HomeMy WebLinkAbout2023-05-03 LBOT Board PacketLIBRARY BOARD OF TRUSTEES
CITY OF PALM SPRINGS, CALIFORNIA
www.palmspringslibrary.gov
REGULAR MEETING AGENDA
WEDNESDAY, MAY 3, 2023
5:30 P.M.
Meeting will be held in person at City Hall in the Large Conference Room.
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262.
•To view/listen to the meeting live, please use the following link:
https://us02web.zoom.us/j/85958290008?pwd=cUV6NDJuTndZVk1TcEtYUEdSWU
dpQT09 or call 1-669-900-6833, Meeting ID: 859 5829 0008, Passcode: 090845
•Submit your public comment to the Library Board of Trustees electronically. Material
may be emailed to jeannie.kays@palmspringsca.gov. Transmittal prior to the start of
the meeting is required. Any correspondence received during or after the meeting will
be distributed to the Board and retained for the official record.
•The meeting will be recorded, and the audio file will be available from the Office of the
City Clerk and will be posted on the City’s YouTube channel, as soon as practicable.
TRUSTEES
Craig Borba, Ed. D., Chair
Juanita Garner, Vice-Chair
Al Jones, Treasurer
Ed McBride, Trustee
David Norgard, Trustee
Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive
public services to enhance the quality of life for current and future generations.
Staff representative: Jeannie Kays, Director of Library Services, Palm Springs Public Library
I.CALL TO ORDER - ROLL CALL
II.ACCEPTANCE OF THE AGENDA: In order to meet Brown Act requirements, items may be
added to the agenda only upon decision by a majority of the Board of Directors to add the
item because of a need for immediate action. This Agenda was available for public access
at the City Hall exterior bulletin board (west side of Council Chamber), and City Clerk’s office
on or before 5:30 p.m., April 26, 2023. A courtesy posting of this Agenda can be found on
the Library’s website at www.palmspringslibrary.org. Pursuant to the Government Code
Section 54957.5, the designated office for inspection of public records in connection with
the public meeting of the Library Board of Trustees is the office of the City Clerk, City Hall,
at 3200 East Tahquitz Canyon Way, Palm Springs, California.
Library Board of Trustees, May 3, 2023, pg. 1
Library Board of Trustees Page 2 of 4
Wednesday, May 3, 2023
Acceptance of Agenda:
Motion: Second: Approved: Opposed: Abstention Names(s):
III.PUBLIC COMMENTS: This time has been set aside for members of the public to addressthe Library Board of Trustees on Agenda items; and items of general interest within thesubject matter within jurisdiction of the City. Although the Library Board of Trusteesvalues your comments, pursuant to the Brown Act, it generally cannot take any action onitems not listed on the posted Agenda. Three (3) minutes are assigned to each speaker.
IV.CONSENT AGENDA
A. Meeting Minutes of April 4, 2023
B. Library Statistics
C. Donation Report
Acceptance of Consent Agenda:
Motion: Second: Approved: Opposed: Abstention Names(s):
V.ADMINISTRATIVE REPORTS
A. Friends of the Palm Springs Library
B.Palm Springs Public Library Foundation
C. Library Staff
VI.TREASURERS REPORT
Acceptance of Treasurers Report:
Motion: Second: Approved: Opposed: Abstention Names(s):
VII.DISCUSSION/ACTION ITEMS
A.REVIEW LIBRARY FOUNDATION EDITS OF MEMORANDUM OF UNDERSTANDING
Motion: Second: Approved: Opposed: Abstention Names(s):
Library Board of Trustees, May 3, 2023, pg. 2
Library Board of Trustees Page 3 of 4
Wednesday, May 3, 2023
B.UPDATE ON RFQ TIMELINE STATUS FOR LIBRARY RENOVATION
Motion: Second: Approved: Opposed: Abstention Names(s):
VIII.TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS
IX.ADJOURNMENT: The meeting of the Library Board of Trustees will adjourn to its next
scheduled meeting at 5:30 p.m. on Wednesday, June 7, 2023.
The Palm Springs Public Library Board of Trustees meets at 5:30 p.m. on the 1st Wednesday
of every month, unless noted otherwise.
THE PUBLIC IS INVITED TO PARTICIPATE
COMMITTEES:
STANDING:
ADVOCACY MCBRIDE/BORBA
BUDGET JONES/GARNER
BUILDINGS BORBA/NORGARD
POLICIES/BYLAWS GARNER/NORGARD
AD HOC:
FOUNDATION LIAISON JONES/MCBRIDE
FRIENDS LIAISON BORBA
MEASURE J LIAISON JONES
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Jeannie Kays, Director of Library Services of the City of Palm Springs, California, hereby certify this
Agenda was delivered to each member of the Library Board of Trustees, provided to all parties who have
requested such notice, posted at City Hall before 5:30 p.m., on April 26, 2023, and posted on the City’s
website as required by established policies and procedures.
____________________________
Jeannie Kays, MLIS
Director of Library Services
Library Board of Trustees, May 3, 2023, pg. 3
Library Board of Trustees Page 4 of 4
Wednesday, May 3, 2023
P U B L I C N O T I C E S
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 Library Director, Palm Springs Public Library, 300 S. Sunrise
Way. Complete Agenda Packets are available for public inspection at: Palm Springs Public
Library. 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 Director of
Library Services at (760) 322-8375.
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, If you will need special assistance beyond
what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please
contact Lisa Brock at 760-322-8387 to inform us of your particular needs and to determine if
accommodation is feasible. Please advise us at that time if you will need accommodations to attend or
participate in meetings on a regular basis.
Library Board of Trustees, May 3, 2023, pg. 4
Board of Library Trustees Minutes: April 4, 2023 1
PALM SPRINGS PUBLIC LIBRARY
BOARD OF LIBRARY TRUSTEES
MINUTES
Palm Springs Public Library April 4, 2023
City Hall Council Chambers
Teleconference via Zoom
1. CALL TO ORDER
Chair Borba called the meeting to order at 5:43 p.m.
ROLL CALL PRESENT
Craig Borba Yes
Juanita Garner Yes
Al Jones No
Ed McBride Yes
David Norgard No
STAFF PRESENT: Jeannie Kays, Director of Library Services.
CITY STAFF PRESENT: Lisa Brock, Library Operations and Collection Manager.
PUBLIC PRESENT: Robert Engel, Nanci Morrison, David Sidley, Bill Wiley.
2. ACCEPTANCE OF THE AGENDA:
MOTION: (McBride/Garner, 3-0) To accept the agenda.
3. PUBLIC COMMENTS: None.
4. CONSENT AGENDA
MOTION: (McBride/Garner, 4-0) To approve the consent agenda.
4. A. Meeting Minutes of March 1, 2023.
4. B. Library Statistics
4. C. Donation Report
5. ADMINISTRATIVE REPORTS
5. A. Friends of the Palm Springs Library
Nanci Morrison gave the report. They had 771 people attend the Al Franken Palm Springs Speaks event.
Their Annual Meeting is April 30th from 2-4 at Miralon in Palm Springs. Register at
www.friendsofthepalmspringslibrary.org. They raised $2500 at their annual book sale. The next Palm
Springs Speaks author is Dave Barry on Tuesday, May 9th at the Palm Springs Cultural Center. Tickets
are on sale at www.palmspringsspeaks.org.
5. B. Palm Springs Public Library Foundation
David Sidley gave the report. The Foundation participated in the One-PS picnic and will be participating
in the Library Family Fun Festival. The Brunch on the Page fundraiser was a success; it was sold out.
5. C. Library Staff
Library Board of Trustees, May 3, 2023, pg. 5
Board of Library Trustees Minutes: April 4, 2023 2
Al Franken event was a success. Over 770 attended the first event since the start of the COVID
pandemic.
Next event is humorist Dave Barry. May 9. VIP 6:00, Author Talk 7:30. At the Palm Springs Cultural
Center.
Family Fun Fest is April 12 from 9-noon. MIX 100.5 will be doing a live radio broadcast. Thirty
organizations will be participating. Every child gets a free book, among other goodies.
City of Palm Springs 85th anniversary celebration this Saturday. LGBTQ+ exhibit at Welwood. Library
staff will have a booth at the Downtown Park.
6. TREASURERS REPORT
Director Kays gave the report. The trust fund balance is $1,783,976.22. The City Manager requested a
two-year budget; Director Kays submitted the budget with a 3% increase.
MOTION: (McBride, Garner 4-0) To accept the treasurers report.
7. DISCUSSION/ACTION ITEMS
7. A. MEMORANDUM OF UNDERSTANDING – PALM SPRINGS PUBLIC LIBRARY
FOUNDATION
The MOU is included in the packet. They removed the word ongoing in the two places as
recommended. The Foundation is going to send their insurance information to Director Kays and
she will send it to the City Attorney to verify they have adequate coverage. The MOU now goes to
the Foundation for review.
MOTION: (Garner, McBride 4-0) To forward the MOU to the Foundation.
7. B. REVIEW FLOW CHART FOR DONATIONS
Director Kays reviewed the flow chart included in the Board Packet.
8. TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS
Director Kays shared that the Request for Qualifications for the Library Renovation is out for bid. It
closes on May 3rd at 2 p.m.
9. ADJOURNMENT
The April meeting adjourned at 6:21 p.m.
