CITY OF PALM SPRINGS
Regular Meeting Agenda
MARCH 25, 2026
3:30 PM Closed Session
5:30 PM Open Session
Council Chamber
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Palmspringsca.gov
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
Naomi Soto, Mayor
David Ready, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
Ron deHarte, Councilmember
Scott Stiles, City Manager
A
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.
3:30 PM CLOSED SESSION:
CLOSED SESSION CALL TO ORDER:
PUBLIC COMMENT FOR CLOSED SESSION (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 or [email protected]. 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):
CONFERENCE WITH LEGAL COUNSEL:
The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.
CLOSED SESSION ITEM(S):
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION, PURSUANT TO GOVERNMENT CODE SECTION
54956.9(D)(4)
One (1) matter
CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT
EXPOSURE TO LITIGATION, PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(2)
Two (2) matters
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION,
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1)
Two (2) matters
Stephen Weaver v. City of Palm Springs, et al, Riv. Superior Court No.
CVPS2508986
Worker’s Compensation Claim # 17-132650, 18-138554, 20-152742, 22-163568, 23-175432 (Alvaro Canchola) (ADJ18511120,
ADJ13584513 and ADJ18511119)
CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiators:
Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Employee organization:
Palm Springs Firefighters Association
Palm Springs Fire Management Association
Public Employees Association of Palm Springs
Management Association of Palm Springs
CLOSED SESSION ADJOURNMENT:
5:30 PM REGULAR MEETING:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. VISIT GREATER PALM SPRINGS UPDATE
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.
1A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of March 11, 2026
1B. RATIFY THE NOMINATION OF THE CITY OF INDIO AND
THE CITY OF COACHELLA TO THE PALM SPRINGS
INTERNATIONAL AIRPORT COMMISSION
RECOMMENDATION:
1. Reappoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission, effective immediately, for a term ending March 31, 2029.
2. Appoint Yadira Perez, representing the City of Coachella, to the Palm Springs International Airport Commission, effective immediately, for a term ending December 31, 2026.
1C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE
ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH
FEBRUARY 28, 2026
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2026.
1D. APPROVAL OF PAYROLL & ACCOUNTS PAYABLE
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 02-14-
26 TOTALING $2,742,790.06 AND ACCOUNTS PAYABLE
WARRANTS DATED 02-12-26 TOTALING $6,000,998.72 IN THE
AGGREGATE AMOUNT OF $8,743,788.78 DRAWN ON BANK OF
AMERICA”.
1E. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE
(PS&E), AND AUTHORIZATION TO BID THE 2026
PAVEMENT REHABILITATION, CITY PROJECT NO. 26-01
(MEASURE J FUNDS)
RECOMMENDATION:
1. Approve the plans, specifications & estimate, and
authorize Staff to advertise and solicit bids for the 2026 Pavement Rehabilitation, City Project 26-01 (“the
Project”); and
2. Authorize the City Manager to execute all necessary
documents.
1F. APPROVAL OF ADMINISTRATIVE CONTRACT MEMORANDA
NOS. 4, 5, AND 6 TO THE WASTEWATER SERVICES
AGREEMENT (OPERATIONS & MAINTENANCE NO. A6804)
BETWEEN VEOLIA WATER WEST OPERATING SERVICES,
INC., A DELAWARE CORPORATION, AND THE CITY OF
PALM SPRINGS
RECOMMENDATION:
1. Approve the Administrative Contract Memoranda
authorizing the budget increases; and
2. Authorize the City Manager or their designee to execute all required documents.
1G. APPROVE CONSTRUCTION CONTRACT NO. 26B040 WITH
DESERT FIRE EXTINGUISHER CO. INC., FOR
COMPREHENSIVE FIRE SUPPRESSION SERVICES
RECOMMENDATION:
1. Approve Construction Contract No. 26B040 with Desert Fire Extinguisher Co., Inc., to provide comprehensive fire suppression services for an amount not to exceed
$975,000 beginning April 1, 2026, through March 31,
2029, 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.
1H. AUTHORIZE THE PURCHASE OF ONE (1) RAPIDVIEW
MAINLINE CCTV CAMERA TRUCK
RECOMMENDATION:
1. Approve the issuance of a purchase order to Municipal Maintenance Equipment, Inc., for the purchase of one (1) new Ford F-550 4x2 with a 16' box, equipped with a
RapidView LLC IBAK PANORAMO 4K + HD mainline CCTV
camera system, in an amount not to exceed $746,488.09,
inclusive of a 10% contingency.
2. After delivery of the new vehicle, declare the existing vehicle (Unit 435) being replaced as surplus, waive the equipment requirements of 7.07.020 (5) of the Palm
Springs Municipal Code and approve the surplus
equipment to go directly to auction as authorized by the City Manager or designee.
3. Authorize the City Manager or designee to execute all necessary documents.
1I. APPROVE AMENDMENT NO. 5 TO COOPERATIVE
PURCHASE AGREEMENT NO. 23C004 WITH TK ELEVATOR
CORPORATION FOR ELEVATOR AND ESCALATOR
MAINTENANCE AND REPAIR SERVICES FOR THE PALM
SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
1. Approve Amendment No. 5 to Cooperative Purchase
Agreement No. 23C004 with TK Elevator Corporation to
provide elevator and escalator maintenance and repair
services for the Palm Springs International Airport for an additional amount of $66,721.16 and for a revised
contract amount not to exceed $737,908.48, and extend
the term for one year through April 2, 2027.
2. Authorize the City Manager or designee to execute all necessary documents.
1J. A REQUEST BY THE OWNERS OF TWO HISTORIC
PROPERTIES FOR APPROVAL OF MILLS ACT HISTORIC
PROPERTY PRESERVATION AGREEMENTS, INCLUDING
ONE UNIT WITHIN THE COUNTRY CLUB ESTATES
HISTORIC DISTRICT (HSPB # 145 / HD-9) AT 1995
SOUTH CAMINO REAL AND 2455 SOUTHRIDGE DRIVE
(HSPB #162)
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation
Agreement between the City of Palm Springs and the
owners of the following list of properties:
a. 1995 Camino Real (Country Club Estates), APN:
511-150-015.
b. 2455 Southridge Drive, APN: 510-260-024.
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
1K. APPROVE AND AUTHORIZE SUBMITTAL OF CALIFORNIA
OFFICE OF EMERGENCY MANAGEMENT FORM 130
DESIGNATING PERSONNEL TO ACT AS THE AGENT FOR
THE CITY WHEN SEEKING FINANCIAL ASSISTANCE AFTER
A DISASTER
RECOMMENDATION:
1. Approve CalOES Form 130 Disaster Designees as the City Manager, Fire Chief, and Director of Finance and Treasury.
2. Direct the City Clerk to certify the CalOES Form 130.
3. Direct the Emergency Management Coordinator to
transmit CalOES Form 130 to the California Office of
Emergency Services.
2. PUBLIC HEARINGS:
2A. APPLICATION BY LUCIEN WOLFF FOR HISTORIC SITE
DESIGNATION OF “THE EDMUND GOULDING RESIDENCE”
LOCATED AT 1752 RIDGE ROAD, (APN 513-352-002)
CASE: HSPB #171 (SY)
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING THE EDMUND
GOULDING RESIDENCE LOCATED AT 1752 RIDGE ROAD,
AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB
#171, SUBJECT TO CONDITIONS (APN 513-352-002)”.
3. BUSINESS & LEGISLATIVE:
3A. REVIEW OF PRESCOTT PRESERVE FIRE
RECOMMENDATION:
Receive and file.
3B. INTRODUCTION OF ORDINANCE AMENDING SECTION
11.82.130(J)(1) OF THE PALM SPRINGS MUNICIPAL CODE
REGARDING VEHICLE STORAGE FACILITIES FOR NON-
CONSENSUAL TOWS
RECOMMENDATION:
Introduce Ordinance amending Section 11.82.130(j)(1) of the Palm Springs Municipal Code regarding vehicle storage facilities for non-consensual tows, and schedule the Ordinance for adoption at a subsequent meeting.
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.
A. TENTATIVE UPCOMING MEETING SCHEDULE
ADJOURNMENT:
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 PM, on March 18, 2026, and posted on the City’s website as required by established policies and procedures.
Brenda Pree, MMC, CERA
City Clerk
PUBLIC NOTICE
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.
(DRAFT MEETING MINUTES)
March 11, 2026
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 Soto on March 11, 2026, at 5:49 PM.
PLEDGE OF ALLEGIANCE:
Andre Bravo, student, led the City Council in the Pledge of Allegiance.
ROLL CALL:
Present: Councilmember Jeffrey Bernstein, Councilmember Ron deHarte, Councilmember Grace Garner, Mayor Naomi Soto, Mayor Pro Tem David Ready
Absent: None
City Staff
Present:
Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Assistant City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Michael Torres, Police Lieutenant; 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. LEADERSHIP COACHELLA VALLEY PROGRAM UPDATE
PROCLAMATIONS:
Mayor Soto announced the issuance of the following proclamation(s):
March 2 nd was proclaimed as QVC Day.
March 10 th was proclaimed as Michael Childers Day.
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ACCEPTANCE OF THE AGENDA:
Motion by Councilmember Garner, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
Accept the Agenda with the removal of Consent Calendar Item Nos. 1M, 1R, 1S, and 1T for separate discussion, with Consent Calendar Item No. 1L tabled.
AYES: Councilmember Bernstein, Councilmember deHarte, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
NAYS: None
ABSTAIN: None
RECUSED: None
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of March 11, 2026, was called to order by Mayor Soto at 3:32 PM.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CLOSED SESSION ITEM(S):
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there was one (1) matter.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):
Under existing facts and circumstances, there were two (2) matters.
Palm Springs Promenade, LLC v City of Palm Springs, American Arbitration Association Case No. 01-23-0002-5716
Ozzy Duran v. City of Palm Springs, Riv. Sup. Ct. Case No. CVPS2509011 CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to
Government Code Section 54956.8:
Property: 165 N. Indian Canyon Drive, Palm Springs
(APN: 513-092-009)
149 N. Indian Canyon Drive, Palm Springs
(APN: 513-092-003)
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City Negotiator:
Negotiating parties:
Under negotiation:
146 N. Palm Canyon Drive, Palm Springs (APN:
513-092-010)
Scott Stiles, City Manager, and
Jeff Ballinger, City Attorney
Michael Braun, Town & Country Center, LLC
Price and Terms
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6:
City Negotiators: Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Employee organization: Palm Springs Firefighters Association Palm Springs Fire Management Association
Public Employees Association of Palm Springs
Management Association of Palm Springs
Councilmember Bernstein recused from the Palm Springs Promenade closed session item.
PUBLIC TESTIMONY (Non-Public Hearing Agenda Items Only):
Michael Pitkin, Matthew Bousquette, and Rosario Avila provided oral testimony.
1. CONSENT CALENDAR:
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Approve the Consent Calendar with the removal of Item Nos. 1M, 1R, 1S, and 1T for separate discussion, with Item No. 1L tabled. 1A. APPROVAL OF MINUTES
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Approve the City Council Meeting Minutes of February 25, 2026.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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1B. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE WARRANTS,
CLAIMS AND DEMANDS
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25379 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-31-26
TOTALING $2,743,033.38 AND ACCOUNTS PAYABLE WARRANTS DATED 01-26-26, 01-29-26, AND 02-02-26 TOTALING $8,287,112.84, IN THE AGGREGATE AMOUNT OF $11,030,146.22 DRAWN ON BANK OF AMERICA”.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1C. ADOPT A RESOLUTION TERMINATING THE JOINT EXERCISE
POWERS AGREEMENT WHICH ESTABLISHED THE EASTERN
RIVERSIDE COUNTY INTEROPERABLE COMMUNICATIONS
AUTHORITY (ERICA)
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25380 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TERMINATING THE JOINT EXERCISE POWERS AGREEMENT
WHICH ESTABLISHED THE EASTERN RIVERSIDE COUNTY INTEROPERABLE AUTHORITY."
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1D. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25381 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
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CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050
APPROVED BY VOTERS BY MEASURE “G”.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1E. APPROVAL OF PARCEL MAP 39219 TO SUBDIVIDE PROPERTY BY
THE CITY OF PALM SPRINGS
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25382 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 39219 TO SUBDIVIDE CITY- OWNED PROPERTY LOCATED AT APN 680-020-036, GENE AUTRY TRAIL (1400-1500 BLOCK), IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1F. APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT NO. 24B101 WITH TIMBERLINE GSE, INC. TO
PURCHASE FOUR SWITCHBACK PASSENGER BOARDING RAMPS
FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve Amendment No. 2 to Contract Services Agreement No. 24B101 with Timberline GSE, Inc. to purchase four switchback passenger boarding ramps, including two years of warranty and maintenance services, for the Palm Springs International Airport for an additional amount of $278,000 for a revised contract amount not to exceed $556,000, and extend the contract term for two years, June 17, 2024, through June 16, 2028.
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2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1G. APPROVAL OF A RESOLUTION TO ACCEPT PETITION
CERTIFICATION OF OLD LAS PALMAS UNDERGROUND UTILITY
ASSESSMENT DISTRICT NO. 2, INITIATE FORMATION OF THE
DISTRICT AND PROCEED WITH ASSESSMENT ENGINEER’S REPORT
AND BALLOTING
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding).
2. Adopt Resolution No. 25383 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING PETITION OF OLD LAS PALMAS ASSESSMENT DISTRICT NO. 2”.
3. Authorize staff to collect deposits from the Old Las Palmas Neighborhood in an amount sufficient to order the necessary Assessment Engineering Services from our on-call Assessment Engineer to prepare the Engineer’s Report in compliance with Proposition 218.
4. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1H. APPROVAL OF AMENDMENT NO. 5 IN THE AMOUNT OF $280,000 TO CONTRACT SERVICES AGREEMENT NO. A8865 WITH ST.
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FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL
MAINTENANCE SERVICES FOR THE REMAINDER OF FISCAL YEAR
2025-2026
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve Amendment No. 5 to Contract Services Agreement No. 8865 with St. Francis Electric, LLC, increasing the maximum annual contract amount by $280,000 for Traffic Signal Maintenance Services for Fiscal Year 2025-2026;
2. Appropriate $280,000 from the Measure A Traffic Safety Project balance; and
3. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1I. APPROVE AMENDMENT NO. 2 TO THE LEASE WITH MIZELL CENTER, LOCATED AT 480 SOUTH SUNRISE WAY, TO EXTEND LEASE AN
ADDITIONAL TWENTY (20) YEARS
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve Amendment No. 2 to the Lease with Mizell Center to extend the term an additional twenty years.
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1J. APPROVE AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING
AND LEASE AGREEMENT NO. 25L083 WITH ALCLEAR, LLC DBA
CLEAR, TO ADJUST COMMERCIAL ACTIVITY FEE BASED UPON CPI, INCLUDE 10% COMMISSION ON MEET AND ASSIST FEE, AND TO
INCREASE THE MINIMUM ANNUAL GUARANTEE TO $131,000 FOR
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BIOMETRIC PASSENGER SCREENING SERVICES AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve Amendment No. 1 to a Non-Exclusive Operating and Lease Agreement No. 25L083 with Alclear, LLC dba CLEAR to adjust Commercial Activity Fee based upon CPI, include 10% commission on Meet and Assist Fee, and increase the Minimum Annual Guarantee (MAG) for biometric screening services at the Palm Springs International Airport (Airport/PSP).
2. Authorize the City Manager or designee to execute all necessary documents subject to such changes/revisions agreeable to the City Manager and City Attorney.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1K. APPROVE AMENDMENT NO. 2 TO LICENSE AGREEMENT A9460
WITH MOBILEMONEY, INC. TO EXTEND THE TERM THROUGH
DECEMBER 31, 2026 FOR AUTOMATED TELLER MACHINE (ATM)
SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve retroactively Amendment No. 2 to License Agreement No.
A9460 with MobileMoney, Inc. to extend the term through December 31, 2026, for automated teller machine (ATM) services at the Palm Springs International Airport.
2. Authorize the City Manager or designee to execute all necessary documents subject to such changes/revisions agreeable to the City Manager and City Attorney.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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1L. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 26Q021 WITH
DALEY STRATEGIES, LLC FOR CITY ADMINISTRATION STRATEGIC
COMMUNICATIONS SERVICES AND PROFESSIONAL SERVICES
AGREEMENT NO. 26Q022 FOR STRATEGIC COMMUNICATIONS FOR
PALM SPRINGS CONVENTION CENTER RENOVATION AND
EXPANSION PROJECT
Item No. 1L was tabled.
1M. APPROVE AMENDMENT NO. 4 TO CONTRACT SERVICE AGREEMENT NO. A9145 WITH MOHAWK COMMERCIAL, INC., FOR SYSTEMWIDE
FLOORING AND INSTALLATION SERVICES
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve Amendment No. 4 to Agreement No. A9145 (Attachment A) with Mohawk Commercial, Inc, to provide systemwide flooring and installation services for the Public Works Department for an additional amount of $445,000 and for a total revised contract amount not to exceed $995,000, and extending the term through June 14, 2027; and
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1N. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS LLC, FOR
CONSTRUCTION MANAGEMENT SERVICES, PUBLIC OUTREACH,
INSPECTION AND MATERIALS TESTING SERVICES IN THE AMOUNT OF $5,933,034.52 AND APPROVAL OF THE CALTRANS FUNDING
COMMITMENT LETTER FOR THE RAMON ROAD WIDENING (FROM
SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE
WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08-
25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve a Professional Services Agreement with Accenture Infrastructure and Capital Projects LLC, in the amount of
A – Page 19 of 593
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City of Palm Springs (DRAFT) Page 10
$5,933,034.52 for construction management, inspection, public outreach, and materials testing services;
2. Authorize the City Manager to execute the Local Agency AC Commitment Block of the Caltrans Funding Commitment Letter regarding the cash management policy for projects over $35 Million; and
3. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1O. SECOND READING AND ADOPTION OF ORDINANCE NO. 2127 OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION
12.28.055 TO THE PALM SPRINGS MUNICIPAL CODE REGULATING
VEHICLE COMMERCIAL ACTIVITY IN THE PUBLIC RIGHT-OF-WAY
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance No. 2127, “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12.28.055 TO THE PALM SPRINGS MUNICIPAL CODE
REGULATING VEHICLE COMMERCIAL ACTIVITY IN THE PUBLIC RIGHT-OF-
WAY TO PROMOTE TRAFFIC AND PEDESTRIAN SAFETY AND PROTECT RESIDENTIAL PARKING.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1P. APPROVAL OF THE FISCAL YEAR 2026/2027 CSA 152 SPECIAL
ASSESSMENT RATE
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25384 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL
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City of Palm Springs (DRAFT) Page 11
YEAR 2026/2027 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1Q. APPROVAL OF TWO GRANTS OF EASEMENT TO SPECTRUM PACIFIC WEST LLC ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 305 NORTH CIVIC DRIVE (APN: 502-100-026 AND 502-100-028,
AIRPORT PROPERTY)
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve an Agreement with Spectrum Pacific West LLC granting an easement to install underground communication facilities across a portion of City-owned property, leased to Enterprise, and identified by Assessor’s Parcel Number 502-100-026.
2. Approve an Agreement with Spectrum Pacific West LLC granting an easement to install underground communication facilities across a portion of City-owned property, leased to Enterprise, and identified by Assessor’s Parcel Number 502-100-028.
3. Authorize the City Manager or designated staff to execute all documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1R. RATIFICATION OF CONSTRUCTION AGREEMENT 25B480 OF AN
EMERGENCY CONSTRUCTION CONTRACT IN THE AMOUNT OF
$1,103,944 TO SCHINDLER ELEVATOR CORPORATION FOR
AIRPORT PROJECT PSP 26-10, REMOVAL AND REPLACEMENT OF
ESCALATORS
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
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City of Palm Springs (DRAFT) Page 12
1. Ratify Construction Agreement 25B480 for Airport Project PSP 26- 10, for the Removal and Replacement of Escalators, (“the Project”).
2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $110,394 with all change orders reported to the City Council.
3. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1S. APPROVE THE FUNDING OF TWO CAPITAL IMPROVEMENT
PROJECTS FROM MEASURE J FUNDS FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve the funding of two capital improvement projects from Measure J funds in an amount not to exceed $1,500,000 for the Palm Springs International Airport.
