HomeMy WebLinkAbout1/3/2001 - STAFF REPORTS (6) Date: January 3, 2001
TO: City Council
FROM: Procurement Manager and City Engineer
CONTRACT FOR ROADSIDE MAINTENANCE SERVICES
RECOMMENDATION:
That the City Council award a 2-year contract with 2 one year renewal options at staff s
discretion (rate increases, if any, are subject to Council approval) for roadside
maintenance services to Desert Janitor Co. of Palm Springs, California, Invitation for Bid
(IFB)No. 01-08, for a 2-year term on unit rate basis as follows: Regular rate of$23.50
per hour for a two-man crew, $12.75 per hour for one Lead Worker, $10.75 per hour
for one Worker plus $5.00 per hour for a vehicle and supplies; emergency call-out rates
for City holidays of$47.00 per hour for a two man crew, $25.50 per hour for one Lead
Worker, $21.50 per hour for one worker plus $5.00 per hour for a vehicle and supplies
and emergency (off-hours) overtime call-out rates of$35.24 per hour for a two-man
crew, $19.12 per hour for one Lead Worker and $16.12 per hour for one Worker plus
$5.00 per hour for a vehicle and supplies; for an estimated monthly amount of
$4,560.00. Total amount for the 2-year contract is estimated at $109,440.00.
SUMMARY:
The City contracts out services for roadside cleanup along six designated routes. The
work consists of general clean up of litter, debris and palm fronds. The current 2-year
contract with Desert Janitor expires at the end of 2000. The contract was rebid and the
results are attached. The low bid represents an approximately 11% per year increase
over the current rates.
BACKGROUND:
The purpose of this award is to provide roadside maintenance of specified City streets
and rights-of-way by policing and litter pick-up to remove paper, glass, trash,
undesirable material, vegetation, and other accumulated debris from centerline of road to
ten feet off of road edge in both directions.
Invitations for bids were published in the Desert Sun on November 8, 2000 and mailed
to 39 firms. Five bids were received, opened and read publicly at 3:00 p.m., December
13, 2000, as follows:
""M A
DESERT ENVIABLE INTERNAUL KIRKPATRICK DAVEYTREE
JANITOR GREEN,INC PAVEMENT LANDSCAPING SURGERY CO.
Palm Spgs Pahn Desert SOLUTIONS Indio Livermore
San Bernardino
I. Unit basis-2 man crew $23.50/hr $25.65/hr $22.00/hr $36.00/hr $46.89/hr
2. Per individual worker:
Lead Worker $12.75/Irr $14.50//Irr $12.50/hr $22.00/hr $26.01/hr
Worker $10.75/hr $11.15/hr $ 9.50/hr $14.00/hr $20.88/hr
Vehicle & supplies $ 5,00/hr $ 9.50/hr $18.00/hr $12.00/hr $ 8.78/hr
3. Emergency call-out rates:
2-man crew $35.24/hr $38.48/hr $35.00/hr $54.00/hr $66.85/hr
Lead Worker $19.12/hr $21.75/hr $19.00/hr $33.00/hr $38.67/hr
Worker $16.12/hr $16.73/hr $16.00/hr $21.00/hr $28.18/hr
Vehicle & Supplies $ 5.00/hr $25.00/hr $ 18.00/hr $14.00/hr $ 8.75/hr
4. Holiday Call-out rates:
2-man crew $47.00/hr $45.00/hr $47.00/hr $72.00/hr $66.85/hr
Lead Worker $25.50/hr $25.00/hr $25.00/hr $44.00/hr $38.67/hr
Worker $21.50/hr $20.00/hr $22.00/hr $28.00/hr $28.18/hr
Vehicle & Supplies $ 5.00/hr $25.00/hr $18.00/hr $14.00/hr $ 8.75/hr
5. Estimated Monthly
Amount $4560.00/nro $5624.00/nro $6400.00/rno $7680.00/nro $8907.20/nro
6. Estimated Animal
Cost $54720.00 $67488.00 $76800.00 $92160.00 $106886.40
The unit rate basis of award proposed will allow the City to make adjustments in the
level of services provided as necessary to maintain the streets and rights-of-way. The
City has historically required approximately 320 man-hours per month to provide the
necessary level of service.
