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Home My WebLink AboutA9383 - PALM SPRINGS MODERN COMMITTEE CONTRACT ABSTRACT Contract Company Name: Palm Springs Modern Committee Company Contact: Nickie McLaughlin Summary of Services: Agreement for disbursement and use of Measure J funds between the City and Palm Springs Modern Committee (for the Palm Springs Visitor Center Up-Lighting Project) Contract Price: $43,500 Funding Source: Measure J Funds / Community Initiated Projects Contract Term: N/A. Agreement for disbursement and use of Measure J funds. Contract Administration Lead Department: Contract Administrator: Department of Finance and Treasury Evelyn Beltran Contract Approvals Council Approval: Resolution Number: Agreement Number: 6/30/2022 2C-1 25034 A9383 Contract Compliance Exhibits: Signatures: Insurance: Bonds: N/A N/A Contract Prepared By: Department of Finance & Treasury Submitted on: 12/20/2022 By: Evelyn Beltran DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE A9383 AGREEMENT FOR DISBURSEMENT AND USE OF MEASURE J FUNDS BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS MODERN COMMITTEE This Agreement for Disbursement and Use of Measure J Funds ("Agreement") is entered into this ____ day of January by and between the CITY OF PALM SPRINGS ("City") and PALM SPRINGS MODERN COMMITTEE ("Recipient"). City and Recipient are sometimes referred to individually as Party and collectively as Parties. RECITALS A.In 2011, Palm Springs voters approved Measure J, a dedicated local revenue measure in the form of a one percent sales tax increase to maintain local community services and revitalize the Palm Springs downtown area. B.City collects Measure J's proceeds and decides how to use such proceeds. The City sets aside a certain portion of Measure J's proceeds for community initiated projects. Citizens, neighborhood organizations, businesses, and other organizations within the City can submit requests to City to receive Measure J proceeds for a proposed community initiated project. C.Recipient has submitted a request to City for disbursement of Measure J proceeds, to be used as specified in Exhibit "A", attached hereto, and incorporated herein by reference. D.City has considered Recipient's request and desires to approve the disbursement of $43,500 and of Measure J proceeds (the "Funds") to Recipient, to be used as specified in Exhibit "A", subject to the terms and conditions set forth herein. AGREEMENT 1.Disbursement and Use of Funds. Within 30 days of City's receipt of an invoice from Recipient, City shall disburse the Funds to Recipient in a manner convenient to City. Recipient shall use the Funds as specified in Exhibit "A” and shall not use the Funds for any other purpose. 2.Maintenance of Records. Recipient shall keep, preserve, and maintain, for a period of at least three years commencing on the date of City's disbursement of Funds to Recipient, all documents and records of any kind relating to Recipient's use of the Funds. 3.Right to Inspect and Audit. The City may inspect and audit all of Recipient's documents and records relating to the Recipient's use of the Funds to ensure compliance with this Agreement and to ensure Recipient uses the Funds for authorized purposes. Recipient shall make such documents and records available to City, at the place and in the manner and form specified by City, within 15 days following City's request for such documents and DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE 31st records. Recipient shall furthermore grant City's employees or agents access to any land, facilities, or improvements relating to Recipient's use of the Funds, within a reasonable amount of time after City issues written notice to Recipient requesting such access. 4.Prevailing Wage Laws. Recipient is aware of the requirements of California Labor Code Sections 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 certain "public works" and "maintenance" projects. If the Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Recipient agrees to fully comply with such Prevailing Wage Laws. Recipient 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 Recipient, its consultants, and all subconsultants to comply with all applicable California Labor Code provisions, which may 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). If Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Recipient, its consultants, and all subconsultants must be registered with the Department of Industrial Relations. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Recipient's sole responsibility to comply with all applicable registration and labor compliance requirements. 5.Indemnification. To the fullest extent permitted by law, Recipient agrees to defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgements, demands and defense costs, arising out of or in connection with this Agreement or Recipient's use of the Funds, except if such loss or damage resulted from the sole gross negligence or willful misconduct of the City. 6.Authority to Enter Agreement. Recipient and City each respectively represent, covenant, and warrant that they are authorized to enter into and execute this Agreement and to bind each respective Party. 7.Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written statements or agreements between the Parties related to such matters. [signatures on the following page] DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE ININ WITNESS WHEREOF, the Parties have executed this Agreement as ofof the date set forth above. RECIPIENT: By: __________________________________ Name: ________________________________ Title: _________________________________ CITY OFOF PALM SPRINGS By: __________________________________ City Manager APPROVED ASAS TOTO FORM: By: City Attorney ATTEST: _____________________________________ Brenda Pree City Clerk DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE Nickie McLaughlin Executive Director EXHIBIT A Approved Use of Funds (Attachment Behind This Page) DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE INVOICE: To: City ofof Palm Springs Attn:Kris Mooney,Asst.Director ofof Finances 3200 E.E.Tahquitz Canyon Way Palm Springs,CACA 92262 From: Palm Springs Modern Committee POPO Box 4738 Palm Springs,CACA 92263 EIN:020607200 Invoice #489 Lighting the exterior ofof the Palm Springs Visitors Center Amount due:$43,500 Please make check payable toto Palm Springs Modern Committee Thank you for your support. Nickie McLaughlin Executive Director 760.835.5628 nickie@psmodcom.org DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE From:Kristopher Mooney To:Evelyn Beltran Subject:FW: Palm Springs Visitor Center Uplighting Date:Tuesday, December 20, 2022 11:38:41 AM From: Peter Moruzzi <petermoruzzi@gmail.com> Sent: Thursday, December 15, 2022 12:22 PM To: Nickie McLaughlin <nickie@psmodcom.org> Cc: Kristopher Mooney <Kristopher.Mooney@palmspringsca.gov> Subject: Re: Palm Springs Visitor Center Uplighting NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Kristopher, I agree that the check for my Measure J proposal should be written to the Palm Springs Modern Committee. Regards, Peter Moruzzi Sent from Pete's iPhone On Dec 15, 2022, at 3:44 PM, Nickie McLaughlin <nickie@psmodcom.org> wrote: Hi Kris, I think that makes sense and I will let the city know. This way we can keep moving forward without being dependent on the city’s payment schedule. Thanks, Nickie On Dec 15, 2022, at 10:35 AM, Kristopher Mooney <Kristopher.Mooney@palmspringsca.gov> wrote: Good Morning Nickie and Peter, Regarding the agreement, we would like to enter into our agreement with the Modern Committee but before we do, since Peter made the initial request, we would like to get an email back from him (Peter, just reply to this email) that states he is OK with that. Once we receive that, we will develop the agreement. The agreement just DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE gives the City options for oversight, such as confirming invoices, if we thought something with the project was going awry. Additionally, we like to make the check to whom we enter into the agreement, so once the document is executed, we will make the check to the Palm Springs Modern Committee and then the committee can pay Priority Lighting as you see fit. Thank you for your patience, once I receive the OK from Peter, it shouldn’t take too long to get the agreement in place and check cut. I am still hoping for next week. Kris DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE From:Peter Moruzzi To:Evelyn Beltran Subject:Measure J Application for Visitors Center Uplighting Date:Wednesday, October 13, 2021 12:56:07 PM Attachments:Tramway Gas Station Night David A Lee.jpeg Visitors Cntr Uplighting.pdf Tramway Gas Station II.jpeg NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Evelyn, Attached is the application form for my proposal to permanently uplight the Palm Springs Visitors Center. Thank you and regards, Peter Moruzzi DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE DocuSign Envelope ID: E0F8810B-02A4-4DCE-907F-25D71AC85BBE