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1T. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 26P019
WITH CHANDLER ASSET MANAGEMENT, INC., FOR NON-
DISCRETIONARY PORTFOLIO ADVISORY SERVICES
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to:
1. Approve Professional Services Agreement No. 26P019 with Chandler Asset Management, Inc. for Non-Discretionary Portfolio Advisory Services in an amount not to exceed $514,200 for the initial three
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City of Palm Springs (DRAFT) Page 13
(3) years, with two (2) one-year options to extend at the City’s discretion;
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2. PUBLIC HEARINGS:
2A. AN APPLICATION BY CITY OF PALM SPRINGS FOR HISTORIC SITE DESIGNATION OF “THE HAL FORREST RESIDENCE” LOCATED AT
608 SOUTH INDIAN TRAIL (APN 508-152-001), CASE HSPB #175 Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25385 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING THE HAL FORREST
RESIDENCE, LOCATED AT 608 SOUTH INDIAN TRAIL, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #175, SUBJECT TO
CONDITIONS (APN 508-152-001).”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2B. COMMUNITY DEVELOPMENT BLOCK GRANT 2026–2027 ANNUAL
ACTION PLAN AND BUDGET PUBLIC HEARING
Michael Pitkin provided public hearing testimony.
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Open the Public Hearing for testimony.
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2. Review the draft 2026-2027 CDBG Budget and Annual Action Plan and provide direction to staff.
3. Schedule a Public Hearing for April 22, 2026, to consider for approval and adoption of the 2026-2027 CDBG Budget and Annual Action Plan.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3. BUSINESS & LEGISLATIVE:
3A. INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS
5.27.050(D) AND 5.27.040(D), (E) AND (F) OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE CITY’S HOTEL INCENTIVE
PROGRAM
Motion by Mayor Pro Tem Ready, Second by Councilmember
deHarte, CARRIED 5 – 0, to: Waive the full reading of the ordinance text in its entirety and read by title only; and introduce for first reading Ordinance No. 2128 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS
5.27.050(D) AND 5.27.040(D), (E), AND (F) OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE CITY’S HOTEL OPERATIONS
INCENTIVE PROGRAM”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3B. APPROVE THE REQUEST FOR FINANCIAL ASSISTANCE AND
FUNDING COMMITMENT IN THE AMOUNT OF $3,000,000 FOR
DEVELOPMENT AND CONSTRUCTION OF A 72-UNIT AFFORDABLE
SENIOR HOUSING PROJECT LOCATED AT 1555 E. ALEJO ROAD IN
THE CITY OF PALM SPRINGS
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to:
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City of Palm Springs (DRAFT) Page 15
1. Approve a funding commitment in the amount of Three Million Dollars ($3,000,000) to Wakeland Housing and Development Corporation to provide permanent financing for the development of a 100 percent affordable housing community located at 1555 East Alejo Road in the City of Palm Springs.
2. Authorize the City Manager to execute the Funding Commitment Letter and other necessary documents to facilitate the funding commitment.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3C. AMENDMENT TO SETTLEMENT/DEVELOPMENT AGREEMENT BY
AND BETWEEN CITY OF PALM SPRINGS AND SELENE PALM
SPRINGS, LLC
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve the First Amendment to the 2023 Dream Hotel Settlement and Development Agreement with Selene, Inc.; and,
2. Authorize the City Manager and City Attorney to make any non- substantive changes as needed and to execute the Amendment.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3D. ORCHID TREE HOTEL PROJECT COVENANT AGREEMENT
MILESTONE UPDATE
Received and filed.
PUBLIC COMMENT (Non-Agenda Items):
Michael Pitkin and Rosario Avila provided oral testimony.
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CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
A. TENTATIVE UPCOMING MEETING SCHEDULE
City Manager Stiles and the City Council discussed the tentative meeting schedule and agenda items for upcoming meetings.
ADJOURNMENT:
The City Council adjourned the Regular Meeting of March 11, 2026, at 8:41 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
A – Page 26 of 593
CITY COUNCIL STAFF REPORT
DATE: March 25, 2026 CONSENT CALENDAR
SUBJECT: RATIFY THE NOMINATION OF THE CITY OF INDIO AND THE CITY OF
COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION
FROM: Scott C. Stiles, City Manager
BY: City Clerk
RECOMMENDATION:
1. Reappoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission, effective immediately, for a term ending March 31, 2029.
2. Appoint Yadira Perez, representing the City of Coachella, to the Palm Springs International Airport Commission, effective immediately, for a term ending December 31, 2026.
BACKGROUND:
The Airport Commission consists of nineteen members; the members are appointed in the following manner:
Ten members are appointed in accordance with Section 2.04.060 of the Palm Springs Municipal Code.
Nine members are each appointed by the Palm Springs City Council from candidates nominated by each of the city councils of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, and Rancho Mirage, and the Board of Supervisors of Riverside County.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
B – Page 27 of 593
City Council Staff Report
March 25, 2026 -- Page 2
Ratify Nominations to Palm Springs International Airport Commission ATTACHMENTS:
A. Airport Commission Roster
B. City of Indio Appointment Letter
C. City of Coachella Appointment Letter
B – Page 28 of 593
ATTACHMENT A
(Airport Commission Roster)
B – Page 29 of 593
Member – District Original Appointment Expires
Geoffrey Kiehl– City of La Quinta July 9, 2024 June 30, 2027 Keith Young – City of Rancho Mirage March 2, 2023 July 1, 2027 Christian Samlaska – City of Cathedral City July 9, 2024 June 30, 2027 Kevin Wiseman – City of Palm Desert Jan. 13, 2022 June 30, 2028 Dirk Voss – City of Desert Hot Springs Jan. 21, 2025 January 21, 2027 Denise Delgado – City of Coachella Jan. 25, 2023 December 31, 2025 Rick Wise – City of Indio April 1, 2023 April 1, 2026
Margaret Park – County of Riverside July 01, 2023 June 30, 2026 Phil Valdez – City of Indian Wells July 9, 2025 June 30, 2027 Kevin Corcoran* – 5 Dec. 19, 2018 June 30, 2027
Todd Burke* – 4 June 19, 2019 June 30, 2026
Tracy Martin – 1 May 25, 2023 June 30, 2026
Daniel Caldwell – 5 May 25, 2023 June 30, 2026
J Craig Fong – Outside PS May 25, 2023 June 30, 2026
Samantha McDermott – 2 June 13, 2024 June 30, 2028
Robert (Ken) Hedrick – 5 June 13, 2024 June 30, 2027
Bryan Ebensteiner – 2 June 13, 2024 June 30, 2027
Timothy Schoeffler – 3 June 11, 2025 June 30, 2028
VACANT June 30, 2026
B – Page 30 of 593
ATTACHMENT B
(City of Indio Appointment Letter)
B – Page 31 of 593
100 Civic Center Drive, Indio, CA 92201
@cityofindio 760-391-4026 Indio.org
January 22, 2026
Brenda Pree
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
RE: Nomination of representative for the Palm Springs International Airport Commission
Dear Brenda,
The Indio City Council at its meeting of January 21, 2026, approved the nomination of Rick Wise to serve as the representative for Indio on the Palm Springs International Airport Commission. The term will commence March 1, 2026 and will expire March 31, 2029, per the Palm Springs Municipal Code Section 2.06.010(a).
Attached is a copy of his application.
Feel free to reach out if you have any questions, 760-391-4006 or [email protected].
Respectfully,
CITY OF INDIO
Sabdi Sanchez, MMC
Director of City Clerk Services
Cc: City Clerk’s Office [email protected]
Harry Barrett, Executive Director [email protected]
B – Page 32 of 593
ATTACHMENT C
(City of Coachella Appointment Letter)
B – Page 33 of 593
March 12, 2026
Delivered via email to: [email protected]
Cassandra Edney
Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: City of Coachella’s Representative on the Palm Springs International Airport Commission
Dear Ms. Edney:
This letter is a formal notice of action by the City Council of the City of Coachella on March 11, 2026.
The City Council approved the appointment of Councilmember Yadira Perez to serve on the Palm Springs International Airport Commission as the member representing the City of Coachella for a term ending December 2026. Her contact information is as follows:
Yadira Perez [email protected] (760) 296-7543
If you have any questions, please feel free to reach out to the City Clerk at [email protected] or (760) 398-3502, extension 102.
Regards,
_____________________
Angela Zepeda
City Clerk
B – Page 34 of 593
CITY COUNCIL STAFF REPORT
DATE: March 25, 2026 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2026
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2026.
STAFF ANALYSIS:
The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are approved by the City Manager, or such other delegated authority, pursuant to the signature authority. Palm Springs Municipal Code §7.01.04(8) requires a monthly report to be submitted to the City Manager.
These records do not indicate the issuance of payments, but the approval of agreements and purchase orders. The original contract documents are on file in the Office of the City Clerk, and purchase orders are on file in the Procurement and Contracting Department.
REVIEWED BY:
Procurement and Contracting Manager: Tabitha Richards
City Manager: Scott Stiles
ATTACHMENTS:
A. City Manager or designee authorized agreements for February 2026 B. Purchase orders for February 2026
C – Page 35 of 593
ATTACHMENT A
Contracts
February 2026
C – Page 36 of 593
STAFF AUTHORIZED AGREEMENTS FEBRUARY 1, 2026 - FEBRUARY 28, 2026 DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL
AVIATION DEPARTMENT 26B027 ELECTRIC VEHICLE CHARGER INSTALLATION GA TECHNICAL SERVICES $ 57,311.00 COMMUNICATIONS 26G032 PANEL DISCUSSION CALIFORNIA ASSOCIATION OF PUBLIC INFORMATION OFFICIALS $ 1.00
ECONOMIC
DEVELOPMENT 26I028 FTZ LEGAL CONSULTING SERVICES GRUNFELD, DESIDERIO, LEBOWITZ, SILVERMAN & KLESTADT, LLP $ 10,500.00
ECONOMIC
DEVELOPMENT 26F030 ECONOMIC DEVELOPMENT GRANT QVC, INC. $ 10,000.00
ECONOMIC
DEVELOPMENT 26F033 FAÇADE IMPROVEMENT GRANT 888 N INDIAN CANYON, LLC $ 7,500.00 FINANCE DEPARTMENT 26I029 COST ALLOCATION PLAN SERVICES WILLDAN FINANCIAL SERVICES $ 7,500.00 INFO TECHNOLOGY 26C026 PURCHASE OF MADISON AI SOFTWARE MADISON AI, INC $ 30,000.00 INFO TECHNOLOGY 26C034 VIDEO MANAGER EL CLOUD SOFTWARE FOR PSPD MOTOROLA SOLUTIONS, INC $ 112,412.00 POLICE DEPARTMENT 26I031 PHOTOGRAPHY SERVICES FOR POLICE DEPARTMENT LANI DBA I WANT TO SEE PRODUCTIONS $ 1,300.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
26C018 PURCHASE OF PAINT AND RELATED SUPPLIES THE SHERWIN-WILLIAMS COMPANY $ 150,000.00 Page1 of 1
C – Page 37 of 593
ATTACHMENT B
Purchase Orders
February 2026
C – Page 38 of 593
PURCHASE ORDERS
FEBRUARY 1, 2026 - FEBRUARY 28, 2026
DEPARTMENT PO # CONTRACT# PO DESCRIPTION PO TOTAL
25001367 25S032 25S032: ESRI ENTERPRISE SUBSCRIPTION 48,600.00 26001067 CITY ADOBE RENEWAL 27,622.76
26001127 24B204 PAVILION NETWORK INFRASTRUCTURE 64,978.38 26001129 A9194 PSP MICRO DESKTOPS FOR COMMON USE 24,334.68 26001131 LASERJET PRO PRINTER FOR PSP CHILLER ROOM 401.03 26001179 24B204 WI-FI FOR MARILYN MONROE STATUE 3,196.07 26001185 STACKING KIT FOR CISCO 9300L FOR RECREATION 4,233.96 26001188 24B204 PSP BONO MONITOR CABLING 6,899.77
26001192 GENETEC WEBINAR TRAINING FOR 2 IT TECHS 4,445.64 26001223 CISCO WIRELESS ACCESS POINTS 35,939.60
25001574 23B123 RECOMMENDED SPECIES LIST AND TREE TECHNICAL MANUAL
21,600.00
26001128 23I178 DIAMOND ENVIRONMENTAL SERVICES FOR
SHREDDING EVENT
170.00
26001130 TWO-WAY RADIOS 3,296.07
26001180 CHAIRS FOR DOG PARK & GAFFERS TAPE 4,825.49
26001181 PRINTER RIBBON AND CARDS 399.83
26001190 IMPELLORS FOR POOL PUMPS 3,305.95
26001191 VILLAGEFEST STAFF & VOLUNTEERS T-SHIRTS 1,311.96 26001204 24B223 24B223: PORTABLE RESTROOM FOR BLACK HISTORY
FESTIVAL
333.26
26001211 A9296 TOW SOUNDSTAGE ON BOTH 3-5 AND 3-21
VILLAGEFEST
2,173.56
26001218 WORLD ART DAY FESTIVAL T-SHIRTS 1,784.81
26001221 25I003 25I003: DIGITAL ADVERTISING PLATFORM FOR
VILLAGEFEST
3,800.00
26001133 RFID SECURITY TAGS 4,188.65
26001189 SIT STAND DESK CONVERTER 226.14
26001137 26I012 26I012; DIGITAL RECRUITMENT STRATEGY 6,000.00 26001167 NITRILE GLOVES FOR PATROL AND CSI 2,184.48
26001195 HELMET FOR PSPD MOTORCYCLE 1,987.01
26001197 PPE TURNOUT GEAR 45,197.82
26001219 PPE FOR NEW HIRE FIREFIGHTERS 6,049.47
BUILDING & SAFETY 26001152 STAFF UNIFORMS - BUILDING & SAFETY 4,703.21 25000718 A8877 A8877: CP 18-06 ARCHITECTURAL DESIGN VICTORIA PAR
K
35,200.00
26001160 24Q222 24Q222: SUNNY DUNES RD. PARKING LAYOUT 33,286.00 26001162 23P041 23P041: CP 21-16, CWA SERVICES 24,200.00 26001208 24Q195 24Q195: TWIN PALMS TRAFFIC CALMING STUDY 16,800.00 VENDOR
INFO TECHNOLOGY ENVIRONMENTAL SYSTEMS RESEARCH IT1 SOURCE LLC
DATASTREAM TECHNOLOGY CONSULTING
DELL MARKETING LP
CDW GOVERNMENT INC
DATASTREAM TECHNOLOGY CONSULTING
INSIGHT PUBLIC SECTOR INC
DATASTREAM TECHNOLOGY CONSULTING
INSIGHT PUBLIC SECTOR INC
BIRD ROCK SYSTEMS INC
LIBRARY LYNGSOE SYSTEMS INC
VARIDESK LLC
POLICE DEPARTMENT BGF LLC
PALMFLEX INC
PVP COMMUNICATIONS
SUSTAINABILITY WEST COAST ARBORISTS INC
DIAMOND ENVIRONMENTAL SERVICES LP
RECREATION
DEPARTMENT
DISCOUNT TWO-WAY RADIO CORP
ULINE
PLASCO LLC
WATERLINE TECHNOLOGIES INC
WINDMILL CITY INC
DIAMOND ENVIRONMENTAL SERVICES LP
PLAZA TOWING INC
WINDMILL CITY INC
PRINCESS KARINE INC
FIRE DEPARTMENT ALLSTAR FIRE EQUIPMENT INC
ALLSTAR FIRE EQUIPMENT INC
DESERT PROMOTIONAL EMBROIDERY LLC
ENGINEERING - PUBLIC
WORKS
MARKS ARCHITECTS
ALBERT A WEBB ASSOCIATES
TSG ENTERPRISES, INC.