Staff recommends that City Council award the bid to Desert Janitor Co. of Palm Springs,
California, as the lowest responsible, responsive bidder. The principal of the firm is John
F. Lands, President. Desert Janitor is currently providing roadside maintenance service
to the City under an agreement approved by Council in 1998.
Funds are available for this purpose in Account No. 001-4240-43200, Street Cleaning
Contractual Services.
APPROVED:
HAROLD E. GOOD, CPPO DAVID J. BARAKIAN v
Procurement Manager City Engineer
APPRO D --��r �
City Manager
ATTACHMENTS:
1. Minute Order
2. Contract for Road Maintenance Services
REVIEWED BY DEPT.OF FINANCE
CITY OF PALM SPRINGS
Engineering Division
CONTRACT SERVICES AGREEMENT FOR
ROADSIDE MAINTENANCE
TIIIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this
day of 20 by and between the CITY OF PALM SPRINGS, a municipal
corporation, (herein "City") and Desert Janitor Co. (herein "Contractor"). (The term Contractor includes
professionals performing in a consulting capacity.) The parties hereto agree as follows:
1,0 SERVICES OF CONTRACTOR
1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which services may be referred to herein as the "services" or "work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants
that Contractor is a provider of fast class work and services and Contractor is experienced in performing the work
and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the please "highest
professional standards" shall mean those standards of practice recognized by one or more fist-class firms
performing shi lar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or
bid which shall be incmporated herein by this reference as though fully set forth herein. hi the event of any
inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, ides, and regulations of the City and any Federal, State or local
govemmniental agency having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and
expense such licenses,permits and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor 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 Contractor's
performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against
any such fees,assessments,taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor
(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered
]now 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, Contractor warrants
that Contractor has or will investigate the site and is or will be Lally acquainted with the conditions there existing,
prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,
which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City
of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract
Officer.
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1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work,and the equipment,materials,papers,documents,plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages,
to persons or property, Lentil acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both 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. Unless hereafter specified, neither party shall be responsible for the service of the
other.
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 said work. No such extra work may be undertaken Unless a
written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the
Contract Stun, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the
Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City
Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
1.9 Special Requirements. Additional terns and conditions of this Agreement, if any, which
are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of a conflict between the provisions ofExhibit"B" and any other provisions of
this Agreement,the provisions of Exhibit"B" shall govern.
2.0 COMPENSATION
2.1 Contract Stun. For the services rendered pursuant to this Agreement, the Contractor shall
be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated
herein by this reference, but not exceeding the maximum contract amount of
($_109,440.00_j (herein "Contract Senn"), except as provided in Section 1.8. The method of compensation may
include: (i) a lump stun payment upon completion, (ii) payment in accordance with the percentage of completion of
the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of
Compensation, but not exceeding the Contract Stun or (iv) such other methods as may be specified in the Schedule
of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction
costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other
expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any
additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation,
in any month in which Contractor wishes to receive payment,no later than the fast (Ist)working day of such month,
Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services
rendered prior to the dale of the invoice. Except as provided in Section 7.3, City shall pay Contractor for till
expenses slated thereon which are approved by City pursuant to this Agreement no later than the last working day of
the month.
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3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within Die time period(s)
established in the "Schedule of Performance" attached hereto as Exhibit "D" if any, and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, spikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the
Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be, entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being
extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year
from the date hereof,except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contactor authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
John F.Lands
President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals
shall be responsible during the terni of this Agreement for directing all activities of Contactor and devoting
sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of City.
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4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the
City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed
of the progress of the performance of the services and the Contractor shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall
mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf
of the City required hereunder to carry out the terns of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to
enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or enemnbered vol ntarily
or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder 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 Contractor, 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 the Contractor or any suety of Contractor of any
liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located
within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with
offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts
to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required.
In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the
Contractor shall submit evidence to tine City that such good faith efforts have been made or that no Local
Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing
advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor
shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any control
over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set for0n herein. City shall have no voice in the selection, discharge, supervision or control of
Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of
service. Contractor shall perform all services required herein as an independent contractor of City and shall remain
at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor
in its business or otherwise or ajoint venturer or a member of anyjoint enterprise with Contractor.
