above)

(Telephone Number of Surety and
Agent or Representative for
service of process in California)

Item 1J - Page 37

WARRANTY BOND
AGREEMENT AND BONDS - PAGE 6
WARRANTY BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT

State of

County of

On ______________________ before me, , Date Name, Title of Officer personally appeared ,

NAME(S) OF SIGNER(S)

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

Witness my hand and official seal.

__________________________________
Signature of Notary

ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT

DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above_____________________________________________________

Item 1J - Page 38

PUBLIC LABOR AGREEMENT
DATED AUGUST 31, 2021
Note:

Not included on this Attachment B of the Staff Report to minimize file size Item 1J - Page 39

CITY COUNCIL STAFF REPORT

DATE: APRIL 23, 2025 CONSENT CALENDAR

SUBJECT: A WARD OF A CONTRACT AND TASK ORDERS FOR THE INDIAN CANYON SEWER PROJECT (CITY PROJECT NO. 01 -11B) INCLUDING

A CONSTRUCTION CONTRACT TO GRBCON INC, A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $8,108,067; APPROVAL OF A TASK ORDER UNDER ON- CALL AGREEMENT A 8568 WITH NV5, INC.

IN AN AMOUNT NOT TO EXCEED $526,654 FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL OF A
TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG
ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $27,000 TO PROVIDE COMMUNITY WORKFORCE

AGREEMENT ADMINISTRATION

FROM: Scott C. Stiles, City Manager

BY: Engineering Services

SUMMARY:

Approval of this item will award a contract for the construction of the subject Project, including approval of associated agreements for construction management services and community workforce agreement administration.

RECOMMENDATION:

1) Award a construction contract to GRBCON Inc., in the amount of $8,108,067 for the construction of the Indian Canyon Sewer, City Project 01-11B (“Project”). 2) Authorize the Task Order with NV5, Inc., an on-call Construction Management Services consultant , in an amount not to exceed $526,654 for construction management services and inspection services related to the Project; 3) Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on- call CWA firm, The Solis group, in an amount not to exceed $27,000;
4) Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,225,000 with all change orders reported to the City Council.
5) Appropriate $9,916,721 from the Wastewater Fund Balance. 6) Authorize the City Manager or his designee to execute all necessary documents.

Item 1K - Page 1
City Council Staff Report
April 23, 2025 -- Page 2
Award Indian Canyon Sewer Project

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure forms for GRBCON Inc. (GRBCON), NV5 Inc. (NV5), and The Solis Group (TSG) are included as Attachment A.

BACKGROUND:

Commercial property owners near Garnet Avenue and Indian Canyon Drive are facing challenges developing projects due to the lack of sewer service in the area. The Regional Water Quality Control Board (RWQCB) prohibits standard septic systems in the area due to groundwater quality concerns, requiring expensive individual treatment plants instead.

An alternative is to install a gravity sewer line along Indian Canyon Drive, between Tramview Road and Garnet Avenue for an approximate 2.5- mile run, connecting to t he City’s existing sanitary sewer system. This prompted property owners and the City to seek an extension of public sewer service to make development more feasible.

The ongoing widening and bridge replacement over the Union Pacific Railroad (UPRR), City Project 01-11, presents a unique opportunity to extend the gravity sewer line within Indian Canyon Drive from Tramview Road to Garnet Avenue. The bridge reconstruction project is an opportune time to install the necessary sewer line as it must pass beneath the UPRR.

Since constructing the sewer line after the new bridge is in place would be challenging, costly, and significantly more disruptive, the City has strategically decided to proceed with the planning and design of the sewer line along Indian Canyon Drive concurrently with the bridge project, as shown in Figure 1 below and labeled Phase 1 and Phase 2.