KIMLEY HORN AND ASSOCIATES INC
C – Page 39 of 593
PURCHASE ORDERS
FEBRUARY 1, 2026 - FEBRUARY 28, 2026
DEPARTMENT PO # CONTRACT# PO DESCRIPTION PO TOTAL VENDOR 24000946 23I320 23I320: PSP WEBSITE MAINT & HOSTING 137,592.00 25001489 PSP PRODUCT PURCHASE OF CONCRETE FURNITURE 49,983.34 26001118 25B157 PSP DELAYED EGRESS BAR AGUA CALIENTE TERMINAL 5,619.72 26001169 25B157 PSP LOADING BRIDGE 11 CIPHER LOCK 2,497.52 26001170 25C405 PSP RENTAL OF DUMP TRUCK 3,174.58
26001171 25C405 PSP RENTAL OF FRONT LOADER TRACTOR 2,646.26 26001205 A9276 PSP REPAIR TWO RADIOS 50.00
26001206 25B157 PSP INSTALL KEYPAD LOCK FOR ANNEX ROOM 1,417.04 26001217 26B027 26B027; PSP INSTALLATION OF EV CHARGERS 57,311.00 26000547 A9069 A9069; PAVILION CHILLER REPAIRS 15,000.00 26001124 25B216 25B216; CITY HALL ANNEX SYSTEM FLUSH 16,919.00 26001125 25B216 25B216; POLICE DEPARTMENT DRONE ROOM MINI SPLIT
20,799.00
26001126 25B217 25B217; COGEN CONDENSER EPOXIED 66,826.50 26001135 BARISTO PARKING STRUCTURE LIGHTING SUPPLIES 5,580.60 26001136 24B083 24B083; PAVING IMPROVEMENTS ALEJO PARKING LO
T
93,816.00
26001138 24B291 24B291; SERVICING FIRE STATION #2 DOORS 1,734.00 26001141 25B045 25B045; FENCE REPAIRS AT JAMES O. JESSIE DHUC 4,550.00 26001143 25B216 25B216; HEAT PUMP REPLACEMENT STATION 1 IREN 14,406.00 26001144 24B387 24B387; LIGHTING UPGRADE FOR STATION 1 16,896.50 26001145 25B216 25B216; POLICE DEPARTMENT DRONE ROOM MINI SPLIT
20,799.00
26001146 25B216 25B216; CITY HALL ANNEX SYSTEM FLUSH 16,919.00 26001147 25B217 25B217; COGEN CONDENSER EPOXIED 66,826.50 26001150 25B216 25B216;PAVILION HEAT PUMPS FOR FRONT OFFICE & LOBB
25,396.00
26001157 25I260 25I260; PS CITY HALL ANNEX BUILDING LETTERS 10,657.50 26001159 A6672 A6672; OPERATION AND MAINTENANCE - WWTP
SOLAR INSP
4,807.00
26001163 MATERIALS TO REPLACE HOT WATER HEATER AT
CVEP
7,905.63
26001165 MATERIALS FOR THE SWAMP COOLER AT ANGEL
STADIUM
571.79
AVIATION DEPARTMENT AVIATRIX COMMUNICATIONS
DOTY AND SONS CONCRETE PRODUCTS INC
VALLEY LOCK AND SAFE
VALLEY LOCK AND SAFE
SUNBELT RENTALS INC
SUNBELT RENTALS INC
AIRWAVE COMMUNICATIONS ENTERPRISES
VALLEY LOCK AND SAFE
GA TECHNICAL SERVICES INC
TESLA ENERGY OPERATIONS INC
HAJOCA CORPORATION
HAJOCA CORPORATION
FACILITIES
MAINTENANCE
ALLISON MECHANICAL INC
RIVCO MECHANICAL SERVICES INC
RIVCO MECHANICAL SERVICES INC
EMD CONSTRUCTION INC
DESERT ELECTRIC SUPPLY
HARDY AND HARPER INC
GMAT INC
QUALITY FENCE CO INC
RIVCO MECHANICAL SERVICES INC
AARON HAN
RIVCO MECHANICAL SERVICES INC
RIVCO MECHANICAL SERVICES INC
EMD CONSTRUCTION INC
RIVCO MECHANICAL SERVICES INC
MKW PRINTING
C – Page 40 of 593
PURCHASE ORDERS
FEBRUARY 1, 2026 - FEBRUARY 28, 2026
DEPARTMENT PO # CONTRACT# PO DESCRIPTION PO TOTAL VENDOR 26001175 MATERIALS FOR LEISURE CENTER CHILLER FLOW
SWITCH
296.90
26001176 MATERIALS FOR THE ICE MAKER AT DEMUTH CENTER 1,682.55 26001178 PURCHASE OF A DAMPER MOTOR FOR PAVILION 1,836.42 26001186 24B292 24B292; REPLACEMENT MOTOR FOR SALLY PORT
GATE PSPD
3,050.00
26001187 24B186 24B186; REPAIR PS POLICE DEPARTMENT DOOR 1,321.12 26001193 MATERIALS FOR PM HVAC AT FIRE STATION NO. 2 129.70 26001199 24B387 24B387; INSTALL NEW 100AMP PANEL AT PD
DISPATCH
9,750.00
26001210 A9190 A9190; TOWING SERVICES FOR THE FIRE
DEPARTMENT
1,890.00
26001213 23B046 23B 046; REPAIR DAMAGED SYSTEM AT BELARDO
PARKING
1,615.06
26001214 23B046 23B046; LEAK DETECTION AT THE NAVIGATION CENTER
3,751.75
26001215 25C048 25C048; GENERATOR RENTALS FOR THE CITY YARD & ANNE
7,990.46
26001216 A9065 A9065; REKEYING AND HARDWARE SWAP OLD
CVEP/PAVILIO
3,514.29
26000610 A9265-B A9265-B; ENGINE WORK FOR UNIT 204 (OSHKOSH) 85,603.66 26001123 23S060 23S060; SERVICE WORK ON UNITS 094-19 & 098-19 3,031.92 26001139 25S039 25S039; SERVICE WORK FOR UNIT 218 1,016.72 26001140 23S060 23S060; SERVICE WORK FOR UNITS 094-19 & 098-19 4,681.37 26001154 23C116 23C116; RADIO INSTALLATION ON FIRE ENGINES 10 & 11 61,464.32
26001173 23S060 23S060; SERVICE WORK ON UNIT 097-24 1,309.32 26001174 23B104 23B104; EMERGENCY VEHICLE OUTFITTING UNIT 191 6,136.67 26001182 23B104 23B104; EMERGENCY VEHICLE OUTFITTING FOR UNIT 169
26,449.93
26001201 25C048 25C048; EQUIPMENT RENTAL BUCKET TRUCK 2,010.20 26001209 23B104 23B104; EMERGENCY VEHICLE OUTFITTING UNIT 187 6,228.72 26001212 23S060 23S060; SERVICE WORK ON UNIT 095 1,935.22 26001220 PURCHASE OF FORD MAVERICK HYBRID 32,000.00
ALLIED REFRIGERATION INC
ALLIED REFRIGERATION INC
MOHICA TOWING
DESERT FIRE EXTINGUISHER CO INC
DESERT FIRE EXTINGUISHER CO INC
UNITED RENTALS
VALLEY LOCK AND SAFE
ALLIED REFRIGERATION INC
PRECISION GARAGE DOORS AND GATES INC
MAURO P GARCIA
ALLIED REFRIGERATION INC
AARON HAN
FLEET OPERATIONS SVT FLEET LLC
JORDAN FREEMAN
RENEWELL FLEET SERVICE LLC
JORDAN FREEMAN
AIRWAVE COMMUNICATIONS ENTERPRISES
INC
JORDAN FREEMAN
BLACK AND WHITE EMERGENCY VEHICLES
BLACK AND WHITE EMERGENCY VEHICLES
UNITED RENTALS
BLACK AND WHITE EMERGENCY VEHICLES
JORDAN FREEMAN
PALM SPRINGS MOTORS
C – Page 41 of 593
PURCHASE ORDERS
FEBRUARY 1, 2026 - FEBRUARY 28, 2026
DEPARTMENT PO # CONTRACT# PO DESCRIPTION PO TOTAL VENDOR 26001132 MATERIALS FOR PALM TREE & LANDSCAPING
LIGHTING
3,755.30
26001134 24B083 24B083; PAVING IMPROVEMENTS FERRELL AND
TAHQUITZ
22,582.00
26001142 24B083 24B083; PAVING IMPROVEMENTS DESERT HIGHLAND PARK
19,028.00
26001148 24B083 24B083; PAVING IMPROVEMENTS FOR PS JAIL
PARKING LO
56,864.80
26001149 24B083 24B083; PAVING IMPROVEMENTS PARKS AND REC
PAVILION
59,472.00
26001164 25I401 25I401; BARRICADE RENTAL FOR BLACK HISTORY PARADE
2,300.00
26001166 MATERIALS TO POWER MINI-SPLITS AT POLICE
DEPARTMEN
3,134.96
26001177 25I401 25I401; BARRICADES FOR THE STEVE CHASE AWARDS 501.25 26001196 24I396 24I396; CLASS A DRIVER TRAINING FOR CARLOS DIAZ 4,560.00 26001202 A9192 A9192; SIGNS AND POSTS CITY WIDE 5,993.49 26001203 A9192 A9192; CONES, DELINEATORS, BARRICADES & SIGN
SUPPLIES
17,010.32
DOWNTOWN PARKS
MAINTENANCE
26001198 MATERIALS FOR PEDESTAL TAHQUITZ/CABALLEROS
MEDIAN
3,516.90
26001151 26I007 26I007; FTZ CONSULTANCY SERVICES 10,000.00 26001158 25F483 25F483: FILM FESTIVAL AT PLAZA THEATRE 50,000.00
DESERT ELECTRIC SUPPLY
ECONOMIC
DEVELOPMENT
ITC DILIGENCE INC
PALM SPRINGS INTERNATIONAL FILM
STREETS MAINTENANCE DESERT ELECTRIC SUPPLY
HARDY AND HARPER INC
HARDY AND HARPER INC
HARDY AND HARPER INC
HARDY AND HARPER INC
TOPS N BARRICADES INC
DESERT ELECTRIC SUPPLY
TOPS N BARRICADES INC
SOUTHERN PACIFIC ENTERPRISE SOLUTIONS
PACIFIC PRODUCTS AND SERVICES LLC
PACIFIC PRODUCTS AND SERVICES LLC
C – Page 42 of 593
CITY COUNCIL STAFF REPORT
DATE: MARCH 25, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PAYROLL & ACCOUNTS PAYABLE WARRANTS,
CLAIMS AND DEMANDS
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
Staff requests City Council approve a resolution authorizing payment of Payroll and Accounts Payable Warrants/Disbursements, drawn on Bank of America. This process occurs bi-weekly, with City Council approval required each month.
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 02-14-26 TOTALING $2,742,790.06 AND ACCOUNTS PAYABLE WARRANTS DATED 02-12-26 TOTALING $6,000,998.72 IN THE AGGREGATE AMOUNT OF $8,743,788.78 DRAWN ON BANK OF AMERICA”.
BACKGROUND:
Payroll and accounts payable warrants are issued regularly to fulfill the City’s obligations for employee compensation and vendor payments in accordance with City policy and budget authority.
STAFF ANALYSIS:
In accordance with Chapter 3.16 of the Palm Springs Municipal Code, the Director of Finance has conducted an audit of the payroll records covering the subject warrants and audited the claims and demands shown in the attached documents. The Director hereby certifies the accuracy of these records and confirms the availability of funds for payment.
D – Page 43 of 593
City Council Staff Report
March 25, 2026 -- Page 2
Approval of Payroll & Accounts Payable Warrants, Claims and Demands FISCAL IMPACT:
Funding for these warrants is included in the Fiscal Year Adopted Budget.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Payroll & Warrants Memo for PPE February 14, 2026
C. AP Check Reconciliation Register for February 12, 2026
D – Page 44 of 593
ATTACHMENT A
Resolution
D – Page 45 of 593
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 02-14-2026 TOTALING $ 2,742,790.06
AND ACCOUNTS PAYABLE WARRANTS DATED 02-12-26
TOTALING $6,000,998.72 IN THE AGGREGATE AMOUNT
OF $8,743,788.78 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 25TH DAY OF MARCH 2026
.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
D – Page 46 of 593
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
D – Page 47 of 593
ATTACHMENT B
Payroll & Warrants Memo
for PPE February 14, 2026
D – Page 48 of 593
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
PAY DATE 2/20/2026
March 25, 2026
PAYROLL PERIOD ENDING 2/14/2026
FEDERAL TAXES 382,819.55
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423255 - 423266 20,125.16
LIABILITY CHECK REGISTER 2029383 - 2029399 44,229.54
PAYROLL DIRECT DEPOSITS 1,986,422.67
STATE TAXES 131,808.36
VENDOR WIRE PYMTS 6,926.93
DEFERRED COMP: ICMA 457 87,639.04
DEFERRED COMP: NATIONWIDE 44,382.43
ICMA RHS CONTRIBUTION 33,325.00
CA DCCS 5,111.38
TOTAL 2,742,790.06
03 25 26 (2) Payroll Wires and Warrants Memo for PPE 021426 | 032526 |3/10/2026 | 11:42 AM (AM) 1 | 1
D – Page 49 of 593
ATTACHMENT C
AP Check Reconciliation
Register for February 12, 2026
D – Page 50 of 593
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2026 09:16
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029107 02/12/2026 PRINTED 104375 4LEAF INC 19,180.00 2029108 02/12/2026 PRINTED 101208 ABM AVIATION INC 95,489.62 2029109 02/12/2026 PRINTED 100024 ACE PRINTING 1,054.26 2029110 02/12/2026 PRINTED 101814 ADLERHORST INTERNATIONAL 101.99 2029111 02/12/2026 PRINTED 104401 HEALTH AND HUMAN RESOURCE 1,147.60 2029112 02/12/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 36,432.00 2029113 02/12/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 5,500.00 2029114 02/12/2026 PRINTED 100660 AIRGAS USA LLC 349.23 2029115 02/12/2026 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 1,191.20 2029116 02/12/2026 PRINTED 100053 ALLIED REFRIGERATION INC 823.72 2029117 02/12/2026 PRINTED 103781 AMAZON.COM SALES INC 364.64 2029118 02/12/2026 PRINTED 103781 AMAZON.COM SALES INC 3,239.59 2029119 02/12/2026 PRINTED 100383 AMERICAN FORENSIC NURSES 672.00 2029120 02/12/2026 PRINTED 101053 OWEN COFFMAN AMERICAN LEG 63,995.00 2029121 02/12/2026 PRINTED 100036 AMERICAN LIBRARY ASSOCIAT 180.00 2029122 02/12/2026 PRINTED 105147 AMERIFLEX 864.50 2029123 02/12/2026 PRINTED 105551 ARKANCE USA LLC 14,236.66 2029124 02/12/2026 PRINTED 103716 ARROWHEAD SCIENTIFIC INC/ 1,079.57 2029125 02/12/2026 PRINTED 100370 AT&T 252.23 2029126 02/12/2026 PRINTED 102188 ATS PROCESSING SERVICE 35.00 2029127 02/12/2026 PRINTED 105585 DARLENE B JAYCOCKS 476.75 2029128 02/12/2026 PRINTED 016776 JAMES BARQUERA 474.90 2029129 02/12/2026 PRINTED 101049 MARY BARSALEAU 821.80 2029130 02/12/2026 PRINTED 016746 JENNIFER BAXTER 235.74 2029131 02/12/2026 PRINTED 100020 BEST BEST & KRIEGER 305,709.38 2029132 02/12/2026 PRINTED 100366 BIO TOX LABORATORIES 5,046.00 2029133 02/12/2026 PRINTED 100260 BIRDAIR INC 12,460.00 2029134 02/12/2026 PRINTED 105237 THE BLUE MOON TRUST 285.11 2029135 02/12/2026 PRINTED 105300 BLUETRITON BRANDS INC 660.28 2029136 02/12/2026 PRINTED 015989 LISA BROCK 30.66 2029137 02/12/2026 PRINTED 100128 BRODART CO 7,718.23 2029138 02/12/2026 PRINTED 104371 BUBBLES CARPET CLEANING L 9,364.00 2029139 02/12/2026 PRINTED 105590 JAMES BUTCHART 41.00 2029140 02/12/2026 PRINTED 105505 CALIFORNIA PARK & RECREAT 5,335.00 2029141 02/12/2026 PRINTED 100587 CALIFORNIA LIBRARY ASSOCI 980.00 2029142 02/12/2026 PRINTED 101193 CANYON COPY AND PRINT 67.74 2029143 02/12/2026 PRINTED 103604 CAROLLO ENGINEERS INC 15,419.00 2029144 02/12/2026 PRINTED 101837 CASC ENGINEERING AND CONS 15,273.75 2029145 02/12/2026 PRINTED 105591 LILLIANA CASTILLO 176.00 2029146 02/12/2026 PRINTED 101344 CBT NUGGETS LLC 9,702.00 2029147 02/12/2026 PRINTED 100112 CDW GOVERNMENT INC 9,043.68 2029148 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2029149 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 170.00 2029150 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 180.00 2029151 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2029152 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 2,333.22 2029153 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 266.18 2029154 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2029155 02/12/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,704.61 2029156 02/12/2026 PRINTED 104769 CHICAGO TITLE COMPANY 500.00 2029157 02/12/2026 PRINTED 100044 CALIFORNIA HIGHWAY PATROL 510.00 2029158 02/12/2026 PRINTED 015345 BRETT CHRISMAN 6,493.74
D – Page 51 of 593
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2026 09:16
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029159 02/12/2026 PRINTED 100652 CLEARS INC 150.00 2029160 02/12/2026 PRINTED 105174 CLIFTONLARSONALLEN LLP 16,294.95 2029161 02/12/2026 PRINTED 100308 CLINICAL LABORATORY OF SA 40.00 2029162 02/12/2026 PRINTED 100928 COLANTUONO HIGHSMITH AND 3,696.00 2029163 02/12/2026 PRINTED 104652 KENNETH CANTAMOUT 200.00 2029164 02/12/2026 PRINTED 105583 JOHN GERARD 200.00 2029165 02/12/2026 PRINTED 100974 KATHLEEN HERBERT 273.22 2029166 02/12/2026 PRINTED 104139 DIRK KLICK 200.00 2029167 02/12/2026 PRINTED 100975 ANN LARSON 200.00 2029168 02/12/2026 PRINTED 105586 DENNIS MASSIE 200.00 2029169 02/12/2026 PRINTED 105133 GREGORY MOORE 200.00 2029170 02/12/2026 PRINTED 105134 STEVEN OPPENHEIMER 200.00 2029171 02/12/2026 PRINTED 100976 STEPHAN SCOGGINS 200.00 2029172 02/12/2026 PRINTED 100472 ANGEL VANDERVEER 200.00 2029173 02/12/2026 PRINTED 104651 TODD WHEELAN 200.00 2029174 02/12/2026 PRINTED 100977 ANNIE WILSON 200.00 2029175 02/12/2026 PRINTED 100088 COUNTY OF RIVERSIDE 20,853.65 2029176 02/12/2026 PRINTED 015642 MATTHEW CRAMPTON 5,751.34 2029177 02/12/2026 PRINTED 010915 JARVIS CRAWFORD 58.94 2029178 02/12/2026 PRINTED 100123 CALIFORNIA SOCIETY OF MUN 4,375.00 2029179 02/12/2026 PRINTED 100318 DATA TICKET INC 5,251.99 2029180 02/12/2026 PRINTED 104952 DATASTREAM TECHNOLOGY CON 17,138.96 2029181 02/12/2026 PRINTED 105285 DEARK E AND C INC 341,594.80 2029182 02/12/2026 PRINTED 100265 DELL MARKETING LP 65,495.02 2029183 02/12/2026 PRINTED 101281 DELTA DENTAL INSURANCE CO 2,657.50 2029184 02/12/2026 PRINTED 101282 DELTA DENTAL OF CALIFORNI 23,800.62 2029185 02/12/2026 PRINTED 100067 DEMCO 240.76 2029186 02/12/2026 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 157.00 2029187 02/12/2026 PRINTED 103589 DESERT ARC 93.15 2029188 02/12/2026 PRINTED 100048 DESERT FIRE EXTINGUISHER 2,328.46 2029189 02/12/2026 PRINTED 100580 DESERT PROMOTIONAL EMBROI 4,594.83 2029190 02/12/2026 PRINTED 100008 GANNETT CALIFORNIA LOCAL 3,553.94 2029191 02/12/2026 PRINTED 104594 DESERTED FILMS 200.00 2029192 02/12/2026 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 1,152.32 2029193 02/12/2026 PRINTED 105550 DRAG & FLY TOURS INC 2,500.00 2029194 02/12/2026 PRINTED 100984 DTPS C-15 LLC 3,477.83 2029195 02/12/2026 PRINTED 016722 CHRIS DUARTE 938.20 2029196 02/12/2026 PRINTED 016739 TRISTAN DUNCAN 756.96 2029197 02/12/2026 PRINTED 101179 MARIANA DUSPIVA 2,275.00 2029198 02/12/2026 PRINTED 100054 DESERT WATER AGENCY 51,692.33 2029199 02/12/2026 PRINTED 100054 DESERT WATER AGENCY 11,242.59 2029200 02/12/2026 PRINTED 100054 DESERT WATER AGENCY 3,552.68 2029201 02/12/2026 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 6,746.00 2029202 02/12/2026 PRINTED 100750 ELM USA INC 415.67 2029203 02/12/2026 PRINTED 101031 LIZETTE VELA 445.00 2029204 02/12/2026 PRINTED 100274 ENGINEERING RESOURCES OF 151,413.44 2029205 02/12/2026 PRINTED 100226 ENTERPRISE RENT A CAR 1,755.18 2029206 02/12/2026 PRINTED 105431 EQUIFAX INC 1,255.25 2029207 02/12/2026 PRINTED 103029 EVALCORP 46,637.50 2029208 02/12/2026 PRINTED 103451 FIESTA FORD INC 100,032.43 2029209 02/12/2026 PRINTED 105443 MICHAEL FINLAND 122.00 2029210 02/12/2026 PRINTED 101575 FIRETRUCKS UNLIMITED LLC 281,056.70
D – Page 52 of 593
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2026 09:16