5.0 INSURANCE,INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a
form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the
following policies of insurance:
(a) Comprehensive General Liability Insurance A policy of comprehensive general
liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than
either (i) a combined single limit of$1,000,000 for bodily injury, death and property damage or (ii) bodily injury
limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and
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property damage limits of $500,000 per occurrence. If the Contract Stun is greater than $100,000, the policy of
insurance shall be in an amount not less than$5,000,000 combated single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and
provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any
injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in
the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance
written on a per occurrence basis in air amount not less than either (i) bodily injury liability limits of$500,000 per
person and $1,000,000 per occurrence and property damage liability limits of$250,000 per occurrence and $500,000
in the aggregate or (ii) combined single limit liability of$1,000,000. Said policy shall include coverage for owned,
nonowned,leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional
liability insurance,as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its officers,
employees and agents as additional insureds, except that the City shall not be named as an additional insured for the
Worker's Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and their respective
insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without
providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of
insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall
commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
All certificates shall name the City as additional insured (providing the appropriate endorsement), be signed
by an authorized agent of the insurer,and shall contain the following"cancellation" notice:
"CANCELLATION Should any of the above described policies be cancelled before the expiration date
thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named
herein."
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way
the extent to which the Contractor may be held responsible for the payment of damages to any persons or property
resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is
otherwise responsible.
In the event the Contractor subcontracts any portion of the work hi compliance with Section 4.3 of this
Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain
the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to rode to fy the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or properly, losses, costs, penalties, obligations,errors, omissions or liabilities, (herein "claims
or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or
invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from
Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this
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Agreement, whether or not there is concurrent passive or active negligence on the pail of the City, its officers, agents
or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the
City, its officers, agents or employees,who are directly responsible to the City,and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in
connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent
performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor
agrees to save and hold the City,its officers,agents,and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in
connection with the negligent performance of or failure to perform the work, operation or activities of Contractor
hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses
incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to,
legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall
deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City
Clerk,which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract
Officer. The bond shall contain the original notarized signature of an authorized officer of the surely and affixed
thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terns and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent
edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better,unless such requirements are waived by the City Manager or designee of the City ("City
Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that
the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed
accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall
have the right to appeal a determination of increased coverage by the City Manager to the City Council of City
within ten(10)days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.
Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be
performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any
facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or
services contemplated herein or, if Contractor is providing design services, the cost of the project being designed,
Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated
increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
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6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and
records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have lull and free access to such books and
records at all times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event any audit is
required.
6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and
other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon
the termination of this Agreement, and Contractor shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without
specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and
tine City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such
documents for its own use. Contractor shall have am unrestricted right to use tine concepts embodied therein. All
subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in tine event
Contractor fails to secure such assignment,Contractor shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents. Tine drawings, specifications, reports, records, documents and
other materials prepared by Contractor in the performance of services under this Agreement shall not be released
publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of tine parties in accordance with tine laws of the State of California. Legal actions concerning
any dispute,claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants
and agrees to submit to the personal jurisdiction of such tout in tine event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall
notify tine injuring party in writing of its contentions by submitting a claim therefor. Tine injured party shall continue
performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)
days of service of such notice and completes the cure of such default within fortytive (45) days after service of the
notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate
danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the
provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal
action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement
without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be
in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered
by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions
in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is
made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist
which shall appear to be the basis for a claim of lien, City may withhold from any payment due,without liability for
interest because of such withholding,an amount sufficient to cover such claim. The failure of City to exercise such
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right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnity, and
protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a mondefaulting
party on any default shall impair such tight or remedy or be construed as a waiver. A patty's consent to or approval
of any act by the other patty requiring the patty's consent or approval shall not be deemed to waive or render
utmecessaty the other patty's consent to or approval of any subsequent act. Any waiver by either patty of any
default must be in writing and shall not be a waiver of any other default contenting the same or any other provision
of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the patties are cumulative and the
exercise by either party of one or more of such tights 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 patty.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity, to cure, correct or remedy any default, to 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.
7.7 Liquidated Damages. Since the determination of achtal damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement,the Contractor and its sureties shall be liable for and shall pay to the City the sum of as
-0- ($ -0- )liquidated damages for each working day of delay in the performance of any
service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from
any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of
this Agreement except as specifically provided in the following Section for termination for cause. The City reserves
the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to
Contractor, except that where termination is due to the fault of the Conhfactor, the period of notice may be such
shorter time as may be determined by the Contract Officer In addition,the Contractor reserves the right to terminate
this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that
where termination is due to the fault of the City,the period of notice may be such shorter time as the Contractor may
determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder
except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of
the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3.