Figure 1 – Site Vicinity Map
Item 1K - Page 2
z
/
Indian Canyon Sewer
. Phase2
(This Project)
City Council Staff Report
April 23, 2025 -- Page 3
Award Indian Canyon Sewer Project

• Phase 1 Sewer/Bridge Orange line in Figure 1: This phase covers the area from Garnet Ave to 1,000 feet south of Palm Springs Station Rd and will be constructed concurrently with the bridge replacement City Project No 01-11. • Phase 2 Sewer/South, (this item) Yellow line in Figure 1: This phase covers the area from 1,000 feet south of Palm Springs Station Rd to Tramview Rd. This is known as the Indian Canyon Drive Sewer Extension Phase 2, City Project 01- 11B.

STAFF ANALYSIS:

On February 13, 2025, City Council approved the plans, specifications, and estimates (PS&E) for the proposed Project . This Project was advertised for bidding in The Desert Sun, industry plan rooms and the PlanetBids electronic bid system on February 25, 2025, with bids opening on March 31, 2025. The following bids were received:

Company Location Bid Amount
GRBCON, INC. Baldwin Park, CA $8,108,067.00
Steve P. Rados, Inc. Santa Ana, CA $8,581,637.50
Mamco, Inc. Perris, CA $8,844,444.00
MNR Construction, Inc. La Verne, CA $10,385,855.00
James W. Fowler Co. Dallas, CA $11,377,000.00

Project Labor Agreement (PLA)

This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.

Local Business Preference Compliance

Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose workforce resides within the Coachella Valley. GRBCON is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis

Staff reviewed all bid documents submitted by the apparent low bidder and determined that GBRCON (“the contractor”) complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that City Council Item 1K - Page 3
City Council Staff Report
April 23, 2025 -- Page 4
Award Indian Canyon Sewer Project

approve the bid submitted by the contractor. A proposed agreement is included as Attachment B.

Request for Proposals for Construction Management Services Staff sent a Request for Proposals (RFP) for Construction Management (CM) and Inspection services to its on-call consultants. The RFP outlined specific requirements to ensure that the selected firm possesses a proven track record and the capacity to deliver construction management and inspection services to municipal government agencies similar to those required by the City.

On March 05, 2025, the RFP was published and made available t hrough PlanetBids™.

The City received proposals from one construction management services provider, NV5, whose proposal complied with the require ments of the RFP. Staff recommends the City Council approve a Task Order under On-Call Agreement A8568 with NV5 not to exceed $526,654.00.

ENVIRONMENTAL ASSESSMENT:

In accordance with the CEQA Guidelines, the City acting as “Lead Agency,” completed an environmental analysis of the potential impacts resulting from construction of the Sewer Line. An initial environmental review of the sewer line determined that an Initi al Study leading to a Mitigated Negative Declaration (“IS/MND”) is the appropriate environmental document, and that an Environmental Impact Report was not necessary.

The City circulated a Tiered IS/MND for the Sewer Line and made it available for comments between September 17, 2020, and October 29, 2020. The City received 4 comments, and responses were incorporated into the final Tiered IS/MND. The final document was recirculated for comments between November 1, 2021, and December 1, 2021. Two comments were received and incorporated into the final document. In accordance with the CEQA Guidelines, following public review of the IS/MND, the City Council adopted it on September 1, 2022. A final copy of the IS/MND is locat ed at the Office of the City Clerk and the City filed a Notice of Determination on September 8, 2022.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council’s Goals of Economic Development, Infrastructure and Facilities, as well as Public Safety and Community Services.

FISCAL IMPACT:

The estimated construction and administrative costs to complete the P roject are shown in Table 1 below.

Item 1K - Page 4
City Council Staff Report
April 23, 2025 -- Page 5
Award Indian Canyon Sewer Project

Table 1
Table of Project Costs Amount
Wastewater Fund (for Design) $208,036.75
Measure A (For Design) $97,350.00
Wastewater Fund Balance (For Construction) $9,916,721.00 Project Design ($305,386.75)
Project Administration ($30,000)
Construction Management/Inspection ($526,654)
Community Workforce Agreement Administration ($27,000)
Construction Contract ($8,108,067)
Contingency ($1,225,000)
Total 0

There is sufficient funding in the Wastewater Fund balance to cover the appropriation for this Project.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Sample Construction Agreement.