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029211 02/12/2026 PRINTED 104789 FLOCK GROUP INC 1,300.00 2029212 02/12/2026 PRINTED 104699 FRASCA AND ASSOCIATES LLC 5,525.00 2029213 02/12/2026 PRINTED 101939 DAVID FREEDMAN 3,000.00 2029214 02/12/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,126.87 2029215 02/12/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 8,790.18 2029216 02/12/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 3,042.35 2029217 02/12/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 501.05 2029218 02/12/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 877.72 2029219 02/12/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 81.68 2029220 02/12/2026 PRINTED 101683 FS.COM INC 4,749.33 2029221 02/12/2026 PRINTED 100158 GALLS LLC 910.73 2029222 02/12/2026 PRINTED 100158 GALLS LLC 910.73 2029223 02/12/2026 PRINTED 104595 GENESIS FLOOR COVERING IN 251,424.00 2029224 02/12/2026 PRINTED 103948 PUSH MEDIA INC 51,302.78 2029225 02/12/2026 PRINTED 016766 NELSON GONZALEZ-HERNANDEZ 938.20 2029226 02/12/2026 PRINTED 105453 GOSEETELL NETWORK INC 111,111.11 2029227 02/12/2026 PRINTED 103824 GOVOS INC 7,725.01 2029228 02/12/2026 PRINTED 100480 GREATER PALM SPRINGS ANIM 109,612.00 2029229 02/12/2026 PRINTED 100480 GREATER PALM SPRINGS ANIM 695.99 2029230 02/12/2026 PRINTED 101733 GRAINGER 3,956.95 2029231 02/12/2026 PRINTED 103998 JANE M GUY 598.50 2029232 02/12/2026 PRINTED 103912 HERC RENTALS INC 9,398.31 2029233 02/12/2026 PRINTED 105303 HERITAGE POOL SUPPLY GROU 2,214.32 2029234 02/12/2026 PRINTED 100382 HOME DEPOT USA INC 222.53 2029235 02/12/2026 PRINTED 100382 HOME DEPOT USA INC 5,803.25 2029236 02/12/2026 PRINTED 100494 IMAGE360 - PALM DESERT 4,632.19 2029237 02/12/2026 PRINTED 100483 INFOSAT 219.44 2029238 02/12/2026 PRINTED 101274 INTELESYSONE 11,847.47 2029239 02/12/2026 PRINTED 100119 INTERACTIVE DESIGN CORPOR 39,276.25 2029240 02/12/2026 PRINTED 104298 INTERVISTAS CONSULTING US 33,373.60 2029241 02/12/2026 PRINTED 101364 IT1 SOURCE LLC 27,622.76 2029242 02/12/2026 PRINTED 101700 JNS MEDIA SPECIALISTS INC 21,604.05 2029243 02/12/2026 PRINTED 105172 KAPLAN KIRSCH LLP 4,760.00 2029244 02/12/2026 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 123,755.51 2029245 02/12/2026 PRINTED 101606 KINCAID INDUSTRIES INC 8,135.96 2029246 02/12/2026 PRINTED 100127 L N CURTIS AND SONS 262.20 2029247 02/12/2026 PRINTED 101475 LA PRENSA HISPANA INC 1,800.00 2029248 02/12/2026 PRINTED 016217 STEPHANIE LAING 37.10 2029249 02/12/2026 PRINTED 100662 THE LGBTQ COMMUNITY CENTE 68,750.00 2029250 02/12/2026 PRINTED 100332 LIEBERT CASSIDY WHITMORE 32,978.66 2029251 02/12/2026 PRINTED 103753 LIFE INSURANCE COMPANY OF 53,760.57 2029252 02/12/2026 PRINTED 101260 THE LLOYD PEST CONTROL 143.00 2029253 02/12/2026 PRINTED 016368 CAMERON LOPEZ 792.28 2029254 02/12/2026 PRINTED 101960 LOS COLORES CAT CLUB 683.00 2029255 02/12/2026 PRINTED 100849 MANSFIELD POWER AND GAS L 38,123.75 2029256 02/12/2026 PRINTED 101253 PYE BARKER / FIRE PROTECT 431.40 2029257 02/12/2026 PRINTED 104269 MEAD AND HUNT INC 30,817.26 2029258 02/12/2026 PRINTED 104365 MEDIWASTE DISPOSAL LLC 250.38 2029259 02/12/2026 PRINTED 105589 QUENTIN MERABET 65.00 2029260 02/12/2026 PRINTED 101798 MIDWEST TAPE INC 4,689.82 2029261 02/12/2026 PRINTED 101832 MIKE BROWN GRANDSTANDS IN 7,200.00 2029262 02/12/2026 PRINTED 100009 MIZELL CENTER 125,000.00
D – Page 53 of 593
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2026 09:16
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029263 02/12/2026 PRINTED 100009 MIZELL CENTER 255.00 2029264 02/12/2026 PRINTED 100009 MIZELL CENTER 683.00 2029265 02/12/2026 PRINTED 100491 MODERNISM WEEK 70,000.00 2029266 02/12/2026 PRINTED 103896 MOHAWK COMMERCIAL INC 6,385.95 2029267 02/12/2026 PRINTED 100079 MOHICA TOWING 1,013.80 2029268 02/12/2026 PRINTED 105592 ROGER MONTEALEGRE 907.00 2029269 02/12/2026 PRINTED 104922 MAURO P GARCIA 1,508.00 2029270 02/12/2026 PRINTED 101211 NAI CONSULTING 21,251.89 2029271 02/12/2026 PRINTED 103465 DESERT AREA CORPORATION 1,835.19 2029272 02/12/2026 PRINTED 015603 YRENE NAVARRO 71.40 2029273 02/12/2026 PRINTED 104463 NEIGHBORHOOD PARTNERSHIP 30,475.00 2029274 02/12/2026 PRINTED 104404 NETWORK SERVICES COMPANY 12,237.21 2029275 02/12/2026 PRINTED 104057 DONNA S NEWTON 2,219.00 2029276 02/12/2026 PRINTED 100417 NI GOVERNMENT SERVICES IN 315.63 2029277 02/12/2026 PRINTED 103572 NV5 INC 75,084.40 2029278 02/12/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,984.92 2029279 02/12/2026 PRINTED 104266 OFRS INC 83,545.64 2029280 02/12/2026 PRINTED 104490 OLD LAS PALMAS NEIGHBORHO 25,000.00 2029281 02/12/2026 PRINTED 101870 ORIGINAL WATERMEN 2,447.17 2029282 02/12/2026 PRINTED 105470 GLOBAL SPECTRUM LP 83,333.33 2029283 02/12/2026 PRINTED 105470 GLOBAL SPECTRUM LP 191,663.75 2029284 02/12/2026 PRINTED 105470 GLOBAL SPECTRUM LP 10,505.28 2029285 02/12/2026 PRINTED 105470 GLOBAL SPECTRUM LP 10,759.44 2029286 02/12/2026 PRINTED 105470 GLOBAL SPECTRUM LP 5,616.22 2029287 02/12/2026 PRINTED 105333 PACIFIC CASTLE RIMROCK LL 13,862.31 2029288 02/12/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 6,525.00 2029289 02/12/2026 PRINTED 100003 PALM SPRINGS DISPOSAL SER 179,927.22 2029290 02/12/2026 PRINTED 100143 PALM SPRINGS LIFE MAGAZIN 122.00 2029291 02/12/2026 PRINTED 100651 PALM SPRINGS OPERA GUILD 122.00 2029292 02/12/2026 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 122.00 2029293 02/12/2026 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 57.00 2029294 02/12/2026 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 500.00 2029295 02/12/2026 PRINTED 105373 PFVT MOTORS LLC 118,694.06 2029296 02/12/2026 PRINTED 103521 PLAZA TOWING INC 2,173.56 2029297 02/12/2026 PRINTED 101674 PROCAST PRODUCTS INC 770.21 2029298 02/12/2026 PRINTED 101292 PROFESSIONAL MEDICAL WARE 3,257.95 2029299 02/12/2026 PRINTED 100596 PROPER SOLUTIONS INC 8,644.31 2029300 02/12/2026 PRINTED 104324 PALM SPRINGS PUBLIC LIBRA 1,000,000.00 2029301 02/12/2026 PRINTED 105518 PALM SPRINGS SMALL HOTEL 62,118.61 2029302 02/12/2026 PRINTED 100306 QUALITY CODE PUBLISHING 4,001.00 2029303 02/12/2026 PRINTED 101580 QUINN POWER SYSTEMS 2,409.27 2029304 02/12/2026 PRINTED 101230 R S AND H CALIFORNIA INC 47,600.04 2029305 02/12/2026 PRINTED 016651 JESUS FERNANDO RAMIREZ-AL 82.67 2029306 02/12/2026 PRINTED 101629 THE RAMSAY GROUP 6,975.00 2029307 02/12/2026 PRINTED 105493 RESOURCE ENVIRONMENTAL IN 131,863.22 2029308 02/12/2026 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 61,970.29 2029309 02/12/2026 PRINTED 105192 PUBLIC SERVICE LAW CORPOR 14,383.14 2029310 02/12/2026 PRINTED 100950 COUNTY OF RIVERSIDE 36,225.40 2029311 02/12/2026 PRINTED 015021 ROSA ROMO 1,138.03 2029312 02/12/2026 PRINTED 104059 SAME DAY EXPRESS LLC 11,297.50 2029313 02/12/2026 PRINTED 015690 STEVEN SANDERS 56.75 2029314 02/12/2026 PRINTED 101542 SC COMMERCIAL 37,153.61
D – Page 54 of 593
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2026 09:16
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029315 02/12/2026 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 5,282.40 2029316 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 341.65 2029317 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 203.62 2029318 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 341.96 2029319 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 298.50 2029320 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 57,526.56 2029321 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 33,250.30 2029322 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 120.18 2029323 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 116.53 2029324 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 14,797.85 2029325 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 97.14 2029326 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 34.97 2029327 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,534.41 2029328 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,222.77 2029329 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 221.71 2029330 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 67.41 2029331 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 703.41 2029332 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 116.81 2029333 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,664.19 2029334 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 167.26 2029335 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 154.66 2029336 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26.38 2029337 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 148.81 2029338 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 149.88 2029339 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 16,858.98 2029340 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 40.31 2029341 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10.93 2029342 02/12/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10.93 2029343 02/12/2026 PRINTED 016633 JUAN SEGOVIANO 630.00 2029344 02/12/2026 PRINTED 104407 R & R B INC 15,906.71 2029345 02/12/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,380.30 2029346 02/12/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 14.50 2029347 02/12/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 60.56 2029348 02/12/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 5,666.97 2029349 02/12/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 28,865.54 2029350 02/12/2026 PRINTED 100120 SPOK INC 53.75 2029351 02/12/2026 PRINTED 100084 STERICYCLE INC LLC SHRED 145.80 2029352 02/12/2026 PRINTED 104938 SUNBELT RENTALS INC 41,992.84 2029353 02/12/2026 PRINTED 105352 CANYON SOUTH HOA 104.75 2029354 02/12/2026 PRINTED 100031 TOPS N BARRICADES INC 3,115.00 2029355 02/12/2026 PRINTED 101391 TRANSUNION RISK AND ALTER 500.00 2029356 02/12/2026 PRINTED 102712 TSG ENTERPRISES, INC. 20,986.00 2029357 02/12/2026 PRINTED 100386 U S CUSTOMS SERVICE 5,004.26 2029358 02/12/2026 PRINTED 105146 ON COMPUTER SERVICES LLC 12,806.00 2029359 02/12/2026 PRINTED 104834 UNIFIRST CORPORATION 375.73 2029360 02/12/2026 PRINTED 105593 UNITED CEREBRAL PALSY OF 122.00 2029361 02/12/2026 PRINTED 100114 UNITED RENTALS 2,069.20 2029362 02/12/2026 PRINTED 104368 UNIVERSAL GREEN LLC 78,629.22 2029363 02/12/2026 PRINTED 016737 JULIO URIBE 756.96 2029364 02/12/2026 PRINTED 100384 US BANK 3,025.00 2029365 02/12/2026 PRINTED 100252 USDA APHIS 12,686.53 2029366 02/12/2026 PRINTED 101784 V AND V MANUFACTURING 111.33
D – Page 55 of 593
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2026 09:16
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029367 02/12/2026 PRINTED 015437 NANCY VALDIVIA 53.20 2029368 02/12/2026 PRINTED 100200 VALLEY LOCK AND SAFE 5,583.70 2029369 02/12/2026 PRINTED 100066 VALLEY MAIL DELIVERY 3,504.50 2029370 02/12/2026 PRINTED 100129 VCA ANIMAL HOSPITALS INC 1,935.36 2029371 02/12/2026 PRINTED 100621 VERIZON BUSINESS 248.84 2029372 02/12/2026 PRINTED 100144 VERIZON WIRELESS 3,473.45 2029373 02/12/2026 PRINTED 100144 VERIZON WIRELESS 80.47 2029374 02/12/2026 PRINTED 104950 VETERANS COMMUNICATION SE 6,985.56 2029375 02/12/2026 PRINTED 100050 VISION SERVICE PLAN 7,058.92 2029376 02/12/2026 PRINTED 015525 JULIE WARREN 43.12 2029377 02/12/2026 PRINTED 016126 MATTHEW WASHBURN 180.36 2029378 02/12/2026 PRINTED 100156 WAXIE SANITARY SUPPLY 170.98 2029379 02/12/2026 PRINTED 101680 WEST COAST CODE CONSULTAN 114,646.25 2029380 02/12/2026 PRINTED 103973 WEX HEALTH INC 4,699.20 2029381 02/12/2026 PRINTED 100908 YAMADA SPA MANAGEMENT INC 315.00 2029382 02/12/2026 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,135.00 276 CHECKS CASH ACCOUNT TOTAL 6,000,998.72 .00
D – Page 56 of 593
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2026 09:16
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
276 CHECKS FINAL TOTAL 6,000,998.72 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
D – Page 57 of 593
CITY COUNCIL STAFF REPORT
DATE: March 25, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AND AUTHORIZATION TO BID THE 2026 PAVEMENT REHABILITATION,
CITY PROJECT NO. 26-01 (MEASURE J FUNDS)
FROM: Scott C. Stiles, City Manager
BY: Engineering
SUMMARY:
The construction documents (Plans, Specifications and Estimate) are completed and in accordance with Section 7.03.04 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications and work details, and authorize the bid request for all public projects in excess of $220,000. Approval of this item will allow Staff to proceed with the 2026 Pavement Rehabilitation, City Project 26-01. This project is funded through the use of Measure J funds.
RECOMMENDATION:
1. Approve the plans, specifications & estimate, and authorize Staff to advertise and solicit bids for the 2026 Pavement Rehabilitation, City Project 26-01 (“the Project”); and
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Not Applicable.
BACKGROUND:
On June 29, 2023, the City Council reviewed and approved the Final Report for the City of Palm Springs Pavement Management Program 2023 Update. The 2023 Update re- assessed the condition of all city streets and identified and characterized different types of failures of each street segment in order to determine an overall Pavement Condition Index (PCI). The PCI is rated from 100 (perfect condition/new) to 0 (worst condition).
Specific ranges of PCI ratings are given a letter grade and an associated condition, as shown in Table 1 on the following page.
E – Page 58 of 593
City Council Staff Report
March 25, 2026 -- Page 2
Authorize RFB for City Project 26-01 Pavement Rehab
All streets require regular maintenance to improve the condition and extend the life of the pavement, with the type of maintenance dictated by the PCI index. Table 2 below lists the various typical maintenance treatment applied per Condition/PCI range.
Table 1
PCI
Range Grade Condition Description
90-100 A Good Little or no distress.
70-89 B Satisfactory Little or no distress, with the exception of utility patches in good condition, or minor to moderate hairline cracks; lightly weathered. 50-69 C Fair Light to moderate weathering, light load-related base failure, moderate linear cracking.
25-49 D Poor Moderate to severe weathering, moderate levels of base failure, moderate to heavy linear cracking.
0-24 E Very Poor Extensive weathering, moderate to heavy base failure, failed patches, extensive network of moderate to heavy linear cracking.
Table 2
Condition Grade PCI Range Typical Maintenance Treatment Good A 90-100 Do nothing
Satisfactory B 70-89
60-69Fair C 50-59
Slurry Seal & Crack Seal
Edge Grind and 2" Overlay
Poor D 25-49 AC (Asphalt/Concrete) Surface Reconstruction Very Poor E 0-24
Full Depth AC (Asphalt/Concrete) and Base
Reconstruction
Reconstruction Structure (PCC)
STAFF ANALYSIS:
The proposed Project will address streets in the Poor and Fair condition categories as shown in Table 2 above. Note, there are streets within this range that have been deferred for a later time due to upcoming utility work or private development work that would otherwise leave significant patches and trench lines. This leads to a decreased service life for new asphalt and the City not getting the full financial benefit from a reconstructed road. There are also streets that are in Fair condition and have been included for street segment continuity and cost savings such as Avenida Caballeros, which has a PCI range of 40 to 58.
Pavement treatments will consist of either a 2-inch grind and overlay or complete Asphalt/Concrete (AC) surface reconstruction. Pavement projects in previous years have primarily focused on residential streets; this Project will incorporate more arterials and collectors. The Project will include approximately 1.69 million square feet of pavement rehabilitation and associated utility/monument cover adjustments. As part of the street reconstruction, any curb ramps adjacent to the streets selected for complete AC surface
E – Page 59 of 593
City Council Staff Report
March 25, 2026 -- Page 3
Authorize RFB for City Project 26-01 Pavement Rehab
reconstruction will be brought up to current Americans with Disabilities Act (ADA) standards. The street list and map of the Project is included as Attachment A.
With City Council approval, Staff will advertise the Project in The Desert Sun, plan rooms, and through PlanetBids™, to allow the submission of bids electronically. The following tentative schedule has been identified for the bid process:
Notice Inviting Bids to be posted: March 26, 2026
Deadline for receipt of bids: April 21, 2025
Contract awarded by City Council: May 12, 2026
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the 2026 Pavement Rehabilitation, City Project No. 26-01, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
The Project is estimated to cost approximately $9,000,000. The Project will be funded using Measure J Funds that have been allocated for this purpose. Since the cost of oil for asphalt and other construction material can fluctuate significantly, the Project will be split into a base and additive bid schedules. Following the bidding process, the Project will be submitted to the City Council for approval. At that time, a detailed breakdown of the Project costs, including construction, consultant services, and staff costs, will be presented for Council review and approval.
REVIEWED BY:
Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENT:
A. Street List and Maps
E – Page 60 of 593
Attachment A
Street List and Maps
E – Page 61 of 593
STREET NAME START END
ANZA DRIVE NAVAJO DRIVE CALIENTE ROAD
AVENIDA PALOS VERDES TAMARISK ROAD VIA ALTAMIRA
BARISTO ROAD FARRELL DRIVE CIVIC DRIVE
BRENTWOOD DRIVE CHERRY HILLS DRIVE WAVERLY DRIVE
CALLE PALO FIERRO MESQUITE AVENUE CAMINO REAL
CALLE PALO FIERRO VERNE WAY AVENIDA GRANADA
CERRITOS DRIVE VISTA CHINO SANDLEWOOD DRIVE
CHINO CANYON ROAD 350 FT EAST OF LEONARD RD VISTA DRIVE CIELO DRIVE (CULDESAC 525 FT
WEST OF PANORAMA RD) 525 FT WEST OF PANORAMA RD SOUTH END OF CULDESAC
DAVIS WAY FRANCIS DRIVE LINDSEY DRIVE
FARRELL DRIVE NORTH END (CDS) FRANCIS DRIVE
FINLEY ROAD FARRELL DRIVE CERRITOS ROAD
HILDY LANE FARRELL DRIVE CERRITOS ROAD
JANIS DRIVE RACQUET CL UB ROAD SANBORN WAY
LA VERNE WAY CAMINO REAL CALIENTE ROAD
LA VERNE WAY CALIENTE ROAD E PALM CANYON DRIVE
LINDSEY DRIVE STARR ROAD SUNNYVIEW DRIVE
MILO DRIVE SANBORN WAY RACQUET CLUB ROAD
MOLINO ROAD SUNNYVIEW DRIVE STARR ROAD
ROGERS ROAD CERRITOS ROAD FARRELL DRIVE
SANBORN WAY JANIS DRIVE WEST END
SIMMS ROAD SUNNYVIEW DRIV E INDIAN CANYON DRIVE
SIMMS ROAD SUNNVIEW DRIVE 130 FT. E/O STARR ROAD
STARR ROAD FRANCIS DRIVE LINDSEY DRIVE
STARR ROAD MOLINO ROAD SIMMS ROAD
SUNNY DUNES ROAD GREN FALL ROAD SUNRISE WAY
SUNNYVIEW DRIVE FRANCIS DRIVE SIMMS ROAD
SUNNYVIEW DRIVE SIMMS ROAD MOLINO ROAD
TAHQUITZ CANYON WAY EL CIELO ROAD FARRELL DRIVE
TAHQUITZ CANYON WAY FA RRELL DRIVE SUNRISE WAY
TAHQUITZ CANYON WAY SUNRISE WAY AVENIDA CABALLEROS
TAHQUITZ CANYON WAY AVENIDA CABALLEROS CALLE ENCILIA
TAHQUITZ CANYON WAY CALLE ENCILIA INDIAN CANYON DRIVE
TAHQUITZ CANYON WAY INDIAN CA NYON DRIVE PALM CANYON DRIVE
TAMARISK ROAD AVENIDA CABALLEROS VIA MIRALESTE
TOLEDO AVENUE LA VERNE WAY SIERRA WAY
TOLEDO AVENUE SIERRA WAY MURRAY CANYON DRIVE
TRAMWAY ROAD HWY 111 1900' W/S HWY 111
VELLA ROAD RAMON ROAD SUNNY DUNES ROAD
VIA ALTAMIRA CANYON ROAD VIA MIRALESTE
VIA MIRALESTE TAMARISK ROAD ALEJO ROAD
VISTA DRIVE S/S CHINO CANYON ROAD S END
WAVERLY DRIVE LAWRENCE CROSSLEY ROAD BRENTWOOD DRIVE
WYMAN DRIVE LINDSEY DRIVE FRANCIS DRIVE
2026 PAVEMENT REHABILITATION STREET LIST
NOTE - THIS STREET LIST WILL BE SPLIT UP INTO 3 BID SCHEDULES. ONLY THE BID SCHEDULES WHICH FALL WITHIN
THE APPROVED PROJECT BUDGET WILL BE SELECTED FOR AWARD CONSIDERATION BY CITY COUNCIL
E – Page 62 of 593
0 0.45 0.90.23 MilesPalm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
PARKVIEW
ESTATES
PALM
SPRINGS
VILLAS
LITTLE
TUSCANY
DOWNTOWN
PALM
SPRINGS
PALM
SPRINGS
THE M ESA
CANYON
CORRIDOR
SALVIA
N
Farrell Dr
Verona Rd
Tortuga Rd
Tachevah Dr
Quijo Rd
N
G
ene
Autry
Trl
Ramon Rd
Landau
Blvd
Vista Chino
S
G
ene
Autry
Trl
10 Cimarron
Golf
Resort
Desert
Princess
Country
Club
UPPER
WESTSIDE
SUNM OR
EL M IRADOR
DEEPWELL
RANCH
WHITEWATER
CLUB
GATEWAY
RAM ON
PALM S
LAWRENCE
CROSSLEY
RANCH CLUB
SONORA
SUNRISE
M ELODY
RANCH
EL RANCHO
VISTA
ESTATES
RUTH HARDY
PARK
TWIN PALM S
BARISTO
DEM UTH
PARK
M IDTOWN
GOLDEN
SANDS
LOS
COM PADRES
ESCENA
WARM SANDS
CATHEDRAL
CITY
RIM ROCK
ARABY
COM M ONS
SUNAIR
LOS
PUEBLOS
WEST GATEINDIAN
CANYON
ANDREAS
HILLS
SAHARA
PARK
1 2
3 4
5 6
7 Overview
E – Page 63 of 593
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
Eastgate
R
d
Cabrillo Rd
Tramway Rd
M
cC
arthy
R
d
W Gateway Dr
W Santa Catalina Rd
W Sunview Ave
Frontage
R
d
Vista
D
unes
Mira Grande
Alta Cresta
Alta Rdg
Summit Dr
W San Rafael Dr
W Radio Rd
N
LosFelicesRd
W Pico Rd
W Yorba Rd
N
Indian
C
anyon
D
r
N
Indian
C
anyon
D
r
111
Desert Highland
Park
PALM
SPRINGS
VILLAS
RACQUET
CLUB WEST
M OUNTAIN
GATE DESERT
HIGHLAND -
GATEWAY
LITTLE
TUSCANY
N
Via
M
onte
Vista
W Racquet Club Rd
W Via Olivera
W Panorama Rd
W Vereda Sur
W Vista Chino
W Stevens Rd
N
Leonard
R
d
W Via Escuela
Vereda Norte
Cam
ino
M
irasol
Camino Norte
W Via Sol
W Mariscal Rd
S Via Las Palmas
N
M
ilo
D
r
N
Indian
C
anyon
D
r
N
Palm
C
anyon
D
r
111
Arrive Hotel
VISTA LAS
PALM AS
N
Avenida
C
aballeros
N
StarrR
d
M
iralon
W
ay
Fountain Dr
Am
bassadorD
r
TaylorD
r
UPPER
WESTSIDE
N
Via
M
iraleste
E Paseo El Mirador
E Mel Ave
E Louise Dr
Jacques
D
r
N
Berne
D
r
E El Cid
Raymond Cree
Middle School
Desert Regional
Medical Center
EL M IRADOR
VISTA NORTE
RACQUET
CLUB
ESTATES
Simms Rd
Sunny View Dr
C
i e
l o
D r
C
h i n o
C a n y o n R d
Sanborn Way
Via Miraleste
Lindsey Dr
Wyman Dr
Davis Way
Molino Rd
Janis Dr
Sheet 1 of 7
E – Page 64 of 593
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
E Racquet Club Rd
N
Sunrise
W
ay
N
Avenida
C
aballeros
E Del Lago RdN
Paseo
de
Anza
N
Aurora
D
r N
H
erm
osa
D
r
N
Biskra
R
d
N
Bahada
R
d
N
C
huperosa
R
d
E Joyce Dr
M
iralon
W
ay
Am
bassadorD
r
UPPER
WESTSIDE
SUNRISE
VILLAGE
DESERT
PARK
ESTATES
COYOTE RUN
GOLDEN
SANDS
SUNRISE
PALM S
FOUR
SEASONS
N
Sunrise
W
ay
N
C
erritos
D
r
N FarrellDr
E Paseo El Mirador
E Chia Rd
E Desert Park Ave
E Rochelle Rd
E Louise Dr
N
Aurora
D
r
E El Cid
N
D
eborah
R
d
N
icola
R
d
W
N
Sunrise
W
ay
111
Raymond Cree
Middle School
EL M IRADOR
RANCH CLUBVISTA NORTE
ROGERS
RANCH
N
FarrellD
r
SavannaW
ay
WHITEWATER
CLUB
N
FarrellD
r
E Verona Rd
Acacia
R
d
E
E Ventura Rd
E Vincentia Rd
E Chia Rd
E San Juan Rd
N
Vim
inalR
d
N
W
hitew
aterC
lub
D
r
E Vista Chino
GENE AUTRY
EL RANCHO
VISTA
ESTATES
Hildy Ln
Rogers Rd
Finley Rd
Sheet 2 of 7
E – Page 65 of 593
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
N
Via
M
onte
Vista
W Vereda Sur
Camino Sur
W Via Lola
Cam
ino
M
irasol
W Regal Dr
N
Palm
C
anyon
D
r
OLD LAS
PALM AS
VISTA LAS
PALM AS
W Chino Dr
N
C
alle
Encilia
W Ramon Rd
W Arenas Rd
S
C
alle
Encilia
S
C
ahuilla
R
d
W Alejo Rd
W Merito Pl
Skyline
Trl
E Andreas Rd
O'Donnell
Golf Club
Spa Spring
Palm Springs
Art Museum
Hyatt Palm
Springs
DOWNTOWN
PALM
SPRINGS
HISTORIC
TENNIS CLUB
PALM
SPRINGS
Tahquitz Creek
Tahquitz Creek
S
Belardo
Rd
Belardo
R
d
S
Palm
Canyon
DrEngbacha
Spring
Ruth Hardy Park
Katherine
Finchy
Elementary
School
Desert Regional
Medical Center
THE M OVIE
COLONY
N
Avenida
C
aballeros
E Arenas Rd
N Calle El Segundo
S
C
alle
ElSegundo
N
Calle
Alvarado
E Via Colusa
E Granvia Valmonte
E Saturnino Rd
BARISTO
M IDTOWN
S
C
alle
Palo
Fierro
N Riverside Dr
E Sunny Dunes Rd
S Riverside Dr
E San Lorenzo Rd
WARM SANDS
Tamarisk Rd
Via Miraleste
W T a h q u i t z C a n y o n W a y E Tahquitz Canyon Way V i a A l t a m i r a
Baristo Rd
Ave Palos Verdes
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E Tachevah Dr
E El Alameda
N
Arquilla
R
d
E Verbena Dr
N
Sunrise
W
ay
Ruth Hardy Park
Katherine
Finchy
Elementary
School
RUTH HARDY
PARK
M OVIE
COLONY
EAST
OASIS DEL
SOL
N
Avenida
C
aballeros
E Amado Rd
E Alejo Rd
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H
erm
osa
D
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E Arenas Rd
N
SunsetW
ay
E Park Dr
E Belding Dr
E McManus Dr
Tiffany Cir N
Tiffany Cir S
S
H
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D
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E Via Colusa
Frontage Rd
E Granvia Valmonte
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C
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R
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E Saturnino Rd
E Ramon Rd
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Sunrise
W
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S
Sunrise
W
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E Tahquitz Canyon Way
Palm Springs
Stadium
BARISTO
SUNRISE
PARKM IDTOWN
Tahquitz Creek
N Riverside Dr
E Sunny Dunes Rd
S Riverside Dr
E San Lucas Rd
E San Lorenzo Rd
Prescott
Preserve
WARM SANDS
N
FarrellDr
N
FarrellD
r
S
FarrellD
r
N
ElC
ielo
R
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E Andreas Rd
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Burton
W
ay
N
O
rchid
Tree
Ln
N
Juanita
D
r
E Livmor Ave
Vibe Way
S
C
ivic
Dr
N
M
onterey
R
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S
ElC
ielo
R
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E Ramon Rd
E Tahquitz Canyon Way
Palm Springs
High School
SUNM OR
GATEWAY
S
ElC
ielo
R
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LITTLE
BEVERLY
HILLS
Tamarisk Rd
E Tahquitz Canyon Way
Via Altamira
Baristo Rd
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Tahquitz Creek
S
Via
Salida
W Cr estview Dr
Belardo
R
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E Morongo Rd
S
M
esa
D
r
S
Palm
Canyon
Dr
S
Palm
C
anyon
D
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Engbacha
Spring
PARKVIEW
ESTATES
PaliD
r
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Sierra
M
adre
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Palm
C
anyon
D
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Palm Canyon
Resort and Spa
THE M ESA
CANYON
CORRIDOR
PALM
CANYON
S Riverside Dr
E Marion Way
S
Indian
Trl
E Twin Palms Dr
E San Lorenzo Rd
Ace Hotel
DEEPWELL
RANCH
TWIN PALM S
TAHQUITZ
RIVER
ESTATES
BILTM ORE
COLONY
LeiD
r
E La Verne Way
S
C
am
ino
Real
E Sierra Way
S Calle Palo Fierro
Araby
St
E Anza Dr
E Murray Canyon Dr
INDIAN
CANYON
SAHARA
PARK
S
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a
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P
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r
r
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S Cerritos Dr
S Riverside Dr
S
C
alle
M
arcus
E Marion Way
S
C
alle
R
olph
S
Sagebrush
R
d
S
Paseo
de
M
arcia
S
C
alle
de
M
aria
S
Andee
D
r
E Morongo Trl
E Twin Palms Dr
E Mesquite Ave
E Sonora Rd
E San Lorenzo Rd
S
Sunrise
W
ay
E Palm Canyon Dr
Saguaro Palm
Springs
DEEPWELL
RANCH
SONORA
SUNRISE
TWIN PALM S
DEEPWELL
ESTATESBILTM ORE
COLONY
Palm
Canyon
Creek
S
C
am
ino
Real
S La Verne Way
E Sierra Way
S
MadronaDr
EastRd
W
estR
d
San Jacinto Ter
Catalpa Ter
Anza Ter
S
C
aliente
Dr
S
Yosem
ite
D
r
E Anza Dr
E Murray Canyon Dr
S
Toledo
Ave
Indian
Canyons
Golf
Resort -
South
Course
Indian
Canyons
Golf
Resort -
North
Course
ARABY
COM M ONS
INDIAN
CANYON
CANYON
PALM S
S
FarrellD
r
S
Araby
D
r
S
Barona
R
d
S
San
M
ateo
D
r
E Palm Canyon Dr
S
ElC
ielo
R
d
LOS
COM PADRES
Palm
CanyonCreek
Mars St
Southridge
Dr
R
im
Rd
S Barona Rd
Anza Trl
ARABY COVE
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Airport Center Dr
Kirk Douglas Way
S
ElC
ielo
R
d
E Ramon Rd
Palm Canyon Creek
D
esertW
ay
E Mesquite Ave
E Sunny Dunes Rd
E Camino Parocela
S
C
alle
Santa
C
ruz
E Calle San Raphael
Desert Lakes Dr
Desert Lakes Dr
S
ElC
ielo
R
d
Demuth Park
Seven
Lakes
Country
Club
Tahquitz
Creek
Golf
Resort
M ELODY
RANCH
DEM UTH
PARK
LOS
COM PADRES
Mars St
Southridge
Dr
Venus St E Palm Canyon Dr
RIM ROCK
Mission Dr
C
rossley
R
d
Ramon RdRamon RdE Ramon Rd
Home Depot
Whitewater River
Tahquitz Creek
E Camino Parocela
Law
rence
C
rossley
R
d
San
Luis
R
ey
D
r
S
Vella
R
d
S
W
illiam
s
R
d
E Mesquite Ave Dinah Shore Dr
111
111
Walmart
Supercenter
Lowe's Home
Improvement
M OUNTAIN
SHADOWS
THE
FAIRWAYS
C
ree
R
d
E Matthe w Dr Carey Rd
S
Birdie
W
ay
Lawrence Crossley
Rd
111
LOS
PUEBLOS
TAHQUITZ
CREEK GOLF
Waverly Dr
Brentwood Dr
Baristo Rd
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CITY COUNCIL STAFF REPORT
DATE: March 25, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF ADMINISTRATIVE CONTRACT MEMORANDA NOS. 4, 5, AND 6 TO THE WASTEWATER SERVICES AGREEMENT (OPERATIONS
& MAINTENANCE NO. A6804) BETWEEN VEOLIA WATER WEST
OPERATING SERVICES, INC., A DELAWARE CORPORATION, AND
THE CITY OF PALM SPRINGS
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Staff is requesting approval of three Administrative Contract Memoranda (ACM) to the City's existing agreement with Veolia Water West Operating Services, Inc. The memoranda updates the annual operations and maintenance (O&M) fee associated with street sweeping services to account for increased operational costs; establishes a new O&M fee for the Bogert Trail Lift Station (Lift Station No.6); and establishes an O&M fee for newly installed biogas and digester systems and sets an annual procurement budget for ferrous chloride.
RECOMMENDATION:
1. Approve the Administrative Contract Memoranda authorizing the budget increases; and
2. Authorize the City Manager or their designee to execute all required documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from Veolia is included in Attachment A.
BACKGROUND:
The current agreement for the operation and maintenance of the City’s wastewater facilities was entered into with Veolia Water West Operating Services, Inc. (Veolia) on November 4, 2015. Veolia’s responsibilities include operation of the wastewater treatment plant (WWTP), the sewer collection system, and management of the City’s street sweeping services. The agreement entered its final automatic five-year renewal term on
F – Page 71 of 593
City Council Staff Report
March 25, 2026 -- Page 2
Approve Veolia Administrative Contract Memoranda
January 1, 2026. Per Section 5.39(h) of the Agreement, the City uses Administrative Contract Memoranda to periodically update contract terms. These ACMs ensure that Veolia’s Performance Guarantees and Operation and Maintenance (O&M) fees remain aligned with the evolving technical requirements of the WWTP, sewer collection system, and street sweeping operations.
On February 21, 2021, Administrative Contract Memorandum No. 1 was approved by the City Council to set the annual budget limit for Biosolids Services established at $200,000 effective January 1, 2021.
On May 12, 2022, the City awarded a construction contract to Rados Inc., for the replacement of Digester No. 2, and the biogas system at the Wastewater Treatment Plant.
These assets are an important investment in modernizing WTTP infrastructure and meeting environmental regulations. This project is currently in its final commissioning stage.
On June 16, 2022, the City Council received and filed Administrative Contract Memoranda Nos. 2 and 3. These updates aligned the street-sweeping schedule with current operations and revised the Waste Discharge Requirements to reflect the latest CRWQCB permit respectively. There was no fiscal impact for this action.
On May 28, 2025, City Council formally accepted City Project 18-18, Bogert Trail Sewage Lift Station (Lift Station No. 6). Lift Station No. 6 replaced a deficient siphon with a force main, providing a more efficient conveyance system for the service area.
STAFF ANALYSIS:
Staff recommends that City Council approve Administrative Contract Memoranda Nos. 4, 5, and 6 to the Wastewater Services Agreement between the City and Veolia Water West Operating Services, Inc. These are necessary to keep up with operational price increases, and the additions of new assets to the City’s wastewater treatment operations. The ACMs are detailed below and summarized in Table 1.
Table 1
ACM Subject Annual Increase
ACM No.4 Street Sweeping O&M Fee Update $75,000 (from $375,000 to $450,000) ACM No.5 Bogert Trail Lift Station No.6 O&M Fee $14,915 (new fee) ACM No.6 Biogas & Digester Systems O&M Fee $218,692 (new fee) ACM No.6 Ferrous Chloride (FeCl₂) Budget $250,000 (new fee) Total Increase $558,607
ACM No.4 proposes an update to the Operation and Maintenance fee for the City's street sweeping services. The current annual budget, established under ACM No. 2, is $375,000; however, actual sweeping costs have risen to $394,415 in 2023 and are projected to reach $438,243 by 2026.
F – Page 72 of 593
City Council Staff Report
March 25, 2026 -- Page 3
Approve Veolia Administrative Contract Memoranda
To keep pace with these increasing costs, Veolia is requesting that the City increase the annual street sweeping budget to $450,000. The request cost breakdowns and ACM are included in the letter request in Attachment B.
ACM No. 5 establishes the Operation and Maintenance fee for the newly constructed Bogert Trail Lift Station (Lift Station No. 6). With construction now complete, this amendment formally incorporates the facility into the existing agreement's operational and performance guarantee, ensuring Veolia's responsibilities and associated compensation are clearly defined for the ongoing operation of this infrastructure. The annual O&M fee for Lift Station No. 6 is $14,915 annually. The request letter and the ACM are included in Attachment C.
ACM No. 6 establishes an annual Operation and Maintenance fee for the City's newly constructed assets which include an upgraded biogas flare, gas holder system and replacement of Digester No. 2, representing major infrastructure upgrades to WWTP. The digester generates biogas as a byproduct of the anaerobic digestion process, which is captured and stored in the gas holder to buffer supply and demand fluctuations before being routed to the biogas flare for controlled combustion and emissions compliance.
Together, these three interconnected systems form an integrated biogas management system that must be operated and monitored in coordination to ensure safe, continuous, and regulatory-compliant performance. The operation of the system represents an expansion of Veolia's responsibilities under the agreement and requires additional resources due to technical complexity, time and regulatory requirements of these assets.
Veolia a provided proposal detailing operational expenses, overhead calculations, and fee projections. The proposal includes new Grade III operator Veolia employee as a cost- effective alternative in lieu of overtime, to operate the new infrastructure. The cost of these services is $218,692. The fee proposal is provided in Exhibit A of the letter of request and within ACM No. 6 in Attachment D.
ACM No. 6 also establishes an annual procurement budget for Ferrous Chloride (FeCl₂), the facility's primary treatment against Hydrogen Sulfide (H₂S), a toxic gas generated by bacterial anaerobic digestion. By dosing into anaerobic digesters, FeCl₂ binds with dissolved sulfides to form insoluble iron sulfide (FeS), preventing H₂S from entering the biogas stream and being released into the atmosphere during flaring. The City selected the addition of Ferrous Chloride as the method to meet the South Coast Air Quality M District (SCAQMD) requirements for the new flare. This process is both operationally critical and a mandatory air quality regulatory requirement. The annual cost of chemical for this treatment process is estimated at $250,000. For reference, the Contractual agreement between the City and Veolia included as Attachment E.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(1).
Continuing administrative and maintenance activities, such as the purchase for supplies,
F – Page 73 of 593
City Council Staff Report
March 25, 2026 -- Page 4
Approve Veolia Administrative Contract Memoranda
personnel-related actions, general policy and procedure making are not considered a “Project”.
ALIGNMENT WITH STRATEGIC PLANNING:
Infrastructure and Facilities.
FISCAL IMPACT:
There are sufficient funds in the Wastewater funds to cover this yearly increase.
REVIEWED BY:
City Engineer: Joel Montalvo
Assistant City Manager: Flinn Fagg
Director of Finance & Treasurer Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Veolia Public Integrity Disclosure Form
B. ACM No.4 – Street Sweeping O&M Fee Adjustment
C. ACM No.5 – Bogert Trail Lift Station O&M Fee
D. ACM No.6 – Biogas and Digester Systems O&M Fee and Ferrous Chloride Budget E. Veolia Agreement
F – Page 74 of 593
Attachment A
Veolia Public Integrity Disclosure
F – Page 75 of 593
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
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)
6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________
________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________
________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Veolia Water West Operating Services, Inc.
53 State Street, 14th Floor, Boston, MA 02109
Delaware
x
x
William DiCroce x x
Jason Salgo x x
Robert Arendell x x
F – Page 76 of 593
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM
(Revised 09 13.18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE
DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and
name of entity]
A.
[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 Veolia Water North America-West, LLC 100%
F – Page 77 of 593
Continuation Page
Item 6, continued
John Gibson, officer
James Pawloski, officer
Daniel Mahoney, officer
Keith Oldewurtel, officer
Francis Ferrara, officer
Each of the persons listed in Item 6 (except James Pawloski) also serve as the officers of Applicant’s parent company Veolia Water North America-West, LLC, and William DiCroce, Jason Salgo, and Robert Arendell also serve as managers of Veolia Water North America-West, LLC.
F – Page 78 of 593
Attachment B
F – Page 79 of 593
January 7, 2026
Via Email
Juan Segoviano, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Email: [email protected]
Re: Proposal for Administrative Contract Memorandum (ACM) #4
Dear Mr. Segoviano:
As you may know, Veolia’s current contractual street sweeping budget is $375,000 per Administrative Contract Memorandum #2, effective October 1, 2021.The City’s actual cost for street sweeping in 2023 was $394,415. The projected cost for 2026 after Clean Street receives its contractual CPI increase is $438,243. To keep up with these increasing costs, Veolia is requesting the City to increase the contractual street sweeping budget for Veolia to $450,000 per year. This increase will allow Veolia to work within our contractual budget for street sweeping.
Estimated
2025 Street
SweepingCosts
Estimated 2026
Street
SweepingCosts
Monthly Fee $30,384.94 $31,756.76
Veolia Markup 15% $4,557.74 $4,763.51
Total $34,942.68 $36,520.27
Annual Fee $364,619.28 $381,081.12
Veolia Markup 15% $54,692.89 $57,162.17
Total $419,312.17 $438,243.29
Relevant Contract Language:
5.2(t) Street Sweeping. Veolia shall provide all required services relating to management and delivery of Street Sweeping services set forth in Schedule U.
Veolia shall be responsible for applying for, acquiring and maintaining all
F – Page 80 of 593
Governmental Approvals required for the Street Sweeping services. City acknowledges and consents to Veolia's provision of street sweeping services through a subcontractor, to be selected at Veolia's discretion subject to City approval (such approval not to be unreasonably withheld). Veolia will pay all costs of providing the Street Sweeping services, subject to reimbursement by the City of all actual third-party expenses in amounts not to exceed the then current annual budget limit.