In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of termination without cause
pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to
cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be
liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City
as previously stated.
r52k96/09999J-300N2160684.2 6/14/'J6 50A
�1
FS2M6:099999-
It
7.10 Attomeys'Fees. If either party to this Agreement is required to initiate or defend or made
a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled
to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on cormnencennent of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES:NONDISCREVIINATION
8.1 Nonliability of City Officers and Employees. No officer or employee of the City shall be
personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or
for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any fmancial interest,
direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects his financial interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor
warrants that it has not paid or given and will not pay or give any thud party any money or other consideration for
obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national
origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard to their race, color, creed,
religion,sex,marital status,national origin,or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing and either served
personally or sent by prepaid, firstelass mail, in the case of the City, to the City Manager and to the attention of the
Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743,Palm Springs, California 92263, and in the case of the
Contractor, to the person at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in sevemylwo (72) hours from the time of mailing if mailed as
provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which night otherwise apply.
9.3 Integration Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in
writing. r
P62/296/099999-/01/980/2 001606842 6/14/96
Revised:09 /
9
9.4 Severability. In the event that any one or more of the phases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, such invalidity or uneriorceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to cant' out the intent of the pasties hereunder 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.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound.
IN WITNESS WF]EREOF, the parties have executed and entered into this Agreement as of the date fast written
above.
CITY OF PALM SPRINGS,
ATTEST: a municipal corporation
By: City
City Clerk Manager
(Check one: _hidividual_ Partnership
APPROVED AS TO FORM: _Corporation)
CONTRACTOR:
City Attorney
(NOTARIZED)
By:
Signature
Print Name&Title
(NOTARIZED)
By:
Signature
Print Name&Title
Mailing Address: 100 Sunrise Way South,#310
(Corporations require two signatures: One from each of the Palm Springs,CA 92262
following- A. Chairman of Board,President,any Vice President:
AND B. Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer,or Chief Financial Officer)
(END OF SIGNATURES)
FS2/29/n9 9-
69/01/98 W0/21606Y4.26/14/96 0 ;rfi/3
R,S2/27
10
EXHIBIT "A"
SCOPE OF SERVICES
1. SCOPE OF WORK: Maintain six (6) assigned street routes (Exhibit "A-Vattached) located within
the City of Palm Springs, by policing and litter pick-up to remove paper, glass, trash, undesirable
materials, vegetation, and other accumulated debris from City streets and rights-of-way; from
centerline of road to 10 feet off of road edge in both directions. All routes should be completed once
during each five (5) day work week.
Perform a City-wide pahn frond route when directed by the Contract Officer or his designee.
During normal work hours, respond within thirty (30) minutes to radio, pager, or telephone requests
from the City's Street Maintenance staff to remove debris or vegetation that is located in the streets or
rights-of-way from events such as traffic accidents, illegal dumping, paint , diesel and oil spills,
downed trees, vegetation, and rain and wind storms. The Contractor must be prepared to respond to
changing work assignments. An example is: being pulled off of an assigned route to respond to a
request by the Contract Officer, or his designee, to pick up an abandoned mattress or appliance, etc.,
and then immediately return to the previous assignment.
Contractor shall maintain a log sheet of daily activities and hours worked that is turned in to the
City's Street Supervisor at the end of the work shift (log sheets will be provided by the Contract
Officer). Contractor shall provide phone number,pager number for all personnel on"Call-Out"list.
2. PERSONNEL: Roadside Maintenance Crew shall consist of two-person crew, both capable of lifting
up to 100 lbs in weight. The lead worker of each crew must be able to understand, read, and write
English, possess an appropriate valid California Driver's License, and have knowledge of how to use
the equipment listed below. One of the crew members will be designated as a lead worker and will be
the primary point of contact to receive and implement instructions. Within 60 days of contract
implementation a minimum of one individual member of the crew on duty must possess a certificate
of training in Work Zone Traffic Control, the certificate must be issued by the International
Municipal Signal Association, the University of California Institute of Transportation Studies or an
equivalent training program approved by the City. The Contractor will be responsible for any cost
associated with traffic Control Certification, To provide for continuity, rotation of individuals
assigned to this program must be held to a minium.
The City may, at it's sole discretion, direct or allow the Contractor to use a single person to provide
the required services. Such work, when authorized by die City, will be governed by the rates
proposed in Schedule "A" (or in the case of an emergency, by Schedule"B"). Except when directed
otherwise,the Contractor will be required to provide a 2-man crew.
3. MINIMUM EQUIPMENT NEEDED:A four wheel drive vehicle equipped with a flashing arrow sign
(FAS), and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than
10 feet long, five feet wide, with side boards at least five feet high. Anticipated mileage is in excess
of 2,000 miles per month.
JOIA
11 I�
Small hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed-
eaters, and safety equipment, are required.
Radio and Pager will be provided by the City. Contractor will be held responsible for loss and/or
damage of equipment provided by the city.
4. WASTE DISPOSAL: The City will be responsible for disposal of waste material collected by the
Contractor and no fee should be included in the bid for dump fees. The Contractor will be
responsible for sorting of material into the proper bins provided at the City Corporate Yard, located at
425 North Civic Drive, Palm Springs. Should the Contractor fail to dump the collected materials
into the proper bins, Contractor will be responsible for payment of dump fees for the contaminated
bin and repeat offenses could result in the Contractor becoming responsible for his own disposal
arrangements, or termination of the Contract.
EMMIT"A"
TO CONTRACT SERVICES AGREEMENT
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12
Palm Can} . Dr Vista Chino uene nuuiy .,.�
Gateway Dr Hwy 111 Las Vegas Rd
Las Vegas Rd Indian Canyon Dr Gateway Dr
Tramview Rd Indian Canyon Dr West End
Racquet Club Rd Hermosa Rd & Bike Path Sunrise Wy
ROUTE 3
Vista Chino Gene Autry Whitewater Wash
E1 Mirador Ave Caballeros Sunrise Wy
Tachevah Dr Ave Caballeros Sunrise Wy
Amado Rd Calle E1 Segundo Sunrise Wy
Baristo Rd E1 Cielo Farrell Dr
ROUTE 4
La Mirada At Sunny Dunes Rd
Ramon Rd La Mirada Belardo Rd
Crossley Rd Ramon Rd Avenue 34
E1 Cielo Rd Escoba Rd & Bike Path Sunny Dunes Rd
Ramon Rd E1 Cielo (including Medians) San Luis Rey
Ramon Rd San Luis Rey (So. Side only) Ramon Bridge
Mesquite Rd Vella Rd Dinah Shore Bridge
San Luis Rey Mesquite Rd Ramon Rd
SunnyDunes Rd Gene Autry Trl Crossley Rd
SkyPoint Crossley Rd . San Luis Rey
SkyPoint Ramon Rd SkyPoint
Camino Parocella San Luis Rey Gene Autry Trl
Indian Springs Crossley Rd Rio Blanco
Rio Blanco Indian Springs San Luis Rey
Public Rd SunnyDunes Rd Camno Parocella
Vella Rd (W. Side only) SunnyDunes Rd Mesquite Rd
ROUTE 5
S.-Palm-'Canyon Dr E. Palm Canyon Dr South End
Belardo Rd Alejo Rd � Sunny Dunes Rd
SunnyDunes Rd S. Palm Cnyn Dr Belardo Rd
Alejo Rd Palm Springs Airport Vine Rd
Mesquite Av S. Palm:Cnyn Dr West End
Bogert Trl S. Palm!Canyon Dr BogertTrl.Brdg
LaVerne Wy Camino Real (South side) CallePaloFierro
ROUTE 6
Farrell Dr Tamarisk Rd Vista Chino
Sunrise Wy North End Vista Chino
Ave Caballeros Racquet Club Road Via Escuela
Ave Caballeros Alejo Rd Saturnino Rd
Calle Encilia Alejo Rd Ramon Rd
Calle El Segundo Alejo Rd Ramon Rd
ROUTE 8
Indian Canyon Dr Vista Chino Interstate 10
Indian Canyon Dr(W.Side only) Interstate 10 18th Ave
Garnet Rd. East End W.City Limits
20th Avenue W.City Limits Indian Cnyn Dr
Dillon Rd Melissa In Diablo Rd
Tipton •Rd Hwy III Interstate 10
Wendy Rd Tipton Rd North End
Salvia Rd West End East End
Gene Autry Trl(Palm Dr.) Interstate 10 Vista Chino
Executive Dr Vista Chino Via Escuela
Via Escuela Executive Dr (North side) Whitewater Club
Palm Frond Route
To be completed as instructed by Supervisor; usually following adverse wee
conditions (i.e.) wind, rain, etc.