RESPECTFULLY SUBMITTED,
Jeannie Kays
Director of Library Services
Library Board of Trustees, May 3, 2023, pg. 6
City of Palm Springs, CA
BALANCE SHEET FOR 2023 9
Report generated: 04/26/2023 07:44
User: JeannieK
Program ID: glbalsht
Page 1
NET CHANGE ACCOUNT
FUND: 151 Library Endowment Fund FOR PERIOD BALANCE
ASSETS
151 10005 Operating Bank Account -1,294.88 1,826,271.58
151 10006 Cash - Fair Market Value Adj .00 -36,721.22
151 10299 Unrealized Investments .00 -6,869.02
TOTAL ASSETS -1,294.88 1,782,681.34
FUND BALANCE
151 29000 Fund Balance Unreserved .00 -1,773,194.42
151 29310 Revenue Control -8,705.12 -19,486.92
151 29315 Expenditure Control 10,000.00 10,000.00
151 29320 Budgetary FB Unreserved .00 1,801,860.27
151 29330 Appropriations .00 -1,801,860.27
151 29335 Encumbrance Control -10,000.00 10,000.00
151 29345 Budgetary FB Reserve for Encum 10,000.00 -10,000.00
TOTAL FUND BALANCE 1,294.88 -1,782,681.34
TOTAL LIABILITIES + FUND BALANCE 1,294.88 -1,782,681.34
** END OF REPORT - Generated by Jeannie Kays **
Library Board of Trustees, May 3, 2023, pg. 7
City of Palm Springs, CA
ACCOUNT TRIAL BALANCE FOR FY23/FEB TO MAR
Report generated: 04/26/2023 07:47
User: JeannieK
Program ID: glatrbal
Page 1
FUND 151
ACCOUNT
ACCOUNT NAME ORG BEG. BALANCE DEBITS CREDITS NET CHANGE END BALANCE
PER JNL SRC EFF DATE REFERENCE
151 10005
Operating Bank Account 151 1,827,566.46
9 230077 APP 03/02/23 030223 .00 10,000.00 -10,000.00
9 230432 CRP 03/13/23 CASH RECEIPTS JOURNAL 173.00 .00 -9,827.00
9 230742 GEN 03/31/23 Q3 INT SYSTEM GENERATED DUE TO LINE 8,532.12 .00 -1,294.88
1,827,566.46 8,705.12 10,000.00 -1,294.88 1,826,271.58
151 10006
Cash - Fair Market Value Adj 151 -36,721.22
-36,721.22 .00 .00 .00 -36,721.22
151 10299
Unrealized Investments 151 -6,869.02
-6,869.02 .00 .00 .00 -6,869.02
151 20010
Accounts Payable Control 151 .00
9 230059 API 03/02/23 B 2002 .00 10,000.00 -10,000.00
9 230077 APP 03/02/23 030223 AP CASH DISBURSEMENTS JOURNA 10,000.00 .00 .00
.00 10,000.00 10,000.00 .00 .00
151 29000
Fund Balance Unreserved 151 -1,773,194.42
-1,773,194.42 .00 .00 .00 -1,773,194.42
151 29320
Budgetary FB Unreserved 151 1,801,860.27
1,801,860.27 .00 .00 .00 1,801,860.27
151 29330
Appropriations 151 -1,801,860.27
-1,801,860.27 .00 .00 .00 -1,801,860.27
151 29335
Encumbrance Control 151 20,000.00
9 230059 POL 03/02/23 B 2002 .00 10,000.00 -10,000.00
20,000.00 .00 10,000.00 -10,000.00 10,000.00
151 29345
Budgetary FB Reserve for Encum 151 -20,000.00
9 230059 POL 03/02/23 B 2002 10,000.00 .00 10,000.00
-20,000.00 10,000.00 .00 10,000.00 -10,000.00
TOTALS FOR FUND 151
Library Endowment Fund 10,781.80 28,705.12 30,000.00 -1,294.88 9,486.92
Library Board of Trustees, May 3, 2023, pg. 8
City of Palm Springs, CA
ACCOUNT TRIAL BALANCE FOR FY23/FEB TO MAR
Report generated: 04/26/2023 07:47
User: JeannieK
Program ID: glatrbal
Page 2
FUND 151
ACCOUNT
ACCOUNT NAME ORG BEG. BALANCE DEBITS CREDITS NET CHANGE END BALANCE
PER JNL SRC EFF DATE REFERENCE
REPORT TOTALS 10,781.80 28,705.12 30,000.00 -1,294.88 9,486.92
Library Board of Trustees, May 3, 2023, pg. 9
City of Palm Springs, CA
ACCOUNT TRIAL BALANCE FOR FY23/FEB TO MAR
Report generated: 04/26/2023 07:47
User: JeannieK
Program ID: glatrbal
Page 3
REPORT OPTIONS
Print (D)etail or (S)ummary: D
Fiscal year-to-date version: N
Reporting year: 2023
Reporting from period: 08 FEB to 09 MAR
Journal Detail from 03/01/2023 to 03/31/2023
(B)alance sheet or (A)ll accounts: A
Roll up projects to object level: N
Omit zero balance accounts: Y
Sort by 3 Org-Obj-Project
Print Org Code? (Y/N) Y
Print Fund Header and Org/Obj N
Include page break between funds Y
Include page break between each N
Print totals N
Print report options Y
Exclude fund balance YEC/AJE for prior years N
Find Criteria
Field Name Field Value
Fund 151
Department
Division
Future
Character Code
Org
Object
Project
Account type Balance sheet
Account status
** END OF REPORT - Generated by Jeannie Kays **
Library Board of Trustees, May 3, 2023, pg. 10
City of Palm Springs, CA
ACCOUNT DETAIL HISTORY FOR 2023 00 TO 2023 13
Report generated: 04/26/2023 07:55
User: JeannieK
Program ID: glacthst
Page 1
ORG OBJECT PROJ NET LEDGER NET BUDGET
YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE
151 10005 Operating Bank Account
SOY BALANCE 1,815,988.76
23/01 230045 07/07/22 APP 070722 -230.59 1,815,758.17
23/01 230109 07/11/22 CRP 490.00 1,816,248.17
23/01 230232 07/21/22 APP 072122 -1,252.43 1,814,995.74
23/02 230304 08/15/22 CRP 1.00 1,814,996.74
23/04 230491 10/25/22 CRP 203.00 1,815,199.74
23/04 230556 10/25/22 GEN -203.00 1,814,996.74
23/04 230558 10/31/22 GEN Q1 INT Q1 INT ALL Q1 INT ALLOC 6,825.49 1,821,822.23
23/05 230370 11/15/22 CRP 800.00 1,822,622.23
23/05 230627 11/29/22 CRP 61.00 1,822,683.23
23/05 230642 11/30/22 GEN -490.00 1,822,193.23
23/06 230119 12/05/22 CRP 50.00 1,822,243.23
23/06 230253 12/08/22 CRP 250.00 1,822,493.23
23/06 230586 12/08/22 GEN -250.00 1,822,243.23
23/06 230648 12/31/22 GEN Q2 INT Q2 INT ALL Q2 INT ALLOC 5,323.23 1,827,566.46
23/09 230077 03/02/23 APP 030223 -10,000.00 1,817,566.46
23/09 230432 03/13/23 CRP 173.00 1,817,739.46
23/09 230742 03/31/23 GEN Q3 INT Q3 INT ALL Q3 INT ALLOC 8,532.12 1,826,271.58
23/10 230243 04/13/23 APP 041323 -1,621.24 1,824,650.34
LEDGER BALANCES --- DEBITS: 1,838,697.60 CREDITS: -14,047.26 NET: 1,824,650.34
151 10006 Cash - Fair Market Value Adj
SOY BALANCE -36,721.22
LEDGER BALANCES --- DEBITS: .00 CREDITS: -36,721.22 NET: -36,721.22
151 10299 Unrealized Investments
SOY BALANCE -6,869.02
LEDGER BALANCES --- DEBITS: .00 CREDITS: -6,869.02 NET: -6,869.02
151 12105 Interest Receivable
SOY BALANCE 2,278.92
23/05 230647 11/30/22 GNI -2,278.92 .00
LEDGER BALANCES --- DEBITS: 2,278.92 CREDITS: -2,278.92 NET: .00
151 20010 Accounts Payable Control
SOY BALANCE -1,483.02
23/01 230045 07/07/22 APP 070722 230.59 -1,252.43
23/01 230232 07/21/22 APP 072122 1,252.43 .00
23/09 230059 03/02/23 API B 2002 -10,000.00 -10,000.00
23/09 230077 03/02/23 APP 030223 10,000.00 .00
Library Board of Trustees, May 3, 2023, pg. 11
City of Palm Springs, CA
ACCOUNT DETAIL HISTORY FOR 2023 00 TO 2023 13
Report generated: 04/26/2023 07:55
User: JeannieK
Program ID: glacthst
Page 2
ORG OBJECT PROJ NET LEDGER NET BUDGET
YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE
23/10 230163 04/13/23 API B 2139 -1,621.24 -1,621.24
23/10 230243 04/13/23 APP 041323 1,621.24 .00
LEDGER BALANCES --- DEBITS: 13,104.26 CREDITS: -13,104.26 NET: .00
151 29000 Fund Balance Unreserved
SOY BALANCE -1,773,194.42
LEDGER BALANCES --- DEBITS: .00 CREDITS: -1,773,194.42 NET: -1,773,194.42
151 29310 Revenue Control
SOY BALANCE .00
23/01 230109 07/11/22 CRP -490.00 -490.00
23/02 230304 08/15/22 CRP -1.00 -491.00
23/04 230491 10/25/22 CRP -203.00 -694.00
23/04 230556 10/25/22 GEN 203.00 -491.00
23/04 230558 10/31/22 GEN Q1 INT Q1 INT ALL Q1 INT ALLOC -6,825.49 -7,316.49
23/05 230370 11/15/22 CRP -800.00 -8,116.49
23/05 230627 11/29/22 CRP -61.00 -8,177.49
23/05 230642 11/30/22 GEN 490.00 -7,687.49
23/05 230647 11/30/22 GNI 2,278.92 -5,408.57
23/06 230119 12/05/22 CRP -50.00 -5,458.57
23/06 230253 12/08/22 CRP -250.00 -5,708.57
23/06 230586 12/08/22 GEN 250.00 -5,458.57
23/06 230648 12/31/22 GEN Q2 INT Q2 INT ALL Q2 INT ALLOC -5,323.23 -10,781.80
23/09 230432 03/13/23 CRP -173.00 -10,954.80
23/09 230742 03/31/23 GEN Q3 INT Q3 INT ALL Q3 INT ALLOC -8,532.12 -19,486.92
LEDGER BALANCES --- DEBITS: 3,221.92 CREDITS: -22,708.84 NET: -19,486.92
151 29315 Expenditure Control
SOY BALANCE .00
23/09 230059 03/02/23 API B 2002 10,000.00 10,000.00
23/10 230163 04/13/23 API B 2139 1,621.24 11,621.24
LEDGER BALANCES --- DEBITS: 11,621.24 CREDITS: .00 NET: 11,621.24
151 29320 Budgetary FB Unreserved
SOY BALANCE .00
23/01 230488 07/01/22 BUC 2023 B 1,801,860.27 1,801,860.27
LEDGER BALANCES --- DEBITS: 1,801,860.27 CREDITS: .00 NET: 1,801,860.27
Library Board of Trustees, May 3, 2023, pg. 12
City of Palm Springs, CA
ACCOUNT DETAIL HISTORY FOR 2023 00 TO 2023 13
Report generated: 04/26/2023 07:55
User: JeannieK
Program ID: glacthst
Page 3
ORG OBJECT PROJ NET LEDGER NET BUDGET
YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE
151 29330 Appropriations
SOY BALANCE .00
23/01 230488 07/01/22 BUC 2023 B -1,801,860.27 -1,801,860.27
LEDGER BALANCES --- DEBITS: .00 CREDITS: -1,801,860.27 NET: -1,801,860.27
151 29335 Encumbrance Control
SOY BALANCE .00
23/02 230262 08/31/22 POE 10,000.00 10,000.00
23/03 230523 09/30/22 POE 10,000.00 20,000.00
23/09 230059 03/02/23 POL B 2002 -10,000.00 10,000.00
23/10 230163 04/13/23 POL B 2139 -1,621.24 8,378.76
LEDGER BALANCES --- DEBITS: 20,000.00 CREDITS: -11,621.24 NET: 8,378.76
151 29345 Budgetary FB Reserve for Encum
SOY BALANCE .00
23/02 230262 08/31/22 POE -10,000.00 -10,000.00
23/03 230523 09/30/22 POE -10,000.00 -20,000.00
23/09 230059 03/02/23 POL B 2002 10,000.00 -10,000.00
23/10 230163 04/13/23 POL B 2139 1,621.24 -8,378.76
LEDGER BALANCES --- DEBITS: 11,621.24 CREDITS: -20,000.00 NET: -8,378.76
151 36000 Interest Income
REVISED BUDGET .00
23/04 230558 10/31/22 GEN Q1 INT Q1 INT ALL Q1 INT ALLOC -6,825.49 -6,825.49
23/05 230647 11/30/22 GNI 2,278.92 -4,546.57
23/06 230648 12/31/22 GEN Q2 INT Q2 INT ALL Q2 INT ALLOC -5,323.23 -9,869.80
23/09 230742 03/31/23 GEN Q3 INT Q3 INT ALL Q3 INT ALLOC -8,532.12 -18,401.92
LEDGER BALANCES --- DEBITS: 2,278.92 CREDITS: -20,680.84 NET: -18,401.92
151 37015 Contrib Non-Govt Sources
REVISED BUDGET .00
23/05 230370 11/15/22 CRP 10110 63876 TRUST FUND -800.00 -800.00
23/06 230119 12/05/22 CRP 10110 65815 TRUST FUND -50.00 -850.00
LEDGER BALANCES --- DEBITS: .00 CREDITS: -850.00 NET: -850.00
Library Board of Trustees, May 3, 2023, pg. 13
City of Palm Springs, CA
ACCOUNT DETAIL HISTORY FOR 2023 00 TO 2023 13
Report generated: 04/26/2023 07:55
User: JeannieK
Program ID: glacthst
Page 4
ORG OBJECT PROJ NET LEDGER NET BUDGET
YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE
151 37505 Unrestricted Donations
REVISED BUDGET .00
23/01 230109 07/11/22 CRP 10110 48655 -225.00 -225.00
23/01 230109 07/11/22 CRP 10110 48655 -20.00 -245.00
23/01 230109 07/11/22 CRP 10110 48662 -35.00 -280.00
23/01 230109 07/11/22 CRP 10110 48672 -68.50 -348.50
23/01 230109 07/11/22 CRP 10110 48672 -1.50 -350.00
23/01 230109 07/11/22 CRP 10110 48676 -140.00 -490.00
23/02 230304 08/15/22 CRP 10110 53489 -1.00 -491.00
23/04 230491 10/25/22 CRP 10110 61181 0669306867 -203.00 -694.00
23/04 230556 10/25/22 GEN 203.00 -491.00
23/05 230627 11/29/22 CRP 10110 65280 #66306858 -61.00 -552.00
23/05 230642 11/30/22 GEN 490.00 -62.00
23/06 230253 12/08/22 CRP 10110 66327 TO JOJDHUC -250.00 -312.00
23/06 230586 12/08/22 GEN 250.00 -62.00
23/09 230432 03/13/23 CRP 10110 75955 -173.00 -235.00
LEDGER BALANCES --- DEBITS: 943.00 CREDITS: -1,178.00 NET: -235.00
1514010 50202 Trust Fund Books
REVISED BUDGET 84,157.17
23/09 230059 03/02/23 API 101742 23000378 31452 2008977 10,000.00 10,000.00
23/10 230163 04/13/23 API 100128 23000205 33715 2009594 1,621.24 11,621.24
LEDGER BALANCES --- DEBITS: 11,621.24 CREDITS: .00 NET: 11,621.24
GRAND TOTAL --- DEBITS: 3,717,248.61 CREDITS: -3,725,114.29 NET: -7,865.68
89 Records printed
** END OF REPORT - Generated by Jeannie Kays **
Library Board of Trustees, May 3, 2023, pg. 14
ALL LIBRARY EXPENDITURE ACCOUNTS
APRIL 26, 2023
Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used
1514010 50005 Training Travel and Dues 3,750.00 0.00 0.00 3,750.00 0.00
1514010 50035 Materials and Supplies 52.81 0.00 0.00 52.81 0.00
1514010 50201 Future Library Projects 1,527,234.55 0.00 0.00 1,527,234.55 0.00
1514010 50202 Trust Fund Books 84,157.17 11,621.24 8,378.76 64,157.17 23.77
1514010 50203 Kropitzer Trust Donation 186,665.74 0.00 0.00 186,665.74 0.00
1514010 50208 Library Renovation 0.00 0.00 0.00 0.00 0.00
Unallocated Funds -19,178.93 -19,178.93
TOTALS 1,782,681.34 11,621.24 8,378.76 1,762,681.34
LIBRARY TRUST FUNDS
Library Board of Trustees, May 3, 2023, pg. 15
ALL LIBRARY EXPENDITURE ACCOUNTS
APRIL 26, 2023
Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used
1004000 40000 Salaries Full Time 1,232,760.00 806,482.82 0.00 426,277.18 65.42
1004000 40002 Salaries Overtime 1,768.00 2,726.00 0.00 -958.00 154.19
1004000 40010 Leave Payoffs 16,272.00 8,553.55 0.00 7,718.45 52.57
1004000 40020 Fringe Benefits 341,066.00 148,942.37 0.00 192,123.63 43.67
1004000 40045 Medical Insurance Withdrawal 0.00 6,000.00 0.00 -6,000.00 0.00
1004000 40050 RHS Health Benefit 18,300.00 9,050.00 0.00 9,250.00 49.45
1004000 40055 PERS Retirement Cost 460,815.00 305,604.65 0.00 155,210.35 66.32
1004000 40060 PERS - POB 38,028.00 28,521.00 0.00 9,507.00 75.00
1004000 40065 Workers' Compensation 55,742.00 41,806.50 0.00 13,935.50 75.00
1004000 40095 Medicare Insurance 17,723.00 12,209.02 0.00 5,513.98 68.89
1004000 40100 Retiree Health Benefit 136,617.00 102,462.75 0.00 34,154.25 75.00
1004000 40105 Contractual Services 37,000.00 42,748.24 0.00 -5,748.24 115.54
1004000 50005 Training Travel and Dues 14,000.00 1,942.25 0.00 12,057.75 13.87
1004000 50030 Gas and Lubrications 5,000.00 4,731.21 0.00 268.79 94.62
1004000 50031 Communications 19,483.35 10,176.16 0.00 9,307.19 52.23
1004000 50035 Materials and Supplies 399,425.00 237,644.34 107,119.25 54,661.41 86.31
1004000 50055 Insurance 121,454.00 91,090.50 0.00 30,363.50 75.00
1004000 50105 Repairs and Maint General 26,369.42 16,000.26 0.00 10,369.16 60.68
1004000 50117 IT Replacement 0.00 0.00 0.00 0.00 0.00
1004000 50120 Facilities Maintenance Service 183,378.00 137,533.50 0.00 45,844.50 75.00
1004000 50126 Grants 34,213.80 11,457.20 18,618.05 4,138.55 87.90
1004000 50135 Administrative Benefits 13,282.44 9,961.50 0.00 3,320.94 75.00
1004000 50140 Printing 18,000.00 6,363.01 0.00 11,636.99 35.35
1004000 50145 Advertising 8,900.00 2,124.00 1,800.00 4,976.00 44.09
1004000 50200 Friends of the Library 19,379.69 17,067.19 0.00 2,312.50 88.07
TOTALS 3,218,976.70 2,061,198.02 127,537.30 1,030,241.38
Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used
1004005 40105 Contractual Services 107,177.00 0.00 0.00 107,177.00 0.00
1004005 50015 Electricity 30,000.00 20,972.63 0.00 9,027.37 69.91
1004005 50020 Water 2,500.00 859.88 0.00 1,640.12 34.40
1004005 50030 Gas and Lubrications 5,000.00 0.00 0.00 5,000.00 0.00
1004005 50031 Communications 16,000.00 0.00 0.00 16,000.00 0.00
1004005 50038 Welwood Operations 29,060.00 10,078.76 500.00 18,481.24 36.40
TOTALS 189,737.00 31,911.27 500.00 157,325.73
MAIN LIBRARY
WELWOOD MURRAY MEMORIAL LIBRARY
Library Board of Trustees, May 3, 2023, pg. 16
LIBRARY STATISTICS 2023 2022 %CHANGE
MATERIALS CHECKED OUT 30,234 27,333 11%
Print 15,843 13,274 19%
Media 9,538 8,590 11%
Electronics 35 39 -10%
Downloads & In-house 4,818 5,430 -11%
LIBRARY CARD REGISTRATIONS 255 238 7%
Palm Springs Resident 127 111 14%
California Resident 86 98 -12%
Out of State 42 29 45%
DOOR COUNT 12,769 9,445 35%
DOOR COUNT (WMML)3,099 3,151 -2%
COMPUTER SESSIONS 1,674 1,585 6%
COMPUTER SESSIONS (WMML)3,099 246 22%
WiFi SESSIONS 2,076 1,157 79%
WiFi SESSIONS (WMML)118 146 -19%
PASSPORTS PROCESSED 79 86 -8%
PROGRAMMING
PRESCHOOL
In Person Programs 4 10 -60%
Attendance 92 79 16%
Self- Directed Programs 0 0 -
Self- Directed Completed 0 0 -
SCHOOL AGE
Programs 5 1 400%
Attendance 140 39 259%
Self- Directed Programs 2 0 -
Self- Directed Completed 150 0 -
FAMILY
Programs 0 0 -
Attendance 0 0 -
TEEN
Programs 11 8 38%
Attendance 53 31 71%
Self- Directed Programs 0 2 -
Self- Directed Completed 0 35 -
ADULT
Programs 20 3 567%
Attendance 210 35 500%
Virtual Programs 3 7 -
Virtual Attendance 12 90 -
Self- Directed Programs 0 0 -
Self- Directed Completed 0 0 -
TOTAL
Programs 40 22 82%
Attendance 495 184 169%
Self- Directed Programs 3 0 -
Self- Directed Completed 12 90 -
Virtual Programs 2 2 -
Virtual Attendance 150 35 -
March 2023 vs. March 2022
Library Board of Trustees, May 3, 2023, pg. 17
DATE DONOR AMOUNT DESIGNATION
8/15/2022 ANONYMOUS DONATION 1.00$
11/14/2022 BARBARA ROSENBERG 800.00$
12/1/2022 JANICE FULLER & DELORES BITTERMAN 50.00$
TOTAL 851.00$
PALM SPRINGS PUBLIC LIBRARY
2022-23 DONATIONS
LAST UPDATED APRIL 26, 2023
Library Board of Trustees, May 3, 2023, pg. 18
55575.18200\40893611.7
1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION
AND
THE CITY OF PALM SPRINGS
This Memorandum of Understanding (“MOU”), by and between the City of Palm Springs
(the “City”), and the Palm Springs Public Library Foundation (the “Foundation”), and together
known as the “Parties,” establishes a framework for a sustainable partnership between the Parties
in order for mutual support to continue and prosper. This MOU shall be effective on the date
(“Effective Date”) that it is signed by both Parties, following any legally required approval by the
governing bodies of the Parties.
RECITALS
WHEREAS, the City is a charter city and California municipal corporation;
WHEREAS, the Palm Springs Library Board of Trustees (“Board”) reviews and amends
library policy, reviews progress reports, discusses immediate and long-range library planning,
prepares an annual budget, prepares an annual report for the City Council and State Library, and
administers the Library Trust Fund;
WHEREAS, the Foundation was established as a nonprofit public benefit corporation in the
State of California on June 3, 2014;
WHEREAS, the Foundation was created to engage in the solicitation, receipt, and
administration of funds and property, and from time to time, to disburse such funds, property and
the income thereof to, or for the benefit of, the Palm Springs Public Library system;
WHEREAS, the Foundation intends to solicit donations for the Palm Springs Public Library
system from individuals, organizations and corporations and recommend to the City that the Palm
Springs Public Library system amenities be named for specific donors depending on the amount
donated;
WHEREAS, the Parties desire to enter this MOU to clearly delineate the responsibilities of
the Parties to each other in accomplishing the purposes stated herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, both Parties agree as follows:
Library Board of Trustees, May 3, 2023, pg. 19
55575.18200\40893611.7
2
I. OBLIGATIONS OF THE CITY
a. Governance/Administration
i. Authorize the Foundation to use the name, likeness and logo of the City
and the Palm Springs Public Library when deemed appropriate by the
Director of Library Services, or his or her designee.
ii. Prior to any use of the Foundation’s logo the City shall receive approval of
the President of the Foundation.
iii. Recognize the Foundation as a legally separate, independent entity with
its own governing body.
b. Coordination
i. Provide support for mutually agreed upon Foundation programs, budgets,
projects, fundraising activities, and/or reports.
ii. Provide staff consulting and technical assistance for mutually agreed
upon improvement programs and projects whenever possible.
iii. Assist the Foundation’s coordination with other agencies, as needed.
iv. Hold a regular meeting, at a minimum annually, between the City and the
Foundation to discuss matters mutually agreed upon between the City and
the Foundation.
v. The Director of Library Services shall be the primary contact on behalf of
the City.
c. Maintenance Standards
i. Except as may be set forth in one or more Facility Use Agreements, the City
shall be solely responsible for maintaining all Palm Springs Public Library
system facilities in good condition, substantial repair, in a safe, clean and
sanitary condition, and in compliance with all rules, regulations, ordinances,
or laws.
d. Finances
i. Any funds provided to the City under this MOU shall be used to support the
construction, operation, maintenance, and improvement of the Palm Springs
Public Library system.
ii. Upon receiving any funds pursuant to II.c.iii., determine whether any such
funds are funds contributed to the Foundation from the Library Trust Funds
and return any such funds to the appropriate Library Trust Fund account(s).
e. Services Offered to the Foundation
i. Provide space at Palm Springs Public Library system facilities, as well as
program and maintenance support for activities and other Palm Springs
Public Library system improvement projects, to include meeting, program,
Library Board of Trustees, May 3, 2023, pg. 20
55575.18200\40893611.7
3
fundraising, and event space at mutually agreed upon times at the Palm
Springs Public Library system facilities. To the extent that a Palm Springs
Public Library system facility is used, either by the Foundation itself (i.e.,
for meetings or events), or by third parties (i.e., for fundraising events), any
such use shall be subject to a Facility Use Agreement, in a form approved
by the City Attorney and City Manager.
ii. Promote the Foundation’s presence and programs, as permitted.
iii. Publicly recognize the work, contributions, services, and/or donations
received directly or indirectly from the Foundation.
iv. The City will coordinate with the Foundation to erect and/or install signage
and other Library Elements (as defined in Section III.a, below) at Palm
Springs Public Library system facilities. The approval, permitting and
display of such signage shall be subject to the City’s laws and regulations.
The Foundation will pay for the signage and the City shall provide
personnel to assist in erecting and/or installing the signage at the Palm
Springs Public Library system facilities. Notwithstanding the foregoing, for
electronic signage, the City shall pay for, maintain, and update such
electronic signage for Palm Springs Public Library events and for donor
recognition.
viii. Contributions. The Board may, in its sole and absolute discretion, disburse
funds to the Foundation to assist the Foundation in its fundraising efforts
for the benefit of the Palm Springs Public Library system. The Board shall
consider contribution requests made in accordance with Section II.d below.
II. OBLIGATIONS OF THE FOUNDATION
a. Governance/Administration
i. Register with the Internal Revenue Service (IRS) and California Franchise
Tax Board (FTB) as a non-profit organization, and maintain such status.
ii. Meet federal, state and local charitable solicitation requirements, if the
Foundation solicits funds.
iii. Obtain and maintain any necessary permits, licenses, special insurance,
equipment, and inspections for Foundation programs, activities, or events
and pay associated costs or fees, if any.
iv. Authorize the City to use the logo of the Foundation to promote the Foundation
and its activities when deemed appropriate by the President of the Foundation.
v. Prior to any use of the name, likeness and logo of the City and the Palm Springs
Public Library the Foundation shall receive approval of the Director of Library
Services, or his or her designee.
b. Coordination
i. Work with the Director of Library Services or his or her designee and the
Board to coordinate on Foundation plans, programs, needs, and projects.