Item 1K - Page 5

Attachment A
Item 1K - Page 6
Item 1K - Page 7
Item 1K - Page 8
E. PUBLIC INTEGRITY BUSINESS DISCLOSURE FORM

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

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

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other

 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other
NV5, Inc.
200 South Park Road, Suite 350, Hollywood, FL 33021
California
42829 Cook St Suite 104, Palm Desert, CA 92211
X
Dickerson Wright
Richard Tong
Alexander Hockman
X X
X X
X X
City of Palm Springs | On-Call Assessment Engineering Services NV5 | A5 Item 1K - Page 9
E. PUBLIC INTEGRITY BUSINESS DISCLOSURE FORM

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity and
name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date NV5 Global, Inc. 100%, NV5 Global, Inc.

Jeffrey M. Cooper
Executive Vice President/COO 02/13/2025
City of Palm Springs | On-Call Assessment Engineering Services NV5 | A6 Item 1K - Page 10

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please iden tify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  Gener al Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Ot her __________________________
________________________
________  Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Ot her __________________________
TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
See above
California
X
Elvira Elizabeth Diez Solis X
Andrew Solis-Castillo X
Item 1K - Page 11

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

EXAMPLE

JANE DOE

[name of owner/inv estor]
50%, ABC C
OMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of own er/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inv estor] [p ercentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [p ercentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benef icial interest i n entity and name of entity]

I D ECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
Item 1K - Page 12
Attachment B
Item 1K - Page 13

AGREEMENT ____
(CONSTRUCTION CONTRACT)

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

The Work comprises reco nstruction and over lay of approx imately 1.69 million square feet, in various locations th roughout the City of Palm Springs including: reco rding, preservation and resetting of existing and new survey monuments; pu lverization of existing asphalt concrete (AC) pavement; full depth milling of existing asphalt concrete pavement; 2-inch grind and overlays, full AC grind and overlay, unclassified excavation (export); preparation of subgrade; asphalt concrete paving; adjustment of utility manholes, vaults, and water valves to grade; removal and replacement or installation of concrete curb ramps and select gutters; constr uction of concrete cross gutters; traffic striping and markings; and all other appurten ant work. The work shall be diligently prosecuted to completion before the expiration of 60 Working days.

Item 1K - Page 14
2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

Revised 4.13.23 Page 2 of 8

This Section does not exclude recovery of other damages specified in the Contract Documents.

Item 1K - Page 15
2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

Revised 4.13.23 Page 3 of 8

ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party.

Written notice to the Contractor shall be addressed to Contractor ’s principal place of business unless Contractor designates another address in writing for service of notice. Noti ce to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnificatio n and defense as set forth in Section 5-8 “Indemnification,” of the Special Provisions.

Contractor shall ensure that applicants are employed, and t hat 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 Agreemen t, 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, dem otion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensati on; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Item 1K - Page 16
2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

Revised 4.13.23 Page 4 of 8

Palm Springs Municipal Code Section 7.09.040, in cluding without limitat ion the provision of benefits, relating to non-discrimination in city contracting.

Item 1K - Page 17
2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

Revised 4.13.23 Page 5 of 8

 14.4 Conflicts – In the event of a co nflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.

 14.5 Costs of Compliance – Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 14.

 14.6 Not a Limitation – The requirements of this Section 14 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1K - Page 18
2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

Revised 4.13.23 Page 6 of 8

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT NAME***]

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager

Item 1K - Page 19
2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

Revised 4.13.23 Page 7 of 8

EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1K - Page 20
2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01

Revised 4.13.23 Page 8 of 8

EXHIBIT “B”

LETTER OF ASSENT

A letter of assent is to be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work.