If you require any further information or have any questions, please contact me at the plant.
Sincerely;
Doug Loar
Project Leader
Veolia Water West Operating Services, Inc. / Palm Springs
Enclosures: Schedule U from Wastewater Services Agreement Schedule W: Administrative Contract Memorandum Street Sweeping
Cc: Joel Montalvo City Engineer City of Palm Springs
Francisco Jaime Principal Engineer City of Palm Springs
Veolia Water West Operating Services, Inc.
Palm Springs Project
4375 Mesquite Avenue, Palm Springs, CA 92264
Tel 760-323-8166 / Fax 760-325-5747
F – Page 81 of 593
SCHEDULE U
STREET SWEEPING SERVICES
U.1 Purpose
The purpose of this Schedule U is to set forth the required services associated with street sweeping of various City streets as a component of and in furtherance of performance of Veolia's obligations as required hereunder this Agreement. Veolia shall be required to enter into a separate contract for street sweeping services meeting the full scope of services as identified herein, and shall be responsible for all contract administration and coordination of such services on behalf of the City, and the City shall have no responsible therefore, excluding payment to Veolia pursuant to the terms of this Agreement. Veolia shall provide 24-hour customer service coordination, and respond to complaints received regarding street sweeping.
U.2 Required Services
Veolia shall ensure that the scope of services identified on any contract entered into with a third party vendor for street sweeping includes the following required services.
The term MContractor" as used herein shall refer to the third party vendor providing street sweeping services as "Contractor'' under such contract entered into by Veolia.
U.3 Performance of Work
The Contractor agrees to comply with all applicable provisions of federal, state, and local laws and regulations governing the duties and obligation of businesses and employers. Contractor shall comply with regulations of the Federal Highway Administration (FHWA) regarding drug and alcohol testing programs.
The Contractor shall maintain a toll-free 24-hour phone number for emergency contact by Veolia Contract Officer.
The Contractor shall provide a Monthly Street Sweeping Operations Report of the previous months sweeping activity by the 10th of the following month. The summary report shall be no more than 5 pages in length. The summary report will be provided in hard copy and digital (PDF) format, and include the following information:
• Curb miles swept.
• Number of loads of debris dumped at the WWTP.
• Exceptions to regular sweeping schedule.
• Extra street sweeping services.
• Operating overview and documentation of all significant events. • The summary shall reflect the work performed and align with the billing invoice for that month.
Schedule U
F – Page 82 of 593
The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Sweeping shall be accomplished in the same direction as traffic flow a~ all times during sweeping.
Arterial streets shall not be swept between the hours of 4:00 p.m. to 300 a.m.
Residential streets shall not be swept between the hours of 4:00 p.m. to 8:00 a.m.
Downtown streets shall not be swept between the hours of 1 0:00 a.m. to Midnight, except in the case of Special Event and upon specific notice from Veolia.
Sweeping speed shall be adjusted to street and debris condition with a maximum speed of ten miles per hour (10 MPH). Contractor will not be compensated for streets swept while vehicle exceeds ten miles per hour (1 0 MPH).
The work performed by the Contractor shall include sweeping all areas of street including a minimum eight-foot (8') width as measured from the outside edge of the gutter broom in a single pass as close as practicable to the face of curb, or to the edge of pavement where no curb exists, for both street edge curbs on raised medians and all intersection cross-gutters. Therefore, a road with a curb on both sides of the street and a curbed median shall receive at least four (4) passes with sweeping equipment to be considered swept. Noses or ends of curbed median areas and curb returns are to be maintained on the same frequency as the median or intersection for which they are associated.
Cui-de-sacs, curb returns (radii) and curb bulb-outs, and gutters behind detached curb bulb-outs of all streets will be swept along their entire length and free of debris on scheduled sweep days. Storm drain inlets are to remain free of debris and not collect sweeping debris during operations of the curb sweeping process. Veolia may request in writing additional work that would be compensated at a mutually agreed upon rate.
Contractor is responsible for a minimum 8-foot swept width, as close as practicable to each curb face. All debris along the sweeping path, with the exceptions listed below in Blow Sand Criteria, are to be removed from the public right of way and properly disposed of. If the limits in Blow Sand Criteria are exceeded notify Veolia Contract Officer verbally immediately and also notify Veolia Contract Officer via email within 24 hours. Sweeping shall normally consist of a single pass over an area; however, the Contractor shall make additional passes, or such extra effort as may be required to reasonably clean the street. Veolia shall be notified immediately of the occurrence of unusually heavy debris that cannot be removed by extra effort sweeping. Extra effort shall be required to remove dirt/silt smear remaining in the swept pathway. Extra effort is expected during bad weather. The cost for extra effort shall be included in the contract price, and no additional compensation will be given.
Contractor shall remove all loose debris and material normally picked up and removable by a fully operational mechanical or vacuum street sweeper. This includes, but is not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, and litter.
Contractor shall immediately remove debris swept onto driveway aprons, sidewalks, and access ramps. If debris cannot be removed with mechanical sweeping, the Schedule U
Page2
F – Page 83 of 593
Contractor shall collect debris manually. The cost for manually removing debris, excepting non-sweepable items as defined below, swept from the roadway and onto driveway aprons, sidewalks, and access ramps shall be included in the contract price, and no additional compensation will be given.
Non-swept or non-sweepable items such as small tree limbs, palm fronds, rocks, silt, mud, trash and debris shall be collected and removed by the Contractor from the normal sweeping path. Larger obstructions such as tree limbs, construction or landscape contractor debris, shall be immediately reported to Veolia.
Street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears, and visible dust to the maximum extent practicable. Streets that do not meet maximum extent practicable standards for sweeping on the scheduled sweeping day, the Contractor shall sweep the deficient street within 48 hours after the normal sweeping day at no cost to Veolia. The determination of maximum extent practicable shall be at the sole discretion of Veolia. Contractor shall immediately notify Veolia when a street or section of streets will be or had been missed during regularly scheduled street sweeping. Contractor shall notify Veolia when re-sweeps are scheduled.
Contractor shall properly obtain potable water (or water of similar quality) used for dust control, and no additional compensation will be allowed therefore. Dust suppression shall be employed during all sweeping operations to comply with all state and local regulations for dust control. The sweeping of regularly scheduled routes without the use of dust control will result in a 50% reduction in compensation for each day that dust suppression was not used.
All debris will be transported to the Wastewater Treatment Plant, 4375 E. Mesquite Ave. for disposal. On an annual basis, Contractor shall assist Veolia in the collection of representative samples from the collected debris as may be required by regulatory agencies.
Veolia will notify Contractor of needed corrections and any re-sweeps required following complaints received by Veolia. In the event that the results of a sweep are considered to be unsatisfactory by Veolia, Veolia will notify Contractor of exact location and description of deficiency. The Contractor shall re-sweep the unsatisfactory area at its sole expense within the time limits specified.
Blow Sand Criteria
• Winds 25 MPH or more.
• Sand 4" or more in depth.
• Sand 18" or more in width.
• Sand that fills the sweeper in less than 3 curb miles. • Sand that is of such quantity that the sweeper cannot average 3 MPH.
Schedule U
F – Page 84 of 593
Schedule
Contractor shall complete all sweeping per the sweeping schedule mutually agreed by Contractor and Veolia. Subject to approval by Veolia, the Contractor shall arrange sweeping routes to minimize sweeping areas adjacent to schools during the hours when children are entering or leaving the campuses, typically between the hours of 8:00 AM to 9:00AM and 2:30 PM to 3:30 PM.
Sweeping shall not be performed on any official holiday, as recognized by the federal government.
Sweeping of streets shall be coordinated with, and follow one day after the City's franchised waste haulers upick-up" days, unless otherwise approved.
Veolia reserves the right to suspend street sweeping functions on a day-to-day basis due any reason, including, but not limited to inclement weather. Scheduled sweeping shall not be cancelled for inclement weather by the Contractor without prior approval of Veolia. Make-up sweeps will not be allowed due to holidays, inclement weather and cancellations without the approval of Veolia.
Contractor shall provide Veolia with a list of all streets not swept when regular sweeping schedule is interrupted for any reason and shall deduct said street(s) from the billing.
Contractor shall provide a list of nonswept streets to Veolia by the end of the workday.
Veolia's notification of any inclement weather cancellations will serve as a nonsweep day and will not be paid for by Veolia unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to Veolia for approval.
Contractor shall provide and regularly update a website link listing the weekly sweeping schedule for use on the City's website.
U.4 Equipment
Contractor shall supply all labor, equipment, supplies and appurtenances to fulfill the requirements of this work. All equipment used for the performance of this contract shall be heavy duty mechanical broom sweeping and vacuum equipment necessary to properly clean streets. Equipment shall be properly maintained both as to condition and appearance so as to insure a high level of street sweeping services, and shall meet all state regulations and requirements.
Quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein within the hours of work specified herein, and an absolute minimum of one (1) primary sweeper shall be provided. In the event that the primary sweeper or sweeper operator is unable to perform, the Contractor shall provide another sweeper with competent operator without interruption in service.
No additional compensation will be provided for supplying another sweeper and/or operator. All sweepers shall be capable of performing to the minimum criteria outlined herein and below, and shall be maintained both mechanically and visually throughout Schedule U
Page4
F – Page 85 of 593
the term of this agreement with capability to insure scheduled routine maintenance and proper adjustment for sweepers. Contractor shall comply with the United States Department of Transportation regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991.
Sweepers must be capable of sweeping a minimum eight-foot (8') width as measured from the outside edge of the gutter broom in a single pass. Street sweepers must have a minimum hopper capacity of three (3) cubic yards.
Sweeper must also be equipped with a left-gutter broom for median work. Alternative street sweepers may be considered at the sole discretion of the Public Works Services Manager, or designated representative .
Sweeping equipment shall be equipped with adequate warning devices and lights for safe operation and shall meet all vehicle operation requirements of the State of California Department of Motor Vehicles and the California Highway Patrol.
Machines must be equipped with an adequate water spray-system for dust control.
All street sweepers shall be equipped with automatic vehicle location device (vehicle location and management system (e.g., GPS) which will report all street sweeping activity to the Contractor.
All units shall be clearly and prominently marked with the contractor's name and unit number.
Contractor must keep a sufficient supply of spare parts, including brooms to insure continuous operation. Brooms shall be replaced periodically and adjusted to insure maximum efficiency. No additional compensation will be made for periodic maintenance or for the replacement of parts to the equipment.
All equipment must be properly registered and insured in accordance with state and local laws. Contractor shall submit proof of ownership or a signed lease for the machinery proposed to be used to perform work under this agreement.
All units shall have the capability of being contacted by their main office with radio or paging equipment.
U.S Extra Street Sweeping Services
Additional street sweeping beyond that listed below in "Location of Work" when requested by Veolia shall be performed at the rate of $24.00 per curb mile.
Any additional sweeping of areas (not streets) requested by Veolia shall be completed for the rate of $85.00 per hour ($95.00 per hour if requested as overtime work hours as shown on an approved schedule).
Schedule U
PageS
F – Page 86 of 593
U.6 Location of Work
Area Swept: Downtown Area
Schedule: Daily (7 times per week)
Limits:
Palm Canyon Drive from Granvia Valmonte to Camino Parocela Indian Canyon Drive from Granvia Valmonte to Camino Parocela Belardo Road from Alejo Road to Ramon Road
Amado Road from Palm Canyon Drive to Indian Canyon Drive Tahquitz Canyon Way from Museum Drive to Indian Canyon Drive Arenas Road from Palm Canyon Drive to Calle Encilia
Baristo Road from Belardo Road to Indian Canyon Drive
Ramon Road from Palm Canyon Drive to Indian Canyon Drive Area Swept: Uptown Area
Schedule: Daily {7 times per week)
Limits:
Palm Canyon Drive from Granvia Valmonte to Vista Chino
Indian Canyon Drive from Granvia Valmonte to Vista Chino Granvia Val monte from Palm Canyon Drive to Indian Canyon Drive El Alameda from Palm Canyon Drive to Indian Canyon Drive Tamarisk Road from Palm Canyon Drive to Indian Canyon Drive Tachevah Drive from Palm Canyon Drive to Indian Canyon Drive Camino Monte Vista from Palm Canyon Drive to Indian Canyon Drive Stevens Road from Palm Canyon Drive to Indian Canyon Drive Area Swept: City Parking Lots
Schedule: One time per week (at 6AM or earlier when lot is empty) Areas:
Blue Coyote Parking Lot:
Fisherman's Market Parking Lot:
Food Court Parking Lot:
Henry Frank Arcade Parking Lot:
Mercado Plaza Parking Lot:
Vineyard Parking Lot:
456 N. Belardo Road
201-235 S. Indian Canyon Drive
400 N. Belardo Road
261-265 N. Indian Canyon Drive
170-198 S. Belardo Road
236-298 S. Belardo Road
Schedule U
Page6
F – Page 87 of 593
Area Swept: Citv Parking Structure
Northwest corner of Indian Canyon Drive/Baristo Road
Schedule: Three times per week
Additional Services: Emptying all trash receptacles and cleaning all elevators.
Area Swept: Arterial Streets
Schedule: One time per week
Limits:
Alejo Road from N. Palm Canyon Drive to Farrell Drive
Amado Road from Belardo Road to Farrell Drive
Andreas Road from Palm Canyon Drive to Indian Canyon Drive Andreas Road from Calle En cilia to Calle Alvarado
Avenida Caballeros from Ramon Road to San Rafael Drive
Aviation Road from Civic Drive to El Cielo Road
Baristo Road from Tahquitz Drive to Indian Canyon Drive Baristo Road from Avenida Caballeros to El Cielo Road
Calle El Segundo from Ramon Road to Alejo Road
Calle Encilia from Ramon Road to Alejo Road
Cerritos Road from Amado Road to Joyce Road
Cerritos Road from E. Palm Canyon Drive to Mesquite Avenue Civic Drive from Baristo Road to Alejo Road
Crossley Road from Dinah Shore Drive to Ramon Road
Escoba Drive from E. Palm Canyon Drive to El Cielo Road El Cielo Road from Escoba Drive to Aviation Road
Golf Club Drive from E. Palm Canyon Drive to Dinah Shore Drive Mesquite Avenue from El Cielo Road to Gene Autry Trail
Racquet Club Road from N. Palm Canyon Drive to Sunrise Way San Rafael Drive from N. Palm Canyon Drive to Sunrise Way Tachevah Drive from N. Palm Canyon Drive to Farrell Drive Area Swept: All other public City streets
Schedule: One time per month
Area Swept: Special Events/Parades
Schedule: One time following scheduled event
Events: Tour de Palm Springs (January)
Mayor's Race & Wellness Festival (January)
Black History Month Parade (late February)
Palm Springs High School Homecoming Parade (late October/November) Greater Palm Springs Pride Parade (early November)
Veteran 's Day Parade (November 11)
Festival of Lights Parade (early December)
Schedule U
Page7
F – Page 88 of 593
U.7 Street Sweeping Services Budget
The annual budget limit for Street Sweeping Services effective on the Commencement Date of this Agreement is hereby established at $325,000.
U.S Modifications
This Schedule U may be amended and replaced from time to time to incorporate adjustments to the list of streets or areas for street sweeping, or the frequency of street sweeping, or to incorporate adjustments to the annual budget limit for Street Sweeping Services, all of which may be reflected in an Administrative Contract Memorandum approved by the Contract Officer and Veolia.
Schedule U
PageS
F – Page 89 of 593
ADMINISTRATIVE CONTRACT MEMORANDUM NO. 4
This Administrative Contract Memorandum No. 4 (this “Administrative Contract Memorandum”) is made as of January 7, 2026, by Veolia Water West Operating Services, Inc., a Delaware corporation, (“Veolia”), and the City of Palm Springs, a California charter city and municipal corporation (“City”).
Veolia and City are collectively herein referred to as the “Parties.” This Administrative Contract Memorandum is made in reference to the following recitals.
WITNESSETH:
WHEREAS, Veolia and City entered into that certain Wastewater Services Agreement (O&M) dated as of November 4, 2015, commencing January 1, 2016, (as amended, the “Agreement”); and.
WHEREAS, Section 14.5 “Integration; Amendment,” of the Agreement authorizes that where specifically authorized in the Agreement, this Administrative Contract Memorandum may be used as an amendment administratively approved by the Parties through approval by the Contract Officer and an authorized representative of Veolia without further formal action by the City Council; and WHEREAS, the Parties have negotiated in good faith to amend the terms and conditions of the Agreement pursuant to this Administrative Contract Memorandum, as authorized by Section 14.5 of the Agreement.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1. DEFINITIONS. For the purposes of this Administrative Contract Memorandum, the following words and terms shall have the respective meanings set forth as follows. Any other capitalized word or term used but not defined herein is used as defined in the Agreement.
SECTION 1.2. INTERPRETATION. In this Administrative Contract Memorandum, unless the context otherwise requires:
(A) References Hereto. The terms “hereto”, “hereby”, “hereof”, “herein”, “hereunder” and any similar terms refer to this Administrative Contract Memorandum, and the term "hereafter" means after, and the term “heretofore” means before, the date of execution and delivery of this Administrative Contract Memorandum. (B) Plurality. Words importing the singular number mean and include the plural number and vice versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals.
ACM #4
F – Page 90 of 593
(D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Administrative Contract Memorandum shall be solely for convenience of reference and shall not constitute a part of this Administrative Contract Memorandum, nor shall they affect its meaning, construction or effect.
(E) Entire Agreement. This Administrative Contract Memorandum constitutes the entire agreement between the Parties hereto with respect to the amendment(s) to the Agreement contemplated by this Administrative Contract Memorandum. Except as provided in the Agreement with respect to the City Indemnified Parties, nothing in this Administrative Contract Memorandum is intended to confer on any person other than the Veolia, the City and their permitted successors and assigns hereunder any rights or remedies under or by reason of this Administrative Contract Memorandum. (F) Counterparts. This Administrative Contract Memorandum may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Administrative Contract Memorandum.
(G) Applicable Law. This Administrative Contract Memorandum shall be governed by and construed in accordance with the applicable laws of the State of California. (H) Severability. If any clause, provision, subsection, Section or Article of this Administrative Contract Memorandum shall be ruled invalid by any court of competent jurisdiction, the invalidity of any such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Administrative Contract Memorandum shall be construed and enforced as if such invalid portion did not exist provided that such construction and enforcement shall not increase the Parties' liability beyond that expressly set forth herein. (I) Approvals. All approvals, consents and acceptances required to be given or made by any party hereto shall be at the sole discretion of the party whose approval, consent or acceptance is required. (J) Payments. All payments required to be made by the Parties hereunder shall be made in lawful money of the United States of America.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
SECTION 2.1. REPRESENTATIONS AND WARRANTIES. The Parties hereby represent and warrant that:
(1) Existence and Powers. Veolia is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, with the full legal right, power and authority to enter into and perform its obligations under this Administrative Contract Memorandum.
City is a charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, with the full legal right, power and ACM #4
F – Page 91 of 593
authority to enter into and perform its obligations under this Administrative Contract Memorandum. (2) Due Authorization and Binding Obligation. This Administrative Contract Memorandum has been duly authorized, executed and delivered by all necessary corporate action of Veolia and authorization by the City, and constitutes the legal, valid and binding obligation of the Parties, enforceable against the Parties in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors' rights from time to time in effect and equitable principles of general application.
(3) No Approvals Required. In accordance with Section 14.5 of the Agreement, no approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Body is required for the valid execution and delivery of this Administrative Contract Memorandum by the Parties.
(4) No Legal Prohibition. The Parties have no knowledge of any Applicable Law in effect on the date as of which this representation is being made which would prohibit implementation of the amendment(s) to the Agreement contemplated by this Administrative Contract Memorandum. (5) Consent to Amendment. The Parties are fully aware of the terms and conditions of the Agreement to be amended by this Administrative Contract Memorandum.
(6) Consideration. This Administrative Contract Memorandum is made in furtherance of the implementation of the Agreement, and the assumption by the Parties of their obligations hereunder will result in a material benefit to the Parties.
ARTICLE III
ADMINISTRATIVE AMENDMENT
SECTION 3.1. AMENDMENT. This Administrative Contract Memorandum hereby implements the following amendment to the terms and conditions enumerated herein.
Add the following paragraph to Item U.7 Street Sweeping Services Budget in Schedule U of the agreement:
The annual budget limit for Street Sweeping Services effective January 15, 2026 is hereby established at $450,000.
SECTION 3.2. NOTICE. All notices required or desired to be given hereunder to either party shall be effective if given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, by nationally recognized overnight delivery company, or by telecopy (if telecopy number is listed below, with telephone confirmation of receipt), if addressed or the following addresses or telecopy numbers:
ACM #4
F – Page 92 of 593
If to Veolia:
Veolia Water West Operating Services, Inc.
461 From Road, Suite 400
Paramus, NJ 07652
Attn: President, West Region
With copy to:
Veolia Water West Operating Services, Inc.
100 Federal Street, 3rd Floor
Boston, MA 02110
Attention: General Counsel
Email: [email protected]
If to City:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Manager
Phone: (760) 322-8350
Fax: (760) 323-8207
With copy to:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Attorney
Phone: (760) 323-8202
Fax: (760) 323-8207
[SIGNATURES ON NEXT PAGE]
ACM #4
F – Page 93 of 593
IN WITNESS WHEREOF, the Parties have executed and entered into this Administrative Contract Memorandum as of the date first written above.
CITY OF PALM SPRINGS
By:
Name:
Title:
ATTEST:
By:
Name:
Title: City Clerk
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
VEOLIA WATER WEST OPERATING SERVICES, INC.
By:
Name:
Title:
ACM #4
F – Page 94 of 593
Attachment C
F – Page 95 of 593
January 5, 2026 Via Email Juan Segoviano, PE Senior Civil Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Email: [email protected] Re: Proposal for Administrative Contract Memorandum (ACM) #5 Dear Mr. Segoviano:
This letter serves to formally present to you and the City of Palm Springs with a proposed Administrative Contract
Memorandum
(based
on
the
form
in
the
Veolia-Palm
Springs
contract),
designated
as
ACM
#5,
for
the
Operation
and
Maintenance
(O&M)
of
the
recently
constructed
Bogert
Trail
Lift
Station
(Lift
Station
#6).
Based
on
Veolia’s
costs,
finalized
by
our
structuring
team
and
validated
through
consultations
with
project
staff,
we
propose
an
annual
fee
of
$14,915
for
the
O&M
of
Lift
Station
#6.
The
operational
scope
for
the
new
lift
station
encompasses
the
following:
● Emergency response ● Monthly preventative maintenance ● SCADA monitoring and alarm management ● Existing staff management of the workload, supplemented with overtime as necessary.
Should you require further clarification or information, please do not hesitate to contact me at the facility.
Sincerely,
Doug
Loar
Project Leader Veolia Water West Operating Services, Inc. / Palm Springs Enclosures: ACM #5, Bogert Trail Lift Station Cc: Joel Montalvo M.P.A., PE, City Engineer ([email protected]) Francisco Jaime, PE, Principal Engineer ([email protected]) Allen Janisch, Project Manager ([email protected]) Veolia Water West Operating Services, Inc. Palm Springs Project 4375 E. Mesquite Avenue, Palm Springs, CA 92264 Tel 760-323-8166 / Fax 760-325-5747
F – Page 96 of 593
ADMINISTRATIVE CONTRACT MEMORANDUM NO. 5
This Administrative Contract Memorandum No. 5 (this “Administrative Contract Memorandum”) is made
as
of
the
day
of
January
5,
2026,
by
Veolia
Water
West
Operating
Services,
Inc.,
a
Delaware
corporation
(“Veolia”),
and
the
City
of
Palm
Springs,
a
California
charter
city
and
municipal
corporation
(“City”).
Veolia
and
City
are
collectively
herein
referred
to
as
the
“Parties.”
This
Administrative
Contract
Memorandum
is
made
in
reference
to
the
following
recitals.
WITNESSETH:
WHEREAS, Veolia and City entered into that certain Wastewater Services Agreement (O&M) dated
as
of
November
4,
2015,
commencing
January
1,
2016,
(as
amended,
the
“Agreement”);
and.
WHEREAS, Section 14.5 “Integration; Amendment,” of the Agreement authorizes that where specifically
authorized
in
the
Agreement,
this
Administrative
Contract
Memorandum
may
be
used
as
an
amendment
administratively
approved
by
the
Parties
through
approval
by
the
Contract
Officer
and
an
authorized
representative
of
Veolia
without
further
formal
action
by
the
City
Council;
and
WHEREAS, the Parties have negotiated in good faith to amend the terms and conditions of the Agreement
pursuant
to
this
Administrative
Contract
Memorandum,
as
authorized
by
Section
14.5 of
the
Agreement.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1. DEFINITIONS. For the purposes of this Administrative Contract Memorandum, the following
words
and
terms
shall
have
the
respective
meanings
set
forth
as
follows.
Any
other
capitalized
word
or
term
used
but
not
defined
herein
is
used
as
defined
in
the
Agreement.
SECTION 1.2. INTERPRETATION. In this Administrative Contract Memorandum, unless the context otherwise
requires:
(A) References Hereto. The terms “hereto”, “hereby”, “hereof”, “herein”, “hereunder” and any similar terms
refer
to
this
Administrative
Contract
Memorandum,
and
the
term
“hereafter”
means
after,
and
the
term
"heretofore"
means
before,
the
date
of
execution
and
delivery
of
this
Administrative
Contract
Memorandum.
(B)
Plurality.
Words
importing
the
singular
number
mean
and
include
the
plural
number
and
vice
versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited
partnerships,
trusts,
business
trusts,
corporations
and
other
legal
entities,
including
public
bodies,
as
well
as
individuals.
ACM #5 Page 1
F – Page 97 of 593
(D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections
of
this
Administrative
Contract
Memorandum
shall
be
solely
for
convenience
of
reference
and
shall
not
constitute
a
part
of
this
Administrative
Contract
Memorandum,
nor
shall
they
affect
its
meaning,
construction
or
effect.
(E) Entire Agreement. This Administrative Contract Memorandum constitutes the entire agreement between
the
Parties
hereto
with
respect
to
the
amendment(s)
to
the
Agreement
contemplated
by
this
Administrative
Contract
Memorandum.
Except
as
provided
in
the
Agreement
with
respect
to
the
City
Indemnified
Parties,
nothing
in
this
Administrative
Contract
Memorandum
is
intended
to
confer
on
any
person
other
than
the
Veolia,
the
City
and
their
permitted
successors
and
assigns
hereunder
any
rights
or
remedies
under
or
by
reason
of
this
Administrative
Contract
Memorandum.
(F) Counterparts. This Administrative Contract Memorandum may be executed in any number of original counterparts.
All
such
counterparts
shall
constitute
but
one
and
the
same
Administrative
Contract
Memorandum.
(G) Applicable Law. This Administrative Contract Memorandum shall be governed by and construed in accordance
with
the
applicable
laws
of
the
State
of
California.
(H) Severability. If any clause, provision, subsection, Section or Article of this Administrative Contract Memorandum
shall
be
ruled
invalid
by
any
court
of
competent
jurisdiction,
the
invalidity
of
any
such
clause,
provision,
subsection,
Section
or
Article
shall
not
affect
any
of
the
remaining
provisions
hereof,
and
this
Administrative
Contract
Memorandum
shall
be
construed
and
enforced
as
if
such
invalid
portion
did
not
exist
provided
that
such
construction
and
enforcement
shall
not
increase
the
Parties'
liability
beyond
that
expressly
set
forth
herein.
(I) Approvals. All approvals, consents and acceptances required to be given or made by any party hereto shall
be
at
the
sole
discretion
of
the
party
whose
approval,
consent
or
acceptance
is
required.
(J) Payments. All payments required to be made by the Parties hereunder shall be made in lawful money of
the
United
States
of
America.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
SECTION 2.1. REPRESENTATIONS AND WARRANTIES. The Parties hereby represent and warrant that:
(1) Existence and Powers. Veolia is a corporation duly organized, validly existing and in good
standing
under
the
laws
of
the
State
of
Delaware,
with
the
full
legal
right,
power
and
authority
to
enter
into
and
perform
its
obligations
under
this
Administrative
Contract
Memorandum.
ACM #5 Page 2
F – Page 98 of 593
City is a charter city and municipal corporation, organized and existing in the County of Riverside,
under
and
by
virtue
of
the
laws
of
the
State
of
California,
with
the
full
legal
right,
power
and
authority
to
enter
into
and
perform
its
obligations
under
this
Administrative
Contract
Memorandum.
(2) Due Authorization and Binding Obligation. This Administrative Contract Memorandum
has
been
duly
authorized,
executed
and
delivered
by
all
necessary
corporate
action
of
Veolia
and
authorization
by
the
City,
and
constitutes
the
legal,
valid
and
binding
obligation
of
the
Parties,
enforceable
against
the
Parties
in
accordance
with
its
terms,
except
to
the
extent
that
its
enforceability
may
be
limited
by
bankruptcy,
insolvency
or
other
similar
laws
affecting
creditors'
rights
from
time
to
time
in
effect
and
equitable
principles
of
general
application.
(3) No Approvals Required. In accordance with Section 14.5 of the Agreement, no approval,
authorization,
order
or
consent
of,
or
declaration,
registration
or
filing
with,
any
Governmental
Body
is
required
for
the
valid
execution
and
delivery
of
this
Administrative
Contract
Memorandum
by
the
Parties.
(4) No Legal Prohibition. The Parties have no knowledge of any Applicable Law in effect on
the
date
as
of
which
this
representation
is
being
made
which
would
prohibit
implementation
of
the
amendment(s)
to
the
Agreement
contemplated
by
this
Administrative
Contract
Memorandum.
(5) Consent to Amendment. The Parties are fully aware of the terms and conditions of the Agreement
to
be
amended
by
this
Administrative
Contract
Memorandum.
(6) Consideration. This Administrative Contract Memorandum is made in furtherance of the implementation
of
the
Agreement,
and
the
assumption
by
the
Parties
of
their
obligations
hereunder
will
result
in
a
material
benefit
to
the
Parties.
ARTICLE III
ADMINISTRATIVE AMENDMENT
SECTION 3.1. AMENDMENT. This Administrative Contract Memorandum hereby implements the following
amendment
to
the
terms
and
conditions
enumerated
herein.
(a) Bogert Trail Lift Station (Lift Station #6) is hereby added to the Lift Stations to be operated and maintained
by
Veolia
in
a
similar
manner
to
the
other
Lift
Stations
described
on
Schedule
A.3
of
the
Agreement.
(b) In connection with adding Lift Station #6 to the scope of Veolia’s Services, Veolia’s annual O&M Fee
shall
be
increased
by
$14,915
annually
($1,242.92
monthly). SECTION 3.2. NOTICE. All notices required or desired to be given hereunder to either party shall be effective
if
given
by
personal
delivery,
certified
or
registered
mail,
postage
prepaid,
return
receipt
requested,
by
nationally
recognized
overnight
delivery
company,
or
by
telecopy
(if
telecopy
number
is
listed
below,
with
telephone
confirmation
of
receipt),
if
addressed
or
the
following
addresses
or
telecopy
numbers:
ACM #5 Page 3
F – Page 99 of 593
If to Veolia: Veolia Water West Operating Services, Inc. 461 From Road, Suite 400 Paramus, NJ 07652 Attn: President, West Region With copy to:
Veolia Water West Operating Services, Inc.
100
Federal
Street,
3rd
Floor
Boston,
MA
02110
Attention:
General
Counsel
Email:
[email protected]
If to
City:
City of Palm Springs
3200
Tahquitz
Canyon
Way
Palm
Springs,
California
92262
Attention:
City
Manager
Phone:
(760)
322-8350
Fax:
(760)
323-8207
With copy to:
City of Palm Springs
3200
Tahquitz
Canyon
Way
Palm
Springs,
California
92262
Attention:
City
Attorney
Phone:
(760)
323-8202
Fax:
(760)
323-8207
[SIGNATURES ON NEXT PAGE]
ACM #5 Page 4
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IN WITNESS WHEREOF, the Parties have executed and entered into this Administrative Contract
Memorandum
as
of
the
date
first
written
above.
CITY OF PALM SPRINGS
By:
Name:
Title:
ATTEST
:
By:
Name:
Title:
City
Clerk
APPROVED
AS
TO
FORM:
By:
Name:
Title:
City
Attorney
VEOLIA WATER WEST OPERATING SERVICES, INC.
By:
Name:
Title:
ACM #5 Page 5
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Attachment D
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October 20, 2025
Via Email
Juan Segoviano, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Email: [email protected]
Re: Proposal for Administrative Contract Memorandum (ACM) #6
Dear Mr. Segoviano:
This letter serves to formally present to you and the City of Palm Springs with a proposed amendment for the Operation and Maintenance (O&M) of the recently constructed John Zink Biogas Flare system, Westec Biogas Holder, Crowley Ferrous Injection system and the new Digester, designated as Administrative Contract Memorandum (ACM) #6. Based on Veolia’s costs, finalized by our structuring team and validated through consultations with project staff and other local Veolia operated sites with similar equipment, we propose an annual fee of $218,692 for the operations and maintenance of the newly-constructed systems. We also propose an annual Ferrous Chloride budget of $250k for Veolia to purchase the Ferrous Chloride required for the new systems at Veolia’s cost plus 15%, similar to what we do with the biosolids hauling and fleet maintenance in our current O&M agreement.
Should you require further clarification or information, please do not hesitate to contact me at the facility.
Sincerely,
Doug Loar
Project Leader
Veolia Water West Operating Services, Inc. / Palm Springs
Enclosures: ACM #6 Digester, Flare, Gas Holder, Ferrous Injection Cc: Joel Montalvo M.P.A., PE, City Engineer ([email protected]) Francisco Jaime, PE, Principal Engineer ([email protected]) Allen Janisch, Project Manager ([email protected])
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Salaries and benefits $105,103 1 FTE Grade III operator.
Dues and subscriptions $640
Licensing, training, exam fee and cert
renewal.
Business insurance $3,328
Allocation based on revenue, performance
bond and liability coverage.
Communications $1,200 Mobile/cellular.
Outside Services $29,842 Environmental services and testing.
Lab and Safety supplies $13,003 Lab supply and services, H&S supplies.
Maintenance & repairs $8,000
Based on our experience at Rialto, using
CMMS data.
Taxes $668
Total Other Expenses $8,000 CMMS integration, incidental sub uses.
Total Cost of Sales $169,784
Overhead 12% $20,374 Management and administrative costs.
Total Cost of Sales with OH $190,158
Margin 15% $28,524
Total Fee Annually $218,682
Total Fee Monthly $18,223
Exhibit A
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ADMINISTRATIVE CONTRACT MEMORANDUM NO. 6
This Administrative Contract Memorandum No. 6 is made as of October 20, 2025, by Veolia Water West Operating Services, Inc., a Delaware corporation, (“Veolia”), and the City of Palm Springs, a California charter city and municipal corporation, (“City”). Veolia and City are collectively herein referred to as the “Parties.” This Administrative Contract Memorandum No. 6 is made in reference to the following recitals.
WITNESSETH:
WHEREAS, Veolia and City entered into that certain Wastewater Services Agreement (O&M) dated as of November 4, 2015, commencing January 1, 2016, (the “Agreement”); and WHEREAS, Section 14.5 “Integration; Amendment,” of the Agreement authorizes that where specifically authorized in the Agreement, this Administrative Contract Memorandum may be used as an amendment administratively approved by the Parties through approval by the Contract Officer and an authorized representative of Veolia without further formal action by the City Council; and
WHEREAS, the Parties have negotiated in good faith to amend the terms and conditions of the Agreement pursuant to this Administrative Contract Memorandum No. 6, as authorized by Section 14.5 of the Agreement.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1. DEFINITIONS. For the purposes of this Administrative Contract Memorandum, the following words and terms shall have the respective meanings set forth as follows. Any other capitalized word or term used but not defined herein is used as defined in the Agreement.
SECTION 1.2. INTERPRETATION. In this Administrative Contract Memorandum, unless the context otherwise requires:
(A) References Hereto. The terms “hereto”, “hereby”, “hereof”, “herein”, “hereunder” and any similar terms refer to this Administrative Contract Memorandum, and the term “hereafter” means after, and the term “heretofore” means before, the date of execution and delivery of this Administrative Contract Memorandum.
(B) Plurality. Words importing the singular number mean and include the plural number and vice versa.
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(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals.
(D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Administrative Contract Memorandum shall be solely for convenience of reference and shall not constitute a part of this Administrative Contract Memorandum, nor shall they affect its meaning, construction or effect. (E) Entire Agreement. This Administrative Contract Memorandum constitutes the entire agreement between the Parties hereto with respect to the amendment(s) to the Agreement contemplated by this Administrative Contract Memorandum. Except as provided in the Agreement with respect to the City Indemnified Parties, nothing in this Administrative Contract Memorandum is intended to confer on any person other than the Veolia, the City and their permitted successors and assigns hereunder any rights or remedies under or by reason of this Administrative Contract Memorandum.
(F) Counterparts. This Administrative Contract Memorandum may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Administrative Contract Memorandum.
(G) Applicable Law. This Administrative Contract Memorandum shall be governed by and construed in accordance with the applicable laws of the State of California. (H) Severability. If any clause, provision, subsection, Section or Article of this Administrative Contract Memorandum shall be ruled invalid by any court of competent jurisdiction, the invalidity of any such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Administrative Contract Memorandum shall be construed and enforced as if such invalid portion did not exist provided that such construction and enforcement shall not increase the Parties' liability beyond that expressly set forth herein.
(I) Approvals. All approvals, consents and acceptances required to be given or made by any party hereto shall be at the sole discretion of the party whose approval, consent or acceptance is required.
(J) Payments. All payments required to be made by the Parties hereunder shall be made in lawful money of the United States of America.
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ARTICLE II
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
SECTION 2.1. REPRESENTATIONS AND WARRANTIES. The Parties hereby represent and warrant that:
(1) Existence and Powers. Veolia is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, with the full legal right, power and authority to enter into and perform its obligations under this Administrative Contract Memorandum.
City is a charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, with the full legal right, power and authority to enter into and perform its obligations under this Administrative Contract Memorandum.
(2) Due Authorization and Binding Obligation. This Administrative Contract Memorandum has been duly authorized, executed and delivered by all necessary corporate action of Veolia and authorization by the City, and constitutes the legal, valid and binding obligation of the Parties, enforceable against the Parties in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors' rights from time to time in effect and equitable principles of general application.
(3) No Approvals Required. In accordance with Section 14.5 of the Agreement, no approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Body is required for the valid execution and delivery of this Administrative Contract Memorandum by the Parties.
(4) No Legal Prohibition. The Parties have no knowledge of any Applicable Law in effect on the date as of which this representation is being made which would prohibit implementation of the amendment(s) to the Agreement contemplated by this Administrative Contract Memorandum.
(7) Consent to Amendment. The Parties are fully aware of the terms and conditions of the Agreement to be amended by this Administrative Contract Memorandum. (8) Consideration. This Administrative Contract Memorandum is made in the furtherance of the implementation of the Agreement, and the assumption by the Parties of their obligations hereunder will result in a material benefit to the Parties.
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ARTICLE III
ADMINISTRATIVE AMENDMENT
SECTION 3.1. AMENDMENT. This Administrative Contract Memorandum (“ACM”) hereby implements the following amendment to the terms and conditions enumerated herein.
The City has undertaken a Capital Project to add a John Zink flare, a Westec Biogas Holder, a Crowley Ferrous Injection system, and a new Digester (the “Additional Assets”) to the Treatment Facility. The addition of the Additional Assets gives rise to a Capital Program Adjustment pursuant to Sections 5.3(h) and 7.4(a) of the Agreement. As of the date of this Amendment, the Additional Assets will be added to the Managed Assets and will be operated and maintained similarly to the rest of the Managed Assets forth in Schedule F of the Agreement.
The Additional Assets are subject to new compliance regulations set forth in the City’s existing updated South Coast Air Quality Management District (“AQMD”) permit #G44648 for the Waste Water Treatment Plant and the new Flare Permit #G74890.
The new Flare Permit requires initial source testing within 180 days of initial startup. Veolia will facilitate this testing as part of this proposed ACM. If initial source testing fails to meet specified standards, the City’s Construction Contractor shall, at the Construction Contractor’s sole cost and expense, implement all necessary corrective measures and successfully complete repeat source testing to the City’s satisfaction. Veolia will have no liability whatsoever in connection with a failed source test.
The operational scope for the Additional Assets will encompass the following:
● Compliance monitoring
● Data collection and management
● Daily regulatory testing
● Daily, weekly & monthly preventative maintenance
● SCADA monitoring and alarm management
The additional fee for the operation and maintenance of the Additional Assets is $218, 692 annually. This additional fee will be added to the current annual O&M Fee of $4,567,814 for a total annual O&M Fee of $4,786,506.
The City selected the addition of Ferrous Chloride (“FC”) as the method to meet AQMD requirements for the new flare associated with the Additional Assets. The City and Veolia agreed that the addition of the FC chemical would be a pass through expense to the City at Veolia’s cost for the FC plus 15%, with a budget established for Veolia, similar to Biosolids, Street Sweeping, and Rolling Stock Maintenance in the Agreement. The initial proposed budget of $250,00 for FC is set forth below. The daily quantities are an estimate and may vary depending on how the
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process reacts to the addition of the FCs, and the City will reimburse Veolia for all FC costs, plus markup if actual usage exceeds estimated amounts.
Ferrous Chloride Budget – Cost +15%
Estimate on Quantity Dosed Annually:
Material
Quantity per
Day in lbs.
Cost per
Pound
Pounds
per Day Subtotal
15%
Markup Total
Ferrous
Chloride 2110 $0.28 $590.80 $215,642.00 $32,346.30 $247,988.30
Annual Ferrous Chloride Budget, to be adjusted as necessary - $250,000
SECTION 3.2. NOTICE. All notices required or desired to be given hereunder to either party shall be effective if given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, by nationally recognized overnight delivery company, or by telecopy (if telecopy number is listed below, with telephone confirmation of receipt), if addressed or the following addresses or telecopy numbers:
If to Veolia:
President
Veolia Water West Operating Services, Inc.
15455 N. Greenway Hayden Loop C-15
Scottsdale, AZ 85260
With copies to:
General Counsel
Veolia North America
100 Federal Street, 3rd Floor
Boston, MA 02110
Email: [email protected]
If to City:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Manager
Phone: (760) 322-8350 Fax: (760) 323-8207
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With copies to:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Attorney
Phone: (760) 323-8202 Fax: (760) 323-8207
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have executed and entered into this Administrative Contract Memorandum as of the date first written above.
CITY OF PALM SPRINGS
By:
Name:
Title:
ATTEST:
By:
Name:
Title: City Clerk
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
VEOLIA WATER WEST OPERATING SERVICES, INC.
By:
Name:
Title:
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Attachment E
Click for Veolia Agreement
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CITY COUNCIL STAFF REPORT
DATE: March 25, 2026 CONSENT CALENDAR
SUBJECT: APPROVE CONSTRUCTION CONTRACT NO. 26B040 WITH DESERT FIRE EXTINGUISHER CO. INC., FOR COMPREHENSIVE FIRE
SUPPRESSION SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This action will approve a construction contract with Desert Fire Extinguisher Co., Inc., for comprehensive fire suppression system services and fire extinguisher maintenance, testing, inspections, repairs, design and installation service in an amount not to exceed $975,000 for the initial three-year term.
RECOMMENDATION:
1. Approve Construction Contract No. 26B040 with Desert Fire Extinguisher Co., Inc., to provide comprehensive fire suppression services for an amount not to exceed $975,000 beginning April 1, 2026, through March 31, 2029, 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 February 26, 2026, Desert Fire Extinguisher Co., Inc., is registered in the state of California.
BACKGROUND:
The City of Palm Springs requires services from a licensed and qualified firm to provide comprehensive fire suppression system services for City owned and maintained facilities for the Public Works department. These services are critical to ensuring life safety and maintaining compliance with state and local fire codes.
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City Council Staff Report
March 25, 2026 -- Page 2
Approve Contract No. 26B040 with Desert Fire Extinguisher 8 1
0 On March 23, 2023, the City Council awarded Contract Services Agreement No. 23B046 to Desert Fire Extinguisher Co., Inc., following a competitive bidding process (IFB 23-17) for fire suppression maintenance services. Agreement 23B046, which expires March 31, 2026, was established for a three-year term with a total contract amount of $300,000 and has been successfully performed by the contractor.
During the performance period of Agreement 23B046, staff identified opportunities to improve operational efficiency through an expanded service model. Agreement 23B046 is limited to routine maintenance, testing, and inspection services, requiring the City to separately procure design and installation services. As the City continues to invest in its infrastructure, staff determined that combining these services would streamline project delivery and ensure continuity of safety standards across all fire protection work.
Rather than extend Agreement 23B046, staff determined that a new competitive procurement would better serve the City's evolving needs and ensure all qualified contractors could compete for the expanded scope. The new solicitation expands the scope of services beyond only the maintenance services provided under Agreement 23B046 to include design and installation services for new construction and renovations, along with essential system upgrades.
Construction Contract No. 26B040 will provide continuity of services following the expiration of the existing Agreement 23B046 while expanding the scope to include design and installation services in addition to the ongoing maintenance, testing, and inspection services.
STAFF ANALYSIS:
An Invitation for Bids (IFB 26-02) was initiated by the City’s Procurement and Contracting Department on February 2, 2026, based on the Department of Public Works specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the February 26, 2026, deadline as follows:
Vendor Bid
Desert Fire Extinguisher Co., Inc. – Palm Springs, CA $1,623,610.50 Independent Fire Group, Inc. – Commerce, CA $1,925,949.00 Majestic Fire Inc. – Sherman Oaks, CA $2,376,756.40
Siemens – San Diego, CA $3,089,467.40
Construction Contract 26B040 with Desert Fire Extinguisher Co., Inc., is an on call, as needed type services 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.
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City Council Staff Report
March 25, 2026 -- Page 3
Approve Contract No. 26B040 with Desert Fire Extinguisher 8 1
0 Staff recommend approval of Contract No. 26B040 in an amount not to exceed $975,000 with Desert Fire Extinguisher Co., Inc., as the lowest, responsive, responsible bidder, effective from April 1, 2026, through March 31, 2029, subject to two one-year optional renewals at the sole discretion of the City. The unit pricing is fixed for the first year and subject to a CPI increase in the following 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:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
Funds are budgeted and available in the following accounts, and will be budgeted in subsequent fiscal years.
5206570-40105, and 50119 – Facilities Maintenance
2603205-50119 – Public Works Measure J Deferred Maintenance 2603080-80000 – Measure J Capital Projects
REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director Of Public Works: David McAbee
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Construction Contract No. 26B040
B. Public Integrity Disclosure – Desert Fire Extinguisher Co., Inc.
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ATTACHMENT A
Agreement No. 26B040
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55575.18100\42920836.2
Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT 26B040
COMPREHENSIVE FIRE SUPPRESSION SERVICES
1. PARTIES AND DATE.
This Contract is made and entered into this 1 day of April 2026 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Desert Fire Extinguisher Co., Inc , a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in provi ding fire suppression system and fire extinguisher maintenance, testing, inspections, repairs, design and installation related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C16, C10.
2.3 Project. City desires to engage Contractor to render such services for animal shelter shade structure installation services (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond and insurance documents as required by the Contract.
3. TERMS
3.1 Compensation and Payment.
3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of nine hundred seventy five thousand Dollars and zero cents ($975,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the
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City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the C ity and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prompt Payment . City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant t o state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Substitutions for Contract Retentions . Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective
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subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work . As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor and Material Releases . Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Period of Performance and Liquidated Damages.
3.2.1 Contractor shall perform and complete all Work under this Contract within 3 years, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.
Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damag e. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of zero Dollars ($ 0.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
3.2.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters 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); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of
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replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.3 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Schedule of Compensation (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Executive Order N-6-22 Certification (Exhibit “G”)
• Fleet Compliance Certification (Exhibit “H”)
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.4 Contractor’s Basic Obligation; Scope of Work.
3.4.1 Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.
Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.4.2 Change in Scope of Work . Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.4.3 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be
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limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark- ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
3.4.4 Changes Ordered By City . City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.4.5 Changes Requested By Contractor . With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) day s, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty -five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty -five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an
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“or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests.
Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Condi tions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.6 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below -referenced compensation in accordance with compensation provisions set forth in the Contract.
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3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of Work . Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1-1/2) times the basic rate for that worker.
3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship
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Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.
Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from suc h stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulat ing discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit . Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbanc e of more than one acre of total land
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area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3. 10.1.1, 3. 10.1.2, 3. 10.1.3, and 3.10. 1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract . Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to
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be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification,
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City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Cont ract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.10.8 Air Quality. Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the air pollution control distr ict or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit H ” may render the Bid non- responsive.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Com pliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is re sponsible under its indemnity obligations provided for in this Agreement.
3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has
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made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money– will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City . A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work,
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and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.12.4.8 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.12.5 City’s Response . Upon receipt of a C laim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the C laim will be processed and made within 60 days after the City issues its written statement.
3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the C laim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
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3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 D ays (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the C laim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.12.8 Procedures After Mediation. If following the mediation, the C laim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.
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3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
3.12.9.1 Within 60 D ays, but no earlier than 30 D ays, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Di scovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.12.10 Government Code Claim Procedures.
3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
3.12.10.2 In addition to any and all C ontract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contrac tor may not file any action against the City.
3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated C laims that arise after the Government Code claim is submitted.
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3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminat e this C ontract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.14 Indemnification.
3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its o fficials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
3.14.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or othe r proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract , and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.15 Insurance.
3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has
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secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
3.15.3 Insurance Endorsements . The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37
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10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage pro vided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents an d volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been gi ven to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builders’/All Risk Policy Requirements . The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.15.5 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work
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performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.15.7 Deductibles and Self -Insurance Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related inves tigation costs, claims and administrative and defense expenses.
3.15.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provi ded or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
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3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. N o further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be consider ed qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non- conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the bene fit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
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3.18 Employee/Labor Certifications.
3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is 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 undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, mat erials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 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 Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract 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 Contract.
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3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, 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 Contract, and in executing this Contract, 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, demot ion 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 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
3.21 General Provisions.
3.21.1 City’s Representative. The City hereby designates Aaron Ber geson, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
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3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Desert Fire Extinguisher Co., Inc.
Attention: Garrett Williams
558 E. Industrial Place
Palm Springs, CA 92264
Tel: (760) 322-0995
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.21.8 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract , the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
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3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Regist rar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.21.17 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.21.18 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects.
3.22 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 compli ance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “H” (Russian Sanctions Certification), attac hed hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[Signatures on Next Page]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND DESERT FIRE EXTINGUISHER CO., INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By
Date
Signature
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 – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SERVICES / SCHEDULE
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SCOPE OF WORK:
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorpor ated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the 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 i n the Contract Documents and any alteration 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 according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfull y fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount pr eviously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
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By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
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)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any
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scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notic e of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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ATTACHMENT B
Public Integrity Disclosure
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CITY COUNCIL STAFF REPORT
DATE: March 25, 2026 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ONE (1) RAPIDVIEW MAINLINE CCTV
CAMERA TRUCK
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This action will authorize issuance of a purchase order for the purchase of one (1) RapidView mainline CCTV (closed circuit television) camera truck in an amount not to exceed $746,488.09, inclusive of a 10% contingency, to replace the current Unit 435. This specialized unit is essential for maintaining municipal sewer infrastructure and supporting ongoing operations and preventative maintenance activities.
RECOMMENDATION:
1. Approve the issuance of a purchase order to Municipal Maintenance Equipment, Inc., for the purchase of one (1) new Ford F-550 4x2 with a 16' box, equipped with a RapidView LLC IBAK PANORAMO 4K + HD mainline CCTV camera system, in an amount not to exceed $746,488.09, inclusive of a 10% contingency.
2. After delivery of the new vehicle, declare the existing vehicle (Unit 435) being replaced as surplus, waive the equipment requirements of 7.07.020 (5) of the Palm Springs Municipal Code and approve the surplus equipment to go directly to auction as authorized by the City Manager or designee.
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment A), Municipal Maintenance Equipment, Inc. is registered in the state of California.
BACKGROUND:
On June 5, 1996, the City Council adopted Resolution No. 18834 (Attachment B) establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. However, in the
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past economic recession, the City Council suspended regular vehicle replacements, allowing replacements only on an emergency basis. This created a backlog of vehicles that have higher mileage and worn conditions requiring replacement. In recent years the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.
The City owns the Palm Springs Wastewater Treatment Plant (WWTP) located at 4375 East Mesquite Avenue. The facility is operated and maintained by Veolia Water West Operating Services, Inc. (Veolia) pursuant to Contract Agreement No. A6804 (Attachment C) dated November 4, 2015. Veolia’s operations also include operating and maintaining the City’s wastewater collection system and maintaining the City’s storm water infrastructure.
The CCTV truck is used for Inspection & Condition Assessments. Following cleaning operations, a remote-controlled robotic camera system is deployed to visually inspect the interior of sewer mains. This technology allows for the identification of structural defects (such as cracks, fractures, or collapsed pipes) and maintenance issues without the need for excavation.
STAFF ANALYSIS:
As the age of the City’s existing fleet of vehicles increases, the annual cost to maintain these vehicles also increases. Staff monitor the ongoing operational and maintenance cost of older vehicles and have identified an inventory of vehicles that should be replaced with new vehicles given the accumulated cost of repairs in comparison to the current value of the vehicle.
In accordance with City of Palm Springs Municipal Code Section 7.03.09, “Special Procurement Methods,” Section 5, “Cooperative Purchasing Programs”, the City Council may authorize the acquisition of supplies or services through a joint powers or other cooperative purchasing program with a public entity or association of public agencies or officials, provided that the vendor selected has been selected through a competitive process and the department finds that the competitive process is similar to that contained in Title 7 or adequate to protect the public interest, and that due to economies of scale, the nature of the product, or market conditions, the price of the supplies or services is likely to be less through the cooperative purchase than through the City’s independent purchasing pursuant to Title 7.
Sourcewell is a public agency that conducts competitive solicitations and awards contracts to qualified vendors, allowing participating agencies to benefit from volume pricing and streamlined procurement processes. This cooperative purchasing arrangement provides competitive pricing and efficient procurement to support the operational needs of the Public Works Department through Sourcewell Cooperative Contract #120721-RVL, with authorized dealer Municipal Maintenance Equipment, Inc.,
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for the purchase one (1) new Ford F-550 4x2 with a 16' box, equipped with a RapidView LLC IBAK PANORAMO 4K + HD mainline CCTV camera system and Sourcewell Cooperative Contract #120721-RVL with authorized dealer Municipal Maintenance Equipment, Inc.
Wastewater:
Wastewater has 1 existing vehicle that is 9 years old and requires replacement.
Existing Unit # Year Make/Model Mileage
435 2017 Ford F550 CCTV 26,920
This vehicle is being replaced with the vehicle shown below:
Replacement Make/Model Cost
One (1) Ford F-550 CCTV $678,625.54
Contingency 10% $67,862.55
Total Estimated Cost $746,488.09
*Vehicle Year, Make and Model may change due to availability.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
Sufficient funds for this purchase are available in the Wastewater fund, Account 4207500- 60020.
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REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
City Engineer: Joel Montalvo
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure
B. Resolution No. 18834
C. Veolia Contract
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ATTACHMENT A
Public Integrity Disclosure
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ATTACHMENT B
Resolution No. 18834
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ATTACHMENT C
Veolia Contract (Link)
https://publicportal.palmspringsca.gov/WebLink/
DocView.aspx?id=1452200&dbid=0&repo=CityHall-Primary
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CITY COUNCIL STAFF REPORT
DATE: March 25, 2026 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 5 TO COOPERATIVE PURCHASE AGREEMENT NO. 23C004 WITH TK ELEVATOR CORPORATION FOR
ELEVATOR AND ESCALATOR MAINTENANCE AND REPAIR SERVICES
FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Amendment No. 5 to Cooperative Purchase Agreement No. 23C004 (Agreement) with TK Elevator Corporation (TK Elevator) in the amount of $66,721.16, and extend the term one year, for a revised contract amount not to exceed $737,908.48 to provide elevator and escalator maintenance and repair services for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Amendment No. 5 to Cooperative Purchase Agreement No. 23C004 with TK Elevator Corporation to provide elevator and escalator maintenance and repair services for the Palm Springs International Airport for an additional amount of $66,721.16 and for a revised contract amount not to exceed $737,908.48, and extend the term for one year through April 2, 2027.
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 March 3, 2026, TK Elevator Corporation is a Delaware corporation registered to do business in California.
BACKGROUND:
The Airport has three hydraulic elevators and two escalators that require monthly maintenance and repair services to remain operational for use by Airport passengers,
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8 2
0 tenants and staff. One elevator is located in the main terminal, while the other two elevators, along with both escalators, are located at the Sonny Bono Concourse. These vertical transportation systems provide access between the ground-level Courtyard and the second-level Sonny Bono Concourse, which houses ten passenger gates serving aircraft.
On March 9, 2023, City Council approved Cooperative Purchase Agreement No. 23C004 with TK Elevator Corporation (Attachment C) to provide monthly maintenance and repair services for a three-year term with two one-year extension options, commencing on April 3, 2023, and ending on April 2, 2026, for a total contract amount not to exceed $84,600.
Simultaneously, on March 9, 2023, City Council approved Amendment No. 1 to Agreement No. 23C004 (Attachment D), which was incorporated to revise certain provisions within the Cooperative Purchase Agreement and to include clean-down services for the escalators for an additional amount of $20,510.90, resulting in a revised total contract amount not to exceed $105,110.90.
On June 7, 2023, Amendment No. 2 to Agreement No. 23C004 (Attachment E) was executed to incorporate handrail, demarcation parts, and comb plates to repair a malfunction in the existing escalators components, for an increased contract amount of $66,146.48 and for a revised total contract amount not to exceed $171,257.38.
From June 2023 to September 2023, the Airport’s escalators required eight repairs totaling $82,986.19 and the elevators required three repairs totaling $3,152.52, for a total repair cost of $86,138.71. During ongoing maintenance activities, additional unforeseen services and repairs were identified by TK Elevator. To ensure funding for the monthly preventative maintenance costs and any additional services and repairs, staff determined that it would be necessary to increase the contract compensation for an additional amount of $100,000 for each year of the three-year contract, and a contingency fund in the amount of $60,000 for a total compensation increase of $360,000.
On September 14, 2023, City Council approved Amendment No. 3 to Agreement No. 23C004 (Attachment F) to provide additional elevator and escalator labor and parts necessary to continue services for an additional amount of $360,000, for a revised total contract amount not to exceed $531,257.38.
On August 12, 2025, Amendment No. 4 to Agreement No. 23C004 (Attachment G) was executed to increase compensation by an additional $139,929.94 to provide escalator component replacement and system rehabilitation services for the down escalator, for a revised total contract amount not to exceed $671,187.32, in order to continue maintenance and repair services to ensure the escalators remained operational for the term of the Agreement.
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0 STAFF ANALYSIS:
The current Agreement expires on April 2, 2026. Exercising the first extension option will ensure uninterrupted maintenance and repair services.
The current available contract balance is $65,382.39, which includes pending invoices in the amount of $5,083.52. The proposed annual cost for maintenance and repair services is $31,721.16. In addition, staff recommend allocating an additional $35,000 to cover potential labor and parts as well as unforeseen escalator shutdowns that require a trained technician to respond and restart the equipment. Accordingly, staff recommend increasing the contract compensation by $66,721.16.
Staff recommend approval of Amendment No. 5 to Agreement No. 23C004 with TK Elevator, exercising the first one-year extension option, extending services through April 2, 2027, for an additional amount of $66,721.16, for a revised contract amount not to exceed $737,908.48.
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 a contract for maintenance and repair 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 the City of Palm Springs’ Strategic Plan Broad Goals of Infrastructure and Facilities, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Operational Excellence and Infrastructure.
FISCAL IMPACT:
Sufficient funds are available in Fiscal Years 2025-26 and 2026-27 in the Department of Aviation, Terminal Building Operations Contractional Services Account 4157050.40105.
REVIEWED BY:
Department Director: Harry Barrett Jr.
Procurement and Contracting Manager: Tabitha Richards
City Attorney: Geremy Holm
City Manager: Scott Stiles
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City Council Staff Report
March 25, 2026 -- Page 4
Amendment No. 5 with TK Elevator Corporation
8 2
0 ATTACHMENTS:
A. Cooperative Purchase Amendment No. 5 to Agreement No. 23C004 B. Public Integrity Disclosure
C. Cooperative Purchase Agreement No. 23C004
D. Cooperative Purchase Amendment No. 1 to Agreement No. 23C004 E. Cooperative Purchase Amendment No. 2 to Agreement No. 23C004 F. Cooperative Purchase Amendment No. 3 to Agreement No. 23C004 G. Cooperative Purchase Amendment No. 4 to Agreement No. 23C004
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ATTACHMENT A
AMENDMENT NO. 5 TO AGREEMENT NO. 23C004
WITH TK ELEVATOR CORPORATION
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55575.18100\42913029.1