Library Board of Trustees, May 3, 2023, pg. 21
55575.18200\40893611.7
4
ii. Coordinate fundraising activities on Palm Springs Public Library system
facilities with Palm Springs Public Library staff.
iii. The Foundation shall provide semi-annual reports to the Director of Library
Services showing all donations, disbursements and other expenditures, and
funds held. Moreover, the report shall list the number of fundraising events
held, and the amount of money raised from each event. These reports shall
be provided to the Director of Library Services on February 1 and August 1
of each year. The Foundation shall provide any financial records requested
by the City within thirty (30) days following such request.
c. Finances
i. Comply with all IRS and FTB non-profit requirements to remain in good
standing.
ii. Donate specific, individual donations for the purchase and/or design and
construction of Palm Spring Public Library system facility features, as set
forth in Section IV, below.
iii. Upon dissolution, return any and all funds donated to the Foundation for
the benefit of the Palm Springs Public Library system to the City, in
accordance with Article IX of the Articles of Incorporation of the Palm
Springs Public Library Foundation.
d. Contribution Requests
i. The Foundation may submit contribution requests to the Board for the
following expenses: fundraising events and efforts, fundraising data
collection tools (including software or databases), personnel salaries for the
Foundation’s Executive Director or other fundraising/administrative staff,
program support for new or ongoing programs and services at the Palm
Springs Public Library, costs for capital or awareness campaigns, and other
expenses to directly support activities that either support or raise funds for
the Palm Springs Public Library.
ii. The Foundation shall not submit any contribution requests to the Board for
the following expenses: memberships, and travel or meal expenses
(including expenses for alcohol).
iii. Each contribution request submitted to the Board shall include the
following items/information in order to be considered by the Board:
1. The amount of the contribution sought;
2. A description of the activity, services, or goods that the
contribution will be used for;
3. A specific budget demonstrating how the contribution will be
allocated; and
4. A description of the forecasted or anticipated outcome of the
activity, services, or goods for which the contribution will be used.
Library Board of Trustees, May 3, 2023, pg. 22
55575.18200\40893611.7
5
III. NAMING RIGHTS FOR THE LIBRARY AND ITS ELEMENTS
a. Right to Issue Naming Rights. The Parties acknowledge and agree that the
Foundation will be better able to support the renovation and continued operation and long-term
maintenance of the Palm Springs Public Library system if it is able to raise funds through the
issuance of naming rights for the Palm Springs Public Library and its component parts (“Naming
Rights Opportunities”). Examples of potential Naming Rights Opportunities include, but are not
limited to, the Library itself, the lobby, rooms, other facilities, and improvements, (the “Library
Elements”). To the extent permitted by law, and subject to the City’s prior approval, as set forth
in Section III.c, the Foundation shall have the right to issue Naming Rights Opportunities to the
Palm Springs Public Library and the Library Elements.
b. Term of Naming Right. The name will be affiliated with the Library Element for
the applicable Naming Rights Term depending on the amount donated, as follows:
Amount Donated Naming Rights Term
Less than $5,000 1 years
$5,001 to $10,000 5 years
$10,001 to $50,000 10 years
$50,001 to $100,000 15 years
$100,001 or More 20 years
c. Termination of Naming Right. Notwithstanding the specified Naming Rights
Term, if the Library Element must be replaced or substantially repaired, it may be renamed
for a new donor. The Naming Rights Opportunity may additionally be terminated under
the following circumstances:
i. The Foundation and the City shall each individually retain the right to
rescind the naming rights if, in their sole discretion, it is determined that (i) a
previously-approved name has become inappropriate due to subsequent criminal
acts or acts of moral turpitude of the donor or the person or entity honored by the
issuance of the naming rights, (ii) a donor has failed to meet its financial obligations
relating to a pledged donation, or (iii) any other factor relating to the donor, the
honoree, or the donation has arisen that would discredit the Foundation, the Palm
Springs Public Library, or the City and/or is contrary to the City’s interests.
d. The City’s Prior Approval. The City shall retain all control over location, size,
type, and amount of all Naming Rights Opportunities, and any in-kind donation. Prior to issuing
any Naming Rights Opportunity, the Foundation shall obtain the City’s written approval of the
Naming Rights Opportunity, including as applicable, the proposed location, size, type of
opportunity, any required signage/installation, expected donation amount, value of in-kind
Library Board of Trustees, May 3, 2023, pg. 23
55575.18200\40893611.7
6
donation, and the donor’s name. The City shall have thirty (30) calendar days to review and
approve or deny any proposed Naming Rights Opportunity.
i. The Director of Library Services has the authority to approve or disapprove
a proposed Naming Rights Opportunity up to $25,000.
ii. The City’s City Manager has the authority to approve or disapprove a
proposed Naming Rights Opportunity in excess of $25,000 up to $100,000.
iii. Naming Rights Opportunities in excess of $100,000 shall require specific
approval by the City’s City Council.
iv. The Foundation shall not be required to obtain City approval for dedication
plaques, engraved tiles or bricks or donor walls in locations approved by the City
in its sole and absolute discretion. Such features shall be consistent with the design
and functionality of the Palm Springs Public Library.
e. Proceeds from Naming Rights. Other than reasonable Foundation operating
expenses, the Foundation will use all donations it receives for the benefit of the Palm Springs
Public Library system, including the restoration, operation (including programs and services),
maintenance, and improvement of the Palm Springs Public Library System. The Foundation shall
provide City the proceeds from the Naming Rights within thirty (30) days of receipt from donor.
If the Foundation determines operating expenses are necessary to be retained from the donation,
the Foundation shall provide the Director of Library Services documentation of the expense and
justification for retaining the operating expense. If the Director of Library Services does not agree
to the retaining of the operating expense, a hearing shall be held before the Board to determine if
the operating expense is justified. If the Board determines the operating expense is not justified,
the Foundation shall return the withheld proceeds of the donation to the City within thirty (30)
days from the Board hearing.
f. Costs. Any direct costs incurred in connection with the issuance of Naming Rights
Opportunities shall be assumed and paid entirely by the Foundation or by donors. As further
described below, this includes, without limitation, the cost of signage, plaques, name plates,
changes in lighting, and the like, and the cost of any marketing materials or events required to
identify and engage prospective donors. The Foundation shall be responsible for repairing any
damage to any signage, plaques, or name plates. The City shall not be obligated to replace any
Library Element or signage, plaque, or name plate that is damaged or destroyed. Any donor with
naming rights to the damaged Library Element shall be honored in an alternative method at the
sole discretion of the Director of Library Services.
g. No Property Interest. Notwithstanding any provision of this MOU, the Parties do
not intend to convey any ownership or other interest in the Palm Springs Public Library and
nothing in this MOU or any donation agreement shall be construed or interpreted as a grant of
easement or any other interest in any property, including any portion of any Palm Springs Public
Library system facility. If this MOU or any provisions of this MOU are construed or interpreted
by a court of competent jurisdiction as conveying an interest in real property among the Parties,
Library Board of Trustees, May 3, 2023, pg. 24
55575.18200\40893611.7
7
this MOU shall immediately become of no further force or effect, without notice to or action by
any Party.
IV. DONATIONS TO FUND LIBRARY ELEMENTS
a. It is understood that the Foundation shall have the right to solicit donations that are
designated by an individual donor (the “Specific Donation”). The Specific Donation can be
designated by the individual donor toward the Foundation’s endowment or for use towards the
purchase and/or design and construction of the Palm Springs Public Library, or the construction
and installation of any Library Element. The individual donors and any conditions attached to the
Specific Donation shall be consistent with the goals, values and objectives of the City and the
Foundation and the design and functionality of the Palm Springs Public Library system facility for
which the Specific Donation was made.
V. INSURANCE
The Foundation shall obtain and maintain insurance coverage in amounts and of the types
(i.e. general liability and directors and officers) as required by the City’s Risk Manager, based on
the Foundation’s structure and activities.
VI. AMENDMENT, RENEWAL AND TERMINATION
a. The term of this MOU shall commence on the Effective Date and, unless sooner
terminated by written agreement of the Parties, shall end on the expiration of ten
(10) years following the Effective Date (“the Expiration Date”). Either Party may
renew this MOU for an additional period of ten (10) years to commence upon the
Expiration Date. To exercise this option to renew, a Party must deliver to the other
Party a written notice of its exercise of the option to renew at least sixty (60) days
prior to the Expiration Date.
b. Any modifications, assignments, alterations, or extensions must be in writing,
signed, and approved by both Parties.
c. This MOU may be terminated by either Party upon 30 days written notice.
d. Distribution of Proceeds Upon Expiration of the Term or Termination. At the
Board’s sole and absolute discretion, any loan made to the Foundation by the Board
may become automatically due and payable upon termination or upon expiration of
the Term.
VII. INDEMNITY
a. Each Party agrees to indemnify, defend, and hold harmless the other Party, its
officers, agents and employees from any and all liabilities, claims, or losses of any
nature, including reasonable attorneys’ fees and costs of suit, to the extent caused
by, arising out of, or in connection with, the indemnifying Party’s negligent or
Library Board of Trustees, May 3, 2023, pg. 25
55575.18200\40893611.7
8
wrongful acts or omissions arising from its respective activities pursuant to this
MOU.
VIII. DISPUTE RESOLUTION
a. The Parties agree to work together in good faith to resolve disagreements that may
arise under this MOU. Should such a disagreement arise, the Parties having
authority to resolve the dispute will meet and negotiate in good faith toward a
mutually satisfactory solution. If any disagreement cannot be resolved through such
negotiations, the Parties will consider other alternative dispute resolution processes
upon which they may later agree. However, if at any time a Party determines that
circumstances so warrant, such Party may seek any available remedy without
waiting to complete the informal meet and confer process.
IX. GENERAL PROVISIONS
a. Assignment. Neither Party may assign or transfer all or any portion of its rights or
obligations under this MOU to any third party, without obtaining the prior written consent of the
other Party, which consent shall not be unreasonably withheld. Any purported assignment, without
the other Party’s prior written consent, shall be void.
b. Binding Effect. This MOU shall be binding on all heirs, successors and assigns of
the Foundation and the City.
c. Entire Agreement. This MOU contains the entire agreement and understanding of
the Parties on this subject. The City and the Foundation understand, acknowledge and agree that
no Party, or any agent or attorney for any Party, has made any promise, representation or warranty
of any kind whatsoever, express or implied, not contained herein to induce the execution of this
MOU. The City and the Foundation understand, acknowledge and agree that this MOU has not
been executed in reliance upon any promise, representation, or warranty not contained herein.
d. Applicable Law. This MOU and all rights and obligations arising out of it shall be
construed in accordance with the laws of the State of California. Any legal or administrative action
arising out of this MOU shall be conducted in Riverside County, California.
e. Warranty of Authority. The persons executing this MOU on behalf of the City and
the Foundation represent and warrant that they are duly authorized to execute this MOU and to
bind their respective Party to all terms and conditions of this MOU.
f. Severability. If any section, subsection, sentence, clause or phrase of this MOU, or
the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the
validity of the remainder of the MOU shall not be affected thereby and may be enforced by the
Parties to this MOU.
g. Notices. All notices, demands and communications between the City and the
Foundation shall be in writing and shall be given by personal delivery, registered mail (return
receipt requested, with postage prepaid), Federal Express, electronic mail, or any other reliable
private express delivery service to the following addresses:
Library Board of Trustees, May 3, 2023, pg. 26
55575.18200\40893611.7
9
City of Palm Springs Palm Springs Public Library Foundation
3200 E. Tahquitz Canyon Way 300 S. Sunrise Way
Palm Springs, CA 92262 Palm Springs, CA 92262
Attn: City Manager Attn: President
The foregoing names, addresses may be changed at any time by written notice, as provided above.
h. Interpretation. This MOU has been prepared jointly by the Parties, with full access
to legal counsel of their own. No ambiguity shall be resolved against any Party on the premise
that it or its attorneys were solely responsible for drafting this MOU or any provision thereof.
i. Counterparts. This MOU may be executed electronically, and in one or more
counterparts, each of which shall constitute an original.
IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the Effective Date.
[Signatures on the following page.]