[Contractor’s Letterhead]

CWA Administrator
City of Palm Springs
Attn: Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Re: Community Workforce Agreem ent – Letter of Assent
City Project No. XX-XX

Dear Sir/Madame:

Sincerely,

[Name of Construction Company]

By: [ ]
Name and Title of Authorized Executive

Contractor State License No.:

Business Address:

Business Phone:

Cc: San Bernardino/Riverside Counties Bu ilding and Construction Trades Council AFL-CIO

Item 1K - Page 21

PUBLIC LABOR AGREEMENT
DATED AUGUST 31, 2021
Note:

Not included in this Attachment B of the Staff Report to minimize file size.

Item 1K - Page 22

CITY COUNCIL STAFF REPORT

DATE: A PRIL 23, 2025 CONSENT CALENDAR

SUBJECT: ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $ 18,815, APPROVE AN INTERLOCAL AGREEMENT

WITH OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE

COUNTY OF RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

It is recommended that City Council accept a grant award to the City in the amount of $18,815 from the U.S. Department of Justice, Justice Assistance Grant (JAG) Program and sign an Interlocal Agreement with the cities of Beaumont, Corona, Desert Hot Springs, Hemet, Indio, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Perris, Temecula, the City of Riverside, and the County of Riverside , authorizing the County of Riverside to administer the grant on behalf of participating agencies.

RECOMMENDATION:

1) Approve the acceptance of a grant award from the United States Department of Justice in the amount of $18,815 for the 20 23 Justice Assistance Grant (JAG) Program.
2) Approve Interlocal Agreement 25G092 with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies.
3) Authorize the City Manager to execute all necessary documents.

STAFF ANALYSIS:

The United States Department of Justice awards annual JAG Program grants to law enforcement agencies. In the past , the U.S. Department of Justice awarded grants to individual law enforcement agencies. In 2012, the Department of Justice modified the grant process by awarding the entire amount allocated for County of Riverside law enforcement agencies in one disbursement.

Item 1L - Page 1
City Council Staff Report
April 23, 2025 – Page 2
Accept JAG Grant Funding

Riverside County law enforcement agencies agreed that one agency would administer the total distributed amount, and that each of the participating agencies would release ten percent (10%) of their individual awards to the administering agency for program management. The County of Riverside, through its Sheriff’s Department, has been selected as the administering agency for the 2024 JAG award. The amount awarded to the City of Palm Springs for 2024 is $18,815. Under the agreement, the City of Palm Springs would release $1,882 to the C ounty of Riverside, leaving an award balance of $16,933.

JAG funds may be used for law enforcement programs and supplies. The Police Department plans to use these grant funds to lease three Flock Safety automated license plate reader ( ALPR) camera systems for a period of two years. These cameras would integrate with existing Flock ALPR cameras installed in the City to further enhance the Department’s ability to solve and prevent violent and serious crimes including murder, kidnapping, sexual assaults, and hate crimes, in addition to the recovery of stolen vehicles and property.

FISCAL IMPACT:

No matching funds are required to accept this grant funding. There is no additional impact to the General Fund.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Scott Stiles

ATTACHMENTS:

A. Interlocal Agreement

Item 1L - Page 2
ATTACHMENT "A"
Item 1L - Page 3
Item 1L - Page 4

INTERLOCAL AGREEMENT

BETWEEN THE CITIES OF BEAUMONT, CORONA, DESERT HOT SPRINGS, HEMET, INDIO,

JURUPA VALLEY, LAKE ELSINORE , MENIFEE, MORENO VALLEY, MURRIETA, PALM

SPRINGS, PERRIS, CITY OF RIVERSIDE, TEMECULA AND

THE COUNTY OF RIVERSIDE, CA

CONCERNING DISTRIBUTION OF THE
2024 JUSTICE ASS ISTANCE GRANT AWARD
This lnterlocal Agreement ("Agreement") is made and entered into this l\lH day of Ma~ 2025, by and between THE COUNTY OF RIVERSIDE, acting by and through its governing body, the Riverside County Board of Supervisors (hereinafter referred to as "COUNTY"), and named CITIES as referenced in Appendix 1 (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the City Councils, all of whom are situated within the County of Riverside, State of California , as follows:

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the COUNTY agrees to release to CITIES their respective grant allocation from the JAG Award, less ten percent (10%) re-allocated to COUNTY , as reflected on Appendix 1, here attached and hereby incorporated by reference as part of this Agreement, on a reimbursement basis; and COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs; and additionally the COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with Justice Assistance Grant (JAG) guidelines; and
WHEREAS, the COUNTY and CITIES believe it to be in their best interests to reallocate the JAG funds.

NOW THEREFORE, the COUNTY and CITIES agree as follows:

Section 1.

COUNTY agrees to release to CITIES up to their respective grant allocation from the JAG Award, less ten percent (10%) re-allocated to COUNTY, as reflected in Appendix 1 on a reimbursement basis, from the JAG Award within forty-five (45) days upon receipt of fully documented reimbursement request, and; COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs.

Section 2.

COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines.

MOU - 2024 Justice Assistance Grant Page 11
MAR 1 1 2025 3. 2::,-
Item 1L - Page 5
Section 3.

COUNTY and CITIES agree to comply with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 0MB Circulars that apply to the 2024 Justice Assistance Grant; and 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) and specifically assures and certifies all items as written in the attached Addendum A "Riverside County Sheriffs Office Certified Standard Assurances." Section 4.

CITIES agree to provide COUNTY with sufficient, timely information within five (5) business days after receiving a written request from COUNTY to meet JAG requirements for quarterly, semi annual, and annual financial and performance reports.

Section 5.

Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law.

Section 6.

Nothing arising from this Agreement shall impose any liability for claims or actions against CITIES other than what is authorized by law.

Section 7.

Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arising from the services provided under this Agreement.

Section 8.

The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 9.

By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

MOU - 2024 Justice Assistance Grant Page 12
Item 1L - Page 6
WHEREFORE, all parties freely and voluntarily agree to all the above terms.

COUNTY OF RIVERSIDE , a political
subdivision of the State of California,
on behalf of Riverside County Sheriffs
Office
Y. A- _) / .-:;_
V. Manuel Perez
Chair, Board of Supervisors
ATTEST :

Kimberly A. Rector
Clerk of the Board of Supervisors
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
Amr~
Deputy County Counsel
MOU - 2024 Justice Assistance Grant
MAR 1 1 2025 3. 2 "'t

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Item 1L - Page 7
Appendix 1
Eligible Agencies in FY 2024 JAG Disparate Area
To Fiscal Agent Adjusted
Riverside County (Sheriffs Office) FA BJA Formula Individual (Sheriffs Office) Allocation Beaumont $12,380 ($1,238) $11,142
Corona $19,709 ($1,971) $17,738
Desert Hot Springs $15,463 ($1,546) $13,917
Hemet $24,849 ($2,485) $22,364
Indio $30,658 ($3,066) $27,592
Jurupa Valley $21,273 ($2,127) $19,146
Lake Elsinore $11,418 ($1,142) $10,276
Menifee $14,480 ($1,448) $13,032
Moreno Valley $55,216 ($5,522) $49,694
Murrieta $13,340 ($1,334) $12,006
Palm Springs $18,815 ($1,882) $16,933
Perris $18,145 ($1,815) $16,330
Riverside City $107,908 ($10,791) $97,117
Temecula $10,927 ($1,093) $9,834
Riverside County $65,473 $37,460 $102,933
Total $440,054 $440,054
% To Fiscal Agent 10%
$To FA $37,460
MOU - 2024 Justice Assistance Grant Pagel4
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WHEREFORE, all parties freely and voluntarily agree to all the above terms.

CITY OF BEAUMONT, CA
City Manager
ATTEST: