HomeMy WebLinkAboutItem 4 - Kargaudaite - Eigirdas, LLC - PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: November 13, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE ABATEMENT FEES IN THE
AMOUNT $90,244.51 ASSESSED TO EIGIRDAS LLC AT 593 W. AVENIDA
CERCA FOR VIOLATIONS OF PALM SPRINGS MUNICIPAL CODE
11.72.162 AND 11.72.090
BY: Office of Special Programs Compliance Department
SUMMARY
Remi Eigirdas and Ruta Kargaudaite have requested an appeal of the administrative
abatement fees assessed to Eigirdas LLC, asserting that the charges are several times
higher than the standard market rate. These fees, related to violations of Palm Springs
Municipal Code (PSMC) sections 11.72.162 and 11.72.090, were assessed to cover the
full costs and expenses incurred by the City to address and abate the nuisance conditions
on the property.
RECOMMENDATION:
1)Open the Appeal Hearing and accept public testimony.
2)Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REGARDING THE APPEAL OF ADMINISTRATIVE ABATEMENT FEES
ASSESSED TO EIGIRDAS LLC IN THE AMOUNT OF $90,244.51 FOR
ABATEMENT OF VIOLATIONS OF PALM SPRINGS MUNICIPAL CODE
SECTIONS 11.72.162 AND 11.72.090
THIS PORTION OF PAGE BLANK
Item 4 - Page 1
Administrative Appeals Board Staff Report
November 13, 2024 - Page 2
593 W. Avenida Cerca, Palm Springs
BACKGROUND:
• The single-family dwelling located at 593 W. Avenida Cerca was initially constructed
in 1962, as a two bedroom and one bath with a garage. Title history shows that
Remi Eigirdas has owned or held an ownership stake of the property via Eigirdas
LLC since 2006
*Image capture from 2011.
• In February 2021, A fire at the property caused significant damage, rendering it
unsafe and uninhabitable. The property remained in disrepair due to the fire
damage, leading to blighted conditions that created unsafe and unhealthy
circumstances, contributing to neighborhood deterioration.
Item 4 - Page 2
Administrative Appeals Board Staff Report
November 13, 2024 - Page 3
593 W. Avenida Cerca, Palm Springs
*Image taken by CCO Wade
• In March 2022, in response to reported concerns from neighboring residents, the
Code Compliance Department initiated an investigation into the property. This led
to the issuance of a Notice of Violation to the property owner of record, requesting
voluntary compliance to address the conditions identified as a public nuisance.
Specific instructions for remediation were provided, along with an established
timeline for compliance. (Exhibit 1)
Item 4 - Page 3
Administrative Appeals Board Staff Report
November 13, 2024 - Page 4
593 W. Avenida Cerca, Palm Springs
*Images taken by CCO Wade.
• In May 2022, The City of Palm Springs Building Department condemned the
property, and the applicable notice was posted at the property.
• In June 2022, The City of Palm Springs Code Compliance Department conducted
a reinspection of the property, noting that the nuisance conditions persisted with no
visible remediation efforts or attempts by the property owner of record to engage
with the city. Due to the property owner failing to remove or otherwise take action
to abate the nuisance conditions within the time specified in the notice of violation
letter, the case was referred to the city attorney’s office to review the case details
and initiate abatement proceedings to address the violations.
• In October 2022, The Superior Court of Riverside County issued an Abatement
Warrant authorizing entry, inspection, and abatement of the unlawful nuisance
conditions present at the property located at 593 W. Avenida Cerca. (Exhibit 2)
• In December 2022, in compliance with the abatement warrant, L.Y. Environmental,
Inc. was contracted to inspect the property located at 593 W. Avenida Cerca to
conduct testing for the presence of asbestos-containing materials and provide a
written report of their findings. (Exhibit 3)
• In June 2023, The City of Palm Springs Procurement & Contracting Department
issued an informal quote request detailing the scope of work required for property
abatement. In accordance with the City’s municipal code, the process for awarding
contracts or purchase orders is determined by the estimated cost to the City for the
required supplies or services. As the estimated cost was projected to exceed
$10,000 but remain below $75,000, city policy mandates obtaining at least three
written quotes. Contracts are then awarded to the lowest responsible bidder or the
Item 4 - Page 4
Administrative Appeals Board Staff Report
November 13, 2024 - Page 5
593 W. Avenida Cerca, Palm Springs
most qualified bidder in the best interest of the City. Responses were received from
four separate bidders, with the quote from Servpro of Chino/Chino Hills being
selected as the lowest bidder, covering all required scope items. (Exhibit 4)
• Agreement Number 23I164 for Abatement of Property at 593 W. Avenida Cerca,
Palm Springs CA 92262 between the City of Palm Springs and R&R B INC. DBA
ServPro of Chino/ChinoHills was signed on August 21, 2023. (Exhibit 5)
• In September 2023, Abatement of the property located at 593 W. Avenida Cerca
was initiated by Servpro of Chino/Chino Hills, with all nuisance conditions
successfully abated and the work completed in October 2023.
*Image Captured by CCO Wade
Item 4 - Page 5
Administrative Appeals Board Staff Report
November 13, 2024 - Page 6
593 W. Avenida Cerca, Palm Springs
Item 4 - Page 6
Administrative Appeals Board Staff Report
November 13, 2024 - Page 7
593 W. Avenida Cerca, Palm Springs
*Progress Images provided by ServPro
*Image Captured by CCO Wade
• In February 2024, A Notice of Assessment was issued to the property owner of
record, including an itemized invoice detailing all costs and expenses incurred by
the City and specifying the amount due as a result of the enforcement action.
(Exhibit 6)
Item 4 - Page 7
Administrative Appeals Board Staff Report
November 13, 2024 - Page 8
593 W. Avenida Cerca, Palm Springs
• As part of our city’s codified Nuisance Abatement Process, Palm Springs Municipal
Code (PSMC) Section 11.72.250 states:
o “Once the public nuisance or code violation has been abated, the director
shall serve the responsible party in a manner authorized by Section
11.72.210 with an invoice itemizing all costs and expenses incurred by the
city and specifying the fee due to the city as a result of enforcement. The
responsible party may appeal the amount of the fee being charged to the
administrative appeals board in the manner provided in Chapter 2.50 of this
code.”
Upon receiving notice of the assessed costs and expenses incurred by the city
during the property owner's attempt to sell the property, the owner’s representatives
engaged with the Department of Special Program Compliance. This engagement
ultimately resulted in their expressed desire to appeal the fees charged. (Exhibit 7)
STAFF ANALYSIS:
• Staff has determined that the enforcement actions taken to address and remediate
the conditions identified as a public nuisance, ultimately resulting in the city's action
to abate, were conducted in accordance with the city's municipal code. The property
owner was provided with sufficient time and multiple opportunities to achieve
voluntary compliance. Due to their failure or neglect to act, the city was compelled
to undertake the necessary abatement work.