Library Board of Trustees, May 3, 2023, pg. 27
55575.18200\40893611.7
10
SIGNATURE PAGE
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION
AND
THE CITY OF PALM SPRINGS
PALM SPRINGS PUBLIC LIBRARY
FOUNDATION
CITY OF PALM SPRINGS
By: ___________________________
David Sidley, President
Date: ___________________
By: ___________________________
Scott C. Stiles City Manager
Date: ___________________
By: ___________________________
Serena Leiterman, Secretary
Date: ___________________
ATTEST:
By: ___________________________
Brenda F. Pree, MMC, CERA, City
Clerk
APPROVED AS TO FORM:
By: ___________________________
Jeffrey S. Ballinger
City Attorney
Library Board of Trustees, May 3, 2023, pg. 28
CITY OF PALM SPRINGS, CA
PROCUREMENT AND CONTRACTING DEPARTMENT
REQUEST FOR QUALIFICATIONS 28-23
PALM SPRINGS PUBLIC LIBRARY
RENOVATION DESIGN SERVICES
ISSUED: APRIL 3, 2023
Library Board of Trustees, May 3, 2023, pg. 29
TABLE OF CONTENTS
SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS .............................................. 1
1.1 Request for Statement of Qualifications ................................................................... 1
1.2 Term ......................................................................................................................... 1
1.3 Schedule .................................................................................................................. 1
1.4 Procurement Officer and Delivery Address: .............................................................. 1
SECTION 2 – INSTRUCTIONS TO RESPONDERS ............................................................... 2
2.1 Obtaining RFQ Documents and Addenda: ................................................................ 2
2.2 Pre-Qualification Conference: ................................................................................... 2
2.3 Responder’s Minimum Requirements: ...................................................................... 2
2.4 Submission of Statements of qualifications: .............................................................. 3
SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 4
3.1 Request for Clarifications/Questions: ........................................................................ 4
3.2 Responders Ethical Behavior: .................................................................................. 4
3.3 Statements of Qualifications to Remain Open: ......................................................... 4
3.4 Right to Accept or Reject Statements of Qualifications: ............................................ 4
3.5 Responsibility of Responder: .................................................................................... 4
3.6 Insurance: ................................................................................................................ 4
3.7 Public Record: .......................................................................................................... 4
3.8 Cost Related to Statement of Qualifications Preparation: ......................................... 5
3.9 Compliance with Law:............................................................................................... 5
3.10 Licenses, Permits, Fees and Assessments: ............................................................. 5
3.11 Investigations: .......................................................................................................... 6
3.12 Non-Collusion: .......................................................................................................... 6
3.13 Other Public Agency “Piggyback Clause”: ................................................................ 6
3.14 Signed Statement of Qualifications and Exceptions: ................................................. 6
3.15 Award of Contract: .................................................................................................... 6
3.16 Form of Agreement: ................................................................................................. 7
SECTION 4 – SCOPE OF WORK ........................................................................................... 9
4.1 Background: ............................................................................................................. 9
4.2 Scope: The general scope of work for the design services is as follows: ................. 9
4.3 Deliverables: ...........................................................................................................14
4.4 Schedule: ................................................................................................................14
4.5 Compensation: ........................................................................................................14
SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND ORGANIZATION ...........15
5.1 Statement of Qualifications Requirements: ..............................................................15
5.2 Statement of Qualifications Format: .........................................................................15
5.3 Statement of Qualifications Content: .......................................................................15
5.4 Submission of Statement of Qualifications: ..............................................................17
SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION........................................18
6.1 Evaluation of Statements of Qualifications: ..............................................................18
6.2 Selection Process and Award of Contract: ...............................................................18
SECTION 7 – RFQ FORMS ...................................................................................................20
SECTION 8 – SAMPLE AGREEMENT ................................................................................... 1
Library Board of Trustees, May 3, 2023, pg. 30
Page 1 of 20
SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS
1.1 Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to
provide the City with design and construction administration services for the renovation
of the Palm Springs Public Library. The scope of work will consist of the renovation of
the public library and an adjacent JC Frey building that includes critical infrastructure and
building improvements.
1.2 Term
The term of this contract will be for three years.
1.3 Schedule
The following is the schedule for this procurement:
Activity Due/Time
Request for Qualifications Issued April 3, 2023
Pre-Qualification Conference April 11, 2023 @ 9:00 am PST
Requests for Clarifications from Responders
are due April 19, 2023 @ 5:00 pm PST
Responses to Requests for Clarification will
be posted via Addendum April 26, 2023
Statements of Qualifications are Due May 3, 2023 @ 2:00 pm PST
Interviews May 24, 2023
Ranking of Firms May 29, 2023
Fee Negotiations June 15, 2023
Projected Date for Award of Contract/ PO July 2023
1.4 Procurement Officer and Delivery Address:
Kim Baker
City of Palm Springs – Procurement and Contracting Department
City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: kim.baker@palmspringsca.gov
Library Board of Trustees, May 3, 2023, pg. 31
Page 2 of 20
SECTION 2 – INSTRUCTIONS TO RESPONDERS
2.1 Obtaining RFQ Documents and Addenda:
RFQ documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home
Responders will then need to log in and locate this RFQ for all related documents. It is
the Responders responsibility to check the PlanetBids site regularly to stay current on
the documents that are available as this is the primary communication site for this RFQ.
2.2 Pre-Qualification Conference:
A Pre-Qualification Conference will be held as follows:
Date: Tuesday, April 11, 2023
Time: 9:00 am PST
Location: Virtually - Interested participants who wish to participate in the Prequalification
conference by either requesting a link to attend via email to:
kim.baker@palmspringsca.gov or by following the directions below:
Microsoft Teams meeting
Join on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 288 678 351 545
Passcode: zvM4VH
Download Teams | Join on the web
Or call in (audio only)
+1 872-239-6004,,779733047# United States, Chicago
Phone Conference ID: 779 733 047#
Find a local number | Reset PIN
Learn More | Meeting options
All Responders are highly encouraged to attend this conference to learn more about the
requirements of this solicitation.
2.3 Responder’s Minimum Requirements:
A. Experience: The Responder must have completed at least three library design
projects that are similar and size and scope to the renovation of the Palm Springs
Library. Responders shall outline this experience in their statement of qualifications.
B. Knowledge: The Responder must have knowledge of library functions and
operations. Responders shall outline this knowledge in their statement of
qualifications and provide successful examples of working on similar library projects.
C. Professional Licenses: Responders shall have all required professional licenses to
perform the design services and shall outline the possession of these licenses in the
statement of qualifications.
Library Board of Trustees, May 3, 2023, pg. 32
Page 3 of 20
D. Business License: The selected firm will be required to be licensed in accordance
with the City of Palm Springs Business License Ordinance, Municipal Code Chapter
3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after
award but must do so promptly as the license will be routed with the contract for final
signature.
2.4 Submission of Statements of qualifications:
A. Requests for Qualifications will be electronically received via the link provided in this
RFQ by the Procurement and Contracting Department until the time specified in
the schedule below. The receiving time date stamp in the electronic file database
will be the governing time for acceptability of Statements of qualifications. Paper
statements of qualifications, or statements of qualifications sent by any other means,
or to any other electronic file or email address other than the link provided in this
RFQ will not be accepted. Late statements of qualifications will not be accepted by
the electronic system. Failure to register as a Responder to this RFQ process per
the instructions in the Notice Inviting Requests for Qualifications (under “Obtaining
RFQ Documents”) may result in not receiving Addenda or other important
information pertaining to this process. Failure to acknowledge Addenda may render
a statement of qualifications as being non-responsive or negatively impact the
evaluation of a statement of qualifications. Statement of Qualification files shall
be clearly labeled per the instructions provided and submitted electronically.
Library Board of Trustees, May 3, 2023, pg. 33
Page 4 of 20
SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT
3.1 Request for Clarifications/Questions:
A. Questions are to be submitted through PlanetBids vendor portal at the following
link: https://pbsystem.planetbids.com/portal/47688/portal-home and then
selecting the RFQ.
B. Interpretations or clarifications considered necessary in response to such
questions will be resolved by the issuance of formal Addenda to the RFQ. The
deadline for all questions is as outlined in the schedule. Questions received
after this date and time may not be answered. Only questions that have been
resolved by formal written Addenda via the Division of Procurement and
Contracting will be binding. Oral and other interpretations or clarifications will be
without legal or contractual effect.
3.2 Responders Ethical Behavior:
Responders, their representatives, agents, or anyone else acting on their behalf are
specifically directed not to contact any city employee, commission member,
committee member, council member, or other agency employee or associate for
any purpose related to this RFQ other than as directed below. Contact with anyone
other than as directed below will be cause for rejection of a statement of
qualifications.
3.3 Statements of Qualifications to Remain Open:
The Responder shall guarantee that all contents of their statement of qualifications
shall be valid for a period of 120 calendar days from the due date of statements of
qualifications.
3.4 Right to Accept or Reject Statements of Qualifications:
The City of Palm Springs reserves the right to waive any informality or technical
defect in a statement of qualifications and to accept or reject, in whole or in part,
any or all statements of qualifications and to cancel all or part of this RFQ and seek
new statements of qualifications, as best serves the interests of the City. The City
furthermore reserves the right to contract separately with others certain tasks if
deemed in the best interest of the City.
3.5 Responsibility of Responder:
All firms responding to this RFQ shall be responsible. If it is found that a firm is
irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFQ
without an authorized signature, falsified any information in the statement of
qualifications package, etc.), the statement of qualifications shall be rejected.
3.6 Insurance:
Insurance provisions are contained in the Standard Contract Services sample
agreement included in the RFQ. The successful Responder will be required to
comply with these provisions. It is recommended that Responders have their
insurance provider review the insurance provisions BEFORE they submit their
statement of qualifications.
3.7 Public Record:
A. All documents submitted in response to this solicitation will become the property
of the City of Palm Springs and are subject to the California Code Section 6250
Library Board of Trustees, May 3, 2023, pg. 34
Page 5 of 20
et seq., commonly known as the Public Records Act. Information contained in
the documents, or any other materials associated with the solicitation, pursuant
to CA Government Code 6255 during the negotiation process, may be made
public after the City’s negotiations are completed, and staff has agendized the
recommendation to the City Council for the award of a contract to a specific firm,
but before final action is taken by the City Council to award the contract.
B. Although the California Public Records Act (“CPRA”) recognizes that certain
confidential trade secret information may be protected from disclosure, the City
may not be in a position to establish that the information submitted in a statement
of qualifications is a trade secret. If a request is made for information marked
“Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the
City will provide the party submitting such information with reasonable notice to
allow the party to seek protection from disclosure by a court of competent
jurisdiction.
C. If a submitting party contends that a portion of the statement of qualifications is
confidential even under the CPRA, the party: 1) must clearly label each
document and/or page deemed a confidential document 2) the legal rationale
supporting such contention including specific references to applicable provisions
of the Public Records laws of the State 3) must actively defend against any
request for disclosure of information which the party has determined should not
be released, and 4) must indemnify and hold harmless the City from any loss,
claim or suit, including attorneys’ fees, brought by a person challenging the City’s
refusal to release the documents. The City will not, under any circumstances,
incur any expenses, or be responsible for any damages or losses incurred by a
party submitting a statement of qualifications or any other person or entity,
because of the release of such information. The City will not return the original or
any copies of the statement of qualifications or other information or documents
submitted to the City as part of this RFQ process. The City may not recognize
statements of qualifications where all the information, via a blanket statement is
submitted as proprietary information or a trade secret. Such statements of
qualifications may be found non-responsive.
3.8 Cost Related to Statement of Qualifications Preparation:
The City will NOT be responsible for any costs incurred by any firm responding to
this RFQ in the preparation of their Statement of Qualifications or participation in
any presentation if requested, or any other aspects of the entire RFQ process.
3.9 Compliance with Law:
Responder 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.
3.10 Licenses, Permits, Fees and Assessments:
Responder represents and warrants to City that it will obtain all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice
its profession and perform the Work and Services requested in this RFQ.
Responder represents and warrants to City that Responder shall, at its sole cost
and expense, keep in effect at all times during the term of the Agreement if so
awarded, any license, permit, qualification, or approval that is legally required for
Responder to perform the Work and Services under the Agreement if so awarded.
Responder shall have the sole obligation to pay for any fees, assessments, and
Library Board of Trustees, May 3, 2023, pg. 35
Page 6 of 20
taxes, plus applicable penalties, and interest, which may be imposed by law and
arise from or are necessary for the Responder’s performance of the Work and
Services required under the Agreement if so awarded. Responder shall indemnify,
defend, and hold harmless City against any such fees, assessments, taxes
penalties, or interest levied, assessed, or imposed against City to the fullest extent
permitted by law.
3.11 Investigations:
The City reserves the right to make such investigations as it deems necessary to
determine the ability of the firms responding to this RFQ to perform the Work and
the firm shall furnish to the City all such information and data for this purpose as the
City may request. The City reserves the right to reject any statement of
qualifications if the evidence submitted by or investigation of such firm fails to satisfy
the City that such firm is properly qualified to carry out the obligations of the
Contract and to complete the Work contemplated therein.
3.12 Non-Collusion:
The undersigned, by submission of this procurement Form, hereby declares that
this statement of qualifications is made without collusion with any other business
making any other statement of qualifications, or which otherwise would make a
statement of qualifications. Responder must execute an Affidavit of Non-Collusion
provided as Attachment “B” in the RFQ and include it with their statement of
qualifications.
