CITY OF PALM SPRINGS
Regular Meeting Agenda
JULY 8, 2026
4:00 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
To view, listen to, or participate in the meeting live, please contact the Office of the City Clerk at [email protected] or at the telephone number (760) 323- 8204 to register for participation in the Zoom meeting. An email containing the Zoom credentials will be sent upon completion of registration in order to facilitate access to the meeting and enable public comment. Individuals wishing to provide public testimony regarding an item on the agenda are requested to file a speaker card before the Public Testimony portion of the meeting closes.
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 http://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. 4:00 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 Gov. Code § 54956.9(d)(4)
One (1) matter
CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE
TO LITIGATION Gov. Code § 54956.9(d)(2)
One (1) matter
CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Gov. Code
§54956.8
Property:
City
Negotiator:
Negotiating
parties:
Under
negotiation:
APN 677-530-017 (10.32 acres located north
of Ramon Road)
Scott Stiles, City Manager and Jeff Ballinger,
City Attorney
Michael Chesser and Steven Pickett (PSP
Airport, LP)
Price and Terms
CLOSED SESSION ADJOURNMENT:
5:30 PM REGULAR MEETING:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
(A) TRAFFIC SIGNAL SYNCHRONIZATION UPDATE BY
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND
CITY ENGINEERING
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 (Agenda Items Only | Non-Public Hearing Items): 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. MOTION TO READ ORDINANCE BY TITLE ONLY
RECOMMENDATION:
Approve.
1B. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of June 24, 2026 and Special Meeting Minutes of June 30, 2026.
1C. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT 24I149 WITH VALLEY MAIL DELIVERY FOR MAIL
AND COURIER SERVICES
RECOMMENDATION:
1. Approve Amendment No. 2 to Contract Services Agreement 24I149 with Valley Mail Delivery for Mail and Courier Services, to extend the contract through June 30, 2027, and add an additional $60,000 for a revised amount not to exceed
$135,000;
2. Waive Palm Springs Municipal Code Sections 7.03.02(1)(d) and 7.03.04, which require a formal solicitation process;
3. Authorize the City Manager of designee to execute all necessary documents.
1D. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AND AUTHORIZATION TO BID THE 2026 SLURRY SEAL, CITY
PROJECT NO. 26-02
RECOMMENDATION:
1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the 2026 Slurry Seal, City Project 26-02; and
2. Authorize the City Manager to execute all necessary
documents.
1E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2133
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
VARIOUS PROVISIONS OF CHAPTER 5.25 OF THE CITY OF
PALM SPRINGS MUNICIPAL CODE REGARDING VACATION
RENTALS, AMENDING SECTION 2.50.080 REGARDING
APPEALS TO THE ADMINISTRATIVE APPEALS BOARD, AND
ADDING SECTION 3.24.085 APPLYING CALIFORNIA’S SHORT
TERM RENTAL FACILITATOR ACT OF 2025 TO THE CITY
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2133, “AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER 5.25 OF THE CITY OF PALM SPRINGS MUNICIPAL CODE REGARDING VACATION RENTALS, AMENDING SECTION 2.50.080
REGARDING APPEALS TO THE ADMINISTRATIVE APPEALS BOARD,
AND ADDING SECTION 3.24.085 APPLYING CALIFORNIA’S SHORT TERM RENTAL FACILITATOR ACT OF 2025 TO THE CITY.”
1F. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
WITH T.Y. LIN INTERNATIONAL, A CALIFORNIA
CORPORATION, FOR CONSTRUCTION MANAGEMENT
SERVICES, AND INSPECTION AND MATERIALS TESTING
SERVICES IN THE AMOUNT OF $2,707,038 FOR THE EAST
PALM CANYON DRIVE BRIDGE, CITY PROJECT NO. 12-04,
FEDERAL AID PROJECT NO. BRLS 5282(041)
RECOMMENDATION:
1. Approve a Professional Services Agreement with T.Y. Lin International in the amount of $2,707,038 for construction management, and inspection and materials testing services contingent on Caltrans acceptance of the T.Y. Lin overhead rate.
2. Authorize the City Manager to execute all necessary
documents.
1G. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION
NO. 20378, AND DECLARING ALL CITY VOLUNTEERS AND
CITY BOARDS AND COMMISSIONERS TO BE EMPLOYEES OF
THE CITY OF PALM SPRINGS FOR THE PURPOSES OF
WORKERS' COMPENSATION INSURANCE
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING
RESOLUTION NO. 20378, AND DECLARING ALL CITY VOLUNTEERS
AND CITY BOARDS AND COMMISSIONERS TO BE EMPLOYEES OF
THE CITY OF PALM SPRINGS FOR THE PURPOSES OF WORKERS'
COMPENSATION INSURANCE.”
1H. AUTHORIZE THE PURCHASE OF ONE (1) LENCO BEARCAT
ARMORED VEHICLE
RECOMMENDATION:
1. Approve the issuance of a purchase order to Lenco Industries, Inc., for the purchase of one (1) new Lenco BearCat armored vehicle, in an amount not to exceed $449,125, inclusive of a 10% contingency; and
2. Once the new Lenco BearCat has been received and placed into service, declare the existing 2006 Lenco BearCat, Unit 074, surplus, waive the disposition requirements of Section
7.08.02 of the Palm Springs Municipal Code, and authorize the City Manager or designee to donate or transfer the vehicle, on an “as-is, where-is” basis, to an eligible neighboring city, municipal law enforcement agency, or other public agency, or, if no suitable recipient is identified staff will return to City Council prior to surplus of the 2006 Lenco BearCat; and
3. Authorize the City Manager or designee to execute all necessary documents.
1I. ACCEPTANCE OF THE CALIFORNIA BOARD OF FORESTRY AND
FIRE PROTECTION'S DESIGNATION OF THE CITY OF PALM
SPRINGS TO THE FIRE RISK REDUCTION COMMUNITY LIST
RECOMMENDATION:
Receive and file the report regarding the City of Palm Springs' inclusion on the California Board of Forestry and Fire Protection's Fire Risk Reduction Community List (FRRCL).
1J. AWARD CONSTRUCTION CONTRACT AND MAINTENANCE
SERVICE AGREEMENT WITH MATRIX AUDIO VISUAL DESIGN,
INC., FOR COUNCIL CHAMBER AV UPGRADES
RECOMMENDATION:
1. Approve Construction Contract 26B127 (Attachment A) with Matrix Audio Visual Designs, Inc., to provide audio visual (AV) upgrades related construction services in an amount not to exceed $399,070.80;
2. Approve Contract Service Agreement 26B128 (Attachment B) with Matrix Audio Visual Designs, Inc., to provide preventive maintenance services in an amount not to exceed $90,861 for an initial three-year term commencing on the issuance of a notice to proceed (following the one-year warranty period upon completion of 26B127), with two one-year extension options at the City sole discretion;
3. Authorize the City Manager or designee to execute all necessary documents.
1K. A REQUEST BY THE OWNERS OF FOUR HISTORIC
PROPERTIES FOR APPROVAL OF MILLS ACT HISTORIC
PROPERTY PRESERVATION AGREEMENTS, INCLUDING 1633
VIA ROBERTO MIGUEL (HSPB #161), ONE UNIT WITHIN THE
ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT AT 287
TWIN PALMS DRIVE (HSPB # 73 / HD-2), 573 NORTH
CAHUILLA ROAD (HSPB #131), AND 2395 PEBBLE BEACH
DRIVE (HSPB #163)
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. 1633 Via Roberto Miguel APN: 677-233-003.
b. 287 Twin Palms Drive, APN: 511-070-039.
c. 573 N. Cahuilla Road, APN: 505-311-001.
d. 2395 Pebble Beach Drive, APN: 681-242-008.
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
1L. AWARD OF A CONTRACT AND APPROVAL OF TASK ORDERS
FOR THE SOUTH PALM CANYON DRIVE ROAD
RECONFIGURATION, CITY PROJECT 22-21A, INCLUDING
APPROVAL OF A CONSTRUCTION CONTRACT TO EAGLE
PAVING, LLC IN THE AMOUNT OF $2,210,000; APPROVAL OF
A TASK ORDER UNDER ON-CALL AGREMEENT NO. 25Q198
WITH DCCM INFRASTRUCTURE, INC. (FORMERLY
SOUTHSTAR) IN AN AMOUNT NOT TO EXCEED $187,466 FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES;
AND APPROVAL OF A TASK ORDER UNDER ON-CALL
AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA
THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $8,700
TO PROVIDE COMMUNITY WORKFORCE AGREEMENT
ADMINISTRATION
RECOMMENDATION:
1. Award a construction contract to Eagle Paving LLC (Eagle) in the amount of $2,210,000 for the South Palm Canyon Road Reconfiguration, City Project No. 22-21A (“Project”);
2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call
engineering services firm, DCCM Infrastructure, Inc. (DCCM), in an amount not to exceed $187,466;
3. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration
services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $8,700;
4. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $335,000 with all change orders reported to the City Council; and
5. Authorize the City Manager or designee to execute all necessary documents.
1M. AWARD OF A CONTRACT AND APPROVAL OF TASK ORDERS
FOR THE RACQUET CLUB ROAD RECONFIGURATION, CITY
PROJECT 22-21B INCLUDING APPROVAL OF A
CONSTRUCTION CONTRACT TO MATICH CORPORATION IN
THE AMOUNT OF $2,702,313; APPROVAL OF A TASK ORDER
UNDER ON-CALL AGREMEENT NO. 25Q198 WITH DCCM
INFRASTRUCTURE, INC. (FORMERLY SOUTHSTAR) IN AN
AMOUNT NOT TO EXCEED $187,466 FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL
OF A TASK ORDER UNDER ON-CALL AGREEMENT NO 23PO41
WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN
AN AMOUNT NOT TO EXCEED $8,700 TO PROVIDE
COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION
RECOMMENDATION:
1. Award a construction contract to Matich Corporation (Matich) in the amount of $2,702,313 for the Racquet Club Road
Reconfiguration, City Project No. 22-21B (“Project”);
2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call
engineering services firm, DCCM Infrastructure, Inc. (DCCM), in an amount not to exceed $187,466;
3. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration
services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $8,700;
4. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $420,000 with all change orders reported to the City Council; and
5. Authorize the City Manager or his designee to execute all necessary documents.
1N. APPROVE NON-EXCLUSIVE OPERATING AND LEASE
AGREEMENT FOR HANGAR SPACE NO. 26L114 WITH THE
PALM SPRINGS AIR MUSEUM, INC AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
RECOMMENDATION:
1. Approve the Airport Non-Exclusive Operating and Lease Agreement No. 26L114 with the Palm Springs Air Museum,
Inc. (Attachment A) for the lease of 5,927 square feet of hangar floor space at $4.56 per square foot per year, effective July 1, 2026 through July 31, 2028 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.
1O. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT NO. 25Q414 WITH LMN/O2 JOINT-VENTURE
FOR CONVENTION CENTER ARCHITECTURAL AND
ENGINEERING SERVICES
RECOMMENDATION:
1. Approve Amendment No. 1 to Professional Services
Agreement No. 25Q414 (Attachment A) with LMN/o2 JointVenture to provide architectural and engineering services for the convention center renovation and expansion project for an additional amount of $6,309,988.20 and a revised contract amount not to exceed $7,309,988.20; and
2. Authorize the City Manager or designee to execute all necessary documents.
1P. APPROVE AMENDMENT NO. 4 TO CONTRACT SERVICES
AGREEMENT NO. A8535 WITH ABM AVIATION, INC. FOR
PARKING MANAGEMENT SERVICES AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
RECOMMENDATION:
1. Approve, retroactively, Amendment No. 4 to Contract Services Agreement A8535 (Attachment A) with ABM Aviation, Inc., to extend the Agreement term for an additional nine (9) months, June 1, 2026 through February 28, 2027, in the amount of $874,282, and to remove Taxi Starters and Traffic
Enforcement Officers (TEO) for a revised not to exceed
maximum contract amount of $6,419,842 at the Palm Springs International Airport (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.
1Q. DESTRUCTION OF OBSOLETE RECORDS PURSUANT TO THE
ADOPTED RECORDS RETENTION SCHEDULE AND
DESTRUCTION PROCEDURE
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF RECORDS (AS IDENTIFIED ON EXHIBIT “A”) AND
IN COMPLIANCE WITH THE RETENTION SCHEDULE ADOPTED PER
RESOLUTION NO. 25239.”
2. PUBLIC HEARINGS:
2A. APPLICATION BY CHRIS KELLER, APPLICANT
REPRESENTATIVE, FOR HISTORIC SITE DESIGNATION OF
THE LAURENCE HARVEY RESIDENCE LOCATED AT 300 WEST
MERITO PLACE, (APN 505-293-005) CASE: HSPB #180 (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 LAURENCE
HARVEY RESIDENCE AS A CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #180, SUBJECT TO CONDITIONS (APN 505-
293-005).”
2B. APPLICATION BY ROBERT WEINSTEIN FOR HISTORIC SITE
DESIGNATION OF TEMPLE ISAIAH LOCATED AT 332 WEST
ALEJO ROAD, (APN 505-313-007) CASE: HSPB #173
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 TEMPLE ISAIAH AS A
CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #173,
SUBJECT TO CONDITIONS (APN 505-313-007).”
3. BUSINESS & LEGISLATIVE:
3A. REINTRODUCTION AND FIRST READING OF AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 5.55 OF THE PALM
SPRINGS MUNICIPAL CODE
RECOMMENDATION:
Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING CANNABIS CONSUMPTION LOUNGES”.
3B. ADOPT A RESOLUTION APPROVING A PALM TREE TRIMMING
POLICY, AND SUPERSEDING ALL PREVIOUS PALM TREE
TRIMMING PROCEDURES AND POLICIES
RECOMMENDATION:
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING A PALM TREE TRIMMING POLICY, AND
SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING
PROCEDURES AND POLICIES AND FINDING THE POLICY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15304
(MINOR ALTERATIONS TO LAND).” (Attachment A)
2. Appropriate $300,000 from General Fund Balance to a
Grounds Maintenance Account.
3C. ADOPTION OF THE 2026/2027 LEGISLATIVE PLATFORM
RECOMMENDATION:
Staff recommend that the City Council adopt the proposed 2026/2027 Legislative Platform
3D. DISCUSSION OF CITY MAYORAL POSITION AND REPORT
FROM AD HOC SUBCOMMITTEE
RECOMMENDATION:
Receive and file this report and provide direction to Staff as appropriate.
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 5:30 p.m., on July 1, 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 Pursuant to G.C. Section 65009(b)(2) if you challenge any action taken concerning a public hearing item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
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)
June 24, 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 June 24, 2026, at 5:33 PM.
PLEDGE OF ALLEGIANCE:
Mayor Soto 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; Andrew Mills, Chief of Police; Brenda Pree, City Clerk; and Evelyn Beltran, Chief Deputy City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS: None.
PROCLAMATIONS:
Mayor Soto announced the issuance of the following proclamation:
• On June 19, 2026, the City of Palm Springs joined the community in recognizing Juneteenth Day through a series of celebrations held throughout the weekend.
ACCEPTANCE OF THE AGENDA:
B – Page 14 of 1296
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City of Palm Springs (DRAFT) Page 2
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to: Accept the Agenda with the removal of Consent Calendar Item Nos. 1P, 1Q, and 1U for separate discussion.
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 June 24, 2026, was called to order by Mayor Soto at 3:37 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 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
Management Association of Palm Springs
Teamsters
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Section 54956.9(d)(1)
Under existing facts and circumstances, there were two (2) matters.
James Laing v. City of Palm Springs; Riv. Sup. Ct. No. CVPS2501744 Diane Jean Brown v. City of Palm Springs, et al; Riv. Sup. Ct. No. CVPS2500850 CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Section 54956.9(d)(4)
Under existing facts and circumstances, there were two (2) matters.
B – Page 15 of 1296
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City of Palm Springs (DRAFT) Page 3
CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Section 54956.9(d)(2) Under existing facts and circumstances, there was one (1) matter.
PUBLIC TESTIMONY (Agenda Items Only | Non-Public Hearing Items):
Marcel Ramirez, Ginny Foat, Maria Manjarrez, David Vignolo, Kenny Cassady, Bill Babis, Michael Joseph Pitkin, Audrey Josephn, Peggy Trott, Tim Usckyk, Cliff Young, Gladys Jimenez, and Michael Felenchav provided oral testimony.
1. CONSENT CALENDAR:
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to: Approve the Consent Calendar with the removal of Item Nos. 1P, 1Q, and 1U for separate discussion.
1A. MOTION TO READ ORDINANCE BY TITLE ONLY
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to: Approve.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1B. APPROVAL OF MINUTES
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to: Approve the City Council Meeting Minutes of June 10, 2026
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1C. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
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City Council Minutes June 24, 2026
City of Palm Springs (DRAFT) Page 4
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Appoint Charlie Roddy to the Historic Site Preservation Board, as an alternate, for a term ending June 30, 2029; the term shall take effect 30 days after the final adoption of Ordinance No. 2131.
2. Appoint Todd Burke to the Airport Commission, as a non-voting member representing Visit Greater Palm Springs, for a term ending June 30, 2029; the term shall take effect 30 days after the final adoption of Ordinance No. 2132.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1D. 2026 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to: Adopt Resolution No. 25412 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT THE 2026 BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL REFORM ACT."
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1E. RESOLUTION APPROVING PAYROLL & ACCOUNTS PAYABLE
WARRANTS, CLAIMS AND DEMANDS
CONSENT CALENDAR MOTION:
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 3 – 0, to: Adopt Resolution No. 25413 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 04-25-2026
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TOTALING $2,854,768.36 AND ACCOUNTS PAYABLE WARRANTS DATED 04-13-2026 AND 04-23-2026 TOTALING $12,874,153.57 IN THE AGGREGATE AMOUNT OF $15,728,921.93 DRAWN ON BANK OF
AMERICA”.
AYES: Councilmember Bernstein, Mayor Soto, Mayor Pro Tem Ready
NAYS: None
ABSTAIN: None
RECUSED: Councilmember deHarte, Councilmember Garner
1F. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH MAY 31, 2026
CONSENT CALENDAR MOTION:
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 4 – 0, to: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through May 31, 2026.
AYES: Councilmember Bernstein, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
NAYS: None
ABSTAIN: None
RECUSED: Councilmember deHarte
1G. AMENDMENT NO. 7 TO ASSEMBLY BILL 2766, A MEMORANDUM OF
UNDERSTANDING BETWEEN THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM SPRINGS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10
STREET SWEEPING PROGRAM
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve Amendment No. 7 to the AB 2766 Memorandum of Understanding (MOU) between the Coachella Valley Association of Governments (CVAG) and the City of Palm Springs to increase the City’s contribution to 100% in support of sustainable funding for the Regional PM10 Street Sweeping Program through June 30, 2028; and
2. Authorize the City Manager to execute Amendment No. 7 to the AB 2766 Memorandum of Understanding (MOU).
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AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2131, TO
EXPAND THE HISTORIC SITE PRESERVATION BOARD, AND
ORDINANCE NO. 2132, TO EXPAND THE AIRPORT COMMISSION
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance No. 2131 entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 8.05.040 AND 8.05.050 OF THE PALM
SPRINGS MUNICIPAL CODE TO EXPAND THE HISTORIC SITE
PRESERVATION BOARD TO EIGHT MEMBERS, ADDING ONE
ALTERNATE MEMBER.”
2. Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance No. 2132 entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.16.020 OF THE PALM SPRINGS MUNICIPAL
CODE TO EXPAND THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION TO TWENTY MEMBERS, NINETEEN VOTING MEMBERS
AND ONE NON-VOTING MEMBER REPRESENTING VISIT GREATER
PALM SPRINGS.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1I. AWARD PROFESSIONAL SERVICES AGREEMENTS WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., AND TKE ENGINEERING, INC., FOR ON-CALL CIVIL PLAN CHECK
SERVICES
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
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1. Approve Professional Services Agreement with Engineering Resources of Southern California, Inc., to provide on-call civil plan check services in an amount not to exceed $2,500,000 for a fiveyear term commencing on July 1, 2026, and continuing through June 30, 2031;
2. Approve Professional Services Agreement with TKE Engineering, Inc., to provide on-call civil plan check services in an amount not to exceed $2,500,000 for a five-year term commencing on July 1, 2026, and continuing through June 30, 2031;
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
1J. APPROVE AMENDMENT NO. 2 TO THE AGENCY REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS (CITY) AND
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE
SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER
TAHQUITZ CREEK FOR INCREASED FUNDING COMMITMENTS
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve Amendment No. 2 to Agreement No. 6530, a
Reimbursement Agreement with CVAG, increasing funding for Construction and Construction Management services for the South Palm Canyon Drive Bridge Replacement over Tahquitz Creek, City Project No. 12-02, federal aid Project No. BRLS 5282(042) and;
2. 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
1K. AWARD CONSTRUCTION CONTRACTS TO ACCESS GENERAL
CONTRACTING, INC., AND VAN ENGINEERING, INC., FOR ON-CALL
CONCRETE REPAIR AND REPLACEMENT SERVICES
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Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve Construction Contract No. 24B088 with Access General Contracting, Inc., to provide on-call concrete repair and replacement services in an amount not to exceed $960,000 for an initial three-year term commencing on July 1, 2026, and continuing through June 30, 2029, with two one-year extension options at the City’s sole discretion;
2. Approve Construction Contract No. 24B089 with Van Engineering Inc., to provide on-call concrete repair and replacement services in an amount not to exceed $640,000 for an initial three-year term commencing on July 1, 2026, and continuing through June 30, 2029, with two one-year extension options at the City’s sole discretion;
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
1L. RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S ANNUAL
REPORT ON COMPLIANCE WITH STATE MANDATED INSPECTION
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Adopt Resolution No. 25414 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING THE FIRE DEPARTMENT’S REPORT ON COMPLIANCE
WITH STATE INSPECTION MANDATES.”
2. 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
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1M. POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT, AS REQUIRED BY ASSEMBLY BILL 481
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to: Approve the Palm Springs Police Department Annual Military Equipment Report, pursuant to California Government Code Section 7072.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1N. APPROVE AMENDMENTS TO CONTRACT SERVICE AGREEMENTS
WITH KEENAN & ASSOCIATES FOR THIRD-PARTY LIABILITY
CLAIMS ADMINISTRATION FOR TWELVE MONTHS FOR AN AMOUNT
NOT TO EXCEED $66,674 AND INSURANCE BROKERAGE SERVICES
FOR SIX MONTHS FOR AN AMOUNT NOT TO EXCEED $50,000
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve amendment to contract services agreement with Keenan & Associates for a twelve-month term to provide third-party liability claims processing administration in an amount not to exceed $66,674, for a revised contract amount not to exceed $491,674.
2. Approve amendment to contract services agreement with Keenan & Associates for a six-month term to provide insurance brokerage services in an amount not to exceed $50,000, for a revised contract amount not to exceed $355,500.
3. Authorize the City Manager or his 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
1O. APPROVAL OF THREE (3) PROFESSIONAL SERVICES AGREEMENTS
WITH INTERACTIVE DESIGN CORPORATION, HOLT ARCHITECTS,
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INC., AND PLATT/WHITELAW ARCHITECTS, INC. FOR ON-CALL
ARCHITECTURAL DESIGN SERVICES
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve Professional Services Agreement with Interactive Design Corporation, a California corporation, to provide on-call architectural design services in an amount not to exceed $5,000,000 for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager;
2. Approve Professional Services Agreement with Holt Architects, Inc., a California corporation, to provide on-call architectural design services in an amount not to exceed $5,000,000 for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager;
3. Approve Professional Services Agreement with Platt/Whitelaw Architects, Inc., a California corporation, to provide on-call architectural design services in an amount not to exceed $5,000,000 for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager;
4. Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1P. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 24I154 WITH YIFTEE, INC., TO PROVIDE ONLINE GIFT CARD MANAGEMENT AND
DISTRIBUTION SERVICES FOR THE SHOP LOCAL PROGRAM
Motion by Councilmember Bernstein, Second by Mayor Soto, CARRIED 4 – 1, to:
1. Approve Amendment No. 2 to Agreement No. 24I154 with Yiftee, Inc. to provide online gift card management and distribution services for the shop local (Love Local) program in the amount of $150,000 for a revised contract amount not to exceed $375,000, and extend the contract term through July 8, 2027; and,
2. Authorize the City Manager and City Attorney to make nonsubstantive changes and execute all necessary documents.
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AYES: Councilmember Bernstein, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
NAYS: Councilmember deHarte
ABSTAIN: None
RECUSED: None
1Q. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 26P109
WITH ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS, LLC FOR OWNER’S REPRESENTATIVE SERVICES FOR THE PALM
SPRINGS CONVENTION CENTER RENOVATION AND EXPANSION
PROJECT
Motion by Councilmember Garner, Second by Mayor Soto, CARRIED 4 – 1, to:
1. Approve Professional Services Agreement No. 26P109 with Accenture Infrastructure and Capital Projects, LLC to provide owner’s representative services for the Palm Springs Convention Center renovation and expansion project for an amount not to exceed $4,147,220 for an initial three-year term commencing on June 25, 2026, and continuing through June 24, 2029; with two one-year extension options at the City’s sole discretion.
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto
NAYS: Mayor Pro Tem Ready
ABSTAIN: None
RECUSED: None
1R. EARLY ANNUAL LUMP SUM PREPAYMENT TOWARDS CALPERS
RETIREE UNFUNDED ACCRUED LIABILITY (UAL)
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to: Receive and File.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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1S. MEMORANDUM OF UNDERSTANDING WITH TEAMSTERS LOCAL
1932
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Adopt Resolution No. 25415 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR EMPLOYEES IN TEAMSTERS LOCAL 1932 FOR
THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027, SUBJECT
TO THE ASSOCIATION EXECUTING THE MEMORANDUM OF
UNDERSTANDING.”
2. Authorize the City Manager to execute the Memorandum of Understanding and all documents necessary to effectuate the above action, including the allocation and compensation plans, salary schedules, agreements and contracts, and any non-substantial MOU language or reorganization.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1T. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 26C101 WITH ECOLAB INC., DBA ECOLAB PEST ELIMINATION FOR PEST
ELIMINATION, CLEANING, SANITIZATION, AND EXCLUSION
SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve Cooperative Purchase Agreement No. 26C101 (Attachment A) with Ecolab Inc., dba Ecolab Pest Elimination for pest elimination, cleaning, sanitization, and exclusion services for the Palm Springs International Airport for a three-year term beginning June 25, 2026, through June 24, 2029, in an amount not to exceed $231,594.01.
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
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NAYS: None
ABSTAIN: None
RECUSED: None
1U. AWARD CONTRACT SERVICES AGREEMENT NO. 26B090 WITH
UNIVERSAL GREEN LLC FOR LANDSCAPE AND GROUNDS
MAINTENANCE SERVICE FOR PALM SPRINGS INTERNATIONAL
AIRPORT
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to:
1. Award Contract Services Agreement No. 26B090 (Attachment A) with Universal Green LLC to provide landscape and grounds maintenance services at Palm Springs International Airport in an amount not to exceed $813,600 for an initial three-year term commencing on July 1, 2026, and continuing through June 30, 2029, with two one-year extension options upon mutual agreement.
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
2. PUBLIC HEARINGS:
2A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING
AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL
YEAR 2026-2027
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Open the Public Hearing and take public testimony; and
2. Adopt Resolution No. 25416 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE ENGINEER’S REPORTS AND ORDERING THE
CONTINUED OPERATION AND MAINTENANCE OF IMPROVEMENTS
FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND
PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO.
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12, AND ORDERING THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2026/2027.” AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2B. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS
SMALL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD, LEVYING THE FISCAL YEAR 2026-27 ASSESSMENT, AND
CONDUCT PROTEST PROCEEDINGS
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Open the public hearing, receive public testimony and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2026-27; and
2. Adopt Resolution No. 25417 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF THE PALM SPRINGS TOURISM SMALL
HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND
LEVYING AN ASSESSMENT FOR FISCAL YEAR 2026-27 IN
CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL
BUSINESS IMPROVEMENT DISTRICT.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3. BUSINESS & LEGISLATIVE:
3A. GENERAL FUND AND AIRPORT FUND FISCAL YEAR 2026-2027
CONTINUATION BUDGET ADJUSTMENT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
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1. Adopt Resolution No. 25418 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-
2027 ENDING ON JUNE 30, 2027”; and
2. Adopt Resolution No. 25419 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE CONTINUATION BUDGET FOR FISCAL YEAR (FY)
2026-2027 AND SUCH OTHER MATTERS AS REQUIRED”; and
3. Adopt Resolution No. 25420 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN
FOR FISCAL YEAR (FY) 2026-2027; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES” and
4. Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the FY27 Budget.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3B. APPROVE CONTRACT SERVICES AGREEMENT NO. 26P118 WITH OVATIONS FANFARE L.P. DBA OVG HOSPITALITY FOR FOOD AND
BEVERAGE SERVICES AT THE PALM SPRINGS CONVENTION CENTER The item was continued.
RECESS/RECONVENE:
The City Council recessed at 8:24 PM and reconvened at 8:43 PM.
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Approve Contract Services Agreement 26P118 with Ovations Fanfare L.P. dba OVG Hospitality with a revenue based commission of 7.5% on gross receipts and 15% on net profit for food and beverage services at the Palm Springs Convention Center for an initial 5-year term commencing on July 1, 2026, and continuing through June 30, 2031, with a 5-year optional extension at the sole discretion of the City;
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
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NAYS: None
ABSTAIN: None
RECUSED: None
3C. DISCUSSION REGARDING EXTREME WEATHER FACILITIES AND
COORDINATION WITH THE PALM SPRINGS ANIMAL SHELTER
REGARDING PET CARE FOR UNHOUSED RESIDENTS
Direction was provided to staff.
3D. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER 5.25 OF THE CITY
OF PALM SPRINGS MUNICIPAL CODE REGARDING VACATION
RENTALS, AMENDING SECTION 2.50.080 REGARDING APPEALS TO
THE ADMINISTRATIVE APPEALS BOARD, AND ADDING SECTION
3.24.085 APPLYING CALIFORNIA’S SHORT TERM RENTAL
FACILITATOR ACT OF 2025 TO THE CITY
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to: Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance No. 2133 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING VARIOUS PROVISIONS OF CHAPTER 5.25 OF THE CITY OF
PALM SPRINGS MUNICIPAL CODE REGARDING VACATION RENTALS, AMENDING SECTION 2.50.080 REGARDING APPEALS TO THE
ADMINISTRATIVE APPEALS BOARD, AND ADDING SECTION 3.24.085 APPLYING CALIFORNIA’S SHORT TERM RENTAL FACILITATOR ACT OF 2025 TO THE CITY”.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3E. DISCUSSION OF CITY MAYORAL POSITION AND REPORT FROM AD
HOC SUBCOMMITTEE
Received and filed.
PUBLIC COMMENT (Non-Agenda Items):
Michael Joseph Pitkin 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 June 24, 2026, at 12:02 AM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
B – Page 30 of 1296
(DRAFT MEETING MINUTES)
June 30, 2026
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Soto on June 30, 2026, at 5:01 PM.
PLEDGE OF ALLEGIANCE:
Mayor Soto 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; 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: None.
PROCLAMATIONS: None.
PUBLIC TESTIMONY:
Don Soja, Dan Gore, Cliff Young, Phillip Hodges, and Ginny Foat provided oral testimony.
1. BUSINESS & LEGISLATIVE:
1A. APPROVE CONTRACT SERVICES AGREEMENT FOR FOOD AND
BEVERAGE SERVICES AT THE PALM SPRINGS CONVENTION CENTER
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Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve a Contract Services Agreement for Food and Beverage Services at the Palm Springs Convention Center;
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
ADJOURNMENT:
The City Council adjourned the Special Meeting of June 30, 2026, at 6:48 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
B – Page 32 of 1296
CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT 24I149 WITH VALLEY MAIL DELIVERY FOR MAIL AND
COURIER SERVICES
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
SUMMARY:
This action will approve Amendment No. 2 to Contract Services Agreement 24I149 with Valley Mail Delivery for mail and courier services, to extend the term of the agreement for an additional year, from July 1, 2026, through June 30, 2027, for an additional amount of $60,000 and a revised contract amount not to exceed $135,000, waiving Palm Springs Municipal Code Sections 7.03.02(1)(d) and 7.03.04 which require a formal solicitation process, which would allow staff time to follow through with the formal procurement process of soliciting bids.
RECOMMENDATION:
1. Approve Amendment No. 2 to Contract Services Agreement 24I149 with Valley Mail Delivery for Mail and Courier Services, to extend the contract through June 30, 2027, and add an additional $60,000 for a revised amount not to exceed $135,000;
2. Waive Palm Springs Municipal Code Sections 7.03.02(1)(d) and 7.03.04, which require a formal solicitation process;
3. Authorize the City Manager of designee to execute all necessary documents.
BACKGROUND:
Valley Mail Delivery has provided mail and courier services to the City since 1989. The City entered into a two-year agreement with Valley Mail Delivery for mail and courier services on June 1, 2024, through June 30, 2026, in the amount of $75,000. The City now wishes to extend the contract for one additional year, through June 30, 2027, for an additional amount of $60,000 and a revised amount not to exceed $135,000.
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City Council Staff Report
July 8, 2026 -- Page 2
Amendment No. 2 to Contract Services Agreement 24I149 with Valley Mail Delivery The contract was secured under an informal procurement process, during which staff obtained three competitive quotes. The quotes, received in April 2024, are outlined below, with Valley Mail Delivery providing the lowest bid:
1. Valley Mail Delivery (VMD) – $2,942 Monthly Average.
2. Majestic Courier Services – $1,745/week. (Approximately $6,980 monthly.)
3. HR Courier Services – $12,360/month.
STAFF ANALYSIS:
Amendment No. 1 to the Contract Services Agreement 24I149 added an additional route, raising the average monthly expense to $3,643. Amendment No. 2 would extend the term through June 30, 2027, for a total amount not to exceed $135,000.
Staff are seeking a waiver of Palm Springs Municipal Code Sections 7.03.02(1)(d) and
7.03.04, which require a formal solicitation process for services over $75,000. This approval will allow staff time to prepare, issue and award a new contract through the formal solicitation process.
FISCAL IMPACT:
Funding is available in the City Clerk’s Document Management fund, where these services are budgeted annually.
REVIEWED BY:
Department Director: Brenda Pree
Deputy City Manager: Jeremy Hammond
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Amendment No. 2 to Contract Services Agreement 24I149 B. Contract Services Agreement 24I149 and Amendment No. 1
C – Page 34 of 1296
Revised: 10.31.23
ATTACHMENT A
Amendment No. 2 to CSA No. 24I149
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Revised: 10.31.23
AMENDMENT NO. 2 TO THE COURIER & MAIL PROCESSING
SERVICES AGREEMENT NO. 24I149 BETWEEN THE
CITY PALM SPRINGS AND VALLEY MAIL DELIVERY
1. Parties and Date.
This Amendment No. 2 to the 2 Year Courier & Mail Agreement is made and entered into as of this ______ day of ___________ 2026, by and between the City of Palm Springs (“City”) and Valley Mail Delivery, a (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled “2 Year Courier and Mail Processing Services” Agreement dated June 1, 2024, for the purpose of retaining the services of Contractor to provide courier and mail processing services for an amount of 75,000 and a term of Jun 1, 2024, to June 30, 2026
2.2 First Amendment. City and Contractor entered into Amendment No. 1 to the Agreement, dated December 15, 2026, for the purpose of adding an additional route to the fee schedule.
2.3 Amendment Purpose. City and Contractor now desire to amend the Agreement to add additional funding, in the amount of $60,000, for an amount not to exceed $135,000, and to extend the term of the Agreement for one additional year, continuing through June 30, 2027.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.3 of the agreement is hereby amended in its entirety to read as follows:
“3.3 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $135,000.”
3.2 Amendment. Section 4.4 of the agreement is hereby amended in its entirety to read as follows:
“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 37 months, commencing on June 1, 2024, and ending on June 30, 2027, unless extended by mutual written agreement of the Parties.”
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3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO AMENDMENT NO. 2 BY AND BETWEEN THE CITY OF PALM
SPRINGS AND VALLEY MAIL DELIVERY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By:
Signature
Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: By:
City Attorney City Clerk
APPROVED:
By: Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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Attachment B
Contract Services Agreement No. 24I149
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Revised: 10.31.23
AMENDMENT NO. 1 TO THE 2 YEAR COURIER & MAIL
PROCESSING SERVICES AGREEMENT 24I149
BETWEEN THE CITY PALM SPRINGS AND VALLEY MAIL
DELIVERY
1. Parties and Date.
This Amendment No. 1 to the 2 Year Courier & Mail Agreement is made and entered into as of this 15th day of December 2025, by and between the City of Palm Springs (“ City”) and Valley Mail Delivery, a (“ Contractor”). City and Contractor are sometimes individually referred to as Party” and collectively as “ Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled “ 2 Year Courier and Mail Processing Services” Agreement dated June 1, 2024 for the purpose of retaining the services of Contractor to provide courier and mail processing services for an amount of 75,000 and a term of Jun 1, 2024, to June 30, 2026
2.2 Amendment Purpose. City and Contractor now desire to amend the Agreement 24I149 to add additional route to the current fee schedule in place. Contract base will not change; simply adding Demuth Rec Center route to current fee schedule.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 10 of the Agreement.
3. Terms.
3.1 Amendment. Section 1 of the agreement is hereby amended in its entirety to read as follows:
EXHIBIT “ A” SCOPE OF SERVICES/ WORK Including,
Schedule of Fees and Schedule of Performance”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “ Agreement” or “ Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or Docusign Envelope ID: B523137B- A52B-4F65-807B-1B71BBABF1C8
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otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: B523137B- A52B-4F65-807B-1B71BBABF1C8
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SIGNATURE PAGE TO AMENDMENT 1 BY AND BETWEEN THE CITY OF PALM SPRINGS
AND VALLEY MAIL DELIVERY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: By:
Signature Signature
2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: Item No.
APPROVED AS TO FORM: ATTEST:
By: By:
City Attorney City Clerk
APPROVED:
By: Date:
City Manager – over $50,000
Deputy/ Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Docusign Envelope ID: B523137B- A52B-4F65-807B-1B71BBABF1C8 12/29/2025
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Certificate Of Completion
Envelope Id: B523137B-A52B-4F65-807B-1B71BBABF1C8 Status: Completed Subject: Complete with Docusign: VMD Amendment 1
Source Envelope:
Document Pages: 6 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Roxanne Rodriguez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
IP Address: 67.52.168.215
Record Tracking
Status: Original
12/17/2025 10:40:12 AM
Holder: Roxanne Rodriguez
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palm Springs Location: Docusign Signer Events Signature Timestamp
Tom Farrell
[email protected]
Security Level: Email, Account Authentication
None)
Signature Adoption: Drawn on Device
Using IP Address:
2603:8001:2700:2bad:dd:f6:33f8:48aa
Signed using mobile
Sent: 12/17/2025 10:42:56 AM
Viewed: 12/22/2025 10:04:08 PM
Signed: 12/22/2025 10:06:31 PM
Electronic Record and Signature Disclosure:
Accepted: 12/ 22/ 2025 10: 04: 08 PM
ID: d2aa4bef-bb4f-44d0-90b1-b6eec18f4f7f
Jeffrey Ballinger
[email protected]
City Attorney
BEST BEST & KRIEGER LLP
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Sent: 12/22/2025 10:06:32 PM
Viewed: 12/29/2025 11:16:10 AM
Signed: 12/ 29/ 2025 11: 16: 46 AM
Electronic Record and Signature Disclosure:
Accepted: 12/29/2025 11:16:10 AM
ID: 871cd056-6457-49d6-b70d-7069852c9201
Brenda Pree
[email protected]
City Clerk
Security Level: Email, Account Authentication
None) Signature Adoption: Pre-selected Style
Using IP Address: 67.52.168.215
Sent: 12/29/2025 11:16:48 AM
Viewed: 12/29/2025 4:04:13 PM
Signed: 12/29/2025 4:05:07 PM
Electronic Record and Signature Disclosure:
Accepted: 9/7/2022 8:21:01 AM
ID: 9be06ae2-09de-4f55-b669-f1a3d981eee3
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Roxanne Rodriguez
[email protected]
Executive Administrative Assistant
City of Palm Springs
Security Level: Email, Account Authentication
None)
Sent: 12/29/2025 4:05:09 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/17/2025 10:42:56 AM
Certified Delivered Security Checked 12/29/2025 4:04:13 PM Signing Complete Security Checked 12/29/2025 4:05:07 PM Completed Security Checked 12/ 29/ 2025 4:05: 09 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Palm Springs ( we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘ CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a
0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/20/2020 5:16:38 PM Parties agreed to: Tom Farrell, Jeffrey Ballinger, Brenda Pree
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Palm Springs:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Palm Springs of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at Building@palmspringsca. gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Palm Springs
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to Building@palmspringsca. gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Palm Springs
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
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The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning- system- requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and ( i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- box next to ‘ I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Palm Springs as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Palm Springs during the course of your relationship with City of Palm Springs.
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Docusign Envelope ID: B523137B- A52B-4F65-807B-1B71BBABF1C8
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Docusign Envelope ID: B523137B- A52B-4F65-807B-1B71BBABF1C8
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CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
5RXWHG
Bonds:
Business License:
Sole Source Co-Op
Sole Source CoOp Agmt #:
Documents: CoOp Name:
CoOp Pricing:
Submitted on: By:
Contract Abstract Form Rev
XWKRUL] HG 6LJQHUV
1DPH PDLO
RUSRUDWLRQV UHTXLUH VLJQDWXUHV
Courier and Mail Processing Services
Valley Mail Delivery
Tom Farrell
vmd.bart@gmail. com
Valley Mail Delivery shall provide mail and courier services. The services include processing of the City’s incoming and outgoing June 1, 2024 - June 30, 2026
Tom Farrell, [email protected]
City Clerk
Evelyn Beltran ext 8356
N/A
Yes
Yes
Yes
Procurement
No
June 26, 2024 Brent Rasi
NTE 75,000
24I149
N/A
3 Quotes received.
DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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CONTRACT SERVICES AGREEMENT 24I149
MAIL AND COURIER SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“ Agreement”) is made and entered into on June 1, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“ City”), and Valley Mail Delivery (“ Contractor”). City and Contractor are individually referred to as “ Party” and are collectively referred to as the “ Parties”.
RECITALS
A. City requires the services of a mail processor and courier company for processing of the City’ s incoming and outgoing mail with courier services necessary to conduct routine City business (“ Project”).
B. Contractor has submitted to City a proposal to provide mail and courier services to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/ Work attached to this Agreement as Exhibit “ A” and incorporated herein by reference ( the “ Services” or “ Work”). Exhibit " A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/ Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “ A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “ A”. The total amount of Compensation shall not exceed $ 75,000.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’ s finance director. Payments shall be based on the schedule of fees set forth in Exhibit “ A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty ( 30) days of receipt of Contractor’ s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’ s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “ A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten ( 10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’ s performance and is one or more of the following: ( 1) Acts of God or other natural disasters occurring at the project site; ( 2) terrorism or other acts of a public enemy; ( 3) orders of governmental authorities ( including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and ( 4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “ orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’ s judgment, such delay is justified. The Contract Officer’ s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 25 months, commencing on June 1, 2024, and ending on June 30, 2026, unless extended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty ( 30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor' s deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty ( 30) days written notice to City.
DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Thomas Farrell. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee (" Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’ s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Thomas Farrell Owner
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “ public works” and “ maintenance” projects Prevailing Wage Laws”). If the Services are being performed as part of an applicable “ public works” or “ maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 15,000 or more for maintenance or $ 25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777.5), certified payroll records ( Labor Code Sections 1771.4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “ public works” or “ maintenance” project and if the total compensation is $15,000 or more for maintenance or 25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’ s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit " B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend ( at Contractor’ s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers ( collectively the “ Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees ( collectively “ Claims”), including but not limited to Claims arising from injuries to or death of persons ( Contractor’ s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’ s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’ s indemnification obligation or other liability under this Agreement. Contractor’ s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’ s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’ s performance as a “ design professional” ( as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’ s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’ s liability for such claim, including the cost to defend, shall not exceed the Contractor’ s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above- referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor' s own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
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8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’ s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’ s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three ( 3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts ( including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City’ s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION
10.1 Non- Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor- in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one ( 1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition ( each a “ prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’ s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Thomas Farrell
PO Box 2836
Palm Springs, CA 92262
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
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11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.10 Compliance with Economic Sanctions in Response to Russia' s Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“ Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “ C” ( Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND VALLEY MAIL DELIVERY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________________ By: _________________________________________ Signature Signature (
2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/ Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B 6/ 26/ 2024
Tom Farrell
6/ 27/ 2024
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EXHIBIT “A”
SCOPE OF SERVICES/ WORK
Including,
Schedule of Fees
And
Schedule of Performance
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Scope of Services:
Valley Mail Delivery shall provide mail and courier services. The services include processing of the City’ s incoming and outgoing mail with courier services necessary to conduct routine City business.
Mail Processing Services: Valley Mail Delivery (“ VMD”) shall process incoming and outgoing mail, which includes bulk mail preparation, and sorting and distributing mail at various sites.
Courier Services: VMD shall serve as the city’ s courier, making deliveries to various city sites, which includes the delivery of City Council and Planning Commission agenda materials, and as needed recordation services at the Riverside County Clerk Recorder’ s Office.
Itemized services are detailed in the pricing schedule.
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EXHIBIT “ B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests ( Separation of Insureds)
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X
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’ s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’ s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($ 1,000,000.00) combined single limit coverage per occurrence and two million dollars ($ 2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars 1,000,000.00) per occurrence;
3. Professional liability ( errors and omissions) insurance with limits of at least one million dollars ($ 1,000,000.00) per occurrence and two million dollars ($ 2,000,000) annual aggregate is:
required
is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’ s Liability Insurance with limits of at least one million dollars $ 1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’ s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’ s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’ s insurance and shall not contribute with it. For Workers’ Compensation and Employer’ s Liability Insurance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: 5BF733B1- 48F8-49D6-94E3-0260F965289B
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contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either ( 1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’ s services under this Agreement, or ( 2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’ s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’ s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’ s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: ( 1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. " The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” (" as respects City of Palm Springs Contract No.___" or " for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non- contributory over any insurance or selfinsurance the City may have..." (" as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. " Should any of the above- described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “ endeavor to” mail and " but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
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D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer' s waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/ broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’ s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests ( Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’ s liability.
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EXHIBIT “ C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’ s authority to ( a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and ( b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: ( 1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or 2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AND AUTHORIZATION TO BID THE 2026 SLURRY SEAL, CITY PROJECT NO. 26-02
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
The construction documents (Plans, Specifications and Estimate) for this project have been prepared 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 working 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 bidding of the 2026 Slurry Seal, City Project 26-02 (“the Project”).
RECOMMENDATION:
1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the 2026 Slurry Seal, City Project 26-02; and
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
All public streets within the City have been professionally evaluated and assigned a Pavement Condition Index (“PCI”), indicating their condition. Specific ranges of PCI ratings are assigned a letter grade, as shown in Table 1 below.
Table 1
PCI
Range Grade Condition Description
90-100 A Good Little or no distress.
70-89 BSatisfactory
Little or no distress, with exception of utility patches in good condition, or minor-moderate hairline cracks; lightly
weathered.
50-69 CFair 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.
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PCI
Range Grade Condition Description
0-24 E Very Poor Extensive weathering, moderate-heavy base failure, failed patches, extensive network of moderate-heavy cracking.
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 treatments applied per Condition/PCI range.
Table 2
Condition Grade PCI Range Typical Maintenance Treatment Good A 100-90 • No action required
Satisfactory B 89-70
69-60 Fair C
59-50
• Slurry Seal & Crack Seal; or
• Edge Grind and 2" Overlay
Poor D 49-25 • AC (Asphalt/Concrete) Surface Reconstruction Very Poor E 24-0 • Full Depth AC and Base Reconstruction • Reconstruction Structure (PCC)
The purpose of a slurry seal is to maintain streets on the higher end of the PCI range and prevent them from falling into a category where more costly repairs become necessary.
An additional benefit of a slurry sealing project is the refreshment of pavement striping and markings.
STAFF ANALYSIS:
The list of recommended streets for the 2026 Slurry Seal Project is included as Attachment A, with corresponding maps included as Attachment B. With City Council approval, Staff will advertise the Project in The Desert Sun, and utilize the procurement program PlanetBids™ to allow the submission of bids electronically. The following tentative schedule has been identified for the bid process:
Action Date
Notice Inviting Bids to be posted July 9, 2026
Deadline for receipt of bids/ bid opening July 30, 2026 Awarding a construction contract for Slurry August 26, 2026 The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system. Staff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project.
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,
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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 Slurry Seal, City Project No. 26-02, 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 $900,000 for construction, not including contingency. The Project will be funded using Measure A/Gas Tax Funds that have been allocated for this purpose.
REVIEWED BY:
City Engineer: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Teresa Gallavan for SS
ATTACHMENTS:
A. List of Proposed Streets
B. Maps of Proposed Streets
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ATTACHMENT A
List of Proposed Streets
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No. Section ID Street Name Beg Location End Location Sheet No. 1 10310 ALEXANDER WAY W/S AVENIDA CABALLEROS E/S VIA MIRALESTE 3 2 10311 ALEXANDER WAY E/S TRAIL CIRCLE W/S ROCK CIRCLE 3 3 10312 ALEXANDER WAY E/S ROCK CIRCLE W/S ACE CIRCLE 3
4 10313 ALEXANDER WAY E/S ACE CIRCLE W/S DUANE ROAD 3
5 10314 ALEXANDER WAY E/S DUANE ROAD W/S AVENIDA CABELLEROS 3 6 10440 ALTAIR COURT S/S RAMON ROAD S END 6
7 10520 AMADO ROAD E/S CALLE ENCILIA W/S CALLE EL SEGUNDO 5 8 10550 AMADO ROAD E/S AVENIDA CABALLEROS 600 FT. E/O. AVENIDA CABALLEROS 5 9 10560 AMADO ROAD 600 FT. E/O AVENIDA CABALLEROS E/S HERMOSA DRIVE 5 10 10990 ARENAS ROAD E/S CALLE EL SEGUNDO W/S AVENIDA CABALLEROS 5 11 10991 ARENAS ROAD E/S CALLE ALVARADO W/S AVENIDA CABALLEROS 5 12 11380 AVENIDA FEY NORTE N/S VIA ROBERTO MIGUEL E END (CDS) 3 13 11390 AVENIDA FEY NORTE S/S VIA ROBERTO MIGUEL S END (CDS) 3 14 11510 AVENIDA OLIVOS 320 FT. S. OF TACHEVAH DRIVE S/S TACHEVAH DRIVE 4 15 11580 AVENIDA PALOS VERDES S/S VIA EYTEL N/S TAMARISK ROAD 4 16 11581 AVENIDA PALOS VERDES S/S EL ALAMEDA N/S TAMARISK ROAD 4 17 11600 AVENIDA SEVILLA W/S BOGERT TRAIL W END (CDS) 9 18 11601 AVENIDA SEVILLA E/S CORSICA COURT W/S BOGERT TRAIL 9 19 11630 AZALEA CIRCLE EAST E/S GOLDENROD LANE E END (CDS) 9 20 11640 AZALEA CIRCLE WEST W/S GOLDENROD LAND W END (CDS) 9 21 11780 BARISTO ROAD W/S CIVIC DRIVE W/S EL CIELO ROAD 6 22 11960 BELARDO ROAD S END BELARDO BRIDGE N/S MESQUITE AVENUE 6 23 12690 CAHUILLA ROAD S/S VIA LOLA N/S HERMOSA PLACE 3 24 12390 CALLE ABRONIA S/S RAMON ROAD N/S CAMINO PAROCELA 6 25 13870 CALLE EL SEGUNDO N/S TAHQUITZ CANYON WAY S/S AMADO ROAD 5 26 13861 CALLE EL SEGUNDO S/S ARENAS ROAD N/S SATURNINO ROAD 5 27 12660 CALLE ENCILIA S/S RAMON ROAD N/S CAMINO PAROCELA 6 28 12880 CALLE MARCUS S/S PASEO EL MIRADOR N/S TACHEVAH DRIVE 4 29 13600 CALLE PALO FIERRO S/S CAMINO PAROCELA N/S SUNNY DUNES ROAD 6 30 13601 CALLE PALO FIERRO S/S CALLE ROCA N/S SUNNY DUNES ROAD 6 31 13790 CALLE ROLPH N/S TACHEVAH DRIVE S/S PASEL EL MIRADOR 4 32 14000 CALLE SANTA ROSA N/S CAMINO PAROCELA S/S RAMON ROAD 6 33 13410 CAMINO ROJOS N/S VIA ROBERTO MIGUEL E END 3
34 13420 CAMINO ROJOS S/S VIA ROBERTO MIGUEL S END (CDS) 3 35 14790 CANYON VISTA DRIVE E/S S PALM CANYON DRIVE W/S SIERRA MADRE 9 36 14130 CERRITOS DRIVE S/S ANDREAS ROAD N/S TAHQUITZ CANYON WAY 5 37 14270 CHIA ROAD E/S SUNRISE WAY W/S CERRITOS ROAD 4
38 14290 CHICO CIRCLE W/S CHICO DRIVE W END (CDS) 8
39 14300 CHICO DRIVE N/S LOBO WAY S/S MARICOPA DRIVE 8
40 14301 CHICO DRIVE S/S CHICO CIRCLE N/S LOBO WAY 8
41 14660 CORSICA COURT S/S AVENIDA SEVILLA S END (CDS) 9 2026 Slurry List - City Project 26-02
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No. Section ID Street Name Beg Location End Location Sheet No. 2026 Slurry List - City Project 26-02
42 14710 CREE ROAD N/S CAREY ROAD N/S JONES STREET 8
43 15110 DOGWOOD DRIVE EAST E/S GOLDENROD LANE E END (CDS) 9 44 15120 DOGWOOD DRIVE WEST W/S GOLDENROD LANE W END (CDS) 9 45 15160 DRIFTWOOD DRIVE S/S MESQUITE AVENUE N/S E DEEPWELL ROAD 7 46 15161 DRIFTWOOD DRIVE S/S OCOTILLO AVENUE N/S DEEPWELL ROAD 7 47 15770 EAST PALM CANYON FRONTAGE NORTH W/S CERRITOS DRIVE W/S ANDEE DRIVE 7 48 16240 GARY CIRCLE S/S VIA ROBERTO MIGUEL S END (CDS) 3 49 16290 GEM CIRCLE W/S AURORA DRIVE W END (CDS) 3
50 16310 GEM CIRCLE W/S PASEO DE ANZA W END (CDS) 3
51 16450 GLEN CIRCLE W/S STARR ROAD - N END W/S STARR ROAD - S END 3 52 16470 GOLDEN ROAD LANE N/S BOGERT TRAIL S END (CDS) 9 53 16471 GOLDEN ROAD LANE S/S AZALEA CIRCLE N/S DOGWOOD CIRCLE 9 54 16720 HERMOSA DRIVE S/S AMADO ROAD N/S TAHQUITZ CANYON WAY 5 55 16702 HERMOSA DRIVE S/S GRANVIA VALMONTE N/S VIA COLUSA 4 56 16703 HERMOSA DRIVE S/S VIA COLUSA N/S ALEJO ROAD 5
57 16721 HERMOSA DRIVE S/S ANDREAS ROAD N/S TAHQUITZ CANYON WAY 5 58 17110 INDUSTRIAL PLACE W/S CALLE PALO FIERRO S/S SUNNY DUNES ROAD 6 59 17370 KIRK DOUGLAS WAY EL CIELO ROAD RAMON ROAD 6
60 17371 KIRK DOUGLAS WAY S/S AIRPORT CENTER DRIVE N/S RAMON ROAD 6 61 17400 LA CAMPANA WAY E/S MONTALVO WAY W/S VALDIVIA WAY 3 62 17610 LEONARD ROAD S/S RACQUET CLUB ROAD N/S VIA OLIVERA 2 63 17750 LOBO WAY E/S TULARE DRIVE W/S CHICO DRIVE 8
64 18040 MANZANITA AVENUE N/S E DEEP WELL ROAD S/S MESQUITE AVENUE 7 65 18041 MANZANITA AVENUE S/S CACTUS ROAD N/S OCOTILLO AVENUE 7 66 18042 MANZANITA AVENUE S/S OCOTILLO AVENUE N/S PALOMINO ROAD 7 67 18043 MANZANITA AVENUE S/S PALOMINO ROAD N/S DEEPWELL ROAD 7 68 18160 MATTHEW DRIVE E S/CHEROKEE WAY 915 FT. E/O LINDEN WAY 8 69 18550 MISSION ROAD S/S CAMINO SUR N/S VIA LOLA 3
70 19180 PADUA WAY W/S PASEO DE ANZA W END (CDS) 3
71 19220 PALM AVENUE S/S SUNNY DUNES ROAD S END 6
72 19260 PALM VISTA DRIVE N/S COROZON AVENUE E/S GRANADA AVENUE 2 73 19350 PARK DRIVE E/S CERRITOS DRIVE W/S SUNSET WAY 4 74 19810 PASEO DE MARCIA S/S MESQUITE AVENUE N/S S DEEPWELL ROAD 7 75 19811 PASEO DE MARCIA S/S OCOTILLO AVENUE N/S S DEEPWELL ROAD 7 76 19831 PASEO DOROTEA S/S CALLE DE RICARDO N/S CALLE DE CARLOS 6 77 19832 PASEO DOROTEA S/S CALLE DE CARLOS N/S CAMINO PAROCELA 6 78 19833 PASEO DOROTEA S/S CAMINO PAROCELA N/S CAMINO SAN SIMEON 6 79 19834 PASEO DOROTEA S/S CAMINO SAN SIMEON N/S CAMINO SAN MIGUEL 6 80 19835 PASEO DOROTEA S/S CAMINO SAN MIGUEL N/S SUNNY DUNES ROAD 6 81 19680 PINTO ROAD N/S E DEEPWELL ROAD S/S PALOMINO ROAD 7 82 19690 PLAIMOR AVENUE E/S EASMOR CIRCLE W/S AIRLANE DRIVE 5
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No. Section ID Street Name Beg Location End Location Sheet No. 2026 Slurry List - City Project 26-02
83 19691 PLAIMOR AVENUE E/S SYBIL ROAD W/S AIRLANE DRIVE 5 84 19740 PONDEROSA WAY N/S ESCOBA DRIVE E END (CDS) 8
85 19741 PONDEROSA WAY S/S TORITO CIRCLE N/S ESCOBA DRIVE 8 86 20040 RAMON ROAD FRONTAGE NORTH 643 FT. W/O COMPADRE ROAD W/S COMPADRE ROAD 5 87 20220 REGAL DRIVE E/S ROSE AVENUE W/S VIA MONTE VISTA 3 88 20221 REGAL DRIVE E/S FAIRVIEW CIRCLE W/S TUXEDO CIRCLE 3 89 20222 REGAL DRIVE E/S TUXEDO CIRCLE W/S CORONET CIRCLE 3 90 20223 REGAL DRIVE E/S CORONET CIRCLE W/S VIA MONTE VISTA 3 91 20260 RIDGE ROAD W/S EL CAMINO WAY W END 7
92 20631 SAN CARLOS ROAD E/S PUERTA DEL SOL W/S INDIAN CANYON DRIVE 2 93 20750 SAN JUAN ROAD E/S VIMINAL ROAD W/S VOLTURNO ROAD 3 94 20751 SAN JUAN ROAD E/S SCOTIA LANE W/S VOLTURNO ROAD 3 95 22450 TAMARISK LANE S/S TAMARISK ROAD S END (CDS) 4
96 22430 TAMARISK ROAD W/S VIA MIRALESTE E/S INDIAN CANYON DRIVE 4 97 22431 TAMARISK ROAD E/S AVENIDA OLIVOS W/S AVENIDA PALOS VERDES 4 98 22432 TAMARISK ROAD E/S AVENIDA PALOS VERDES W/S AVENIDA PALMAS 4 99 22433 TAMARISK ROAD E/S AVENIDA PALMAS W/S VIA MIRALESTE 4 100 22610 TORITO CIRCLE E/S PONDEROSA WAY E END (CDS) 8 101 22770 TULARE DRIVE S/S MARICOPA DRIVE N/S LOBO WAY 8 102 23110 VIA ALTAMIRA E/S AVENIDA CABALLEROS W/S ARQUILLA ROAD 4 103 23591 VIA SOLEDAD S/S AVENIDA PALMERA N/S AVENIDA OLANCHA 7 104 23690 VIMINAL ROAD S/S VIA ESCUELA S/S SAN JUAN ROAD 3 105 23691 VIMINAL ROAD S/S SAN ANGELO ROAD N/S SANDIA ROAD 3 106 23692 VIMINAL ROAD S/S SANDIA ROAD N/S SAN MARINO ROAD 3 107 23693 VIMINAL ROAD S/S SAN MARINO ROAD N/S SAN JUAN ROAD 3 108 23820 VIVIAN CIRCLE N/S VIA ROBERTO MIGUEL E END (CDS) 3
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ATTACHMENT B
Maps of Proposed Streets
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2 2
3 3
4 4
5 5
6 6
7 7 8
8 9
9 3
8 2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 1 OF 9
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 2 OF 9
San Carlos Rd
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 3 OF 9
Camino Rojos
Vivian Cir
La Campana Way
Glen Cir N
Glen Cir S
E Gem Cir
Padua Way E Gem Cir Mission Rd
Cahuilla Rd
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 4 OF 9 Avenida Olivos Avenida Palos Verdes Tamarisk Ln
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 5 OF 9 Cerritos Dr
Plaimor Ave
Calle El Segundo
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 6 OF 9 Paseo Dorotea Palm Ave Calle Encilia Calle Santa Rosa Calle Abronia Industrial Pl
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 7 OF 9 Pinto Rd
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 8 OF 9
Ponderosa Way Chico Dr
Lobo Way
Torito Cir
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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 9 OF 9
Canyon Vista Dr
Azalea Cir
Dogwood Cir
Corsica Ct
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CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2133 OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS
PROVISIONS OF CHAPTER 5.25 OF THE CITY OF PALM SPRINGS
MUNICIPAL CODE REGARDING VACATION RENTALS, AMENDING
SECTION 2.50.080 REGARDING APPEALS TO THE ADMINISTRATIVE APPEALS BOARD, AND ADDING SECTION 3.24.085 APPLYING
CALIFORNIA’S SHORT TERM RENTAL FACILITATOR ACT OF 2025 TO
THE CITY
FROM: Scott C. Stiles, City Manager
BY: Special Program Compliance
SUMMARY:
This is the second reading of an ordinance that amends various provisions of Palm Springs Municipal Code (PSMC) Section 5.25 regarding vacation rentals, Section
2.50.080 regarding appeals to the administrative appeals board, and adding Section
3.24.085 applying California’s Short Term Rental Facilitator Act of 2025 to the City.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2133, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER 5.25 OF THE CITY OF PALM
SPRINGS MUNICIPAL CODE REGARDING VACATION RENTALS, AMENDING SECTION 2.50.080 REGARDING APPEALS TO THE ADMINISTRATIVE APPEALS BOARD, AND ADDING SECTION 3.24.085 APPLYING CALIFORNIA’S SHORT TERM RENTAL FACILITATOR ACT OF 2025 TO THE CITY.”
BACKGROUND:
On June 24, 2026, Ordinance No. 2133 was introduced for first reading as noted below.
Waive the reading of text in its entirety, read by title only, and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER 5.25 OF THE CITY
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City Council Staff Report
July 8, 2026 -- Page 2
Second Reading and Adoption of Ordinance No. 2133
OF PALM SPRINGS MUNICIPAL CODE REGARDING VACATION RENTALS, AMENDING SECTION 2.50.080 REGARDING APPEALS TO THE ADMINISTRATIVE APPEALS BOARD, AND ADDING SECTION 3.24.085 APPLYING CALIFORNIA’S SHORT TERM RENTAL FACILITATOR ACT OF 2025 TO THE CITY.” AYES: Councilmembers Bernstein, deHarte, Garner, Mayor Pro Tem Ready, Mayor Soto.
NOES: None.
ABSENT: None.
STAFF ANALYSIS:
The City Council voted to introduce Ordinance No. 2133, subject to certain revisions which were made at the time of first reading. The revisions were related to:
• SECTION 6: Section 5.25.070, subdivision (k) removing the language “Any failure to cure the violation subject to this section within sixty (60) minutes will result in an issuance of an administrative citation for the violation in question”. • Accepting Staff position of support related to VRONS recommendation “Eliminate requirement to post the Registration Certificate and applicable operational conditions on-site” by amending Section 5.25.070(n) to “The owner of the vacation rental unit shall post a copy of the registration certificate and a copy of the conditions set forth in this section, including all rules and regulations applicable to the use of the property as a vacation rental, on the inside of the front door and the primary door to the backyard or in a conspicuous location near each such door” accessible to guest”.
• Section 9: 3.24.085(d)(2)
o It shall be unlawful for any short-term rental facilitator to complete any booking transaction for any vacation rental or homeshare unless that vacation rental or homeshare is listed on the City’s registry created and maintained by the City’s Department of Special Programs, at the time the hosting platform receives a fee for the booking transaction.
ENVIRONMENTAL ASSESSMENT:
This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. In addition, the City Council also determines this Ordinance consists of regulations intended to ensure that the incidental short term rental use of residential property remains an ancillary and secondary use of residential property in the City and thereby preserve the residential character of the City's
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City Council Staff Report
July 8, 2026 -- Page 3
Second Reading and Adoption of Ordinance No. 2133
single- family and multi-family neighborhoods as identified in the City's adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact from the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.
FISCAL IMPACT:
There is no fiscal impact with the proposed modifications. Any incremental administrative workload will be absorbed within existing staff capacity. No new appropriations are required.
REVIEWED BY:
Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Ordinance
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55575.18195\45010526.2
ATTACHMENT “A”
PROPOSED ORDINANCE
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55575.18195\45010526.2
Ordinance No. _____
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING VARIOUS PROVISIONS OF
CHAPTER 5.25 OF THE CITY OF PALM SPRINGS
MUNICIPAL CODE REGARDING VACATION RENTALS,
AMENDING SECTION 2.50.080 REGARDING APPEALS TO
THE ADMINISTRATIVE APPEALS BOARD, AND ADDING
SECTION 3.24.085 APPLYING CALIFORNIA’S SHORT
TERM RENTAL FACILITATOR ACT OF 2025 TO THE CITY
City Attorney’s Summary
This ordinance updates several regulatory provisions
contained in the City’s Vacation Rental ordinance, amends the time period for appeals to the City’s Administrative Appeals Board, and applies the State’s Short Term Rental Facilitator Act of 2025 to the City of Palm Springs.
WHEREAS, on March 15, 2017, the City Council of the City of Palm Springs adopted Ordinance No. 1918, which comprehensively and strictly regulated the short term rentals of residential properties within the City; and
WHEREAS, Ordinance No. 1918 was primarily codified as Chapter 5.25 of the Palm Springs Municipal Code, with some provisions also being codified as Section
93.23.16 of the Palm Springs Municipal (Zoning) Code; and WHEREAS, on October 22, 2025, the City Council directed City staff to return to the City Council with various amendments to the City of Palm Springs Municipal Code, relative to vacation rentals; and
WHEREAS, City staff has received and reviewed input from various community stakeholders, including the City’s Administrative Appeals Board (AAB) and the organization representing vacation rental owners (VRON), and based on that input, City staff has recommended proposed changes to the City’s vacation rental/Homesharing regulations; and
WHEREAS, the City Council has reviewed those proposed changes, and has determined that the amendments provided in this ordinance will continue to strictly regulate vacation rentals as an incidental use of residential property, thereby promoting the public health, safety and welfare of the residents of the City.
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Ordinance No. _____
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 5.25.030 (Definitions) of the Palm Springs Municipal Code is hereby amended by amending the definition of “Local contact person” to read as follows:
“Local contact person” means the owner, a local property manager, or agent of the owner, or any agent of the owner authorized by the owner to take remedial action and who responds to any violation of this code, who is available 24 hours per day, seven days per week for the purpose of: (1) responding by telephone within fifteen (15) minutes of complaints, after being notified by the enforcement official, and after this period has elapsed and (2) responding in-person within thirty (30) minutes to any failure to address complaints regarding the condition, operation, or conduct of occupants of the vacation rental, or any agent of the owner authorized by the owner to take remedial action and who responds to any violation of this code.”
SECTION 2: Section 5.25.070, subdivision (e) of the Palm Springs Municipal Code is hereby amended to read as follows:
“(e) During the rental term each vacation rental unit is rented, the owner, his or her agent, and/or the local contact person designated by the owner, after being contacted by the enforcement official, shall be available 24 hours per day, seven days per week, for the purpose of: (1) responding by telephone within fifteen (15) minutes of complaints, after being notified by the enforcement official and after this period has elapsed from or through the hotline; and (2) responding in-person within thirty (30) minutes to any additional or successive failure to address complaints regarding the condition, operation, or conduct of occupants of the vacation rental.” SECTION 3: Section 5.25.070, subdivision (i) of the Palm Springs Municipal Code is hereby amended to read as follows:
“(i) The enforcement official shall be the first responder and have primary responsibility for the enforcement of this chapter. In the event the enforcement official notifies the owner, or his or her agent, that the responsible person, including any occupant and/or guest of the vacation rental unit, has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of provisions of the municipal code or any state law, shall promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by those occupants or guests, and evict one or more of the guests when requested by the enforcement official. For the purpose of this subsection and subsection (j)
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Ordinance No. _____
below, the phrase "in a timely and appropriate manner" shall mean: (1) responding by telephone within fifteen (15) minutes of complaints, and after this period has elapsed; (2) responding in-person contact within thirty (30) minutes to any failure to address complaints regarding the condition, operation, or conduct of occupants of the vacation rental for any call from the enforcement official.”
SECTION 4: Section 5.25.070, subdivision (c), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(c) The owner shall limit overnight occupancy of the vacation rental unit to a specific number of occupants, with the maximum number of occupants as no more than two persons per bedroom within each vacation rental unit and a maximum of no more than eight persons total within the vacation rental unit, except that owner may allow up to two minor children, age 12 or under, to occupy the vacation rental in addition to the maximum number of occupants otherwise provided in this subsection. The number of bedrooms in a vacation rental shall be verified by the enforcement official using county assessor and/or city building records and/or a physical inspection of the premises, prior to the issuance of a registration certificate. The owner may also allow up to four daytime occupants in addition to the total number of guests allowed for overnight occupancy pursuant to this subsection. No more than one guest vehicle automobile per bedroom shall be allowed for overnight occupancy for each vacation rental. Notwithstanding the preceding sentence, two additional quest vehicles are allowed during daytime occupancy, as defined in section 5.25.030. Advertising and/or renting one or more vacation rentals as part of a cluster or compound is prohibited.”
SECTION 5: Section 5.25.070, subdivision (h), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(h) Prior to occupancy pursuant to each separate occasion of rental of a vacation rental, the owner or the owner's agent or representative shall enter into a written contract with a responsible person where: (1) the responsible person will provide the responsible person's name, age, address, and a copy of the Responsible Renters Identification a government issued identification; (2) establishes and sets out the terms and conditions of the contract, including without limitation, occupancy limits, noise prohibitions, and vehicle parking requirements; (3) requires the responsible person to acknowledge and agree that he or she is legally responsible for compliance of all occupants of the vacation rental or their guests with all provisions of this chapter and/or the municipal code; (4) the owner or the owner's agent provides a copy of the "Good Neighbor Brochure" to the responsible person; and (5) the responsible person provides a list of all guests by name; and (6)
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Ordinance No. _____
the responsible person provides a list of all guests' vehicles, including license plate numbers. Each contract shall be maintained by the owner or the owner's agent for a minimum of four years and shall be readily available for inspection upon request of the enforcement official. Copies of Responsible Renters Identification shall be maintained by the owner or the owner’s agent for a minimum of thirty (30) days, after which time the owner or the owner’s agent may destroy such copy. A summary or abstract of the written contract, in a form approved by the enforcement official, shall be filed with the enforcement official prior to each applicable occupancy, in a manner approved by the enforcement official, and shall be posted in a conspicuous location on the vacation rental property and shall be made available on site at the request of an enforcement official. A summary or abstract of the written contract shall be required for each “Friends and Family” stay. However, any such stay by one or more individuals listed on a previously filed “Friends and Family” list shall not be counted toward the annual limits on the number of rentals as set forth in Palm Springs Municipal Code Section 5.25.070(b).””
SECTION 6: Section 5.25.070, subdivision (k), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(k) Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The owner of the vacation rental unit shall use reasonably prudent property ownership/management practices to ensure compliance with all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and Diversion), and shall provide "walk-in service" or as may otherwise be approved by the enforcement official. At the time of an application or renewal submitted to the Enforcement Official, the Vacation Rental owner, as part of that application or renewal, shall be deemed to have authorized the City to upgrade the property’s trash service on the applicant’s behalf. For registered Homesharing properties, at the time of application or renewal application, the applicant can request to not participate in the “walkin service” and will be approved by the Enforcement Official. Any violation of this section is subject to administrative penalties pursuant to Chapters 1.01 and 1.06 of the Palm Springs Municipal Code, but shall not count as a “strike” against the property for purposes of suspension of a certificate
SECTION 7: Section 5.25.070, subdivision (l), of the Palm Springs Municipal Code is hereby amended to read as follows:
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Ordinance No. _____
“(l) All home repairs (external and internal), garden and yard maintenance, and pool cleaning and maintenance shall not be performed between the hours of 5:00 p.m. on Friday through 8:00 a.m. on Monday, except in the case of an emergency or the occurrence of an unexpected event that reasonably warrants a timely or immediate response. Repairs and maintenance shall not be scheduled in advance to occur during the days and time specified in this subsection. abide by the restrictions described in Palm Springs Municipal Code sections 11.74.041, 11.74.042 and 8.04.220.”
SECTION 8: Section 2.50.070, subdivision (n) of the Palm Springs Municipal Code is hereby amended to read as follows:
“(n) The owner of the vacation rental unit shall post a copy of the registration certificate and a copy of the conditions set forth in this section, including all rules and regulations applicable to the use of the property as a vacation rental, in a conspicuous location at the property, accessible to the guest on the inside of the front door and the primary door to the backyard or in a conspicuous location near each such door.”
SECTION 9: Section 2.50.080, subdivision (a), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(a) A person aggrieved by an action taken by an administrative officer of the city as provided in Section 2.50.020 may appeal the action to the board by filing with the city clerk a written notice of appeal within ten thirty (30) days of the action. The notice of appeal shall set forth the appellant's full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought; and shall include payment to the city clerk of the appeal fee, as established or amended time to time by resolution of the city council.”
SECTION 10: A new Section 3.24.085 is hereby added to the Palm Springs Municipal Code to read as follows:
“3.24.085 Short-Term Rental Facilitator Collection and Reporting. (a) Application of Short-Term Rental Facilitator Act of 2025 (“STRFA”).
The provisions of Chapter 4.6 (commencing with Section 50990) of Part 1 of Division 1 of Title 5 of the Government Code are hereby made applicable within the City’s jurisdictional boundaries.
(b) Definitions. For purposes of this section, “marketplace,” “short-term rental” and “short-term rental facilitator” each has have the same meaning as in Government Code section 50991, and “operator” means a person who
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Ordinance No. _____
lists a short-term rental for rent on a marketplace operated by a short-term rental facilitator.
(c) Reporting.
1. Reporting Required Monthly. Each short-term rental facilitator must report, in the form and manner prescribed by the tax administrator, the physical address, including nine-digit ZIP Code, of each short-term rental occurring in the prior calendar month, on or before the last working day of the month
following the close of each calendar month. This requirement constitutes the city’s “request” under Government Code
section 50993(a).
2. Additional Information. If the above information is not sufficient, the tax administrator may request, if necessary to identify a short term rental, the following:
A. The assessor parcel number of each short-term rental.
B. The URL associated with the specific short-term rental listing.
C. Information exclusively related to the identification of an accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at a single address that is located at the address or
assessor parcel number requested.
3. Audit. The tax administrator may conduct an audit or otherwise examine the records of the short-term rental
facilitator documenting the receipt of the transient occupancy tax due and payable to the City.
(d) Display of City Permit.
(1) Every short-term rental facilitator shall include, in every listing of a vacation rental, the City issued account number
associated with that vacation rental as well as any transient occupancy tax certification issued by the City.
(2) It shall be unlawful for any short-term rental facilitator to complete any booking transaction for any vacation rental or homeshare unless that vacation rental or homeshare is listed on the City’s registry created and maintained by the City’s Department of Special Programs, at the time the hosting
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platform receives a fee for the booking transaction.
(e) Penalties. Notwithstanding any other provision in this Code, any violation of subdivision (c) of this section (Reporting) is punishable pursuant to Section 5.25.090(a), and any violation of subdivision (d) of this Section (Display of City Permit) is punishable as set forth in Section 5.25.090(d).” SECTION 11: A new Section 5.25.090, subdivision (j), of the Palm Springs Municipal Code is hereby added to read as follows:
“(j) Enforcement Officials are authorized to issue an administrative citation for any violation of this Chapter 5.25 without first complying with precitation or courtesy notice provisions in Palm Springs Municipal Code Section 1.06.030, except for violations of Palm Springs Municipal Code section 5.25.070, subdivision (k) (trash service).”
SECTION 12: Section 5.25.060, subdivision (a) is hereby amended by amending subsection (12) and re-numbering previous subsection (12) to read as a new subsection (13), as follows:
“(12) In instances when title to a Property is held by a legal entity established by a natural person for estate or tax planning purposes, the City shall deem the natural person in question to be an applicant, who may apply for a Vacation Rental or Homeshare Registration Certificate. Such a natural person must provide documentation of the participation in the legal entity of all owners of the Property, as well as the establishment and function of the legal entity itself. Staff shall request, and an applicant shall provide, supplemental information related to the legal entity as deemed necessary and appropriate by the City.
(13) Such other information as the enforcement official deems reasonably necessary to administer this chapter.”
SECTION 13: Section 5.25.060, subdivision (b), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(b) The registration of a vacation rental shall be accompanied by a fee established by resolution of the City Council; provided, however, the fee shall be no greater than necessary to defer the cost incurred by the city in administering the provisions of this chapter.
(1) Fees to implement this Chapter may be established amended from time to time by resolution of the City Council.
(2) The following fees required to be paid to the City by the owner of a Vacation Rental Property (or owner’s agent) or by the
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owner of a Homeshare Property are in no case refundable:
(A) annual Registration Certificate fee,
(B) one-time Land Use Permit fee for Estate Homes, and
(C) one-time Transient Occupancy Tax (TOT) permit fee.
(3) An owner appealing a revocation, denial or suspension of a Registration Certificate pursuant to Palm Springs Municipal Code 2.50, shall pay an appeal hearing fee, which appeal shall be heard by the City’s Administrative Appeals Board (AAB). This appeal hearing fee is non-refundable except in specific cases where:
(A) the AAB overturns all City actions appealed, or
(B) refunding the appeal hearing fee is required pursuant to a settlement agreement approved by the City
Attorney.
(4) A non-refundable transfer fee, as established and amended from time to time by the City Council, will be charged to an owner of a Vacation Rental beginning on January 1, 2019 with each occurrence of the transfer of a Registration Certificate including:
(A) transfer from individual owner operator to agency
managed property,
(B) transfer from agency managed property to individual owner operator, and
(C) transfer from agency managed property to a different agency managed property.”
SECTION 14: Section 5.25.030 (Definitions) of the Palm Springs Municipal Code is hereby amended by amending the definition of “Homesharing” to read as follows:
“ ‘Homesharing’ means an activity whereby the Owner hosts visitors one or more guest(s) in the owner’s home any room(s) within, or portion of an Owner(s) Property, whether a single-family or duplex unit, including, without limitation, any condominium, and including but not limited to any casita, accessory second dwelling unit, or any other appurtenant permanent structure, for compensation, for any periods of twenty-eight (28) consecutive days or less, while the Owner lives on-site and in the home at the Property throughout the visitor’s stay of the guest(s).” SECTION 15: A new Section 5.25.078, subdivisions (c) (d), (e) and (f), of the Palm Springs Municipal Code is hereby added to read as follows:
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“(c) When considering an application for a Vacation Rental Registration Certificate for a Homeshare, the City will adhere to the following:
1. An Owner shall only be issued, and can only maintain a financial interest (as that term is defined in Section 5.25.040(b), a single Registration Certificate at any time. This limitation applies equally to both Homeshares and Vacation Rentals; i.e., an Owner may not own a Vacation Rental and a Homeshare, or two (2)
Homeshares.
2. New and renewal applications for a Registration Certificate, where the property is within an HOA, require a letter from the HOA Board or management company. The letter shall be dated and on official letterhead, and state that no covenants or other deed restrictions prohibit or limit the use of the property as a Homeshare.
3. A Homesharing Property with five (5) bedrooms or more requires a Land Use Permit, and is subject to Palm Springs Municipal Code Section 93.23.16.
4. An Owner of a Homeshare Property shall obtain and maintain a minimum general liability policy, acceptable to the
Enforcement Official, with a minimum limit of coverage of $500,000 throughout the term of any Registration Certificate issued and any renewals.
5. A Homeshare Property is subject to the same building, fire and safety inspections, and pool/spa certifications as a Vacation Rental Property.
6. Participation in the Vacation Rental Compliance Department’s educational program regarding respective roles and
responsibilities is mandatory for the Homeshare Owner and any representative of Owner that has contact with the guests.
7. The Owner shall use reasonably prudent business practices to ensure compliance with all of the provisions of Chapter 6.04 of the Palm Springs Municipal Code (Waste Disposal and
Diversion).
8. An executed indemnification and hold harmless agreement, in a form approved by the City Attorney, shall be provided.
9. Such other information as the Enforcement Official deems reasonably necessary to administer Chapter 5.25 shall be provided.
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(d) Homesharing Requirements.
1. The Owner of the Homeshare Interest shall comply with all provisions of Chapter 3.24 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a monthly return for each vacation rental in accordance with Section 3.24.080. The monthly return shall be filed each month regardless of whether the Homeshare property was rented or not during each such month.
2. The annual contract limitations set forth in Palm Springs Municipal Code Section 5.25.070(b) shall not apply. As such, submittal of a contract summary to the Enforcement Official is not required.
3. The operation of a Homeshare Interest in violation of Chapter
5.25, including, without limitation, operating a Homeshare Interest without a Registration Certificate, shall be subject to the same penalties as a person who operates a Vacation
Rental in violation of Chapter 5.25, including operating without a Vacation Rental Registration Certificate. This includes the criminal, civil, administrative fines, suspension, and
ineligibility penalties set forth in Section 5.25.090.
(e) The owner of a Homeshare interest may rent multiple rooms to multiple guests under separate rental agreement.
(f) Pursuant to Palm Springs Zoning Code section 93.23.14(E)(4), no Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.”
SECTION 16: Section 5.25.060, subdivision (a)(11), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(11) Written acknowledgement in a form approved by the enforcement official that there are no covenants, conditions or restrictions (CC&Rs) or other deed restrictions on the property that prohibit or limit the use of the property as proposed a vacation rental. The enforcement official may accept a written consent from the governing board of a homeowners' association with jurisdiction over the property in satisfaction of this requirement. (A) Any new or renewal application for the use of a property subject to CC&Rs or other deed restrictions as a Vacation Rental or Homeshare must include a dated letter, on official letterhead, from the governing board of the Homeowner’s
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Association or from the associated Management Company.
That letter shall state that there are no CC&Rs or other deed restrictions on the property in question that prohibit or limit the use of that property as a Vacation Rental or Homeshare, as applicable.
(B) A copy of the CC&Rs is not acceptable to meet the official letter requirement, above. However, the City may request the owner provide the CC&Rs for review at any time, and the owner shall thereafter provide such copy.
(C) In the event that a community’s CC&Rs or other governing documents are legally amended, changed or replaced to
prohibit or limit the use of the property with a Registration Certificate from operating as a Vacation Rental or
Homeshare, it is the responsibility of the owner of the property in question to, within thirty (30) calendar days of any such amendment, change, or replacement, provide written
notification to the City’s Director of Special Programs. (D) Following review and confirmation by the City’s Director of Special Programs that a community’s CC&Rs or other
governing documents limit the use of the property, such that holding a Registration Certificate is inconsistent with the CC&Rs or governing documents, the Registration Certificate shall be immediately revoked. In the event of such a
revocation, any monies paid by the Owner to obtain the
Registration Certificate shall not be refundable.
(E) Revocation of the Registration Certificate pursuant to this Subsection (D) shall not, in itself, deem the owner(s) ineligible to apply for another Registration Certificate for the same property at a later date if all application requirements can be met, and including a reversal of a previous prohibition in the CC&Rs or other governing documents.
(F) In the event that Owner fails to provide written notice to the City within thirty (30) days following any amendment, change or replacement that would render the Registration Certificate revocable as set forth in Subsection (D), the enforcement official shall be authorized to issue the Owner(s) an
administrative citation pursuant to Palm Springs Municipal Code Section 5.25.090(a), and applicable fines shall be assessed against the owner as set forth below.
(G) For every guest stay at the property that occurs after an amendment, change or replacement, absent written notice to the City as required by Subsection (C): (i) first violation - $500; (ii) second and subsequent violations $1,000, up to a total not
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to exceed five thousand dollars ($5,000).
(H) Revocation of a Registration Certificate pursuant to Subsection D may be appealed to the Administrative Appeals Board (AAB) in accordance with Palm Springs Municipal
Code Section 2.50.”
SECTION 17: Section 5.25.040, subdivision (f), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(f) A copy of the current registration certificate as issued by the city and the maximum number of guests allowed on the premises shall be displayed in a clear and legible manner in a conspicuous and easily accessible location in the unit and on all advertising related to each vacation rental or homesharing interest, including without limitation, web based advertising, hosting platform, print media, and television.
1. Registrants shall ensure that the City Account Number for each Vacation Rental and Homeshare shall be reflected on all web based advertising, hosting platform, print media and television.
2. The City Account Number shall be prominently and legibly included in the Property Description section of the Vacation Rental or Homeshare Interest web based advertising, hosting platform, print media and television. The City Account
Number shall be listed on all such advertising in the following format: “The City of Palm Springs Account #” followed by the unique City Account Number listed on the Registration
Certificate.
3. It is the legal responsibility of the owner or owner’s agent to comply with this Subdivision (f) regardless of advertising platform changes by a host, and technical issues shall not excuse any violation hereof.
4. Property Description Definition. “Property Description” is defined as the location on the landing page where it
references the description of the Vacation Rental property.
Such section may be referred to by the following names, and is not limited to: About the property, About this listing, About this Vacation Rental, Overview, Summary, or something
similar.
5. The absence of the City Account Number in advertisement is all is that is required to prove a violation of this Subsection (f). The burden of production and proof is on the registrant as to any
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claims regarding any technical problem(s) preventing compliance.” SECTION 18: Section 5.25.070, subdivision (m), of the Palm Springs Municipal Code is hereby amended to read as follows:
“(m) The owner or the owner's agent or representative shall meet the responsible party in person at the vacation rental or the owner's or owner's agent's office prior to, or within 24 hours of, the commencement of the occupancy and verbally explain and describe all rules and regulations applicable to the use of the property as a vacation rental and the responsibilities of the responsible party to the neighbors and the City as well as the owner. The owner shall secure the signature of the responsible party and all adult guests to a statement of rules and regulations prepared by the city manager prior to or within 24 hours of the arrival of the guest at the vacation rental. For purposes of this subsection (m), “in person” at the Vacation Rental or the Owner’s or Owner’s agent’s office includes live digital video conference. Video conferencing must be live, using video enabled devices by both parties and must include both real-time audio and real-time video such that both parties see each other’s faces during the meeting. For purposes of this subsection’s “signature” requirement, in the event a live digital video conference is used for the “in person” meeting, a digital signature may be used, so long as the digital signature is a certificate-based digital signature that complies with legal regulations and provides the highest level of assurance of the signer’s identity.”
SECTION 19: A new Section 5.25.070, subdivision (x), of the Palm Springs Municipal Code is hereby added to read as follows:
“(x) All residential real estate closing documents for real estate transactions for real property located within the City of Palm Springs must include The City of Palm Springs Vacation Rental disclosure form, as may be promulgated and amended from time to time by the Department of Special Programs.”
SECTION 20: This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. In addition, the City Council also determines this Ordinance consists of regulations intended to ensure that the incidental short term rental use of residential property remains an ancillary and secondary use of residential property in the City and thereby preserve the residential character of the City's single- family and multi-family neighborhoods as
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identified in the City's adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact from the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, 2026.
NAOMI SOTO
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
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Ordinance No. _____
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
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CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH T.Y.
LIN INTERNATIONAL, A CALIFORNIA CORPORATION, FOR
CONSTRUCTION MANAGEMENT SERVICES, AND INSPECTION AND
MATERIALS TESTING SERVICES IN THE AMOUNT OF $2,707,038 FOR THE EAST PALM CANYON DRIVE BRIDGE, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041)
FROM: Scott C. Stiles, City Manager
BY: Engineering
SUMMARY:
Award of this professional services agreement will allow the City to proceed with construction preparation of the East Palm Canyon Drive Bridge, City Project No. 12-04, Federal Aid Project No. BRLS 5282(041), (the “Project”).
RECOMMENDATION:
1) Approve a Professional Services Agreement with T.Y. Lin International in the amount of $2,707,038 for construction management, and inspection and materials testing services contingent on Caltrans acceptance of the T.Y. Lin overhead rate. 2) Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A copy of the T.Y. Lin International (TYLin) Public Integrity Disclosure Form is included as Attachment A.
BACKGROUND:
The East Palm Canyon Drive Bridge, constructed in 1956 and widened in 1963, is listed in the Federal Eligible Bridge List with a status of “Structurally Deficient (SD)” and a low Sufficiency Rating (SR) of 53.6 according to the Bridge Inspection Report (BIR) prepared by Caltrans Office of Structure Maintenance and Investigations. Since the bridge is rated with an SR lower than 80, the bridge is eligible for major rehabilitation in accordance with
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City Council Staff Report
July 8, 2026 -- Page 2
Approve CM Agreement for CP 12-04 East Palm Canyon Bridge the Highway Bridge Program (HBP) guidelines. A location map is provided in Figure 1 for reference.
Figure 1 – Location Map
The Project includes a seismic retrofit and widening of the existing bridge over the Palm Canyon Wash. East Palm Canyon Drive will be maintained with four lanes of traffic (two east bound, two westbound), separated by a new ten-foot-wide striped center median.
The roadway shoulders will be widened to accommodate Class II bicycle lanes and a new ADA-compliant sidewalk on the south side of the bridge. A retaining wall will be installed along the south side of East Palm Canyon Drive adjacent to the Horizon Mobile Village & RV Park. A traffic signal will be installed at the intersection of East Palm Canyon Drive and Rim Road/Southridge Drive. The bicycle/pedestrian bridge on the north side will remain, however, the deteriorated wood deck and railings will be replaced.
Subsequently, the City entered into a Professional Services Agreement with CNS Engineering Inc. (CNS), to prepare the Project Study Report, which would detail the overall Project scope and funding package to submit to the Federal Highway Bridge Program (HBP), which is administered by the State of California Department of Transportation (“Caltrans”).
The federal funding request was ultimately approved by Caltrans, with the HBP funds covering 88.53% of eligible Project costs, requiring an 11.47% local match. Pursuant to a previous funding agreement with CVAG, the local funding amounts were funded by CVAG with 75% Regional Measure A funds with the remaining 25% funded by Palm Springs. Any costs that are not eligible per HBP funding requirements will be split between
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City Council Staff Report
July 8, 2026 -- Page 3
Approve CM Agreement for CP 12-04 East Palm Canyon Bridge CVAG and the City. The budget with Caltrans has been revised over time as additional scope and costs have been identified. The most current funding request is detailed in the Staff Analysis below.
STAFF ANALYSIS:
Given the scale of the Project, it is essential that the City engages early with a construction management firm to ensure all preconstruction surveys are completed, environmental measures are in compliance per current mandate updates, to develop and administer a community outreach program to include public outreach meetings before and during construction, and recommend the most efficient project staging to reduce impacts to traffic and the surrounding communities/businesses.
Request for Proposals for Construction Management Services On March 30, 2026, the City issued Request for Proposals (RFP) 12-04 CM to invite consultants to provide proposals for “turnkey” construction management, inspection, material testing, and preconstruction services needed for the Project. As a federally funded Project, this scope of work required a separate solicitation in accordance with federal guidelines.
On April 23, 2026, the City received a total of six (6) individual proposals from C2PM, CHA Consulting, Inc., CQMS Inc., DCCM Infrastructure, Inc., Harris & Associates, Inc., and T.Y. Lin International.
An evaluation committee reviewed the proposals following the federal process for consultant selection entirely based on qualifications and experience per criteria specified in the RFP, including interviewing the top two firms. Fee is not and cannot be a factor for professional services. Based on this review, Staff recommended TY Lin as the most qualified consultant for these services. Staff negotiated the final scope and fee with TY Lin and believe they have presented a fair and reasonable price for the requested scope.
A copy of the Agreement with TY Lin is included as Attachment B.
As part of the consultant selection procedures outlined in the Caltrans Local Assistance Manual, any contract with a total value over $1M is subject to an additional review by the Independent Office of Audits and Investigations to confirm that the proposed indirect cost rate was developed in accordance with the appropriate federal requirements. This review has been submitted, and the final contract value may deviate based on the results. Staff recommends this award be made contingent upon Caltrans approval, at which time the final agreement will be dated and signed.
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with
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City Council Staff Report
July 8, 2026 -- Page 4
Approve CM Agreement for CP 12-04 East Palm Canyon Bridge the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. The Project is funded, in part, by federal funds, requiring local oversight by the State of California, Department of Transportation (“Caltrans”).
As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On November 3, 2017, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion in accordance with 23 CFR 771.117(d).
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
Sufficient funding is available to approve the TYLin Agreement in the amount of $2,707,038.00 from the following accounts:
• Highway Bridge Funding Source; up to $1,347,711.38 (Caltrans share) • Regional Measure A Fund (134); $1,019,494.96 (CVAG share) • Local Measure A Fund (134); $339,831.66 (City share)
o Note – The City will be seeking additional funding to maximize funding shares from Caltrans and CVAG. Subsequently, the City share regarding Construction Management Costs is expected to be reduced at a later time.
The City will finance the initial upfront costs, however, through reimbursements with the other Agencies, the above amount is what the City is expected to spend for the term of the Construction Management agreement.
REVIEWED BY:
Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. TYLin Public Integrity Disclosure Form
B. TYLin Agreement
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Attachment A
Public Integrity Disclosure Form - Accenture
Public Integrity Disclosure Form - TYLin
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TYLin | East Palm Canyon Drive Bridge, RFP 12-04 i-21
1 ATTACHMENT “E”
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, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
____________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _________________________________
[name]
General Partner Limited Partner
Other _________________________________
____________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _________________________________
T.Y. Lin International
345 California Street, Suite 2400, San Francisco, CA 94104 3633 East Inland Empire Boulevard, Suite 700, Ontario, CA 91764 California
Dan Fitzwilliam, PE
Vice President, Principal-in-Charge
Joseph Smith, PE, CCM
____________________________________________ Officer Director Member Manager Vice President, Project Manager
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TYLin | East Palm Canyon Drive Bridge, RFP 12-04 i-22 2
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
Joseph Smith,
Vice President, Project Manager
April 23, 2026
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Attachment B
Agreement - TYLin
https://publicportal.palmspringsca.gov/WebLink/
DocView.aspx?id=1460722&dbid=0&repo=CityHall-Primary
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CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 20378, AND
DECLARING ALL CITY VOLUNTEERS AND CITY BOARDS AND
COMMISSIONERS TO BE EMPLOYEES OF THE CITY OF PALM
SPRINGS FOR THE PURPOSES OF WORKERS' COMPENSATION
INSURANCE
FROM: Scott C. Stiles, City Manager
BY: Jeremy Hammond, Deputy City Manager
SUMMARY:
This action will approve a resolution to provide workers’ compensation insurance benefits to volunteers, including appointed board and commission members.
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 20378, AND
DECLARING ALL CITY VOLUNTEERS AND CITY BOARDS AND COMMISSIONERS
TO BE EMPLOYEES OF THE CITY OF PALM SPRINGS FOR THE PURPOSES OF WORKERS' COMPENSATION INSURANCE.”
BACKGROUND:
Traditionally, workers’ compensation insurance is statutorily provided to all eligible workers in the state of California. A provision of the labor code allows an employer to pass a resolution to treat volunteers as employees for the strict purpose of the provision of workers’ compensation insurance benefits. In 2002, the City Council adopted a resolution that provided workers’ compensation insurance benefits to various categories of Fire Department and Police Department volunteers.
STAFF ANALYSIS:
Over the last two decades, the workforce has changed dramatically in terms of both composition and complexity. In addition to the City’s full-time and part-time compensated workforce, there is a complement of volunteers and members of boards and commissions
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City Council Staff Report
July 8, 2026 -- Page 2
Resolution to Provide Worker’s Compensation Benefits to Volunteers providing services to the City. Previously, the City made the determination to provide workers’ compensation insurance benefits to the Reserve Police, Fire, Mounted Police and Aero Squadron, Citizens on Patrol, and Fire Reserve volunteer groups. Today, there are volunteers across the organization in many different departments including Parks and Recreation and the Palm Springs International Airport.
Our volunteers today are exposed to many of the same industrial hazards as our compensated workforce. Under the Labor Code, a municipality may pass a resolution identifying volunteers as employees, solely for the purpose of workers’ compensation benefits. By approving the resolution presented as Attachment A, all volunteers including members of the City’s boards and commissions would be eligible for workers’ compensation benefits in the event of an industrial injury.
Providing these benefits to volunteers will not increase the cost of the City’s workers’ compensation insurance. Any financial impact would occur if a volunteer was injured during the course and scope of their approved volunteer activities as the City is responsible for the first dollar of medical benefits until the self-insured retention is met.
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 City Council Strategic Plan Broad Goal of Financial and Organizational Well-Being.
FISCAL IMPACT:
There is no increase in the workers’ compensation insurance policy premium. Fiscal impacts are realized if volunteer injuries occur as the city will pay first dollar coverage until the self-insured retention is met.
REVIEWED BY:
Department Director: Jeremy Hammond
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Proposed Resolution
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ATTACHMENT A
Proposed Resolution
G – Page 122 of 1296
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RESCINDING
RESOLUTION NO. 20378, AND DECLARING ALL CITY
VOLUNTEERS AND CITY BOARDS AND
COMMISSIONERS TO BE EMPLOYEES OF THE CITY OF
PALM SPRINGS FOR THE PURPOSES OF WORKERS
COMPENSATION INSURANCE
WHEREAS, Resolution No. 20378, adopted on June 19, 2002, provided that volunteer reserve personnel are those volunteers who have been officially accepted for membership and who are registered in the Reserve Police, Fire, Mounted Police, and Aero Squadron, Citizens on Patrol, and Fire Reserve groups of the City; and WHEREAS, said volunteers were deemed to be employees of the City of Palm Springs for the limited purposes of providing them with Workers’ Compensation coverage while performing volunteer services, training and participating in community events, when requested by the City as a part of their reserve status, to provide such services; and WHEREAS, the composition of volunteer services provided to the City have expanded beyond Police and Fire Reserves and now includes volunteers in other City Departments, including Parks and Recreation, the Library, and the Airport; and WHEREAS, the City’s Human Resources Department manages the City’s volunteer program and reviews and approves volunteers to provide services to the City; and
WHEREAS, for the purposes of this resolution, City Council appointees to Boards and Commissions will be treated as volunteers for the purpose of providing Workers’ Compensation benefits; and
WHEREAS, the City maintains excess insurance coverage for workers’ compensation benefits provided to City employees.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Resolution No. 20378 is hereby rescinded.
SECTION 2. That for the purposes of this Resolution, all Boards Members and Commissioners appointed by the City Council and all volunteers that are processed and approved by the Human Resources Department shall be deemed employees of the City of Palm Springs for the limited purposes of providing them Workers’ Compensation coverage while performing volunteer services, training and participating in community events, when requested by the City as a part of their volunteer status.
SECTION 3. That the City Manager or designee shall have the authority to
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Resolution No. _____
determine and approve when it is in the best interest of the City to have volunteers, as designated above, participate in community events.
ADOPTED THIS 8TH DAY OF JULY, 2026.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
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Resolution No. _____
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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, hereby 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 July 8, 2026, 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 July, 2026.
Brenda Pree, City Clerk
City of Palm Springs, California
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CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ONE (1) LENCO BEARCAT
ARMORED VEHICLE
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This action will authorize the issuance of a purchase order for the acquisition of one (1) new Lenco BearCat G3 armored vehicle in an amount not to exceed $449,125, inclusive of a 10% contingency.
The proposed purchase will replace the City’s existing armored vehicle with updated equipment that better supports current operational requirements, officer and community safety, and regional emergency-response capabilities.
RECOMMENDATION:
1. Approve the issuance of a purchase order to Lenco Industries, Inc., for the purchase of one (1) new Lenco BearCat armored vehicle, in an amount not to exceed $449,125, inclusive of a 10% contingency; and
2. Once the new Lenco BearCat has been received and placed into service, declare the existing 2006 Lenco BearCat, Unit 074, surplus, waive the disposition requirements of Section 7.08.02 of the Palm Springs Municipal Code, and authorize the City Manager or designee to donate or transfer the vehicle, on an “as-is, where-is” basis, to an eligible neighboring city, municipal law enforcement agency, or other public agency, or, if no suitable recipient is identified staff will return to City Council prior to surplus of the 2006 Lenco BearCat; and
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment A) Lenco Armored Vehicles Inc. is registered in the state of California.
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City Council Staff Report
July 8,2026 -- Page 2
Authorize the Purchase of One Lenco BearCat Armored Vehicle BACKGROUND:
On June 5, 1996, the City Council adopted Resolution No. 18834 (Attachment B), establishing the City’s Equipment Replacement Policy. The policy provides criteria for replacing vehicles based on factors including vehicle type, age, mileage, condition, and operational need. A copy of the resolution is included as an attachment to this report.
During prior economic downturns, the City suspended its regular vehicle replacement program and authorized replacements primarily on an emergency or critical-need basis.
This resulted in a backlog of aging vehicles with increased mileage, wear, and maintenance needs. In recent years, the City Council has authorized the purchase of replacement vehicles, as well as additional vehicles required for newly established positions, helping to reduce the City’s vehicle replacement backlog.
The City’s existing Lenco BearCat, unit 074, has been in service since 2006 and is now approximately 20 years old. Due to the age of the unit and the specialized public safety role it serves, replacement is necessary to ensure the Police Department has reliable and updated equipment available for emergency response operations. The BearCat is used to support high-risk public safety incidents, including rescue operations, active threats, barricaded subjects, and other critical situations where officer, firefighter, paramedic, and civilian safety may be at risk.
The Palm Springs Police Department recognizes its primary role in protecting the community and maintaining public peace, as well as the significant responsibility associated with possessing and using military-style equipment. The use of this equipment requires accountability, transparency, appropriate training, and clearly defined operational procedures. Armored rescue vehicles provide critical protection to law enforcement officers and other public safety personnel when responding to incidents involving armed individuals, high-powered firearms, active threats, and other dangerous circumstances.
The Lenco BearCat is an armored rescue vehicle that provides ballistic protection for its occupants. It is classified as military equipment under California Government Code Section 7070(c) and Palm Springs Police Department Policy No. 709.
Under Policy No. 709, the deployment of an armored vehicle is limited to circumstances authorized by a Watch Commander or SWAT Commander based on the specific conditions of a critical incident. The vehicle may be operated only by personnel trained in its deployment and must be used in a manner consistent with Department policy and training. Operators must possess a valid California driver license. Armored vehicles are not authorized for routine patrol activities and may not be used for crowd-control purposes unless violence has escalated to a level involving a threat of lethal force against members of the public or law enforcement personnel.
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City Council Staff Report
July 8,2026 -- Page 3
Authorize the Purchase of One Lenco BearCat Armored Vehicle The BearCat also supports Desert Regional SWAT, a regional team consisting of personnel from the Cathedral City, Indio, and Palm Springs police departments. The regional team supports large-scale and high-profile events and may be required to respond to time-sensitive critical incidents within any of the participating jurisdictions.
Because the BearCat may be operated with a valid Class C driver license, trained patrol personnel may deploy the vehicle during rapidly evolving emergencies to establish protected corridors, assist with evacuations, and enhance officer and civilian safety while regional tactical personnel are mobilizing.
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 its 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.
The City’s fleet inventory identifies an expected useful life of approximately 15 to 20 years for this type of specialized vehicle. Due to its age and regular operational use, the existing BearCat has experienced increasing wear and has reached the end of its expected service life. Replacing the vehicle will improve reliability, reduce the potential for downtime, and ensure that the City maintains an effective armored-rescue capability.
The Public Works Department, in coordination with the Police Department, proposes purchasing one new Lenco BearCat G3 armored rescue vehicle from Lenco Industries, Inc. through Houston-Galveston Area Council Cooperative (H-GAC) Contract No. AM10-
23. Palm Springs Municipal Code Section 7.03.09, “Special Procurement Methods,” subsection 5, “Cooperative Purchasing Programs,” authorizes the City Council to approve the acquisition of supplies or services through a joint powers authority or another cooperative purchasing program established by a public entity or association of public agencies or officials. Such purchases may be authorized when the vendor was selected through a competitive process similar to the requirements of Title 7, or through a process otherwise adequate to protect the public interest, and when economies of scale, the nature of the product, or market conditions make cooperative purchasing advantageous to the City.
H-GAC is a public agency that conducts competitive solicitations and awards contracts to qualified vendors. Participating public agencies benefit from competitively established pricing, economies of scale, and a streamlined procurement process. Utilizing H-GAC Cooperative Contract No. AM10-23 will allow the City to efficiently procure the specialized vehicle necessary to support the operational and emergency-response needs of the Palm Springs Police Department.
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City Council Staff Report
July 8,2026 -- Page 4
Authorize the Purchase of One Lenco BearCat Armored Vehicle Police Department:
Has 1 existing vehicle that is 20 years old and requires replacement.
Existing Unit # Year Make/Model Mileage
074 2006 Lenco BearCat 20,565
This vehicle is being replaced with the vehicle shown below:
Replacement Make/Model Cost
One (1) 2026 Lenco BearCat $408,296.00
Contingency 10% $40,829.00
Total Estimated Cost $449,125.00
*Vehicle Year, Make and Model may change due to availability.
The process of ordering, delivering, upfitting, and placing the new Lenco BearCat into service is expected to take approximately two years. The 2006 Lenco BearCat, Unit 074, will remain in active service throughout this period, ensuring the Police Department is not without an armored-rescue vehicle. During this time, the Police Department would like to retain the option to identify an eligible recipient for the existing BearCat, should a suitable agency and regional public-safety need arise. Any donation or transfer would occur only after the new BearCat is fully in service, on an “as-is, where-is” basis, to an eligible neighboring city, municipal law enforcement agency, or other public agency, with the receiving agency assuming all future maintenance, repair, insurance, regulatory, and operating costs. Any such transfer would be made consistent with Policy No. 709, Section 709.6, and the Association of Riverside County Chiefs of Police (ARCCOPS) mutual aid agreement, under which cities within Riverside County have agreed to accept the use of each agency’s Military Equipment policy for enforcement actions throughout the county.
Given restrictions under California law on the ownership and possession of military equipment, the Department requests that the City Council waive the applicable requirements of Section 7.08.02 to allow for the donation or intergovernmental transfer described above, as determined by the City Manager or designee. If no suitable recipient is identified staff will return to City Council prior to surplus of the 2006 Lenco BearCat.
Staff recommend approval for the purchase of one new Lenco BearCat G3 armored rescue vehicle from Lenco Industries, Inc. through H-GAC Cooperative Contract No.
AM10-23 in an amount not to exceed $449,125, inclusive of applicable taxes, fees, delivery costs, equipment, and a 10% contingency.
H – Page 130 of 1296
City Council Staff Report
July 8,2026 -- Page 5
Authorize the Purchase of One Lenco BearCat Armored Vehicle 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: Public Safety and Community Services
FISCAL IMPACT:
Sufficient funds for this purchase are available in the following accounts:
• 1205030-50032
• 1005000-60015
REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Procurement and Contracting Manager: Tabitha Richards
Chief of Police: Andrew G. Mills
Director of Finance & Treasurer: Kristopher J. Mooney
Assistant City Manager: Teresa Gallavan
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure
B. Resolution No. 18834
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ATTACHMENT “A”
Public Integrity Disclosure
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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, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Lenco Industries, Inc. / DBA Lenco Armored Vehicles
10 Betnr Industrial Drive, Pittsfield, MA 01201
Massachusetts
S Corporation
N/A
N/A
N/A
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
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 Josh LaBarre, Contracts Specialist
6/22/2026
Light, Leonard W.
Light, Diane
Controlling - 50%, Lenco Industries, Inc.
Controlling - 50%, Lenco Industries, Inc.
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ATTACHMENT “B”
Resolution No. 18834
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H – Page 136 of 1296
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CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF THE CALIFORNIA BOARD OF FORESTRY AND
FIRE PROTECTION'S DESIGNATION OF THE CITY OF PALM SPRINGS
TO THE FIRE RISK REDUCTION COMMUNITY LIST
FROM: Scott C. Stiles, City Manager
BY: Fire Department
SUMMARY:
The California Board of Forestry and Fire Protection has officially designated the City of Palm Springs as a Fire Risk Reduction Community and added the City to the Fire Risk Reduction Community List (FRRCL). This designation recognizes the City's proactive efforts to reduce wildfire risk through vegetation management programs, community risk reduction initiatives, public education, and the adoption of enhanced wildfire prevention measures.
RECOMMENDATION:
Receive and file the report regarding the City of Palm Springs' inclusion on the California Board of Forestry and Fire Protection's Fire Risk Reduction Community List (FRRCL).
BACKGROUND:
The California Board of Forestry and Fire Protection established the Fire Risk Reduction Community List to recognize local jurisdictions that have demonstrated meaningful actions to reduce wildfire risk and improve community preparedness. Communities are evaluated based on their implementation of wildfire mitigation strategies, public education initiatives, local policies, and programs designed to enhance resilience to wildfire hazards.
The City of Palm Springs has made significant investments in wildfire preparedness and mitigation efforts over the past several years. These efforts include the adoption and enforcement of local vegetation management requirements, implementation of defensible space initiatives, public outreach and education campaigns, fuel reduction projects on City-owned properties, and the adoption of enhanced wildfire prevention measures that exceed minimum state requirements.
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City Council Staff Report
July 8, 2026 -- Page 2
City of Palm Springs Designation to the Fire Risk Reduction Community List As a result of these collective efforts, the California Board of Forestry and Fire Protection officially designated Palm Springs as a Fire Risk Reduction Community and included the City on the Fire Risk Reduction Community List.
This recognition provides several benefits to the community. Inclusion on the Fire Risk Reduction Community List demonstrates Palm Springs' commitment to protecting lives, property, and natural resources while enhancing the City's overall wildfire resilience. The designation may strengthen the City's competitiveness for state and federal wildfire mitigation grants, support future funding opportunities for fuel reduction and community preparedness projects, and provide residents and businesses with added confidence that Palm Springs is implementing nationally recognized wildfire risk reduction practices.
Additionally, the designation may support efforts to improve insurance availability and affordability by demonstrating to insurers that the City has adopted proactive wildfire risk reduction measures and is committed to long-term community resilience.
STAFF ANALYSIS:
The designation as a Fire Risk Reduction Community represents a significant accomplishment for the City of Palm Springs and validates the City's ongoing commitment to wildfire preparedness and community risk reduction. The designation recognizes the collaborative efforts of City staff, residents, community organizations, and regional partners in implementing programs and policies that reduce wildfire risk.
This recognition also positions the City favorably for future opportunities to pursue state and federal grant funding for wildfire mitigation, vegetation management, and community preparedness initiatives. Furthermore, the designation supports ongoing efforts to educate residents about defensible space, home hardening, and wildfire preparedness measures that can reduce risk to life and property.
As insurance carriers increasingly consider community-level wildfire mitigation efforts when assessing risk, designation on the Fire Risk Reduction Community List may also contribute to improved insurance availability and affordability over time. Although the City cannot guarantee insurance outcomes, this designation positions Palm Springs favorably as insurers increasingly consider community-level wildfire mitigation efforts when evaluating risk. Overall, this designation reinforces the City's ongoing commitment to proactive risk reduction, educating residents, reducing wildfire hazards, and promoting safer, more resilient neighborhoods.
Staff will continue to build upon this achievement by pursuing additional wildfire mitigation initiatives, implementation of vegetation management projects, and expansion of community education and outreach programs.
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City Council Staff Report
July 8, 2026 -- Page 3
City of Palm Springs Designation to the Fire Risk Reduction Community List ENVIRONMENTAL ASSESSMENT:
Pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this action is not a project because it consists solely of receiving and filing an informational report and will not result in a direct or reasonably foreseeable indirect physical change to the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council’s Strategic Plan Broad Goal of Public Safety and Community Services.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Paul Alvarado, Fire Chief
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Fire Community Risk Reduction List
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Attachment A
FCRRL List
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BOARD OF FORESTRY AND FIRE PROTECTION TERRENCE O’BRIEN, CHAIR THE NATURAL RESOURCES AGENCY Wade Crowfoot, Secretary
STATE OF CALIFORNIA Gavin Newsom, Governor
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 653-8007
BOF Website: www.bof.fire.ca.gov
The Board’s mission is to lead California in developing policies and programs that serve the public interest in environmentally, economically, and socially sustainable management of forest and rangelands, and a fire protection system that protects and serves the people of the state.
CITY:
• City of Arcadia
• City of Banning
• City of Beaumont
• City of Berkeley
• City of Bradbury
• City of Calabasas
• City of Chula Vista
• City of Corona
• City of Dana Point
• City of Eastvale
• City of El Cerrito
• City of Hemet
• City of Jurupa Valley
• City of La Verne
• City of Lake Elsinore
• City of Lake Forest
• City of Malibu
• City of Mission Viejo
• City of Monterey
• City of Moreno Valley
• City of Murrieta
• City of Nevada City
• City of Norco
• City of Pacific Grove
• City of Palm Springs
• City of Rancho Palos Verdes
• City of Rancho Santa Margarita
• City of Redlands
• City of Riverside
• City of San Clemente
• City of San Juan Capistrano
• City of San Luis Obispo
• City of Santee
• City of Saratoga
• City of Shasta Lake
• City of Temecula
• City of Vacaville
• City of Westlake Village
• City of Wildomar
• City of Yucaipa
• Town of Los Gatos
• Town of Truckee
COUNTY:
• County of Alpine
• County of Butte
• County of El Dorado
• County of Los Angeles
• County of Mariposa
• County of Napa
• County of Nevada
• County of Placer
• County of Riverside
• County of San Diego
• County of Santa Barbara
• County of Santa Cruz
2026 FIRE RISK REDUCTION COMMUNITY LIST
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NON-CITY/NON-COUNTY:
• Albion Little River Fire Protection
District
• Alpine Fire Protection District
• Brea Fire Department
• Calistoga Fire Department
• Cambria Community Services
District
• Carmel Highland Fire Protection
District
• Chino Valley Fire District
• Chula Vista Fire Department
• Contra Costa Fire Protection
District
• Crockett-Carquinez Fire
Protection District
• Cypress Fire Protection District
• East Bay Municipal Utility District
• East Bay Regional Park District
• El Cerrito-Kensington Fire
• Elk Community Services District
• Fontana Fire Protection District
• Humboldt County Resource
Conservation District
• Inverness Public Utility District
• Kern County Fire Department
• Lake County Fire Protection
District
• Leggett Valley Fire Protection
District
• Long Valley Fire Protection
District
• Los Altos Hills County Fire District
• Mariposa Resource Conservation
District
• Monterey County Regional Fire
District
• Monterey Fire Department
• Moraga-Orinda Fire Protection
District
• Morro Bay Fire Department
• North Sonoma Coast Fire
Protection District
• North Tahoe Fire Protection
District
• Northern Sonoma County Fire
Protection District
• Northstar Fire Department
• Novato Fire Protection District
• Olympic Valley Fire Department
• Orange County Fire Authority
• Pebble Beach Community
Services District
• Placer County Resource
Conservation District
• Rancho Cucamonga Fire
Protection District
• Rancho Murieta Community
Services District
• Richmond Fire Department
• Round Valley Indian Tribes
• Running Springs Fire Department
The Board’s mission is to lead California in developing policies and programs that serve the public interest in environmentally, economically, and socially sustainable management of forest and rangelands, and a fire protection system that protects and serves the people of the state.
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• Sacramento Municipal Utility
District
• San Bernardino County Fire
Protection District
• San Diego County Fire Protection
District
• San Miguel Consolidated Fire
Protection District
• San Ramon Valley Fire Protection
District
• Santa Lucia Community Services
District
• Shasta Valley Resource
Conservation District
• Solano Resource Conservation
District
• Sonoma Valley Fire District
• South Lake Tahoe Fire Rescue
• South Placer Fire Protection
District
• Southern Marin Fire Protection
District
• Stanislaus County Office of
Education
• Stinson Beach Fire Protection
District
• Suisun Fire Protection District
• Tahoe City Public Utility District
• Trabuco Canyon Water District
• Trinity Center Community
Services District
• Truckee Fire Protection District
• Vacaville Fire Protection District
• Ventura County Fire Protection
District
• Vista Fire Protection District
• Yurok Fire Department
NON-CITY/NON-COUNTY CONTINUED:
The Board’s mission is to lead California in developing policies and programs that serve the public interest in environmentally, economically, and socially sustainable management of forest and rangelands, and a fire protection system that protects and serves the people of the state.
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CITY COUNCIL STAFF REPORT
DATE: JULY 8, 2026 CONSENT CALENDAR
SUBJECT: AWARD CONSTRUCTION CONTRACT AND MAINTENANCE SERVICE AGREEMENT WITH MATRIX AUDIO VISUAL DESIGN, INC., FOR
COUNCIL CHAMBER AV UPGRADES
FROM: Scott C. Stiles, City Manager
BY: Information Technology
SUMMARY:
This action will award construction contract 26B127 in the amount of $399,070.80 and contract service agreement 26B128 in the amount of $90,861 for Council Chamber AV upgrades.
RECOMMENDATION:
1) Approve Construction Contract 26B127 (Attachment A) with Matrix Audio Visual Designs, Inc., to provide audio visual (AV) upgrades related construction services in an amount not to exceed $399,070.80;
2) Approve Contract Service Agreement 26B128 (Attachment B) with Matrix Audio Visual Designs, Inc., to provide preventive maintenance services in an amount not to exceed $90,861 for an initial three-year term commencing on the issuance of a notice to proceed (following the one-year warranty period upon completion of 26B127), with two one-year extension options at the City sole discretion; 3) Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure forms (Attachment C) submitted in June of 2026, Matrix Audio Visual Designs, Inc., is registered in the state of California.
BACKGROUND:
The City Council Chamber’s audiovisual (AV) system serves as the primary platform for conducting City Council meetings, public hearings, commission meetings, and other public proceedings, and was last comprehensively upgraded in 2017 following City Council approval at its April 5 meeting. Since that time, the system has provided critical
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City Council Staff Report
July 8, 2026 -- Page 2
Award Construction Contract 26B127 and Maintenance Agreement 26B128 support for public meetings, agenda management, presentations, broadcasting, and public participation.
The existing system has now reached the end of its useful life and relies on proprietary technology with limited manufacturer support and replacement parts availability. In recent years, the City has experienced an increase in system failures, reliability concerns, and maintenance challenges that have impacted meeting operations and increased support requirements.
To ensure continued reliability and support the City's operational needs, the City initiated a competitive solicitation process to replace and modernize the Chambers AV infrastructure. A mandatory pre-proposal site walk was conducted on May 26, 2026, providing prospective proposers with the opportunity to review existing conditions, understand operational requirements, and ask questions regarding the project scope.
It should be noted that this project is limited to the replacement and modernization of audiovisual technology systems within the Council Chamber. The scope includes audio, video, control, presentation, streaming, and related technology components necessary to support public meetings. The project does not include modifications to the Chamber's architectural elements, millwork, furniture, seating, flooring, carpeting, wall finishes, lighting, or other building improvements.
The proposed upgrade will replace aging technology, improve system reliability, enhance meeting experience for elected officials, staff, and the public, integrate with Granicus (the software currently used for voting and agenda management), and provide a modern, supportable platform capable of meeting the City's needs for years to come.
Following the solicitation process, proposals were evaluated based on qualifications, technical approach, experience with similar municipal installations, project understanding, and cost. Matrix AV was determined to be the most qualified firm and submitted the proposal that best met the City's operational, technical, and budgetary requirements.
STAFF ANALYSIS:
This invitation for bid was structured to include a base bid (basis of award) and five optional items for consideration, including:
1. REFLECT PLUS
a. Annual Cloud-based REFLECTION service with cloud-based storage and delivery operating in conjunction with both Cablecast Live and Cablecast VOD software. Content is pushed to REFLECT+, eliminating the need to open a port in your Firewall. Includes full closed captioning text search with video indexing. Includes annual Branded OTT and Mobile APP renewal fees. Also includes 10TB of storage. Additional storage available in 1TB increments. Serves a virtually unlimited number of live and VOD streams
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City Council Staff Report
July 8, 2026 -- Page 3
Award Construction Contract 26B127 and Maintenance Agreement 26B128 over the web, OTT and Mobile apps. Includes up to 3 live streaming Channels.
Renews annually.
b. Including access to the FREE Cablecast OTT App on Apple TV, Roku, Fire TV, iOS, & Android Mobile.
2. Aura Bluetooth broadcasting.
3. Optional Service Level Agreements – Contractor shall provide pricing for optional three (3) year Service Level Agreements (SLAs) in the following tiers:
a. Tier 1 – Preventive Maintenance shall include:
i. Two (2) scheduled site visits per year for system maintenance ii. System inspection and performance verification
iii. Firmware and software updates (as applicable)
iv. Written recommendations for system optimization
v. Remote diagnostics and support capability.
b. Tier 2 – Maintenance and Labor Support – Includes all services in Tier 1, plus:
i. Labor and travel costs for on-site diagnosis and repair of system issues
ii. Remote troubleshooting support
iii. Replacement parts shall be excluded and invoiced separately at current market rates.
c. Tier 3 – Comprehensive Support – All-inclusive service - Includes all services in Tier 2, plus:
d. Includes replacement parts required for system repair.
On May 14, 2026, the Procurement and Contracting Department issued Invitation for Bids (IFB 26-12) for Council Chamber AV upgrades based on the specifications provided by the IT Department. IFB 26-12 (Attachment D) was advertised in the local newspaper, published on the PlanetBids website with notification to 40 registered vendors. This outreach resulted in the submission of 3 bids.
The following contractors submitted bids for consideration by June 11, 2026, deadline, outlining the basis bid award (not including optional pricing items). • Matrix Audio Visual Designs, Inc. – Burbank, CA $363,499.24 • Tripepi Smith and Associates, Inc. – Ladera Ranch, CA $575,000.00 • GA Technical Services Inc. – Glendora, CA $869,034.00 Following review of the project budget, the Department opted to move forward with the optional pricing items, including the replacement of RELFECT PLUS annual cloud-based
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City Council Staff Report
July 8, 2026 -- Page 4
Award Construction Contract 26B127 and Maintenance Agreement 26B128 service ($30,376.45), and Aura Bluetooth broadcasting ($5,195.11), for a total Construction Contract amount of $399,070.820; and Tier 3 Service Level Agreement for a total Contract Services Agreement amount of $90,861, or $30,287 annually.
The Service Level Agreement shall be effective following the one-year warranty period upon completion of construction of the Council Chamber AV Upgrades, for an initial threeyear term, with two optional one-year terms.
The Departments’ intent for this solicitation was to award to the lowest, responsive and responsible bidder. Staff recommend approval of Construction Contract No. 26B127 in the amount not to exceed $399,070.80 and Contract Service Agreement 26B128 in the amount not to exceed $90,861.
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment, and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 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 use beyond that existing at the time of the lead agency’s determination. Therefore, in accordance with Section 15301 (b), Staff has determined that replacement of audiovisual technology is considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
Costs for this project are covered by special user fees collected by the City through Charter Cable for technology improvements for broadcasting public meetings on the City's public access channels; these fees are identified as "public, educational, and government access" (or "PEG") fees. PEG fees are collected and set aside specifically for improvements to be made associated with broadcasting on the City's public access channels and cannot be used for other purposes. There is sufficient funding in the PEG fees account for this project.
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City Council Staff Report
July 8, 2026 -- Page 5
Award Construction Contract 26B127 and Maintenance Agreement 26B128 REVIEWED BY:
Director of Information Technology: Larry Klingaman
Procurement & Contracting Manager: Tabitha Richards
Deputy City Manager: Jeremy Hammond
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Construction Contract (26B127)
B. Contract Service Agreement (26B128)
C. Public Integrity Disclosure Form
D. IFB 26-12
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ATTACHMENT A
Construction Contract
26B127
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Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
SHORT FORM CONSTRUCTION CONTRACT 26B127
COUNCIL CHAMBER AV UPGRADES
1. PARTIES AND DATE.
This Contract is made and entered into this day of , 2026 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Matrix Audio Visual Designs, 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 providing council chamber audio visual (AV) upgrades 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: C-7
2.3 Project. City desires to engage Contractor to render such services for the Council Chambe AV upgrades (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bonds, payment bonds, 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 Three Hundred Ninety-Nine Thousand Seventy Dollars and Eighty Cents ($399,070.80) (“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
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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 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 City 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 to 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.
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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 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 47 calendar days, 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 damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred Dollars ($ 500.00) 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
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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 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”)
• Addenda
• Change Orders executed by the City
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
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 Services for the Work are further described in Exhibit “A” and Schedule of Compensation 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
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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 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, markups, 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) days, 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
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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 “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 Conditions (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
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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 belowreferenced compensation in accordance with compensation provisions set forth in the Contract.
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
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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 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 such 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 regulating discharges of storm
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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 disturbance of more than one acre of total land 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.
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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 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
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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, 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 Contract, 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 district 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
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Certificates of Reported Compliance, 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 responsible 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 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
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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, 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
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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 Claim 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 Claim 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 Claim, 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.
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 Days (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 Claim 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
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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 Claim 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.
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 Days, but no earlier than 30 Days, 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 Discovery 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.
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3.12.10.2 In addition to any and all Contract 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, Contractor 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 Claims that arise after the Government Code claim is submitted.
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 terminate this Contract 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 officials, 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.
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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 other 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 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.
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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 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 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 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.
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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 given 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 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 selfinsured 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 selfinsured 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 investigation 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
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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 “F” 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 “F” 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 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.
3.16.3 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. No 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 considered 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
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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 benefit 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.
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
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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, materials 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.
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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.
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, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, 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 City Manager, 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
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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.
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: Matrix Audio Visual Designs, Inc.
Attention: Hovik Mirzakhanian
2525 W. Burbank Blvd.
Burbank, CA 91505
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.
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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.
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 Registrar, 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.
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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 compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [Signatures on Next Page]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MATRIX AUDIO VISUAL DESIGNS, 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
1.1 Scope:
A. The Contractor shall replace the existing legacy environment with a modern, fully integrated, broadcast-grade audio/visual system that supports:
1. In-person and hybrid public meetings
2. Zoom Room functionality
3. Granicus One Agenda Management and voting integration
4. Streaming to PEG, YouTube, Swagit and other public platforms
5. Accessibility and assistive listening requirements
6. Overflow room operation
7. One-person operational control workflows
The AV system shall improve long-term reliability, reduce operational complexity, standardize technology platforms across City facilities, and provide a scalable foundation for future Council Chamber technology needs.
Work shall take place during planned recess(es) for Palm Springs City Council. All work testing, training etc. MUST be completed to accommodate a planned City Council meeting date taking place within the Council Chamber. Contractor shall coordinate with City to ensure AV equipment is functioning properly prior to any planned City Council meeting.
B. Bill of Materials
The Bill of Materials (BOM) shall establish the minimum system architecture and performance requirements for bidding purposes. Final quantities, models, and associated accessories shall be verified by the Contractor during detailed engineering and submittal review.
All materials, components, accessories, cabling, mounting hardware, licensing, programing, and appurtenant items required for a complete and operational system shall be included whether specifically identified herein or not.
1. Control System
Qty Description Manufacturer or
Approved Equivalent Notes
1 Central Control
Processor Crestron Enterprise-grade processor
1 Primary AV Operator
Touch Panel Crestron Broadcast control interface
1 Broadcast Control
Room Touch Panel Crestron Secondary control location
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Qty Description Manufacturer or
Approved Equivalent Notes
1 Clerk Control Interface Crestron Audio and
meeting controls
1 Control System
Programming Package Crestron Includes all workflows
1 Remote Monitoring
Integration Crestron Health monitoring
2. Windows Touchscreen Stations
Qty Description Notes
14 Windows-based Touchscreen Stations Council dais + Clerk stations 14 Mounting Hardware & Connectivity Integrated with dais 14 Windows OS Hardening Configuration Domain-joined
14 Granicus One Integration Setup Auto-launch configuration
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3. Video Switching & Routing
Qty Description Manufacturer or
Approved Equivalent Notes
1 Broadcast Video
Switcher Blackmagic Design ATEM-class
1 SDI Video Router Blackmagic Design Smart Videohub
or equivalent
2 Streaming Encoders Blackmagic Design Primary +
redundant
2 Recording Decks Blackmagic Design HyperDeck-class
1 Multiview Monitoring
System Blackmagic Design Broadcast monitoring
1 SDI Distribution System Blackmagic Design Chamber-wide routing
1 HDMI/Presentation
Interface System Blackmagic Design Laptop integration
4. Cameras
Qty Description Notes
1 Camera Control System Integrated with Crestron
1 Auto Camera Switching Integration Microphone triggered 4 PTZ Mounting Systems Wall/ceiling mounts
4 SDI Camera Connectivity Packages Cabling + converters
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5. Audio Systems
Qty Description Notes
1 Enterprise DSP System Q-SYS/Biamp equivalent
1 Automatic Mixer Integrated with DSP
1 Acoustic Echo Cancellation Package Per-channel AEC
14 Digital Push-to-Talk Microphones Council + Mayor
2 Staff Area Microphones Clerk/staff
1 Public Podium Microphone Broadcast-quality
1 Wireless Handheld Microphone Kit Public use
1 Assisted Listening Integration DSP integrated
1 Hearing Loop System ADA compliant
1 Auracast Integration Package If feasible
1 Audio Amplification System Chamber-wide
1 Chamber Speaker System Replace if necessary
1 Overflow Room Audio Feed System Large Conference Room
6. Zoom room System
Qty Description Notes
1 Dedicated Zoom Room Appliance Rack-mounted
1 Zoom Room Controller Integrated
1 Zoom Rooms Licensing Integration City-provided licensing 1 Zoom Audio/Video Integration Package DSP + switcher integration
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7. Display System
Qty Description
Manufacturer
or Approved
Equivalent
Notes
8 55”-75 Commercial Confidence
Monitors
New Line
Interactive
Chamberwide
8 Display Mounting Systems Not specified Concealed
cabling
1 Display Distribution System Not specified Matrix-routed 1 Digital Signage/Display Control Not specified Integrated
8. Closed Captioning & Accessibility
Qty Description Notes
1 Real-Time Captioning Integration Zoom + broadcast
1 Multi-Language Interpretation Routing Interpreter support 1 Caption Display Integration Confidence monitor support 1 Accessibility Compliance Package ADA support
9. Overflow Room Systems
Qty Description Notes
1 Overflow Room Video Feed Integration Large Conference Room 1 Overflow Audio Distribution DSP integrated
1 Overflow Display Integration Existing/new displays
1 Overflow Control Integration One-touch activation
10. Broadcast & Streaming
Qty Description Notes
1 PEG Broadcast Output Integration SDI output
1 YouTube Streaming Integration Primary stream
1 Granicus Streaming Integration Program feed
1 Local Archive Recording System Redundant recording
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Qty Description Notes
1 Broadcast Graphics Integration Lower thirds/voting
11. Network & Infrastructure
Qty Description Notes
1 Dedicated AV Network Switch Stack Managed
1 AV VLAN Configuration Coordinate with IT
1 UPS Power Backup System Rack systems
1 Rack & Cable Management System Full rack redesign
1 Fiber/Copper Backbone Infrastructure As required
1 Equipment Labeling Package TIA compliant
12. Services
Qty Description Notes
1 System Configuration & Coordination
Complete system
configuration and
deployment coordination
1 AV System Programming, Integration &
Setup
Full integration of all
provided AV components
and control functions
1 System Documentation & Equipment
Submittals
Complete documentation
package for review and
approval
1 Council Clerk Process Coordination
Coordination with City
Clerk staff to support
meeting workflows and
operational requirements
1 System Verification & Operational Testing
Comprehensive testing
and validation of all
system functionality
1 End-User Training Training for Clerk and AV
operations staff
1 Technical Support Training Training for City IT support personnel
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Qty Description Notes
1 Final System Documentation Package
Delivery of final system
documentation,
configuration records, and
operational materials
13. General Requirements
Contractor shall provide the following required items to deliver a complete and operation AV system.
a. All cabling
b. Connectors
c. Power supplies
d. Adapters
e. Mounting hardware
f. Conduit
g. Programming
h. Configuration
i. Licensing
j. Integration
k. Testing
l. Training
No additional compensation shall be made for incidental materials or components required for a fully functional installation.
C. Description of services to be performed
Contractor shall provide a fully integrated council chamber system, including presentation, audio, video, control, and broadcast capabilities. The system shall be designed to support in-person, hybrid, and broadcast-based public meetings, providing a seamless and userfriendly experience for Council Members, staff, and the public.
The project shall include a complete broadcast and production system capable of supporting live switching, recording, and streaming of meetings. The system shall be designed for reliability, ease of operation, and future scalability, and shall be fully integrated with the overall AV and control system.
Prior to the start of installation, Contractor shall submit detailed shop drawings for review and approval by the City. Shop drawings shall include, at a minimum:
1. System signal flow diagrams – Shop drawings
2. Equipment rack layouts
3. Device interconnection details
4. Network architecture
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5. Dais panel layouts
The Contractor shall also provide touchscreen interface layouts (graphical user interface designs) for all user positions, including Council members, Mayor, and City Clerk, for review and approval prior to programming and deployment.
No installation or programming work shall commence until all required submittals have been reviewed and approved by the City.
D. Deliverables
1. System Documentation (Excel Format)
A comprehensive Excel based equipment schedule shall be provided, including, but not limited to:
a. Device description
b. Manufacturer
c. Model number
d. Serial number
e. MAC address
f. IP address
g. Assigned device name
h. Usernames and passwords (as applicable)
E. Control System Source Code
Complete control system source code shall be provided, including:
1. All programming files
2. All modules and libraries used in the project
3. Touchscreen interface files and layouts
All source code shall be delivered in an editable, non-protected formal and shall allow the City or its representatives to make future modifications.
F. Removal of Existing Equipment and Cabling
1. Contractor shall be responsible for removing existing AV equipment and associated cabling as required to support the new system installation.
2. Existing audio and video patch panels shall be evaluated as part of the system upgrade. Contractor shall eliminate legacy patching infrastructure, resulting in this no longer being a requirement due to the implementation of a network based AV system. Contractor shall review all existing patch panels and submit a recommendation to the City identifying:
a. Patch panels to be removed
b. Patch panels to remain (if required), with justification, as approved by the City Project Manager.
c. Any impacts to system functionality or operations
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3. All removed patch panels shall be handled in accordance with the project requirements for the removal of existing equipment.
4. All abandoned or unused cabling shall be removed back to its source where accessible. Cabling that cannot be fully removed shall be nearly terminated, labeled as inactive, and secured in accordance with industry best practices.
5. All removed equipment shall be turned over to the City unless otherwise directed.
Equipment shall be:
a. Properly disconnected and handled to prevent damage
b. Organized and packaged in a reasonable manner.
c. Delivered to a location designated by the City.
6. Contractor shall coordinate with the City to identify any equipment that is to be reused, relocated, or disposed of prior to removal.
7. All removal work shall be performed in a clean and professional manner, maintaining the integrity of existing infrastructure and finishes.
G. Council and Staff Workstations
1. PC – Each Council Member position (7 total) and designated staff position (7 total) shall be provided with one (1) Owner-Furnished, Contractor-Installed (OFCI) computer workstation. Workstations shall be small form-factor units suitable for concealed installation. The selected AV Contractor (AVC) shall furnish and install all required mounting hardware to securely install each workstation beneath the dais in a manner that is accessible for service while remaining concealed from view. Mounting solutions shall provide adequate ventilation, cable management, and strain relief, and shall not impede access to adjacent components or infrastructure.
a. Manufacturer: City furnished (Dell)
2. Content Distribution and sharing:
Each workstation shall be capable of displaying both local PC content and content shared by other system users. The system shall support user-initiated content sharing from any workstation to all other workstations and designated presentation displays. Content sharing shall be manual and user controlled. By default, each workstation shall display its local PC content until the user elects to share. The system shall provide a simple, single-action user interface for content sharing.
When a user initiates sharing, their local content shall be distributed to all designated displays and made available for viewing at all other workstations. All other users shall have the ability to view the active shared presentation. The user interface shall provide a clear toggle mechanism for sharing control. Upon initiating content sharing, the control shall dynamically update (e.g., “Share Presentation” changing to “Stop Presentation”) to allow the user to terminate the shared session and return to local or alternate content viewing. The system shall ensure seamless transitions between local and shared content without disruption or the need for operator intervention.
a. Manufacturer: Creston electronics or approved equivalent and custom programming by Contractor
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3. Voting: The system shall integrate with Granicus OneMetting. a. Enter or associate agenda item identifers
b. Record and confirm attendance
c. Initiate and manage voting sessions
d. Once attendance has been established, the City Clerk may initiate the voting session. Upon initiation, each Council Member’s touchscreen shall be prompted with clearly defined voting options:
1. Yes
2. No
3. Abstain
e. Each Council Member shall be able to cast their vote directly from their assigned touchscreen interface. The system shall automatically collect and tabulate all submitted votes in real time. Upon completion of voting, the City Clerk interface shall prompt the user with a control option to display the voting results. Upon activation of the “Display Vote Results” function, results shall be simultaneously distributed to and displayed on:
1. All Council and staff workstation displays
2. Main chamber presentation displays
3. Any active streaming or broadcast outputs
f. The system shall ensure that voting results are accurate, clearly formatted, and displayed without delay.
1. The voting system shall include the capability to archive all voting activity, including agenda item identification, attendance, individual votes, and final results.
2. The system shall allow authorized users to export and distribute voting results. At a minimum, the system shall support the ability to email voting records to designated staff members directly from the system or through an integrated workflow.
3. All archived voting data shall be stored in a structured and retrievable format to support record-keeping, reporting, and future reference.
4. Manufacturer: Crestron Electronics or approved equivalent and custom programming by Contractor.
g. Request-to-Speak System – The system shall include an integrated Requestto-Speak feature accessible from each Council Member and designated staff
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touchscreen interface. Each user interface shall include a clearly identifiable control (e.g., raised hand icon) allowing users to submit a request to speak.
Upon activation, the request shall be added to a visible speaker queue. The Mayor and City Clerk interfaces shall display the active request-to-speak queue in real time, including the order in which requests were received.
1. Queue Management
The system shall maintain a first-in, first-out (FIFO) queue by default. However, the Mayor shall have the ability to override the queue order and select any requester from the list to be recognized to speak.
2. Speaker Activation
Upon recognition by the Mayor, the selected requester shall be granted permission to speak. The requester shall then unmute their microphone from their touchscreen interface or the microphone base to begin speaking.
3. Manufacturer: Crestron Electronics or approved equivalent and custom programming by Contractor.
h. Dais Panels – The existing panel-mounted units shall be removed and replaced with an integrated, panel-mounted system at each Council and designated staff position. Each panel shall include a minimum 16-inch, touchenabled display designed for permanent, flush installation within the existing dais. The design intent is to reuse the existing dais cutouts and avoid modification to the dais surface. Any proposed solution shall be compatible with existing dimensions and mounting conditions. The touchscreen shall serve as the primary user interface for all system functions, including microphone control, voting, request-to-speak, and content interaction. The touchscreen interface shall be fully integrated with the AV control system and shall not rely on separate or secondary control devices. All components shall be purpose-built for continuous operation in a council chamber environment and shall provide a clean, uniform, and professional appearance across all positions.
1. Manufacturer: Custom
i. Panel Audio – Each dais panel shall include an integrated loudspeaker to provide local audio reinforcement at each Council and designated staff position. Each loudspeaker shall include a user-accessible volume control, located in close proximity to the panel (e.g., Decora-style wall plate or equivalent), allowing individual adjustment without affecting system-wide audio levels. The existing panel-mounted loudspeakers and associated connections shall be removed. The Contractor shall provide new loudspeaker connections utilizing balanced audio inputs compatible with the proposed network-based audio system. The audio system shall include appropriate interface devices to convert networked audio signals to localized analog
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outputs for each panel loudspeaker. All components shall be fully integrated with the overall DSP and audio distribution system. All installations shall maintain a clean and uniform appearance consistent with the existing dais design.
1. Manufacturer: RDL or approved equivalent.
j. Panel Microphone – Each dais panel shall include a gooseneck microphone (21-inch nominal length) suitable for council chamber use. Each microphone shall include an integrated, touch-capable mute/unmute control located at the base, allowing users to easily control microphone activation. The microphone shall include a bi-color LED indicator at the capsule to clearly display status, with visual indication for active (unmuted) and muted states. Microphone audio and control signals shall be interfaced with the system’s network-based audio infrastructure through appropriate input devices. The system shall support both audio transport and control/status feedback, including mute state and LED indication, fully integrated with the DSP and control system. All microphones shall be fully compatible with the centralized control system, allowing real-time monitoring and control from authorized user interfaces (e.g., City Clerk).
1. Manufacturer: Audio Technica or approved equivalent. k. Dante – The audio system shall utilize a network-based audio transport protocol such as Dante as the primary means of signal distribution throughout the system. All audio signals, including microphones, DSP processing, and system outputs, shall be transported over the network. The system shall be designed to minimize or eliminate traditional analog point-to-point audio cabling, except where required for final device connections (e.g., local loudspeakers). All networked audio devices shall be fully compatible within a unified audio network, supporting low-latency, high-quality audio transport and centralized routing.
1. Manufacturer: Biamp Dante Card or approved equivalent. l. Audio Interfaces: All dais, staff, and lectern microphones and associated local loudspeakers shall be interfaced to the AV system using network-based audio interfaces compatible with the system’s audio transport protocol (Dante).
1. These interfaces shall support:
a. Microphone audio input
b. Mute/control signal processing
c. LED status feedback for microphone indication
2. All devices shall be connected via the network to the nearest designated network switch as part of the distributed AV system architecture.
3. The system shall provide full integration of audio, control, and status feedback between the microphones, DSP, and control system to ensure synchronized operation across all user interfaces.
4. Manufacturer: Shure or approved equivalent.
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m. DSP Programming – intelligibility, system stability, and maximum gain before feedback. The DSP configuration shall include mix-minus processing for all local reinforcement loudspeakers and applicable audio zones. Each microphone position shall be excluded from its associated local loudspeaker mix to prevent feedback and improve clarity. Mix-minus implementation shall be coordinated with microphone routing, gating, and system gain structure to ensure consistent performance across all user positions. The overall DSP design shall be optimized to provide:
1. Clear and intelligible speech reproduction
2. Stable system operation under all typical use conditions
3. Maximized gain before feedback without audible artifacts
4. All DSP programming shall be fully documented and coordinated with the control system to ensure proper system operation and monitoring.
5. Manufacturers: Biamp Systems or approved equivalent. n. Lectern – The lectern and ADA positions shall be equipped to support presentation, speech reinforcement, and accessibility requirements. The system shall provide consistent functionality and user experience at both locations.
1. Displays:
Provide two (2) minimum 22-inch displays: one (1) located at the lectern and one (1) at the ADA-accessible position. Each display shall be capable of presenting active system content, including presentation material and system status information (e.g., timers, shared content). Displays shall be positioned for clear visibility and ease of use by presenters.
2. Manufacturer: Planar or approved equivalent.
3. Microphones – Provide two (2) microphone stations—one at the lectern and one at the ADA position. Each station shall be installed within a table box or enclosure and shall include:
a. One (1) 21-inch gooseneck microphone
b. One (1) integrated loudspeaker for local audio
reinforcement
c. Each microphone shall include an LED indicator at the capsule to clearly display the microphone status
(active/muted).
d. Manufacturer: Audio Technica or approved equivalent. o. Microphone Interface – Refer to item 3.K.
p. Wireless Presentation – Provide a wireless presentation system that supports content sharing from user devices, including Windows and macOS laptops.
1. The system shall:
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a. Support wireless screen sharing without requiring
permanent software installation on user devices
b. Provide high-quality video resolution suitable for
presentation content
c. Operate with low latency to ensure smooth presentation performance
d. Integrate with the AV system to allow routing of shared content to all designated displays
e. Support multiple users with the ability to connect and present in a controlled manner
f. The system shall be designed for reliable operation within a council chamber environment.
g. Manufacturer: Crestron Electronics or approved equivalent. q. Encoder – Provide a multi-input encoder at the lectern location to support both wireless and wired presentation sources. The encoder shall include:
1. One (1) input dedicated to the wireless presentation system
2. One (1) USB-C input for direct connection of a laptop at the lectern
3. One (1) additional input reserved for the decoder in item ‘f’ below
4. All inputs shall be fully integrated into the AV system, allowing selection and routing to all designated displays and destinations.
5. Manufacturer: Crestron Electronics or approved equivalent. r. Decoder – Provide an AV decoder at the lectern location to enable display of shared content from other system sources. The decoder shall be integrated with the AV distribution system to allow selection and display of active presentation content originating from any authorized source within the chamber. The lectern display system shall support both:
1. Local content (wired or wireless inputs at the lectern)
2. Shared content distributed from other system sources
3. The system shall provide seamless switching between local and shared content without interruption or the need for operator intervention.
4. The encoder and decoder components shall operate as part of a unified AV distribution system, ensuring consistent performance, low latency, and synchronized content delivery across all system endpoints.
5. Manufacturer: Crestron Electronics or approved equivalent.
4. Chambers
a. Displays – The existing chamber display system shall be reconfigured to improve visibility, simplify operation, and provide a more consistent viewing experience for Council Members, staff, and the public. The current system includes a main display, ceiling-mounted confidence monitors, and multiple
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audience displays. The intent of this project is to consolidate and modernize these displays as outlined below.
1. Confidence Displays
a. Existing ceiling-mounted confidence monitors shall be removed. Individual displays at each Council and staff
positions shall serve as the primary means for viewing
presentation content, eliminating the need for separate confidence displays.
2. Main Display
a. The existing main display shall be removed and replaced with a new 85-inch (minimum) display.
b. The replacement display shall be selected to fit within the existing display cavity or mounting location without requiring modification to surrounding architectural finishes. If an 85- inch display cannot be accommodated due to physical
constraints, the AV Contractor (AVC) shall propose the
largest possible display that fits within the available space and submits dimensions for City approval.
c. Manufacturer: New Line Interactive or approved equivalent.
3. Right-Side Audience Displays
a. The two (2) existing right-side audience displays shall be replaced with new large-format displays as follows:
b. One (1) 85-inch display located at the position furthest from the dais
c. One (1) 75-inch display located closer to the dais
d. Manufacturer: New Line Interactive or approved equivalent.
4. Left-Side Audience Displays
a. The three (3) existing left-side displays shall be removed and replaced with two (2) new large-format displays
configured to match the right-side layout:
b. One (1) 85-inch display located at the position furthest from the dais
c. One (1) 75-inch display located closer to the dais
d. Manufacturer: New Line Interactive or approved equivalent.
5. Decoders
a. All displays shall be connected to the AV distribution system via dedicated AV decoders.
b. Each decoder shall provide the video signal to its associated display and shall serve as the primary control interface for that display, including power on/off and input selection.
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c. The system shall be configured such that all display control functions are managed through the AV control system via the associated decoder, eliminating the need for direct user interaction with the display.
d. The System shall be configured to present closed
captioning to all displays.
e. Manufacturer: Crestron Electronics or approved equivalent. b. Audience Loudspeakers – The existing display-mounted loudspeakers shall be removed and shall no longer be utilized as part of the audio system.
1. Provide a new audience sound reinforcement system utilizing two (2) column-type loudspeakers to deliver clear and intelligible audio throughout the chamber.
2. The loudspeakers shall be wall-mounted in proximity to the front display locations (near the dais), with the final mounting position (above or below the displays) to be determined based on field conditions and coordination with the City to achieve optimal coverage and aesthetics.
3. The loudspeaker system shall be designed to provide uniform sound coverage across all audience seating areas, with a focus on speech intelligibility.
4. Loudspeakers shall support both low-impedance and highimpedance operation to allow flexibility in system implementation.
5. Manufacturer: Biamp/Community or approved equivalent. c. City Clerk Talk Back – The system shall provide a dedicated communication path between the City Clerk positions and the AV Control Room to support coordination during meetings.
1. This communication shall be implemented as a talkback/intercom function integrated within the DSP and overall audio system.
2. The City Clerk shall be able to communicate with AV Control Room personnel in a user-friendly and discreet manner. The system shall support a headphone connection at the City Clerk position for private communication.
3. The City prefers that the City Clerk utilize a personal headphone device for this purpose. The system shall provide a standard headphone connection to accommodate this requirement.
4. The City Clerk shall use the assigned microphone at their position for talkback.
5. The system shall be configured to enable selective routing of the microphone signal to the AV Control Room, without broadcasting it to the chamber or including it in the program audio mix.
6. The AV Control Room shall be equipped with a corresponding talkback microphone and monitoring capability to enable two-way communication.
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7. The system shall ensure that talkback communication is isolated from the main audio system and does not interfere with live meeting audio, recording, or streaming.
8. The control room will require a desktop stand microphone.
9. Manufacturer: Biamp, RDL, Audio Technica or approved equivalent.
5. AV Control Room
a. Broadcasting System – The City requires an upgraded broadcasting system designed to provide a user-friendly, reliable, and professional platform for live production, recording, and streaming of Council meetings.
1. Camera System
a. The City currently utilizes five (5) Panasonic AW-HE130 PTZ cameras within the Council Chambers. These cameras
shall remain in place and be fully integrated into the
upgraded broadcast system. The AV Contractor (AVC) shall provide and install all required new cabling between the camera locations and the AV Control Room to support
reliable operation and high-quality signal transmission. i. Video Signal (3G-SDI)
ii. 3G-SDI cabling shall be utilized for video signal
transport. Belden 1694A or equivalent cable shall be
used to ensure high-quality signal integrity.
iii. Control
iv. Shielded Category 6 cabling shall be provided for
camera control and network communication.
v. Power
vi. Cameras shall be powered via Power over Ethernet
Plus (PoE+), where supported, to simplify
installation and reduce the need for local power
supplies.
vii. Manufacturer: Existing Panasonic cameras
2. Camera Controller
a. Provide and install a dedicated camera controller to enable centralized control of all PTZ cameras within the Council Chambers.
i. The controller shall support full camera operation,
including:
1. Pan, tilt, and zoom control
2. Preset storage and recall
3. Selection and control of multiple cameras
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ii. The system shall allow for efficient and intuitive
operation during live meetings and broadcasts,
enabling operators to quickly recall camera positions
and adjust framing as required.
iii. The camera control system shall be fully integrated with the overall AV and control system to support
coordinated operation and future expansion.
iv. Manufacturer: Panasonic or approved equivalent.
3. Production Switcher
a. Provide and install a professional-grade video switcher to support live production, recording, and streaming of Council meetings.
b. The switcher shall support multiple HD-SDI inputs and outputs to accommodate all existing camera feeds and
additional video sources, including presentation content. c. Given that the existing camera system operates in a highdefinition (HD) format, the video production system shall be designed to operate within the HD domain. All switching, routing, and recording functions shall maintain native HD signal integrity without unnecessary upscaling or
conversion.
d. The switcher shall provide, at a minimum:
i. Real-time switching between camera and
presentation sources
ii. Support for transitions, cuts, and basic effects
iii. Multi-view monitoring capability for operator visibility iv. Integration with the overall broadcast and recording system
v. The system shall be designed for reliable, userfriendly operation by City staff with varying levels of technical experience.
e. The City of Palm Springs shall be responsible for creating and loading graphic assets to the production switcher for keying in during meetings.
f. Manufacturer: Blackmagic Designs or approved equivalent.
4. Video Router
a. Provide and install a professional-grade video routing system to support flexible signal distribution throughout the broadcast and AV system.
b. The system shall include a minimum 20x20 HD-SDI video router (video hub) to allow routing of all camera feeds, presentation sources, switcher inputs/outputs, and
recording destinations.
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c. The video router shall:
i. Operate within the HD-SDI domain, consistent with
the system design
ii. Support full crosspoint routing between all inputs
and outputs
iii. The routing system shall be used to provide
maximum flexibility in system configuration, allowing
independent routing for live production, recording,
monitoring, and future system expansion.
iv. The router shall be integrated into the overall
broadcast system to support efficient signal
management and operational workflow.
v. Manufacturer: Blackmagic Designs or approved
equivalent.
5. Leightonix System
a. Contractor shall remove and dispose of this system.
b. For the purposes of this IFB, the City prefers to have the CableCast system by Tightrope Media Systems or
approved equivalent.
6. VioLite Omni 800
a. Web-centric 1x1 Broadcast, VOD, and Live Streaming
Solution in a whisper-quiet 2RU chassis. Streams H.264
HLS Adaptive bitrate to mobile devices, OTT, and desktops.
Pulls in and records NDI, RTP, RTMP, RTSP, SRT, and
HLS streams as well as SDI. Includes Cablecast
Automation, scheduling, and CG Software. Includes
graphics, crawl, bug, and bug text on streaming output. b. Includes an 8TB Content drive and a 256 GB OS drive.
Three-year hardware warranty, system commissioning, and one year of Gold support included.
7. VioLite OMNI HA
a. Annual hardware warranty contract for the CBLVIOLITEOMNI. The first 3 years are included with the purchase. Two additional years of Hardware Assurance, covering the
system for a total of 5 years.
8. GOLD CH 1 Year
a. Annual support subscription per I/O (Input/Output). Sameday email, phone, and remote login support. Includes all new software releases. Also includes premium features only available with Gold or Platinum support. VIO4 = 4 I/O. VIO2, VIO Lite and VIO Stream = 2 I/O.
9. SVC PH HRLY: Include a total of two hours.
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a. One hour of scheduled online training, installation
assistance, guidance, or targeted help in utilizing Cablecast, Cablecast CG, and REFLECT. Needs to be scheduled 2
weeks in advance. Training hours expire after 2 years from purchase.
10. REFLECT PLUS
a. Annual Cloud-based REFLECTION service with cloudbased storage and delivery operating in conjunction with both Cablecast Live and Cablecast VOD software. Content is pushed to REFLECT+, eliminating the need to open a port in your Firewall. Includes full closed captioning text search with video indexing. Includes annual Branded OTT and
Mobile APP renewal fees. Also includes 10TB of storage.
Additional storage available in 1TB increments. Serves a virtually unlimited number of live and VOD streams over the web, OTT and Mobile apps. Includes up to 3 live streaming Channels. Renews annually.
b. Includes access to the FREE Cablecast OTT App on Apple TV, Roku, Fire TV, iOS, & Android Mobile.
c. Manufacturer: Cablecast by Tightrope Media or approved equivalent.
11. Legacy Equipment: The Contractor shall review the following devices in the AV room with the City of Palm Springs
representatives to reduce and streamline the process.
a. ICI Live
b. Two Blackmagic streaming encoders – These devices may remain in place (TBD)
c. Swagit
d. Link Electronics closed caption decoder, along with the Aimedia Lexi encoder
e. Tascam HS-4000 – To be decommissioned
f. Tascam SS-CDR200 – To be decommissioned and
replaced with a newer model
g. Audio Mixing – Allen and Heath
h. Compix – decommissioned and replaced with the built-in feature of the production switcher.
i. ClearCom – Shall be removed – replaced with item 4.c (City Clerk Talk Back).
j. Ensemble Designs BE56 shall remain and shall be
integrated into the new broadcasting system, providing TLS sync to various devices, and the test signal HD-SDI output shall be added to the router.
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k. Ensemble Designs BE43 shall also remain in place for signal distribution.
l. The existing Ross production switcher shall be removed and replaced with the Blackmagic switcher system.
12. Audio Processing
a. Digital Signal Processor (DSP)
i. Provide a server-based digital signal processing
(DSP) platform capable of supporting all system
audio processing requirements, including but not
limited to microphone processing, routing, mixing,
and output distribution.
b. The DSP system shall include Acoustic Echo Cancellation (AEC) on all required input channels to support hybrid
meetings, conferencing, and remote participation.
c. The DSP platform shall:
i. Support a fully network-based audio architecture
ii. Be scalable to accommodate future system
expansion
iii. Provide sufficient processing capacity for all current and anticipated system requirements
iv. Support integration with the AV control system for
monitoring and control of audio functions
d. The system shall be designed to support:
i. Local sound reinforcement
ii. Program audio for recording and streaming
iii. Mix-minus configurations for conferencing and
remote participation
iv. All DSP programming shall be coordinated with the
overall system design to ensure optimal speech
intelligibility, system stability, and seamless
operation.
v. The DSP shall be a dedicated hardware-based
system and shall not rely solely on software-based
processing running on a general-purpose PC.
vi. Manufacturer: Biamp Systems or approved
equivalent.
e. Amplification - The AV Contractor (AVC) shall provide and install amplification suitable for the two passive column loudspeakers.
i. The amplifier system shall be network-capable and
fully integrated with the DSP and overall AV control
system. Amplifiers shall be sized appropriately to
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support all connected loudspeakers with adequate
headroom to ensure clear, undistorted audio at all
operating levels.
ii. The system shall include a minimum of four (4)
amplifier channels to support the proposed
loudspeaker configuration and allow for future
system expansion, if required.
iii. Amplifiers shall support low-impedance and/or highimpedance operation as required by the loudspeaker design. Final configuration shall be
determined based on system performance
requirements and coordination with the City.
iv. The amplification system shall provide monitoring
and fault reporting capabilities, allowing for system
diagnostics and maintenance.
v. Manufacturers: Biamp Systems or approved
equivalent.
13. Wireless Microphone System – The AV Contractor (AVC) shall provide a professional-grade wireless microphone system fully integrated with the overall chamber audio system.
a. The wireless microphone system shall be suitable for live speech reinforcement, recording, and broadcast
applications, and shall provide reliable operation within the RF environment of the facility.
b. Networked Audio Integration – The wireless microphone system shall support network-based audio transport (e.g., Dante or equivalent) for direct integration with the DSP and AV audio network.
c. System Capacity
i. The system shall consist of a minimum of four (4)
wireless microphone channels.
d. Handheld Transmitters
i. Provide two (2) handheld wireless transmitters
suitable for speech applications.
e. Bodypack Transmitters
i. Provide two (2) bodypack wireless transmitters with
compatible microphones suitable for presentation
and speech reinforcement applications.
f. Microphone Pickup Pattern
i. All provided microphone capsules shall utilize a
cardioid pickup pattern to optimize speech
intelligibility and minimize unwanted ambient noise
and feedback.
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14. Assistive Listening System: The AV Contractor (AVC) shall provide an assistive listening system (ALS) that is fully compliant with ADA requirements and applicable accessibility standards.
a. System Type
i. Provide an infrared (IR)-based assistive listening
system integrated with the AV system to distribute
program audio to users requiring assisted listening.
b. System Design and Capacity
i. The AVC shall evaluate the room size, layout, and
occupancy to design and provide a system with
adequate coverage and sufficient receivers to meet
ADA requirements and expected user demand.
c. User Accessibility and Signage
i. The system shall include all required accessories
and infrastructure to support user access, including:
1. Portable receivers and associated
accessories (e.g., headphones, neck loops)
2. ADA-compliant signage indicating the
availability of assistive listening services
3. Aura Bluetooth broadcasting
d. The system shall support compatibility with hearing aid devices via neck loop interfaces or equivalent solutions. e. Manufacturer: Listen Technologies or approved equivalent.
15. Audio Streaming over Wi-Fi – In addition to the IR system, provide a Wi-Fi-based assistive listening solution that allows users to access program audio on personal mobile devices. The WiFi-based system shall:
a. Allow users to connect using personal smartphones or tablets
b. Stream low-latency, high-quality audio over the local network
c. Support both iOS and Android devices
d. Integrate with the AV system to receive audio from the DSP e. Manufacturer: Listen Technologies or approved equivalent.
16. Control System
a. The City requires a fully integrated control system to provide centralized, intuitive operation of all audio, video,
presentation, and broadcast system components. The
control system shall serve as the primary interface for Council Members, staff, and authorized personnel, enabling seamless management of system functions through userfriendly touchscreen interfaces.
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b. The system shall be designed to support role-based
operation, allowing different levels of access and control based on user type (e.g., City Clerk, Mayor, Council
Members, staff, and AV operators). All control functions, including but not limited to presentation routing, microphone control, voting, request-to-speak management, camera
control, and system monitoring, shall be accessible through a unified interface.
c. The control system shall be fully integrated with all AV, audio DSP, and broadcast components to ensure
coordinated operation, real-time feedback, and reliable performance during live meetings and events.
d. The system shall allow authorized users to create, save, and recall meeting configurations, including assignment of
participant names, titles, and seating positions. These configurations shall be selectable prior to the start of a meeting, enabling rapid system setup and minimizing
manual input.
e. Each meeting configuration shall support:
i. Assignment of names and titles to individual
positions
ii. Association with specific meeting types or
departments
iii. Automatic population of user interfaces (e.g.,
touchscreens, displays, and overlays)
f. The system shall allow for easy modification and updating of meeting configurations as needed, and shall retain saved configurations for future use.
g. The system shall allow authorized users to create, save, and recall meeting configurations, including assignment of
participant names, titles, and seating positions. These configurations shall be selectable prior to the start of a meeting, enabling rapid system setup and minimizing
manual input.
h. Each meeting configuration shall support:
i. Assignment of names and titles to individual
positions
ii. Association with specific meeting types or
departments
iii. Automatic population of user interfaces (e.g.,
touchscreens, displays, and overlays)
i. The system shall allow for easy modification and updating of meeting configurations as needed, and shall retain saved configurations for future use.
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j. Manufacturer: Crestron Electronics or approved equivalent.
17. Digital Name Plate
a. The existing system includes seven (7) digital nameplates located at the dais. Contractor shall provide updated name plates that meet the enclosed specifications.
b. Contractor shall acknowledge the presence of the existing nameplates and shall ensure that the proposed system
design includes updated digital nameplate displays.
18. Network System
a. The City is looking to have three network switches to accommodate the AVoIP system. To support the AV-overIP system architecture and minimize excessive cabling between endpoints, the system shall include distributed network switching at key locations within the chamber.
Contractor shall provide and install managed network
switches at the following locations:
i. Lectern Location
1. A network switch shall be provided at the
lectern location to support local AV devices.
The AVC shall assess the feasibility of
routing cabling from the adjacent staff tables
to the lectern location. The base bid shall
include all labor and materials required to
route and consolidate these connections at
the lectern, where feasible. Any constraints
or deviations identified during site verification
shall be documented and submitted to the
City for review.
ii. Dais Location
1. Provide a network switch located near the
dais to support all Council and staff position
devices, including touchscreens,
microphones, and associated AV endpoints.
iii. AV Control Room
1. Provide a central network switch located in
the AV Control Room to support core system
equipment, including control processors,
DSP, broadcast equipment, and network
aggregation.
iv. Inter-Switch Connectivity
1. All network switches shall be interconnected
using high-speed fiber links in a star
topology. Fiber interconnects shall support a
minimum of 20 Gbps bandwidth between
switches and shall be designed to support
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AV-over-IP traffic, networked audio, control
data, and future system expansion.
b. Contractor shall include a network router keeping the AV devices isolated from the City network.
c. The City shall provide one wide-area network IP address to enable the router to access the Internet.
i. This WAN IP address shall be behind the City’s
firewall.
d. All necessary security protocols shall be implemented. All default passwords shall be changed and shared via the
Excel workbook as mentioned above in the project
deliverables section.
i. Manufacturer: Netgear for switching and TP-Link for
routing or approved equivalent.
19. Remote Diagnostics
a. Contractor shall include a diagnostic PC for remote
management and diagnosis.
20. System Training
a. Contractor shall include one 8 – hour session in two tiers on the same day.
i. Tier 1 – Morning session to include all hands – AV
room operators and the City Clerk, and if needed,
council members. This session will include the use
of the touch screens for the clerk and the council
members for timer, voting, and general system
operation, such as microphone muting, microphone
status and basic workstation video routing.
ii. Tier 2 – Afternoon session for AV operator(s) –
Strictly for the AV room operator to become familiar
with the working of the touch screen control, the
production switcher, the production router, audio
setup and other functions of the system.
iii. Mock meeting – Run 1 mock meeting with staff (no
council) before closing the project
21. System Warranty
a. As part of the IFB response, Contractor shall provide a minimum one (1) year system warranty covering all installed equipment, programming, and workmanship in the Bid
amount.
b. The warranty shall include the following:
i. Preventive Maintenance Visits – Provide two (2)
scheduled preventative maintenance visits during
the warranty period. These visits shall include
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system inspection, performance verification,
firmware updates (as applicable), and
recommendations for system optimization.
ii. On-Site Operational Support – A qualified
representative shall be present on-site during the
first two (2) City Council meetings following system
commissioning to provide operational support and
ensure proper system performance.
iii. Warranty Commencement – The warranty period
shall commence on the date of the first official City
Council meeting utilizing the new system.
1.2 Schedule:
A. Work shall commence on the Effective Date and is expected to be completed within 47 calendar days.
1.3 Compensation:
A. Work shall be compensated on a not to exceed basis.
B. Retainage from payments: A retention on progress payments is withheld in an amount equal to five percent (5%) of the total work completed and billed for each progress payment submitted. The Contractor may elect to receive 100 percent of payments due, from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code.
C. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly progress payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
Responding to this IFB for Council Chamber AV Upgrades, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.
Table 1 (Basis of Award)
Table 2 (Optional)
A. Schedule of Values (SOV) shall be provided within 10 days of notice of the intent to award of this contract, Contractor shall submit for the City’s review and approval an SOV for the not-to-exceed Bid Form items for the Project. The Schedule of Values will:
a. Subdivide the Project into its respective parts,
b. Include values for all items comprising the Project, and c. Serve as the basis for monthly progress payments made to the Contractor throughout the Project.
B. The City is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the City, a greater number of SOV items than is proposed by the Consultant are necessary, add the additional items identified by the City. When requested by the City, provide substantiating data in support of the SOV.
C. Incorporate the SOV into the cost loading function of the Schedule. Monthly progress payment amounts for Not-to-Exceed items shall be determined from the monthly updates of the Schedule activities.
D. Following acceptance of the SOV, incorporate the changes (if any) into the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV requires changes made to one or both documents, propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
ITEM DESCRIPTION UNIT QUANTITY SUBTOTAL
1 Council Chamber AV Upgrade Not-to-exceed 1 $363,499.24 Total Bid Amount (Basis of Award) $363,499.24
ITEM DESCRIPTION UNIT QUANTITY SUBTOTAL
1 REFLECT PLUS Not-toexceed 1 $30,376.45
2 Aura Bluetooth
broadcasting (for the
Assisted Listening
System)
Not-toexceed 1
$5,195.11
Total $35,571.56
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E. Update and submit these listings in conjunction with the Schedule monthly submittals.
F. Incorporate approved Contract Change Orders in the Schedule into the SOV as single units identified by the Contract Change Order number.
G. Changes to the Schedule which add activities not included in the original Schedule but included in the original Project shall have values assigned as accepted by the City. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the City.
H. In the event that Contractor and City agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.
I. The payment for the preparation of the SOV shall be included in the total Not-to-Exceed amount, (“Maximum Contract Amount”).
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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 “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
MATRIX AUDIO VISUAL DESIGNS, INC.
By:
Signature
Name (print)
Title (print)
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
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 Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
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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 incorporated 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 in 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 which 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 faithfully 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 previously 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 payment 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 notice 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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EXHIBIT “G”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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EXHIBIT “H”
Fleet Compliance Certification.
Contractor hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Contractor: _____________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________
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ATTACHMENT B
Contract Services
Agreement 26B128
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(BB&K 2024) 1
CONTRACT SERVICES AGREEMENT 26B128
COUNCIL CHAMBER AV UPGRADES SERVICE AGREEMENT
This Contract Services Agreement (“Agreement”) is made and entered into this day of , 2027, (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Matrix Audio Visual Designs, Inc., a California corporation, , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a qualified firm, for preventive maintenance services for council chamber AV system, (“Project”).
B. Contractor has submitted to City a proposal to provide preventive maintenance support for City of Palm Springs council chamber AV system, to City under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such contract services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work contemplated and, in light of such status and experience, Contractor covenants that it shall perform the the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Invitation for Bids; and, (4) the Contractor’s signed, bid submitted to the City (“Contractor’s Bid”), (collectively referred to as the “Contract Documents”). The City’s Invitation for Bids and Contractor’s Bid are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Contractor’s Bid. All provisions of the Scope of Services, the City’s Inivitation for Bids and the Contractor’s Bid shall be binding on the Parties. Should any conflict or inconsistency
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exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Invitation for Bids; (3rd) the terms of this Agreement; and, (4th) the provisions of the Contractor’s Proposal.
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Ninety Thousand Eight Hundred Sixty-Once Dollars ($90,861) ("Maximum Contract Amount"), except as may be provided under Section 2.3.
The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2.
The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all
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proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three (3) years, commencing on the Effective Date. The Parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the Parties do so in writing prior to the expiration of the original term of the then-current Option Period.
3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor.
Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
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the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Hovik Mirzakhanian It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.
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4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.
A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
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B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
required
x is not required;
(1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the
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present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or selfinsured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:
A. For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers,
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council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
G. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
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J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s activities or the activities of any person or person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
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D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Contract Services Indemnification and Reimbursement.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records
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and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use.
Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement.
Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
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California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Contractor. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 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 Agreement.
9.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. Intentionally Omitted
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or
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certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Contractor: Matrix Audio Visual Designs, Inc.
Attention: Hovik Mirzakhanian
2525 W. Burbank Blvd.
Burbank, CA 91505
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
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10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MATRIX AUDIO VISUAL DESIGNS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________ By: ________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – 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”
SCOPE OF SERVICES
Contractor shall provide three (3) years Service Level Agreements (SLAs) as detailed below for the upgraded council chamber audion visual system project performed under contract number 26B127.
1. Preventive Maintenance shall include:
i. Two (2) scheduled site visits per year for system maintenance
1. Twice a-year maintenance visit includings cleaning, projector filter cleaning, checking all wires and connectors are properly secured, confirmation of system operation, performing major firmware updates, and minor repairs.
ii. System inspection and performance verification
iii. Firmware and software updates (as applicable)
iv. Written recommendations for system optimization
v. Remote diagnostics and support capability
1. Maintenance and Labor Support:
i. Labor and travel costs for on-site diagnosis and repair of system issues ii. Remote troubleshooting support
iii. Replacement parts shall be excluded and invoiced separately at current market rates.
1. Comprehensive Support:
i. Coverage of replacement parts required for system repair.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
Contractor’s Bid
Responding to this IFB for Council Chamber AV Upgrades, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.
26B128 shall be effective upon the issuance of a notice to proceed, after the first-year warranty included in 26B127.
Service Level Agreements
DESCRIPTION UNIT QUANTITY UNIT PRICE SUBTOTAL
Tier 3 – Preventive
Maintenance Annually 3 $30,287.00 $90,861.00
Total $90,861.00
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EXHIBIT “C”
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ATTACHMENT C
Disclosure Form
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PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
Matrix Audio Visual Designs, Inc.
2. Address of Entity (Principal Place of Business)
2525 W. Burbank Blvd. Burbank, CA 91505
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? c Yes c No
5. Type of Entity
X Corporation c Limited Liability Company c Partnership c Trust c Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
___Alina Mirzakhanian______ a Officer c Director c Member c Manager [name] c General Partner c Limited Partner
cOther ___________________________
__Hovik Mirzakhanian_____________ a Officer c Director c Member c Manager [name] c General Partner c Limited Partner
c Other __________________________
________________________________ c Officer c Director c Member c Manager [name] c General Partner c Limited Partner
c Other __________________________
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
Alina Mirzakhanian
[name of owner/investor]
51%, Matrix Audio Visual Designs, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
Hovik Mirzakhanian
[name of owner/investor]
49%, Matrix Audio Visual Designs, Inc.
[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 06/05/2026
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ATTACHMENT D
IFB 26-12
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CITY OF PALM SPRINGS, CA
PROCUREMENT AND CONTRACTING DEPARTMENT
INVITATION FOR BIDS 26-12
COUNCIL CHAMBER AV UPGRADES
ISSUED: MAY 14, 2026
Per Addendum No. 2
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TABLE OF CONTENTS
SECTION 1 – NOTICE OF INVITATION FOR BIDS................................................................ 1
1.1 Invitation for Bids...................................................................................................... 1
1.2 Term......................................................................................................................... 1
1.3 Schedule .................................................................................................................. 1
1.4 Procurement Officer and Delivery Address:.............................................................. 1 SECTION 2 – INSTRUCTIONS TO BIDDERS ........................................................................ 2
2.1 Obtaining IFB Documents and Addenda:.................................................................. 2
2.2 Site Walk (Mandatory):............................................................................................. 2
2.3 Bidder’s Minimum Requirements:............................................................................. 2
2.4 Submission of Bids:.................................................................................................. 2
2.5 Bid Protests:............................................................................................................. 4 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 5
3.1 Invitation for Clarifications/Questions:....................................................................... 5
3.2 Local Preference: ..................................................................................................... 5
3.3 Bidders Ethical Behavior: ......................................................................................... 5
3.4 Bids to Remain Open: .............................................................................................. 5
3.5 Right to Accept or Reject Bids:................................................................................. 6
3.6 Responsibility of Bidder:........................................................................................... 6
3.7 Insurance: ................................................................................................................ 6
3.8 Public Record:.......................................................................................................... 6
3.9 Cost Related to Bid Preparation: .............................................................................. 7
3.10 Compliance with Law:............................................................................................... 7
3.11 Licenses, Permits, Fees and Assessments: ............................................................. 7
3.12 Investigations: .......................................................................................................... 7
3.13 Non-Collusion:.......................................................................................................... 7
3.14 Signed Bid and Exceptions:...................................................................................... 8
3.15 Award of Contract:.................................................................................................... 8
3.16 Form of Agreement: ................................................................................................. 9 SECTION 4 – SCOPE OF WORK..........................................................................................10
4.1 Background:............................................................................................................10
4.2 Scope:.....................................................................................................................10
4.3 Schedule: ................................................................................................................36
4.4 Compensation: ........................................................................................................36 SECTION 5 – IFB FORMS.....................................................................................................38 SECTION 6 – SAMPLE AGREEMENT ................................................................................... 1 SHORT FORM CONSTRUCTION CONTRACT...................................................................... 1
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