• Staff has determined that the fees assessed to the owner, amounting to $90,244.51,
accurately reflect the actual costs and expenses incurred by the city as a result of
the enforcement actions undertaken to abate the nuisance.
THIS PORTION OF PAGE BLANK
Item 4 - Page 8
Administrative Appeals Board Staff Report
November 13, 2024 - Page 9
593 W. Avenida Cerca, Palm Springs
The following Palm Springs Municipal Codes sections and Regulations are applicable to
this matter.
§ 11.72.162 – Blighted Property
Any property which is blighted property as defined in Section 8.80.110 of this Code is
hereby declared and determined to be a public nuisance.
§ 8.80.110 (3) – Definitions – “Blight” or “blighted property”
A building or structure which is in a state of disrepair:
• Exterior wall and/or roof coverings which have become deteriorated and do not
provide adequate weather protections, resulting in termite infestation and/or dry
rot.
• Broken or missing windows or doors which constitute a hazardous condition or a
potential attraction to trespassers.
• Building exteriors, walls, fences, signs, retaining walls, driveways, walkways,
sidewalks, or other structures on the property which are broken, deteriorated, or
substantially defaced, to the extent that the disrepair is visible from any public
right-of-way or visually impacts neighboring public or private property or presents
an endangerment to public safety.
• Building exteriors, walls, fences, signs, retaining walls, driveways, walkways,
sidewalks, or other structures on the property which have been repainted in such
a manner that the appearance may be further deteriorated or substantially
defaced.
§ 11.72.090 - Building code violations.
Any violation of the Palm Springs building code (Title 8 of this code) as amended is a
public nuisance.
§ 11.72.190 – Nuisance Abatement
As used within this chapter, "nuisance abatement" shall refer to any and all efforts by city
officials to ensure compliance with the city's municipal code by eliminating or remediating
those conditions identified specifically as public nuisances within this chapter. Such efforts
shall include, but are not limited to, securing compliance by the responsible party through
inspections and directions to remediate or through judicial process or enforcing
compliance by having city employees or contractors perform the work necessary to obtain
code compliance. The director is authorized to commence nuisance abatement
proceedings against any person responsible for creating or maintaining a public nuisance.
§ 11.72.197 – Abatement of Dangerous or Substandard Buildings and Structures
Where any condition which would otherwise constitute a violation subject to abatement
pursuant to the procedures authorized by this Chapter also constitutes a dangerous or
substandard building pursuant to International Property Maintenance Code, or an "unsafe
building" or "unsafe structure" under Section 8.04.310 Part 2 of this Code, the Building
Item 4 - Page 9
Administrative Appeals Board Staff Report
November 13, 2024 - Page 10
593 W. Avenida Cerca, Palm Springs
Official may in his/her discretion abate such dangerous or substandard building or
structure pursuant to this Code. Such abatement shall be cumulative to any action or
enforcement activity deemed necessary and appropriate by the City pursuant to Chapter
8.80 of this Code, and recovery of administrative costs or fees related to said abatement
may nonetheless be collected pursuant to the procedures authorized herein...
§ 11.72.240 – City to Abate
If the responsible party fails or neglects to remove or otherwise take action to abate the
code violation or nuisance, within the time specified in the notice of violation or within the
time required by Section 11.72.230 subsequent to an appeal, the director may cause the
nuisance to be abated. In addition to any other method authorized by law, such abatement
may be performed through inspections and directives to remediate the violation or legal
proceedings designed to secure enforcement of the city's municipal code or the city may
commence the abatement work itself. The abatement work may be done by city crews or
by private contractor. Where appropriate, no such abatement action shall occur without
securing a warrant.
§ 7.03.010 (1) – General Methods of Award of Contracts or Purchase Order
The procedure to be followed in awarding Contracts or Purchase Orders is determined
initially by the estimated cost to the City of the Supplies or Services.
§ 7.03.030 (1) – Competitive Bidding – Supplies and Services
The total estimated cost of Supplies or Services determines the Procurement process that
must be followed, as described below:
(1) Supplies, Maintenance Work, and General Services.
(a) $10,000 or less: by negotiated Contract.
(b) $10,000.01 $75,000: by the Informal Process.
(c) Over $75,000: by the Formal Process.
(d) The City Council may from time to time revise the amounts identified
herein setting forth the Procurement process for Supplies, Maintenance
Work, and General Services by adoption of a resolution identifying the
revised amounts therefor.
§ 7.03.040 – Informal Process
(1) Soliciting Informal Bids.
The Director shall cause to be prepared by the Using Department Specifications for
each Procurement and solicit informal Bids via posted notice, telephone request,
mail, email, fax or any other reasonable solicitation method. All Bids shall be
documented in writing. If the Director is unable to obtain a minimum of three Bids,
the Director shall document that reasonable efforts were made to obtain the
minimum number of required Bids. The Director may follow the Formal Process.
(2) Award – Supplies, Maintenance Work, or General Services.
Open market Procurement shall be based whenever possible on competitive Bids
awarded to the lowest Responsible Bidder, or the most qualified Bidder, in the best
interests of the City, and approved pursuant to the Signature Authority specified in
Section 7.03.020(1).
Item 4 - Page 10
Administrative Appeals Board Staff Report
November 13, 2024 - Page 11
593 W. Avenida Cerca, Palm Springs
§ 11.72.250 – Notice of Assessment
Once the public nuisance or code violation has been abated, the director shall serve the
responsible party in a manner authorized by Section 11.72.210 with an invoice itemizing
all costs and expenses incurred by the city and specifying the fee due to the city as a result
of enforcement. The responsible party may appeal the amount of the fee being charged to
the administrative appeals board in the manner provided in Chapter 2.50 of this code…
THIS PORTION OF PAGE BLANK
Mitch Nabhan, Code Compliance Supervisor
Special Program Compliance
Attachments:
1. Resolution no. _____
2. Notice of Appeal Hearing
3. Administrative Citation Appeal Letter
4. Staff Report Referenced Exhibits
1. Notice of Violation letter issued on 4/6/2022
2. Abatement Warrant No. CVRI 2204200 issued on 10/4/2022
3. L.Y. Environmental Inc, Asbestos Survey Results & Invoice
4. City of Palm Springs Procurement & Contracts Department Policy &
Procedures
5. Agreement No. 23I164 with R&R B INC. DBA ServPro of
Chino/ChinoHills
6. Invoice No. 7837
7. Screen Capture of Active Sale listing for 593 W. Avenida Cerca
Item 4 - Page 11
Attachment 1
Item 4 - Page 12
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE AMOUNT OF THE
ADMINISTRATIVE ABATEMENT FEES ASSESSED TO
EIGIRDAS LLC FOR VIOLATIONS OF PALM SPRINGS
MUNICIPAL CODE 11.72.162 AND 11.72.090
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS The property located at 593 W. Avenida Cerca was constructed as a
single-family dwelling in 1962 located in the Desert Highland Gateway Estates
Neighborhood.
WHEREAS, In February 2021, A fire occurred at the property, resulting in
extensive damage that rendered the residence unsafe and uninhabitable; and
WHEREAS, In April 2022, The City of Palm Springs Code Compliance issued a
Notice of Violation letter to the property owner of record to seek voluntary compliance in
addressing conditions identified as a public nuisance; and
WHEREAS, In May 2022, The City of Palm Springs Building Department
condemned the property, and the applicable notice was posted at the property; and
WHEREAS, In June 2022, The City of Palm Springs Code Compliance team
conducted a reinspection of the property, noting that the nuisance conditions persisted
with no visible remediation efforts or attempts by the property owner of record to engage
with the city; and
WHEREAS, In June 2022, The City of Palm Springs Code Compliance submitted
a request to the City Attorney’s Office for legal assistance to review case details and
initiate abatement proceedings to address the remaining nuisance conditions in
violation; and
WHEREAS, In October 2022, The Superior Court of Riverside County issued an
Abatement Warrant authorizing entry, inspection, and abatement of the unlawful
nuisance conditions present at the property located at 593 W. Avenida Cerca; and
WHEREAS, In December 2022, In compliance with the Abatement Warrant, L.Y.
Environmental, Inc. was contracted to inspect the property located at 593 W. Avenida
Cerca to conduct testing for the presence of asbestos-containing materials and provide
a written report of their findings; and
Item 4 - Page 13
Resolution No.
Page 2
WHEREAS, In June 2023, The City of Palm Springs Procurement & Contracting
Department issued an informal quote request outlining the scope of work required for
property abatement. Responses were received from four separate bidders, with the
quote from Servpro of Chino/Chino Hills being selected as the lowest bidder, covering
all required scope items; and
WHEREAS, In September 2023, Abatement of the property located at 593 W.
Avenida Cerca was initiated by Servpro of Chino/Chino Hills, with all nuisance
conditions successfully abated and the work completed in October 2023; and
WHEREAS, In February 2024, A Notice of Assessment was issued to the
property owner of record, including an itemized invoice detailing all costs and expenses
incurred by the City and specifying the amount due as a result of the enforcement
action; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on November 13, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Eigirdas LLC was assessed a fee equal to all costs and expenses incurred by the city to
abate the nuisance conditions on the property; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on November 13,
2024; and
Item 4 - Page 14
Resolution No.
Page 3
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The fee assessed by the City is upheld. The Appellant shall pay the
amount assessed by City staff in the amount of $90,244.51.
The fee assessed by the City in the amount of $90,244.51 is overturned.
The Appellant shall pay a fee in the amount of $_________
THIS PORTION OF PAGE BLANK
Item 4 - Page 15
Resolution No.
Page 4
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy
of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2024.
Patrick Basille
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. is a full, true, and correct copy, and was duly adopted at a meeting of
the Administrative Appeals Board of the City of Palm Springs
on the day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
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, CERA
City Clerk
Item 4 - Page 16
Attachment 2
Item 4 - Page 17
Item 4 - Page 18
Attachment 3
Item 4 - Page 19
Item 4 - Page 20
Item 4 - Page 21
Attachment 4
Item 4 - Page 22
Exhibit 1
Item 4 - Page 23
Item 4 - Page 24
PLEASE REMOVE ALL REFUSE AND WASTE FROM THE PROPERTY.
Should the violation not be corrected within the time period specified in this Notice, the violation may
be abated by the City through further administrative proceedings, including but not limited to, added
inspections and directions to remediate the violation, administrative citations, judicial process or by
entry upon the property by City employees or contractors for purposes of effecting those actions
necessary to correct the violation. If such further action by the City is necessary, you will be charged
a fee equal to the actual costs incurred by the City in obtaining compliance with the Notice, including,
but not limited to, subsequent inspection costs, staff time, overhead and legal expenses including
attorney's fees. Current fees for the City costs are as follows:
Adminis trative citations can be issued if violations are not corrected the first administrative
citation is $100 per violation, the second is $250 per violation, and the third citation in a twelve
month period is $500 per violation. As the owner of the property at issue or as the individual
or entity responsible for the violation, you are individually responsible for correcting the violation.
General staff and inspection time @ $101.00/hr. City attorney time @$200.00/hr.
In accordance with Chapter 11.72 of the Palm Springs Municipal Code, an appeal to the Palm
Springs Administrative Appeals Boards or Board of Appeals, as provided by City code, in writing,
may be filed regarding this Notice. Any such appeal shall be filed with the City Clerk within ten (10)
days from the date this Notice was issued, along with applicable filing fees as determined in the
comprehensive fee schedule. Absent a contrary determination incident to an appeal, the responsible
party remains obligated to comply with this Notice of Violation of Nuisance. Questions should be
directed to the undersigned. Thank you for your cooperation.
@b= �.
mWade
�
Code Compliance Officer
(760)323-81 16 x �or Dustin.Wade@palmspringsca.gov
City of Palm Springs '8 7t.,,Cj
Item 4 - Page 25
Page 3 of 27
Exhibit 2
Item 4 - Page 26
Page 4 of 27 Item 4 - Page 27
Page 5 of 27 Item 4 - Page 28
Page 6 of 27 Item 4 - Page 29
L.Y. Environmental, Inc.
1050 Nevada Street, Suite# 403, Redlands, CA 92374 • Phone (909) 307-9730 • Fax (909) 307-9740
January 3, 2023
Department of Special Program Compliance
Attn: Dustin Wade
Ph: 760-323-8116 ext. 8769
E: dustin.wade@palmspringsca.gov
Summary Report: Limited Asbestos Survey (1000 Point Count)
593 W. Ave Cerca, Palm Springs, CA 92262
I. Introduction
L.Y. Environmental Inc., (LYEI) received a request to conduct a Limited Asbestos Survey for the
property located on 593 W. Ave Cerca, Palm Springs, California. LYEI was requested to inspect the
above-mentioned property for the existence of asbestos containing materials and to provide a written
report of findings.
II. Background
Yonan Benjamin (CAC DOSH #02/3228) of LYEI conducted the survey at the subject site on
December 21, 2022. The report was reviewed and completed by Yonan Benjamin, a California
Asbestos Consultant and Certified Industrial Hygienist with LYEI.
The structure experienced fire damage. The samples of the Wall, Fire Debris, and Stucco Materials
were collected. Samples were taken, all of which were analyzed by Inland Asbestos Lab located in
Redlands, California, which is an NVLAP Lab (NVLAP Code 201000-0; Ph: 909-435-5504).
Asbestos Bulk samples were analyzed by PLM using EPA Method 600/R-93/116, (July 1993), in
accordance with 40 CFR 763, Sub-part F, Appendix A (AHERA), and if applicable, the Point Count
Method 600/R-93/116 (1000 Point), (July 1993). The survey was conducted in accordance with
CAL/OSHA, EPA AHERA and South Coast Air Quality Management District sampling protocols
using non-destructive representative sampling techniques. See attached, Asbestos Bulk Sampling
Field Log for materials and locations of samples collected.
Exhibit 3
Item 4 - Page 30
III. Findings/Conclusions
1-Results Table Summary
Sample # Material
Sampled
Sample
Location
Quantity Analytical
Results
Friability Condition Percent
Damaged
WS-1 Plaster on
Drywall
Living Room 1,100ft2 Non Detected Friable Significantly
Damaged
60%
WS-2 Plaster on
Drywall
Master
Bedroom
1,100ft2 Non Detected Friable Significantly
Damaged
60%
WS-3 Plaster on
Drywall
Kitchen 1,100ft2 Non Detected Friable Significantly
Damaged
60%
WS-4 Plaster on
Drywall
Bathroom 1,100ft2 Non Detected Friable Significantly
Damaged
60%
WS-5 Plaster on
Drywall
Bedroom 1 1,100ft2 Non Detected Friable Significantly
Damaged
60%
CO-1 Fire Debris / Dust Living Room 960ft2 Non Detected Friable Significantly
Damaged
100%
CO-2 Fire Debris / Dust Master
Bedroom
960ft2 Non Detected Friable Significantly
Damaged
100%
CO-3 Fire Debris / Dust Kitchen 960ft2 Non Detected Friable Significantly
Damaged
100%
S-1 Stucco Exterior Wall 1,200ft2 <1% Chrysotile Non Friable Intact 0%
S-2 Stucco Exterior Wall 1,200ft2 <1% Chrysotile Non Friable Intact 0%
S-3 Stucco Exterior Wall 1,200ft2 <1% Chrysotile Non Friable Intact 0%
Asbestos
Results of the bulk sample analysis are attached to this report and showed trace quantities, less than
1%, of asbestos in the stucco material of the Exterior Wall. However, there were no concentrations
of asbestos in the other structural materials collected and tested. See attached, Asbestos Sampling Field
Log for the results and locations. After further testing (1000 Point Counting, which has a lower
detection limit), the above Stucco Materials in the exterior wall were found to contain less than
0.1% Asbestos, and hence these (Stucco Materials) are not considered asbestos containing
materials by OSHA definition. See attached Inland Asbestos Lab Bulk Sample Analysis Point
Count Results.
Note: In California, the Department of Occupational Safety and Health (DOSH) enforces the OSHA
regulations under Section 1529 of Title 8 of the California Code of Regulations (CCR). DOSH also
requires that asbestos consultants & asbestos abatement contractors performing work in California be
trained and certified. In California, materials containing concentrations of asbestos greater than one-
tenth of one percent (>0.1%) are regulated.
Thank you for giving L.Y. Environmental, Inc. the opportunity to participate in this investigation. We
would be happy to provide any additional services, if necessary. Should there be any questions, or if I
may be of further assistance, please feel free to contact me.
Sincerely,
L.Y. Environmental, Inc.
Item 4 - Page 31
Item 4 - Page 32
CONDITIONS AND LIMITATIONS
L.Y. Environmental, Inc. (“LYEI”) has prepared this report for the exclusive use of its client. LYEI,
in its survey’s measurements, applies approximations of the dimensional areas (square footage) it is
not to be relied upon for bidding purposes.
LYEI, in performing its professional services, has applied engineering and scientific judgment that
it believes is consistent with OSHA and AHERA industry standards. LYEI has inspected structures
and/or contents in a good faith effort to observe pertinent detail. Due to the limitations of time,
access, and other variables, certain details may have been overlooked. LYEI has relied in good faith
upon the information and representations of others in the preparation of this report and the opinions
expressed herein. Accordingly, LYEI accepts no responsibility for deficiencies, omissions,
misrepresentations, or fraudulent acts of persons interviewed.
It is always possible that chemical and/or biological agents may be present in a building that have
not been targeted for assay, have not been identified by science as a potential health threat, or are
present in such small quantities or low levels that they were not detected by the sampling and/or
analytical methods employed. It is also possible that variables in sample collection, such as those
associated with an isolated or intermittent contaminant, the random selection of a sample location,
etc., will affect analytical results. Accordingly, it cannot be determined with absolute certainty that
there is no risk of exposure to some chemical and/or biological agents.
LYEI will accept no liability for any loss, injury, claim or damage arising directly or indirectly from
any use or reliance on this report or the opinions expressed herein. LYEI makes no warranty,
expressed or implied.
Item 4 - Page 33
INLAND ASBESTOS LAB, INC.
1050 Nevada St., Suite 403, Redlands, CA 92374
(909) 435-5504 / info@inlandalab.com
City of Redlands Business License # 1007671
NVLAP Lab Code: 201000-0
Yonan Benjamin
L.Y. Environmental, Inc.11
909-307-9730 Y. Benjamin
yonan@lyenvironmental.com Acceptable
Inseparable layers, contains paint
Plaster on drywall - white / brown
Plaster on drywall - white / brown
Plaster on drywall - white / brown
Plaster on drywall - white / brown
Plaster on drywall - white / brown
Fire Debris / Dust - white / black /
brown
Fire Debris / Dust - white / black /
brown
Fire Debris / Dust - white / black /
brown
100221480-10 Inseparable layers, contains paint
S-3 Stucco - gray / white / green Yes <1 100221480-11
S-2 Stucco - gray / white / green Yes <1
100221480-09 Inseparable layers, contains paint
S-1 Stucco - gray / white / green Yes <1
10 10 90221480-07
CO-3 No 5 15 80221480-08
CO-2 No
5 5
WS-5 No221480-05
221480-01
WS-1 No
221480-06
WS-2 No
WS-3
QC
90
Tr
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Fi
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s
5 905
Non-Asbestos Constituents, %
An
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5 5
Client Reference: 593 W. Ave. Cerca, Palm Springs,
CA
December 23, 2022
Page 1 of 2
Date Received: December 23, 2022
Date Analyzed: December 23, 2022
Test Report: PLM Bulk Asbestos Analysis
Analytical Method: EPA 600/R-93/116: Method for the Determination of Asbestos in Bulk Building Materials, in conjunction with EPA -- 40
CFR Appendix E to Subpart E of Part 763, Interim Method of the Determination of Asbestos in Bulk Insulation Samples
Sampler:
Sample Condition:
Date Collected: December 21, 2022Number of Samples:
Inland Asbestos Ref No.: 22121480
Cr
o
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i
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o
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i
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Asbestos Type, %
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Client Sample ID
Inland Sample ID
Sample Description - Color
Comment
221480-03 No
221480-04
5 5 90
CO-1 No 5 10 85
90221480-02
WS-4 No 5 5 90
Item 4 - Page 34
Item 4 - Page 35
Item 4 - Page 36
INLAND ASBESTOS LAB INC.
1050 Nevada St., Suite 403, Redlands, CA 92374 Page 1 of 1
(909) 435-5504 / info@inlandalab.com
City of Redlands Business License # 1007671
NVLAP Lab Code: 201000-0
Yonan Benjamin
L.Y. Environmental, Inc.3 Date Collected: December 21, 2022
909-307-9730 Y. Benjamin Date Received: December 23, 2022
yonan@lyenvironmental.com Acceptable Date Analyzed: January 3, 2023
Client Reference:
Client Sample ID Sample Description
Inland Sample ID Comments Non-Asbestos (%)
S-1 100.00% Non-Fibrous
221480-09p
S-2 100.00% Non-Fibrous
221480-10p
S-3 100.00% Non-Fibrous
221480-11p
The limit of detection for this analytical method is 0.25 percent using 400 points and 0.10 percent using 1000 points (visual area estimates). The above
analyses of the samples were performed in general compliance with the procedures outlined in EPA 600/R-93/116: Method for the Determination of
Asbestos in Bulk Building Materials, in conjunction with EPA -- 40 CFR Appendix E to Subpart E of Part 763, Interim Method of the Determination of
Asbestos in Bulk Insulation Samples. Non-friable organically bound materials may present a problem matrix, therefore Inland Asbestos Lab, Inc.
recommends gravimetric analysis prior to analysis. The client is responsible for interpretation and use of test results. This report relates only to the
samples reported above and reflects the samples as received. Sample descriptions are generated from the client's field sampling data on the Chain of
Custody. This report may not be reproduced, except in full, without written approval from Inland Asbestos Lab, Inc. and must not be used by the client
to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government. Inland Asbestos Lab, Inc. bears no
responsibility for client sample collection activities or analytical method limitations. The limit of detection for this analytical method is less than 1% and
total sample constituents may total greater than 100% due to trace amounts. Building materials manufactured with multiple layers (i.e. linoleum,
wallboard, etc.) are reported as a single sample unless requested otherwise by the client. Inland Asbestos Lab, Inc. is accredited under the NIST/NVLAP
(NVLAP Lab Code: 201000-0) program for bulk asbestos analysis using polarized light microscopy. Samples are within quality control criteria and met
method specifications unless otherwise noted. Estimation of uncertainty is available upon request. Please feel free to contact Inland Asbestos Lab, Inc.
regarding any questions about this report.
Analyzed by: Julia Benjamin, Laboratory Director
Approved Signatory
Inseparable layers, contains paint
Asbestos Anaytical Results (%)
<0.1% Chrysotile
<0.1% Chrysotile
<0.1% Chrysotile
Stucco - gray / white / green
Inseparable layers, contains paint
Stucco - gray / white / green
Inseparable layers, contains paint
Stucco - gray / white / green
January 3, 2023
593 W. Ave Cerca, Palm Springs, CA
Sample Condition:
Inland Asbestos Ref No.: 22121480
Test Report: PLM Bulk Asbestos Analysis (Point Count - 1000 Points)
Number of Samples:
Sampler:
Analytical Method: EPA 600/R-93/116: Method for the Determination of Asbestos in Bulk Building Materials, in conjunction with EPA --
40 CFR Appendix E to Subpart E of Part 763, Interim Method of the Determination of Asbestos in Bulk Insulation Samples
Item 4 - Page 37
Federal Tax I.D# 76-0782916
L. Y. Environmental Inc.
1050 Nevada St, Suite 403
Redlands, CA 92374
(909)307-9730
office@lyenvironmental.com
Invoice
BILL TO
Department of Special Program
Compliance
Attn: Dustin Wade
Ph: 760-323-8116 ext. 8769
E: dustin.wade@palmspringsca.gov
INVOICE #DATE TOTAL DUE DUE DATE ENCLOSED
19169 01/03/2023 $1,595.00 01/03/2023
FED.TAX ID
76-0782916
ACTIVITY QTY RATE AMOUNT
Asbestos Survey
Asbestos Survey (including report, call out, and lab analysis fees)
1 1,250.00 1,250.00
1000 Point Count 3 115.00 345.00
593 W. Ave Cerca, Palm Springs, CA 92262
Data collected: 12/21/2022
BALANCE DUE $1,595.00
Item 4 - Page 38
Page 1 of 7
CITY OF PALM SPRINGS Issue Date: 11.9.2021
PROCUREMENT AND CONTRACTS
DEPARTMENT
POLICIES AND PROCEDURES
1.0 UPurpose:
The purpose of these Policies and Procedures is to guide all City staff in the procurement of goods and
services needed for the City. In addition, the Procurement and Contracting Department is responsible for
these Policies and Procedures and is a resource to staff in assisting with City procurements.
2.0 UPolicy:
Ordinance 2049, approved by the City Council on July 22, 2021, amended Title 7 Procurement and
Contracting (“Title 7”) of the Municipal Code to set the policy for procurement and contracting for the City.
Sections 7.02.060 Supplemental Regulations and 7.03.010 (5) Use of Purchase Requisitions and
Purchase Orders of Title 7 allow the Director to render interpretations of Title 7 and to adopt and enforce
written rules and supplemental regulations to clarify the application of Title 7 and prepare administrative
policies and procedures to supplement Title 7. The Procurement and Contracting Manager provides the
functions of the Director as outlined in Title 7. Refer to Section 3.26 Reference Documents in these
Procedures and Procedures to view the entire Title 7.
The City has, by adopting Resolution 20249, elected to become subject to the California Uniform Public
Cost Accounting Act (the “Act”) when procuring Public Projects and the procurement requirements were
included in Ordinance 2049 adopted by City Council. Refer to Section 3.26 Reference Documents in
these Policies and Procedures to view the entire Act.
3.0 UProcedures:
3.1. General Requirements:
Purchase Orders are required for Uall purchasesU with very few exceptions. Exceptions include those
outlined in the Claim Voucher Policy and those purchases allowed by Purchasing Card Policy.
Purchase Orders may be requested by utilizing the requisition process through the City’s ERP
System (currently Munis). Refer to Section 3.26 Reference Documents in these Policies and
Procedures to view the Claim Voucher Policy and Purchasing Card Policy.
3.2. Ethics:
It is critical that all City employees participating in the purchase of goods and services on behalf of
the City understand the ethics policies and procedures outlined in Chapter 7.10 Ethics in Public
Contracting of the Municipal Code. Before engaging in the public purchasing process, Chapter
7.10 must be reviewed. If there are any questions regarding Chapter 7.10, please contact the
Procurement and Contracting Department or the City Attorney’s office.
3.3. Procurement Thresholds:
Outlined below are the current thresholds for types of procurement and Signature Authority in
accordance with Municipal Code Title 7 Sections 7.03.030 and 7.04.020:
i::... � '&);._Drafted By '-=,n:uc,rn'R\"'11\'""B"'�
""IM""r--
Procureme�o<i,�ng Manager
Approved �sfilA, 1831S {)iff 1/st!!l"111fton611\,
Exhibit 4
Item 4 - Page 39
Page 2 of 7
Procurement of Non-Public Projects Supplies and Services
(Including Professional Services)
Level 1 Level 2 Level 3
Department Award Asst./Deputy City Manager ^/
City Manager Award
City Council Award
Informal Procurement Process Informal or Formal
Procurement Process
Formal Procurement Process
Up to $25,000 Up to $50,000^ / $75,000 Over $75,000
Procurement of Public Projects
Level 1 Level 2 Level 3
Department Award Asst./Deputy City Manager^ /
City Manager Award
City Council Award
Informal Procurement Process Informal or Formal
Procurement Process
Formal Procurement Process
Up to $60,000 Up to $50,000^ / $200,000 Over $200,000
3.4. Terminology:
Defined terms in these Policies and Procedures shall have the meanings set forth in Section
7.01.040 of the Municipal Code.
3.5. Award Levels and Requirements for Non-Public Projects (Goods and Services (Including
Professional Services)):
3.5.1. Up to $10,000 – Services may be procured by obtaining Uone written quote for Supplies,
Maintenance Work, and General Services or one proposal for Professional Services
through documented negotiationsU. Contracts for purchases at this award level may be
signed by the Department based upon the delegation of signature authority from the City
Manager. Once the contract (if needed) is signed, a Purchase Order may be obtained by
placing a requisition into the City’s ERP System (Currently Munis) for approval by the
Procurement and Contracting Department. Purchasing Cards may be used for Supplies up
to the limits established for each cardholder.
3.5.2. $10,000.01 - $25,000 – Services may be procured by obtaining Uthree written quotes for
Supplies, Maintenance Work, and General Services or three proposals for
Professional Services*.U Contracts for purchases at this award level may be signed by the
Department based upon the delegation of signature authority from the City Manager. Once
the contract (if needed), is signed a Purchase Order may be obtained by placing a
requisition into the City’s ERP System (Currently Munis) for approval by the Procurement
and Contracting Department.
3.5.3. $25,000.01 - $75,000 – Services may be procured by obtaining Uthree written quotes for
Supplies, Maintenance Work, and General Services or three proposals for
Professional Services* or by a formal procurement processU. Contracts for purchases at
this award level may be signed by the Assistant/Deputy City Manager or City Manager
based upon the delegation of signature authority from the City Council. Once the contract (if
needed) is signed, a Purchase Order may be obtained by placing a requisition into the City’s
ERP System (Currently Munis) for approval by the Procurement and Contracting
Department.
3.5.4. Over $75,000 - Purchases at this level must be Uformally procured Uunless a special
procurement method applies in Chapter 7.05 of the Municipal Code. Contact the
Procurement and Contracting Department to conduct this process. Departments will be
asked to provide a scope of work and pricing structure for development of the solicitation.
Departments should allow time in their planning process for these purchasing procedures to
take place. A typical formal Invitation for Bids (“IFB”), applicable to Supplies, Maintenance
Item 4 - Page 40
Page 3 of 7
Work, and General Services, takes about one month to complete once the IFB is posted.
Formal Request for Proposals (“RFP”) and formal Request for Qualifications (“RFQ”),
applicable to Professional Services, take approximately two months to complete after either
the RFP or RFQ is posted. These timeframes do not include time for Council award, which
generally adds another month to the formal procurement processes. Contracts at this level
must be awarded by the City Council and then signed by the City Manager. Once the
contract (if needed) is signed, a Purchase Order may be obtained by placing a requisition
into the City’s ERP System (Currently Munis) for approval by the Procurement and
Contracting Department.
Invitations to Bid (IFBs) will be awarded to the lowest responsive, responsible bidder.
Request for Proposals (RFPs) will be awarded to the proposer that provides the best value
to the City meaning combination of technical qualifications and price and not necessarily the
lowest priced.
Requests for Qualifications (RFQs) typically used to procure Professional Services such as
Architects/Engineers will be awarded based on a qualifications-based process with contracts
negotiated for a fair and reasonable price.
3.6. Award Levels and Procurement Requirements for Public Projects (Construction):
3.6.1. 60,000 or less – As established by the Public Contract Code Section 22032(a), Public
Projects can be procured by Force Account or negotiated Contract. Contracts under
$25,000 may be signed by the Department based upon the delegation of signature authority
from the City Manager. Contracts of $25,000 to $60,000 may be signed by the
Assistant/Deputy City Manager or City Manager based upon the delegation of signature
authority from the City Council. Once the contract is signed, a Purchase Order may be
obtained by placing a requisition into the City’s ERP System (Currently Munis) for approval
by the Procurement and Contracting Department.
3.6.2. $200,000 or less - As established by the Public Contract Code Section 22032(b), Public
Projects can be procured through the informal public project bidding procedure. This
includes, among other things, providing the Invitation to Bids to a list of qualified bidders
maintained by the City and/or by sending the Invitation to Bids to all construction trade
journals specified in the Act. The entire informal public project bidding procedures are
described in Section 7.04.030 of the Municipal Code. Contracts for purchases at this award
level may be signed by the City Manager based upon the delegation of signature authority
from the City Council. The Department would then complete the transaction by obtaining a
Purchase Order by placing a Purchasing Requisition into the City’s ERP System (Currently
Munis) for approval by the Procurement and Contracting Department.
3.6.3. Over $200,000 - Public Projects must be Uformally procured by the formal public bidding
procedures described in section 7.04.040 of the Municipal Code unless Ua special
procurement method applies in Chapter 7.05 of the Municipal Code. The Engineering
Department will oversee this process for Public Projects. Contracts at this level must be
awarded by the City Council and then signed by the City Manager. awarded. The
Department would then complete the transaction by obtaining a Purchase Order by placing
a requisition into the City’s ERP System (Currently Munis) for approval by the Procurement
and Contracting Department.
3.7. Purchasing Cards (P-cards):
The Procurement and Contracting Department issues Purchasing Cards (P -cards) to facilitate the
purchase of Supplies for on-the-spot smaller transactions and for travel for some card holders. It is
critical that cardholders understand the proper use of P-cards and follow the P-card policy. P-cards
cannot be shared and must be protected by the cardholder at all times. R eceipts for purchases
Item 4 - Page 41
Page 4 of 7
must be maintained by the cardholder. Please view the P-card policy in Section 3.26 Reference
Documents for more information concerning the use of the City’s P-cards.
3.8. Purchase Requisitions:
Purchase Requisitions are required through the City’s ERP system (Currently Munis) to obtain
Purchase Orders for the authorization to purchase of Supplies, Services, and Public Projects for the
City. Each Department shall have selected staff trained to input needed information into the system
to obtain the required Purchase Orders. Preparing det ailed notes and adding supporting
documents in the system will help facilitate the approval proces s. The following documents shall be
included with the requisition:
1)the required number of quotes and/or signed contract
2)for Supplies, Services and Public Projects, any insurance certificates and endorsements
required to demonstrate the vendor has the required levels of insurance
3)for sole source purchases a letter from the vendor explaining the sole source with a current
date on it and an explanation from the department on why only that product or vendor can be
used will also be needed for approval. To avoid any delays in processing Purchase Orders Sole
Source items should be submitting in advance to the Procurement Manager for review and
signoff.
4)for emergency purchases proper authorization from the City Manager shall be included
5)documentation for any exemptions that are being used for the purchase as defined in Section
7.01.030 of Title 7.
3.9. Purchase Order Authorization:
The Procurement and Contracting Department issues Purchase Orders to authorize the purchase
of Supplies, Services, and Public Projects. Purchase Orders are not issued after a purchase since
the purchase has already taken place. The City and the vendor are at risk if it ems are purchased
without proper authorization through a contract or Purchase Order. Noncompliance with the
Procurement policies and procedures may cause the transaction in question to be audited and
presented to the City Manager and City Attorney for their review before payment may be made. All
transactions are monitored and audited on a regular basis for compliance and violations are subject
to disciplinary action.
3.10. Blanket Purchase Orders:
Blanket Purchase Orders may be issued each fiscal year for purchases of Supplies and Services at
lower dollar values that are repetitive in nature and on an as needed basis. The purpose of th ese
Purchase Orders it to provide Supplies and Services for Departments to avoid emergency
purchases for repairs of buildings, vehicles, etc. Procurement must be in compliance with these
Policies and Procedures and Title 7.
3.11. Purchase Order Issuance:
Purchase Orders are issued by the City’s ERP system (Currently Munis) directly to vendors and a
copy is provided to the Department. Departments should contact the vendor to confirm the vendor
received the Purchase Order and the vendor is moving forward with the order.
3.12. Changes to Purchase Orders:
Should a change to a Purchase Order be needed after the purchase order is issued the change will
be processed through the City’s ERP system (Currently Munis). Information must be provided in
the notes section to explain why the change is necessary with supporting documentation attached.
Item 4 - Page 42
Page 5 of 7
3.13. Requests for Formal Solicitations:
If a Department needs a Procurement by formal solicitation (IFB, RFP or RFQ), the Department
shall contact the Procurement and Contracting Department for further assistance. The Department
must provide a scope of work, pricing structure and any specific qualifications or minimum
requirements the Department would like included in the solicitation. The Procurement and
Contracting Department will draft the solicitation for review and comment by the Department. Once
the solicitation is finalized, the solicitation will be advertised to the public and the Procurement and
Contracting Department, in conjunction with the Department, will conduct any pre submittal
meetings, prepare any addenda to make changes to the solicitation, open the bids or proposals,
and finalize the evaluation and selection process until a contract is ready for recommendation of
award.
3.14. Claim Vouchers:
Claim Vouchers may be used in certain situations where the issuance of a Purchase Order may not
be appropriate or practical. Claim Vouchers may not exceed $1,500 and are submitted directly to
the Finance Department for payment. Please view the attached Finance Policy regarding the
appropriate use of a claims voucher in the Section 3.26 Reference Documents. The improper use
of a Claim Voucher for purchases requiring a Purchase Order is prohibited and is subject to
disciplinary action.
3.15. Sole Source Purchases:
Sole Source purchases may be made when only one specific product or vendor meets a need by
the City. Sole Source procurements must be justified by obtaining a sole source letter with current
date from the vendor that provides the necessary information to show how their product or services
is a sole source, such as patent or copyright information, and an explanation from the Department
why only that vendor or product meets the needs of the Department. See Section Municipal Code
Title 7 Section 7.05.020 Sole Source Procurement by the City. Sole Source requests should be
sent to the Procurement Manager in advance for approval before proceeding with the requisition
process so that the process is not delayed.
3.16. Emergency Purchases:
Departments may experience emergencies that affect the health and safety of th e public or the
City’s assets. In the event an emergency purchase is needed , the City Manager can authorize
these purchases. See Municipal Code Title 7 Section 7.05.040 Emergency Procurement.
3.17. Exception and Special Expertise Purchases:
Title 7 Section 7.01.030 and 7.05.303 outlines certain exceptions to the procurement ordinance. If
a Department has a need for supplies or services that fall into one of these expectations, the
Department shall document which exception it falls under and include that documentation with the
purchase requisition for processing.
3.18. Purchasing Cooperatives:
Departments may utilize purchasing cooperatives and State contracts to purchase needed items.
The City participates in purchases thru the State’s California Multiple Award Schedules (CMAS)
and through non-State cooperatives such as OMNIA, HGAC and Sourcewell. If a Department
needs an item on a cooperative contract or a vendor indicates they are part of a cooperative
contracting program, contact the Procurement and Contracting Department for further assistance.
These contracts may fulfill the need to obtain quotes or perform a formal solicitation process as
they have already been procured by a qualifying agency. The contract must be open for use and
the items needed must be on the contract. The price offered to the Cit y must be at or below the
price listed on the cooperative contract. See Municipal Code Title 7 Section 7.09.010
Item 4 - Page 43
Page 6 of 7
3.19. Federally Funded Projects:
Along with the procurement and administrative requirements in Title 7 and these Policies and
Procedures, there are additional requirements when spending federal funds. This includes
complying with CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which must be followed when spending certain federal funds.
Federal funding typically has additional procurement requirements that must be carefully reviewed
in order to be in compliance. These requirements vary, but typically require different procurement
methods and forms and certain procurement and contract clauses, while some City policies will not
apply when using federal funding such as the Local Preference Ordinance. Additional federal
contract administrative requirements will apply during the contract. Departments must work with
the Procurement and Contracting Department if procuring federally funding projects to make sure
the solicitation and resulting contract are federally compliant.
3.20. Local Preference:
Effective March 2009 the City Council voted to modify the Procurement Ordinance and add a Local
Preference program. See Municipal Code Chapter 7 Section 7.09.030 Local Business Preference
Program for more information on this program.
3.21. Prevailing Wage:
Certain Public Projects and Services costing $15,000 or more are subject to the payment of
prevailing wages. See Municipal Code Chapter 7 Section 7.06.0 20 Prevailing Wages and Benefits
for more information on this program.
3.22. Surplus Property:
When a Department has an asset that is no longer needed, the Department must contact the
Procurement and Contracting Department and provide pictures, condition information and
estimated value for disposition of that asset. Other Departments in the City will be given the
opportunity to have the asset transferred to their Department for use first. If no other Departments
in the City have a need for the asset, it will be sold on a public action site with the funds returning to
the City’s general fund.
3.23. Contracts and Contract Awards:
Contracts are generally prepared by the Procurement and Contracting Department but may also be
prepare by Departments. All contracts shall be reviewed and approved by the City Attorney’s office
before sending to the vendor for signature. Any vendor provided contracts must also be reviewed
and approved by the City Attorney’s office before any signatures may be obtained. If a vendor
requires a change to a contract approved by the City Attorney’s office during the signature process,
the City Attorney and the Contracts and Procurement Department shall be notified for approval of
any changes. Only those employees authorized by the City Manager and/or City Council shall sign
contracts on behalf of the City.
3.24. Contract Amendments and Changes Orders:
Contracts may be amended or changed through the use of formal amendments or change order
documents. Departments shall contact the Purchasing and Contracting Department and /or the City
Attorney’s Office for any assistance needed in preparing these documents. The City Manager may
approve amendments and Change Orders if the amendments or Change Orders aggregated with
the original contract do not to exceed the Signature Authority established by the City Council,
currently $75,000 for Supplies and Services (non-Public Projects) and $200,000 for Public Projects.
The City Council may delegate specific Signature Authority to approve amendments or Change
Orders, specific to that contract, based on either a percentage of the original contract amount or a
specific dollar amount. See Municipal Code Title 7 Section 7.03.070 Contract or Purchase Order
Amendments.
Item 4 - Page 44
Page 7 of 7
3.25. Contract Administration:
Each Department shall have dedicated staff to provide contract administrative services for
Purchase Orders and contracts. The responsibilities include, among other things, the following:
Making sure Supplies or Services received and accepted by the Department meet the terms and
conditions of the Purchase Order or contract. Monitoring the progress of the work to make sure
deliverables are received and work progresses as required. Keeping vendor insurance certificates
current, documenting files, and reviewing invoices for the work to confirm the invoices are accurate
based on the payment provisions in the contract or Purchase Order. Working with the vendor or
contractor as soon as any issues arise to keep the work on track and contacting the Procurement
and Contracting Department and the City Attorney’s office if assistance is needed in resolving
disputes or if contract termination is needed. If the project is federally funded, making sure all the
federal requirements are met, completing any required reports, and documenting compliance with
the federal terms and conditions. In addition, the contract administrator shall make sure the co ntract
and or Purchase Order is closed out properly at the end of the contract term.
3.26. Contract and Purchase Order Closeout:
Once a contract or Purchase Order is complete, the Department shall take the steps to close out
the contract or Purchase Order and release any unused funds. For blanket Purchase Orders, this
process should occur at the end of each fiscal year. . Files should be complete and organized for
record retention. For Public Projects, project closeout should be in accordance with the contract,
including, but not limited to, filing project completion notices, obtaining from the Contractor any
warranties, operations and maintenance manuals and attic stock as applicable and releasing
retention to the Contractor as warranted prior to closing the contract.
3.27. Reference Documents:
Procurement Chart
Municipal Codes Chapter 7
f
California Uniform Public Construction Cost Accounting Act
..pdf
P-Card Policies and Procedures
Claim Voucher Policy
Signature Authority Matrix
Item 4 - Page 45
Page 1 of 13
Revised: 2.9.22
AMENDMENT NO. 1 TO AGREEMENT NUMBER 23I164
FOR ABATEMENT OF PROPERTY AT 593 WEST AVENIDA CERCA,
PALM SPRINGS, CA 92262
BETWEEN THE CITY PALM SPRINGS AND R & R B INC. DBA
SERVPRO OF CHINO/CHINO HILLS
1.Parties and Date.
This Amendment No. 1 to the agreement for abatement of property at 593 West Avenida
Cerca, Palm Springs, CA 92262 is made and entered into as of this 21st day of August, 2023, by and
between the City of Palm Springs (“City”) and R & R B INC. DBA SERVPRO OF CHINO/CHINO
HILLS, a California corporation (“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
“abatement of property at 593 West Avenida Cerca, Palm Springs, CA 92262” dated July 24, 2023
(“Agreement”) for the purpose of retaining the services of Contractor to provide abatement of
property at 593 West Avenida Cerca, Palm Springs, CA 92262.
2.2 Amendment. The City and Contractor desire to amend the Agreement to revise the
scope of services per new Abatement Warrant.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3
of the Agreement.
3.Terms.
3.1 “Exhibit A is hereby deleted in its entirety and replaced with Exhibit A attached
hereto and incorporated herein by reference.”
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
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
DocuSign Envelope ID: 79F2DEE5-E8ED-4DF5-8B40-1773F645F31C
([KLELW
Item 4 - Page 46
Page 2 of 13
Revised: 2.9.22
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: 79F2DEE5-E8ED-4DF5-8B40-1773F645F31C
Item 4 - Page 47
Page 3 of 13
Revised: 2.9.22
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND R & R B INC. DBA SERVPRO OF CHINO/CHINO HILLS
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
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: 79F2DEE5-E8ED-4DF5-8B40-1773F645F31C
8/21/2023 8/21/2023
8/22/2023
Item 4 - Page 48
Page 4 of 13
Revised: 2.9.22
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
DocuSign Envelope ID: 79F2DEE5-E8ED-4DF5-8B40-1773F645F31C
Item 4 - Page 49
Page 5 of 13
Revised: 2.9.22
1. Scope of Work
The Contractor shall provide abatement of property at 593 West Avenida Cerca, Palm Springs,
CA 92262 as detailed in the attached ABATEMENT WARRANT.
2. Invoicing
A. The Contractor shall submit the invoice to the Contract Administrator. Invoice must contain
following:
i. Purchase order number
ii. Work order number/ Job ticket
B. Approval for payment shall be authorized by the Contract Administrator.
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License# 935856
Team Brogdon serving the Greater Inland
Empire. . .
13885 Redwood Ave
Chino, CA 91710 US
+1 9095483191
Invoice
BILL TO
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
SHIP TO
593 Avenida Cerca
Palm Springs, CA. 92262
INVOICE #DATE TOTAL DUE DUE DATE TERMS ENCLOSED
5273705 09/20/2023 $63,354.81 11/19/2023 Net 60
INSURANCE CO.
Self-pay
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Asbestos Abatement Asbestos Abatement & Demo
PO#24000552
1 63,354.81 63,354.81
Thank you for your business, have a wonderful day!SUBTOTAL 63,354.81
TAX 0.00
TOTAL 63,354.81
BALANCE DUE $63,354.81
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Exhibit 6
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Exhibit 7
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