3.13 Other Public Agency “Piggyback Clause”:
It is intended that any other public agency, at the mutual consent of both parties and
consistent with the public agency’s policies and procedures, be permitted to
purchase under the terms submitted in response to this procurement. Any
participating agency shall take sole responsibility for the placing of orders, arranging
for delivery and or services, and making payments to the vendor, contractor, or
consultant. The City of Palm Springs will not be liable or responsible for any
obligations, including but not limited to financial responsibility, in connection with the
participation by other public agencies.
3.14 Signed Statement of Qualifications and Exceptions:
Submission of a signed statement of qualifications will be interpreted to mean that
the firm responding to this RFQ has hereby agreed to all the terms and conditions
set forth in all of the sheets which make up this Request for Qualifications, and any
attached sample agreement. Exceptions to any of the language in either the RFQ
documents or attached sample agreement, including the insurance requirements,
must be requested under the request for clarifications/questions process by the
deadline for questions. Any requested changes to the contract will be considered at
that time and if changes are allowed, they will be sent out through an Addendum to
all Responders. Exceptions to the City’s RFQ document or standard boilerplate
language, insurance requirements, terms, or conditions, etc. may only be
considered during the early stage of the solicitation process; and shall not be
included in the submitted statements of qualifications. The City makes no
guarantee that any exceptions will be approved but will consider any requests put
forward in the request for clarification/question process.
3.15 Award of Contract:
It is the City’s intent to award a contract to the firm or firms that can provide all of
the scope of work tasks identified in the RFQ document. However, the City
Library Board of Trustees, May 3, 2023, pg. 36
Page 7 of 20
reserves the right to award a contract, award multiple contracts, or to make no
award, whichever is in the best interest of the City. It is anticipated that award of the
contract will occur at the next regularly scheduled City Council meeting after the
evaluation committee has made its final selection of the firm to be recommended for
award and a contract has been negotiated and agendized for consideration. The
decision of the City Council will be final.
3.16 Form of Agreement:
The selected firm will be required to enter into a contractual agreement, inclusive of
insurance requirements, with the City of Palm Springs in accordance with the
standard Contract Services Agreement (see Section 8). Please note that the
Exhibits are intentionally not complete in the attached sample standard document.
These exhibits will be negotiated with the selected firm and will appear in the final
Contract Services Agreement executed between the parties.
We specifically draw your attention to the language in the sections of the sample
contractual agreement attached entitled “Conflict of Interest” and “Covenants
Against Discrimination” and recommend all firms carefully consider these
contractual requirements prior to submitting a statement of qualifications in
response to this RFQ. Firms that submit a statement of qualifications in response to
this RFQ shall certify the following:
A. Conflict of Interest. Responder acknowledges that no officer or employee of
the City has or shall have any direct or indirect financial interest in this
Agreement, nor shall Responder enter into any agreement of any kind with any
such officer or employee during the term of this Agreement and for one year
thereafter. Responder warrants that Responder 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.
B. Covenant Against Discrimination. In connection with its performance under
this Agreement, Responder 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”). Responder 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,
Responder certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in
any Responder 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 Responder 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 non-
discrimination in city contracting.
C. Failure or refusal to enter into an Agreement as herein provided or to conform to
any of the stipulated requirements in connection therewith shall be just cause for
an annulment of the award. If the highest ranked Responder refuses or fails to
execute the Agreement, or negotiations are not successful, or the agreement is
Library Board of Trustees, May 3, 2023, pg. 37
Page 8 of 20
terminated, the City may, at its sole discretion, enter negotiations with and
award the Contract to the second highest ranked Responder, and so on.
Library Board of Trustees, May 3, 2023, pg. 38
Page 9 of 20
SECTION 4 – SCOPE OF WORK
4.1 Background:
A. On March 10, 2022, City Council approved the application submission of “Building
Forward: Library Infrastructure” grant for the Palm Springs Public Library, located at
300 S. Sunrise Way (Main Library). The grant covers costs associated with critical
maintenance and critical infrastructure projects, defined as those needed to keep
existing facilities, building-related structural components, and related building
systems suitable for public use and compliant with all prevailing codes, rules,
regulations, and standards governing their usage, such as the Americans with
Disabilities Act.
B. On September 12, 2022, the City learned that they were awarded $6,569,942 in
matching funds for the Palm Springs Public Library Renovation project. City Council
adopted Resolution 25056 on September 29, 2022, agreeing to the grant, which
required 100% matching funds for the project. Per the grant guidelines, all grant-
funded work must be completed by March 31, 2026. Grant funds and City matching
funds total $13,136,884. Matching funds are held in Fund 260, Measure J. Grant
funds will be disbursed from the California State Library as the project progresses.
C. The California State Library Grant Program has a list of unallowable costs; however,
the Library Board of Trustees feels that there are many renovation elements that are
important to include, despite grant funding available to cover the costs. At their
December 7, 2022, meeting, the Library Board of Trustees asked that the City
include in the scope of work all non-grant funded recommendations approved by the
Trustees.
D. Additionally, the Trustees recommended that the City move forward with the plan to
renovate the JC Frey building according to the approved Measure J budget and
present back to the Library Board with a plan and a confirmed budget. The Trustees
asked, however, that the JC Frey Building renovation not impede on the Main Library
renovation.
E. At the February 21, 2023, Council Meeting, City Council approved staff to move
forward with the design services for the desired scope of work and to bring back cost
estimates for the scope of work and recommendations on items to move forward with
based on funding availability.
4.2 Scope: The general scope of work for the design services is as follows:
A. JC Frey Building rehabilitation and renovation
1. Correct any building deficiencies
2. Create single-use gender neutral restroom(s)
3. Move equipment closet inside front door to improve access to main room
4. Restore full-length window designs and install glass doors to make building
inviting
5. Subdivide meeting room in NE section of building
6. Upgrade all mechanical, electrical, plumbing, and technology
B. Main Library
1. All Grant-Funded Infrastructure Items per grant application and approval from
California State Library to include the following:
Library Board of Trustees, May 3, 2023, pg. 39
Page 10 of 20
a. Furnish and Install Fire Sprinkler System
b. Fire Alarm System Control Panel
c. Emergency Egress Hardware
d. Emergency Egress Light, Power Systems
e. Ceiling Finishes (for new sprinkler system)
f. Air Filtration System
g. Security System - CCTV and Alarm System
h. Emergency Backup Generator
i. Skylights - Railings & Fall Protection Anchor Points
j. HVAC Replacement
k. HVAC Terminal and Package Units
l. Electrical Service
m. Seismic Retrofit
n. Roof Replacement
o. Replace Carpet and/or Floors
p. Window replacements
q. Replace water lines - includes plumbing
r. Painting (preventative maintenance)
s. Replace Signage, ADA tactile, larger fonts for visually impaired
t. Replace non-emergency lighting
u. Replace interior doors and locks
v. Inclusive Access
2. Non-Grant-Funded Items:
a. Additional security gates for additional entrances
b. Archival storage space
c. Art space-gallery space with lighting
d. Art wall in exterior public patio space
e. Café
f. Carpet
g. Children’s patio
h. Exterior Paint
i. Fixtures (Service desks, counters, cabinetry, kiosks, display furniture, mobile
shelving)
j. Flexible Office space-community organization outreach or services, nonprofit
support offices
k. Friends of the Library Book Sale space
Library Board of Trustees, May 3, 2023, pg. 40
Page 11 of 20
l. Infrastructure upgrades required for project but not allowed/included in grant
m. Interior Paint
n. Koi Pond replacement
o. Landscaping
p. LED Sign upgrade
q. Library Furniture
r. More storage
s. New 350-seat event center- which would be an addition or annex adjacent to
the existing building
t. Outdoor lighting on building
u. Outdoor use spaces-public patios with seating
v. Parking Lot Expansion
w. Perimeter sidewalk lighting upgrades
x. Private meeting/study rooms
y. Scalable Classroom/maker space/meeting rooms
z. Steel book shelving and end panels
aa. Technology-cabling upgrades, computers, AV, PA system, screens, sound
bb. Window coverings for climate and light control
C. The Consultant will provide all labor, supplies, and materials necessary to produce
and deliver documents, plans, specifications, cost estimates, schedules and
construction administration services throughout the construction and close out phase
of this project.
D. Schematic/Conceptual Design Phase Services tasks will include but are not limited
to the following:
1. Lead on-site kick-off meeting with subconsultant team and City
2. Manage project and coordinate with City and subconsultant team
3. Project programming and visioning
4. Existing conditions surveying to include pipe inspection services using camera
and video technology
5. Prepare schematic/conceptual design package (30%) for review and comment
including:
a. Civil plans including demolition, grading, drainage, paving and utilities
b. Architectural plans including reflected ceiling, building elevations, building
and wall sections, landscaping plans and interior elevations
c. Structural plans
d. Mechanical plans
e. Plumbing and Fire Protection plans
f. Electrical plans
Library Board of Trustees, May 3, 2023, pg. 41
Page 12 of 20
g. Specialty plans including energy
6. Provide schedule
7. Provide Preliminary Cost Estimate
8. Provide utility research
E. Design Phase Services include but are not limited to the following tasks:
1. Upon approval of the schematic design package (50%) and cost estimate,
prepare design development package including:
a. Civil plans including demolition, grading, drainage, paving and utilities
b. Architectural plans including reflected ceiling, building elevations, building
and wall sections, landscaping plans and interior elevations
c. Structural plans
d. Mechanical plans
e. Plumbing and Fire Protection plans
f. Electrical plans
g. Specialty plans including energy
h. draft (50%) technical specifications
i. preliminary cost estimate
2. Detailed cost estimating and marketplace conditions
3. Provide for construction phasing and scheduling that will minimize interruption to
operations
4. Provide alternate systems evaluation and constructability studies where
applicable
5. Geotechnical engineering and testing
6. Provide an environmental hazardous materials assessment
7. Provide long-lead procurement studies
8. Assist in the permitting processes
9. Coordinate with various City of Palm Springs departments, other agencies, utility
companies, etc.
10. Participate in value engineering options and discussions
11. Protect the owner’s sensitivity to quality, safety, and environmental factors
12. Advise City on choosing green building materials
13. Submit 50% package for initial building permit intake
14. Make corrections and revisions based on permit comments
F. Construction Documents Phase
1. Upon approval of the design development package and cost estimate, prepare
the construction documents and permit submittal. Tasks will include:
a. Civil plans including demolition, grading, drainage, paving and utilities
Library Board of Trustees, May 3, 2023, pg. 42
Page 13 of 20
b. Architectural plans including reflected ceiling, building elevations, building
and wall sections, landscaping plans and interior elevations
c. Structural plans
d. Mechanical plans
e. Plumbing and Fire Protection plans
f. Electrical plans
g. Specialty plans including energy
2. Submit 100% CD package for final permit approval
3. Prepare final technical specifications at 100%
4. Review construction document package and cost estimate with the City.
G. Bidding Phase
1. Upon approval of the construction documents and receipt of building permit, the
Consultant will support the City’s bidding process. Tasks will include:
a. Attend pre-bid conference
b. Assist with bid addenda and clarifications in response to bidder questions
c. Support City with bid evaluations as necessary
d. Make design modifications to reduce construction cost as needed
H. Construction Administration/Observation Phase
1. Upon selection of contractor, Consultant will participate in construction
administration/observation. Tasks will include:
a. Attend pre-construction conference
b. Attend construction meetings
c. Oversee project and coordinate with City and subconsultant team
d. Review submittals and mock-ups
e. Respond to requests for information (RFIs)
f. Review proposed substitutions, alternates and change orders
g. Observe construction during bi-weekly visits for consistency with design
intent as conveyed in the construction documents
h. Attend substantial completion walk through
i. Review contractor punch list
j. Attend final completion walk through
k. Review contractor’s as built drawings
I. Close Out Phase
1. Coordinate and verify training and commissioning efforts
2. Contract close out and post occupancy evaluation
3. Provide as built drawings in CAD and PDF format
4. Coordinate and conduct an eleven-month warranty walk through
Library Board of Trustees, May 3, 2023, pg. 43
Page 14 of 20
4.3 Deliverables:
Consultant shall provide design submittals, cost estimates, schedules, as built
documents and reports as outlined in the scope of work for the various phases of design.
Consultant shall provide construction observation reports, responses to request for
information and review comments on submittals during the construction phase.
4.4 Schedule:
Design work will commence upon execution of contract and shall be completed within 12
months. It is anticipated that the bidding and construction phase will continue for a
period of 24 additional months.
4.5 Compensation:
Work will be compensated as outlined on the pricing sheet in the contract. Contract
pricing includes all labor, expenses, and incidentals to complete the work outlined in the
contract scope. The Contractor may request monthly 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
th e City unless the contract is modified for additional work requested by the City.
Library Board of Trustees, May 3, 2023, pg. 44
Page 15 of 20
SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND
ORGANIZATION
5.1 Statement of Qualifications Requirements:
The firm’s statement of qualifications should describe the methodology to be used to
accomplish the project objectives. The statement of qualifications should also describe
the work which shall be necessary in order to satisfactorily complete the described
requirements.
5.2 Statement of Qualifications Format:
Firms are requested to format their statements of qualifications so that responses
correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 6. The statements of qualifications must be in an 8 ½ X 11 format,
minimum 10pt font size, minimum ¾” margins, and may be no more than a total of
40 electronic pages, including cover letters, organization charts, staff resumes,
appendices, and any exceptions to the language in the sample agreement, or to the
insurance requirements. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”,
“C”, “D” and “E” and Addenda acknowledgment do NOT count toward the limit
(everything else does).
5.3 Statement of Qualifications Content:
A. Responders must provide the information identified below. All such information shall
be presented in a format that directly corresponds to the numbering scheme
identified here.
B. Each statement of qualifications package must include one separate electronic file as
follows:
The “Statement of Qualifications”, shall include the following items:
Statement of Qualifications: The statement of qualifications shall be clearly marked
as per the instructions above and shall include the Sections A, B, C, D and E below:
Section A: Firm (including any subcontractors) Qualifications and Experience
including References
A.1 Company Overview. Please provide a description of the design
services that your company has provided in other cities for public
libraries, how long you have been in operation, and any unique
features of the design services you offer. Include all the information
required by the minimum requirements section 2.3.
A.2 Indicate the name of any sub-consultant firms that will be utilized to
make up your team. Describe each sub-consultant’s qualifications,
background, and specific expertise that they bring to the Project.
A.3 References. Include a minimum of three references on the form
provided of recent customers for who your firm has provided similar
design services as contemplated herein and include it with the
forms section of your proposal. In addition to the form, in this
section of your proposal please provide any additional information
that would explain in more detail the work undertaken with the
references provided and any other material information you would
like the City to know about your work for that reference that is
relevant to the work described in this RFP.
Library Board of Trustees, May 3, 2023, pg. 45
Page 16 of 20
Section B: Staff, Teams (including any subcontractors) qualifications and
experience including References
B.1 Staffing. The Responders shall provide a description of how they
plan to staff the project, including any local hires that they would
need to make or local partnerships that they would need to
establish to ensure successful implementation.
B.2. List the name and qualifications of the key staff/team members that
will be assigned to the Project. Provide detailed qualifications of
the Project/Design Manager that will be assigned to the Project.
B.3. Partners. The respondent should list any organizations they plan to
partner with to implement the scope of work.
Section C: Demonstrated understanding of the overall project and requested scope
of work
C.1 Proposed Approach for Implementing the Scope of Work. Please
describe how you would approach the Scope of Work for the City of
Palm Springs. This would include how you would address or
enhance the tasks in the Scope of Work and how you would
partner with the City to implement the service.
C.2 Anything else the City should consider as part of this process.
Responders should provide any insights or advice they feel may
assist the City in implementing the Scope of Work.
C.3 Identify any “key” or “critical” issues that you believe may be
encountered based on the firm’s prior experiences; and provide
steps to be taken to ensure the issues identified do not affect the
successful delivery of the service.
C.4 Discuss any innovative ideas you may have for the renovation of a
public library.
Section D: Local Preference
D.1 List all team members with local expertise. Clearly define their role
in the overall project.
Pursuant to the City of Palm Springs Local Preference Ordinance
1756, in awarding contracts for services, including consultant
services, preference to a Local Business shall be given whenever
practicable and to the extent consistent with the law and interests of
the public. The term “Local Business” is defined as a vendor,
contractor, or consultant who has a valid physical business address
located within the Coachella Valley, at least six months prior to bid
or statement of qualifications opening date, from which the vendor,
contractor, or consultant operates or performs business on a day-to-
day basis and holds a valid business license by a jurisdiction
located in the Coachella Valley. “Coachella Valley” is defined as the
area between the Salton Sea on the south, the San Jacinto and
Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition,
“Coachella Valley” includes the cities of Beaumont and Banning and
the unincorporated areas between Banning and the City of Palm
Library Board of Trustees, May 3, 2023, pg. 46
Page 17 of 20
Springs. Post office boxes are not verifiable and shall not be used
for the purpose of establishing such physical address.
The Responder will also, to the extent legally possible, solicit
applications for employment and statements of qualifications for
subcontractors and subconsultants for work associated with the
proposed contract from local residents and firms as opportunities
occur and hire qualified local residents and firms whenever feasible.
In order for a business to be eligible to claim the preference, the
business MUST request the preference in the Solicitation
response (see Attachment A) and provide a copy of its current
business license (or of those it employs for this project) from a
jurisdiction in the Coachella Valley. A non-local business that
requests the preference based on employing local residents must
provide proof of full-time primary residency from a jurisdiction in the
Coachella Valley with the statement of qualifications. The City
reserves the right to determine eligibility.
Section E: Forms: - Please include the following completed forms with your
statement of qualifications
a. Completed Signature authorization and Addenda Acknowledgment
(see Attachment A)
b. If applicable, your specific request for Local Preference (reference
Attachment A) and a copy of a valid business license from a
jurisdiction in the Coachella Valley.
c. Completed Affidavit of Non-Collusion (see Attachment B)
d. Completed No Conflict of Interest and Non-Discrimination Form
(Attachment C)
e. Completed Public Integrity Business Disclosure Form (Attachment
D)
f. Complete the Reference form (Attachment E)
5.4 Submission of Statement of Qualifications:
One electronic file shall be uploaded to the PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.
All submissions must be time and date stamped by the system as being received by the
deadline. Late submissions will not be accepted by the system.
Statements of qualifications not meeting the above criteria may be found to be non-
responsive.
Library Board of Trustees, May 3, 2023, pg. 47
Page 18 of 20
SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION
6.1 Evaluation of Statements of Qualifications:
This solicitation has been developed in the RFQ most qualified firm format. Accordingly,
firms should take note that multiple factors as identified in the RFQ will be considered by
the Evaluation Committee to determine which statement of qualifications best meets the
requirements set forth in the RFQ document.
An Evaluation Committee, using the following evaluation criteria for this RFQ, will
evaluate all responsive statements of qualifications to this RFQ. Firms are requested to
submit their statements of qualifications so that they correspond to and are identified
with the following specific evaluation criteria (100 total points possible):
Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in
providing similar services as defined in the RFQ, including
References
30
Staff / Team’s (including any subcontractors) Qualifications and
experience in providing similar services as defined in the RFQ
30
Demonstrated Understanding of the overall project and requested
Scope of Work
35
Local Preference * 5
Total** 100
*Note: Firms that qualify as a Local Business, or employ local sub-consultants, and
submit a valid business license as more fully set forth in this RFQ, pursuant to the City of
Palm Springs Local Preference Ordinance 1756). The full local preference, five points,
may be awarded to those that qualify as a Local Business. Two points may be awarded
to a non-local business that employs or retains local residents and/or firms for this
project. Non-local firms that do not employ or retain any local residents and/or firms for
this project shall earn zero points for these criteria.
Prior City work - If your firm has prior experience working with the City do not assume
this prior work is known to all members of the evaluation committee. All firms are
evaluated on the information contained in their statement of qualifications, information
obtained from references (including the city and past performance if applicable), and
presentations if requested. All statements of qualifications should be prepared as if the
evaluation committee members have no knowledge of the firm, their qualifications, or
past projects.
**Interviews – The City reserves the right to interview top ranking proposers. If
interviews are required, the proposers invited to interview will be notified in advance and
provided a format and time for the interviews. An additional 25 points will be used to
score the interview based on the same criteria listed in the RFP.
6.2 Selection Process and Award of Contract:
Selection will be made by totaling the points for the statements of qualifications and
interviews if required. The Responder(s) with the highest number of points will be asked
to submit a cost proposal for negotiation of a fair and reasonable price and if successful
will be recommended for award of the contract. If the negotiations are not successful, the
process may continue with the next highest ranked Responder. The City reserves the
Library Board of Trustees, May 3, 2023, pg. 48
Page 19 of 20
right to negotiate the terms and conditions of any resulting contract. Final contract award,
if any, will be made by the Palm Springs City Council or City Manager depending on value.
The selected firm will be required to comply with all insurance and license requirements of
the City.
Library Board of Trustees, May 3, 2023, pg. 49
Page 20 of 20
SECTION 7 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form, including Addenda
acknowledgment. Must be completed and included with the statement of qualifications.
ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included
with the statement of qualifications.
ATTACHMENT “C” – No Conflict of Interest and Non-Discrimination Form. Must be
completed and included with the statement of qualifications.
ATTACHMENT “D” – Business Disclosure Form. Must be completed and included
with the statement of qualifications.
ATTACHMENT “E” – Reference Form. Must be completed and included with the
statement of qualifications.
Library Board of Trustees, May 3, 2023, pg. 50
ATTACHMENT “A”
SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 28-23)
PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________
BUSINESS ADDRESS: ____________________________________________________
________________________________________________________________________
TELEPHONE: ______________CELL PHONE___________ ___FAX______________
CONTACT PERSON____________________EMAIL ADDRESS____________________
A. I hereby certify that I have the authority to submit this Statement of Qualifications to
the City of Palm Springs for the above listed individual or company. I certify that I have
the authority to bind myself/this company in a contract should I be successful in my
Statement of Qualifications.
____________________________________________________
PRINTED NAME AND TITLE
____________________________________________________
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an
individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company;
____ A corporation If a corporation, organized in the state of: __________
2. My tax identification number is: ___________________________________
Please check below IF your firm qualifies as a Local Business as defined in the RFQ:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by
including the acknowledgment with your statement of qualifications. Failure to acknowledge
the Addenda issued may result in your statement of qualifications being deemed non-
responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
Library Board of Trustees, May 3, 2023, pg. 51
ATTACHMENT “B”
NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 28-23)
PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED
WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of
, the party making the foregoing Statement of Qualifications. That the Statement of
Qualifications is not made in the interests of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the Statement of
Qualifications is genuine and not collusive or sham; that the Responder has not directly or
indirectly induced or solicited any other Responder to put in a false or sham Responder, and
has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or
anyone else to put in a sham Statement of Qualifications, or that anyone shall refrain from
Responding; that the Responder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the future Cost Proposal price of
the Responder or any other Responder, or to fix any overhead, profit, or cost element of the
future Cost Proposal price, or of that of any other Responder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract;
that all statements contained in the Statement of Qualifications are true; and, further, that the
Responder has not, directly or indirectly, submitted his or her Statement of Qualifications or
any breakdown thereof, or the contents thereof, or divulged information or data relative
thereof, or paid, and will not pay, any fee to any corporation, partnership, company,
association, organization, or any other member or agent thereof to effectuate a collusive or
sham Statement of Qualifications.
Signature:______________________________________________
Title: _____________________________________________
Date: ______________________
Library Board of Trustees, May 3, 2023, pg. 52
ATTACHMENT “C”
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION
REQUEST FOR QUALIFICATIONS (RFQ 28-23)
PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR
QUALIFICATIONS
Conflict of Interest. Responder acknowledges that no officer or employee of the City has or
shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter
into any agreement of any kind with any such officer or employee during the term of this
Agreement and for one year thereafter. Responder warrants that Responder 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.
Covenant Against Discrimination. In connection with its performance under the
Agreement, Responder 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”). Consultant 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, Responder certifies that its actions
and omissions hereunder shall not incorporate any discrimination arising from or related to
any prohibited basis in any Responder 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 Consultant 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 non-discrimination in city contracting.
NAME OF RESPONDER: ________________________________________
NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________
Library Board of Trustees, May 3, 2023, pg. 53
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR QUALIFICATIONS (RFQ 28-23)
PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFCATIONS
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on
the application and seek a City approval determined by a vote of City officials. Examples
include corporations, limited liability companies, trusts, etc. that seek a City Council approval,
or an approval by one of the City’s board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal
government and assists public officials in avoiding conflicts of interest. The City’s Public
Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest
in ensuring that companies (and other legal entities that are not natural people) doing
business in the community are transparent and make disclosure as to their ownership and
management, and further that those companies disclose the identity of any person, with an
ownership interest worth two thousand dollars ($2,000) or more, who has a material financial
relationship with any elected or appointed voting City official, or with the City Manager or City
Attorney.
Note: A material financial relationship is a relationship between someone who is an
owner/investor in the applicant entity and a voting official (or the City Manager or City
Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the
application;
(2) the official has earned income from the owner/investor during the year prior to the filing of
the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year
prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based
upon the owner/investor’s interest in the applicant entity, in relation to the application’s
outcome.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your
application for a City approval determined by a vote of City officials, whether elected or
appointed.
Library Board of Trustees, May 3, 2023, pg. 54
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees,
and other fiduciaries serving trusts or other types of organizations (attorneys, accountants,
etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity
that is not a natural person serves the applicant entity (e.g., as a member of an applicant
LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must
be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or
more who have a material financial relationship with an elected or appointed City official who
will vote on the applicant’s application, or with the City Manager or City Attorney.
What if I Have Questions?
PENALTIES
Falsification of information or failure to report information required to be reported
may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the
form should you need further clarification.
Library Board of Trustees, May 3, 2023, pg. 55
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
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 __________________________
Library Board of Trustees, May 3, 2023, pg. 56
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 entit y]
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
Library Board of Trustees, May 3, 2023, pg. 57
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the
attached instructions, we provide you these supplementary instructions to clearly identify the
required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and
it is also comprised of other business entities as its members or having a financial interest, all
other such business entities must also be disclosed, including those entities other business
entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural
persons having any financial interest over 5% of the business entities (and any other business
entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California
limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme
Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers
are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a
California limited liability company, which is managed by George Doe, with George Doe and
Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company
ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company
a. Managers: Acme Brothers 2, Inc., a California corporation
b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company
a. Managers: George Doe
b. Ownership:
i. 50%
Library Board of Trustees, May 3, 2023, pg. 58
ATTACHMENT “E”
REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 28-23)
PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
Reference 1
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 2
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 3
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Library Board of Trustees, May 3, 2023, pg. 59
SECTION 8 – SAMPLE AGREEMENT
Library Board of Trustees, May 3, 2023, pg. 60
55575.18165\32900157.2
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SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE
Library Board of Trustees, May 3, 2023, pg. 61
55575.18165\32900157.2
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3
PROFESSIONAL SERVICES AGREEMENT _________
PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( “Agreement”) is entered into, and
effective on _____________, 20__, between the CITY OF PALM SPRINGS, a California
charter city and municipal corporation, (“City”) and _____________, a _____________,
(“Consultant”). City and Consultant are individually referred to as “Party” and are collectively
referred to as the “Parties”.
RECITALS
A. City requires the services of a ________ _____, for
______ _______ (“Project”).
B. Consultant has submitted to City a statement of qualifications to provide _______
_____, to City under the terms of this Agreement.
C. Consultant 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 Consultant to provide such professional 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 CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional 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, Consultant represents and warrants that Consultant is a provider of first class work
and professional services and that Consultant is experienced in performing the Work
contemplated and, in light of such status and experience, Consultant covenants that it shall
perform 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 Request for
Qualifications; and, (4) the Consultant’s signed, original statement of qualifications submitted to
the City (“Consultant’s Qualfications”), (collectively referred to as the “Contract Documents”).
Library Board of Trustees, May 3, 2023, pg. 62
55575.18165\32900157.2
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4
The City’s Request for Qualifications and the Consultant’s statement of qualifications, which are
both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are
made a part of this Agreement. The Scope of Services shall include the Consultant’s Statement
of Qualifications. All provisions of the Scope of Services, the City’s Request for Qualifications
and the Consultant’s statement of qualifications shall be binding on the Parties. Should any
conflict or inconsistency 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 Request for Qualifications; (3rd) the terms of this Agreement;
and, (4th) the provisions of the Consultant’s statement of qualifications.
1.3 Compliance with Law. Consultant 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. Consultant 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. Consultant 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 required by this
Agreement. Consultant represents and warrants to City that Consultant 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 Consultant to perform the Work and under
this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Consultant's performance of the Work required by this Agreement. Consultant
shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes
penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by
law.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (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. If the Services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services. Should the Consultant discover any
latent or unknown conditions that will materially affect the performance of the Services,
Consultant shall immediately inform the City of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers,
documents, plans, studies, and/or other components to prevent losses or damages. Consultant
shall be responsible for all such damages, to persons or property, until acceptance of the Work by
the City, except such losses or damages as may be caused by City's own negligence.
Library Board of Trustees, May 3, 2023, pg. 63
55575.18165\32900157.2
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5
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Parties agree to act in
good faith to execute all instruments, prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance
of the Services, without invalidating this Agreement, to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to, or deducting from such Work. No
such extra work may be undertaken unless a written order is first given by the City to the
Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined
below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved
in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%)
of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up
to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to
perform any extra work. Any greater increases, occurring either separately or cumulatively,
must be approved by the Palm Springs City Council. It is expressly understood by Consultant
that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Consultant shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall
not exceed the maximum contract amount of [INSERT NOT TO EXCEED CONTRACT
AMOUNT] Dollars, ($_______) ("Maximum Contract Amount"), except as may be provided
under Section 1.8. The method of compensation shall be as set forth in Exhibit “B.”
Compensation for necessary expenditures for reproduction costs, telephone expenses, and
transportation expenses must be approved in advance by the Contract Officer designated under
Section 4.2 and will only be approved if such expenses are also specified in the Schedule of
Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all
project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to
any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts
the risk that the services identified in the Scope of Services may be more costly and/or time-
consuming than Consultant anticipates, that Consultant shall not be entitled to additional
compensation, and that the provisions of Section 1.8 shall not be applicable to the services
identified in the Scope of Services. If the City’s Maximum Contract Amount is reached before
the Consultant’s Services under this Agreement are completed, Consultant shall complete the
Work and City shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive
payment, Consultant 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 Consultant and accompanied by such
Library Board of Trustees, May 3, 2023, pg. 64
55575.18165\32900157.2
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6
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 Consultant 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
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 Consultant’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 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition
of this Agreement. Consultant shall prosecute regularly and diligently the Work of this
Agreement according to the agreed upon attached Schedule of Performance (Exhibit “B”),
incorporated herein by this reference. 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 Consultant to any additional
compensation regardless of the Party responsible for the delay.
3.2 Schedule of Performance. Consultant 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 Consultant,
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.
3.3 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 Consultant
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 Consultant’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);
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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 Consultant 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 Consultant 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.
3.4 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 ___________
(weeks/months), commencing on _____________, 201__, and ending on _____________,
202__, unless extended by mutual written agreement of the Parties. However, the term shall not
exceed ___ years from the commencement date, except as otherwise provided in the Schedule of
Performance described in Section 3.2 above.
3.5 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 Consultant. Where
termination is due to the fault of Consultant 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, Consultant shall immediately cease all
Services except such as may be specifically approved by the Contract Officer. Consultant 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. Consultant
shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or
compensation for termination of Work. Consultant may not terminate this Agreement except for
cause, upon thirty (30) days written notice to City.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act in its behalf
and make all decisions with respect to the Services to be performed under this Agreement:
_________________ [INSERT NAME], ____________ [INSERT TITLE]. 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 Consultant and devoting sufficient time to personally supervise the Services
performed hereunder. The foregoing principal may not be changed by Consultant 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"). Consultant shall be responsible for keeping the Contract Officer
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fully informed of the progress of the performance of the Services. Consultant 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 Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Consultant 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 Consultant is permitted to subcontract any part of this
Agreement by City, Consultant shall be responsible to City for the acts and omissions of its
subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained
in this Agreement shall create any contractual relationships between any subConsultant and City.
All persons engaged in the Work will be considered employees of Consultant. City will deal
directly with and will make all payments to Consultant. 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. Transfers restricted in this Agreement shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any
surety of Consultant from any liability under this Agreement without the express written consent
of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an
independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant 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 Consultant shall at all times be under Consultant’s exclusive direction
and control. Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of its officers, employees, or agents, except as set forth in this
Agreement. Consultant, 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 Consultant’s employees, servants, representatives, or agents,
or in fixing their number, compensation, or hours of service. Consultant 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
Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with
Consultant.
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B. Consultant 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 Consultant, its officers, employees,
or agents in connection with any performance under this Agreement. Except for professional
fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or
other compensation to Consultant for the performance of Services under this Agreement. City
shall not be liable for compensation or indemnification to Consultant, 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
Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant
shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant 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, Consultant agrees to fully comply with such
Prevailing Wage Laws. Consultant 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 Consultant 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 Consultant and all subcontractors performing such
Services must be registered with the Department of Industrial Relations. Consultant 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 Consultant’s sole responsibility to comply
with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
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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 Consultant's performance of Work under this
Agreement, including Consultant'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 Consultant 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. Consultant shall immediately substitute any insurer whose A.M. Best
rating drops below the levels specified in this Agreement. Except as otherwise authorized below
for professional 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. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
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.
(1) Consultant shall either: (a) certify in writing to the City that
Consultant is unaware of any professional liability claims made against Consultant and is
unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant
does not provide the certification under (a), Consultant shall procure from the professional
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, Consultant shall obtain
continuing insurance coverage for the prior acts or omissions of Consultant 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 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. Consultant shall obtain and maintain,
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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. Consultant 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
subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If
Consultant has no employees, Consultant shall complete the City’s Request for Waiver of
Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant 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 Consultants, broad form property damage, products and completed
operations.
D. Business Automobile Insurance. Consultant 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. Consultant 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. Consultant guarantees payment of all
deductibles and self-insured retentions. City reserves the right to reject deductibles or self-
insured 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 Consultant’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 Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’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, council members, officials, employees, agents, and volunteers shall be in excess of
Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies,
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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 Consultant 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. Consultant 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 Consultant’s obligation to ensure
timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultants, and any other parties
involved with the Project who are brought onto or involved in the Project by Consultant, provide
the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon
request, all agreements with subConsultants and others engaged in the Project will be submitted
to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Consultant 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. Consultant 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
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intended by any party or insured to be limiting or all-inclusive.
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. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant 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. Consultant agrees that the provisions of this section shall not be construed
as limiting in any way the extent to which the Consultant may be held responsible for the
payment of damages resulting from the Consultant’s activities or the activities of any person or
person for which the Consultant 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. Consultant 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
Consultant’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 self-
insurance 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).
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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.
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 Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by
law, Consultant shall defend (at Consultant’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 (Consultant’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 Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant’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 Consultant’s
indemnification obligation or other liability under this Agreement. Consultant’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 Professional Services Indemnification and Reimbursement. If
Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’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, Consultant’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
Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining
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a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim,
including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant 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
and transcripts from such records.
7.2 Reports. Consultant 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. Consultant acknowledges that the City is greatly concerned about
the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees
that Consultant shall promptly notify the Contract Officer the estimated increased or decreased
cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the Services. If Consultant is providing design
services, Consultant shall promptly notify the Contract Officer the estimated increased or
decreased cost for the project being designed if Consultant 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
Consultant, its employees, subConsultants, 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. Consultant 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
Consultant will be at the City's sole risk and without liability to Consultant, and the City shall
indemnify the Consultant for all resulting damages. Consultant may retain copies of such
documents for their own use. Consultant shall have an unrestricted right to use the concepts
embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide
for assignment to City of any documents or materials prepared by them. In the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant 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 Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City’s prior written
authorization.
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7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant’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 Consultant’s performance under this Agreement. Consultant 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
California, or any other appropriate court in such County, and Consultant 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 Consultant. Consultant’s failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance. In the
event Consultant 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. Consultant 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 3.5.
B. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of Section
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8.3A, take over the work and prosecute the same to completion by contract or otherwise. The
Consultant 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 Consultant 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 Consultant shall not limit Consultant’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.
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 consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or
in collection of any judgment entered in such proceeding. To the extent authorized by law, in the
event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding
within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be
the prevailing Party in such litigation or 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 Consultant, 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 Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the
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City has or shall have any direct or indirect financial interest in this Agreement nor shall
Consultant 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. Consultant warrants that Consultant 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, Consultant 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”). Consultant 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, Consultant certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis
in any Consultant 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 Consultant 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 non-
discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under
law, and in lieu of any other warranty by City or Consultant against patent or copyright
infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement, or the
normal use or sale arising out of the performance of this Agreement, infringes upon any
presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages
finally awarded in any such suit or claim, provided that Consultant is promptly notified in
writing of the suit or claim and given authority, information and assistance at Consultant’s
expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is
related to the negligence, recklessness or willful misconduct of Consultant. However,
Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a
deliverable, such that City’s alteration of such deliverable created the infringement upon any
presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination
with other material not provided by Consultant when it is such use in combination which
infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or
claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall
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not be obligated to indemnify City under any settlement that is made without Consultant’s
consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as
a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to
use and sell the item, or shall substitute an equivalent item acceptable to City and extend this
patent and copyright indemnity thereto.
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 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 Consultant: ___________________________
___________________________
___________________________
Attention: __________________
Telephone: _________________
Facsimile: __________________
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
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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.
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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND [***INSERT NAME***]
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. Agreement 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
Library Board of Trustees, May 3, 2023, pg. 80
Page 1 of 2
EXHIBIT “A”
SCOPE OF SERVICES
Library Board of Trustees, May 3, 2023, pg. 81
Page 2 of 2
EXHIBIT “B”
SCHEDULE OF COST
Library Board of Trustees, May 3, 2023, pg. 82