Palm Cnyn Dr Gateway Farrell Dr
Indian Cnyn Dr Vista Chino Ramon Rd
Tahquitz Cnyn Wy Palm Cnyn Dr E1 Cielo
Cerritos Dr Ramon Rd Cano Parocella
Camono Parocella Cerritos Dr Sunrise Wy
Frontage Rd Camino Parocella Cerritos Dr
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- : -
ifl
OMNI
EXI-IIBIT"B"
SPECIAL REQUIREMENTS
LICENSE REQUIREMENT: Contractor shall possess a valid City Business License throughout the term
of this agreement.
Section 3.4 Term shall be revised to a two year tenn for this agreement.
EM41BIT"B"
13
EXI-MIT"C'
SCHEDULE OF COMPENSATION
SCHEDULE A: Rate for Roadside Maintenance work for vehicle, lead worker, and worker, including all
equipment, supplies,insurance,uniforms and other associated costs:
Lead Worker $12.75 per hour
Worker $10.75 per hour
Vehicle and Supplies $ 5.00 per hour
2-man crew plus vehicle (based on 160 hrs/nionth). . . . .$4,560.00 per month
SCHEDULE —B Rate for emergency call-out for vehicle, lead worker and worker, including all
equipment, supplies,insurance,uniforms and other associated costs:
Lead Worker- Overtime $19.12 per hour
Lead Worker- Holiday $25.50 per hour
Worker- Overtime $16.12 per hour
Worker- Holiday $21.50 per hour
Vehicle and Supplies $ 5.00 per hour
(overtime and holiday)
Invoices shall be submitted to the Contract Officer for approval. Contractor shall bill City monthly using
the number of hours worked as the basis for payment. Individuals assigned to this program shall, in
addition to daily log sheets, record hours worked on a daily basis at the direction of the Contract Officer
and submit to City upon request.
EX[IIBIT"C" P70\4
FSI/176m99999-3000rzlW684 z6n'M CONTRACT SERVICES AGREEMENT
Rwittd 09/01/98
15
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
WORK HOURS: Regular work hours consist of 7:00 A.M. to 3:30 P.M. Monday through Friday. Any
hours worked other than the regularly scheduled hours are considered "emergency call-out" hours, and
will be only at the direction of the Contract Officer.
Emergency call-out hours may be necessary in the case of downed trees, stonn debris in rights-of-way, or
any condition endangering the safety of the public. The Contractor must respond to an emergency call-
out within one (1) hour. Hours worked on an emergency basis will be logged in the same way as regular
hours, and will be indicated on the Contractor's invoice as "emergency call-out hours".
Except in the case of an emergency call-out, there will be no work scheduled on days that the City is
closed for holidays: New Year's Day, Martin Luther King Jr. Day, Lincoln's Birthday, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the day
after, Christmas Eve Day, Christmas Day and New Year's Day.
ab
ax99-3000/21 aoexaz61i CONTRACT SERVICES AGREEMENT
a�,Ms�n 0e/01/m/9x
16
,
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
r i ,
(2015.5.C.C.P)
r
r
STATE OF CALIFORNIA
Comity of Riverside
---------------------------------------------
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen ---------------------------------------__-_---
years,and not a party to or interested in the No.651/
CITY OF PALM SPRINGS, CALIFORNIA
above-entitled matter.I am the principal clerk of a INVITATION FOR BIDS
printer of the,DESERT SUN PUBLISHING IFB of-oe
P NOTICE IS HEREBY GIVEN that the City of Palm
COMPANY a newspaper of general circulation, Springs, California is soliciting bids from qualified
m fils for the following
printed and published in the city of Palm Springs, Provide roadside maintenance on six assigned
sheet routes located wdhm y poi the City by
County of Riverside,and which newspaper has been and later pick-up to remove paper, glass, mash,
undesirable material, vegetation, and other accu-
ad,judged a newspaper of general circulation by the mutated debris from City she and right-of-
Su Superior Court of the County of Riverside State of ways, from centerline of road to 0 feat orr of
p ty > road edc�Ie in both directions
California under the date of March 24,1988.Case Bids will be received rinhl 3 00 P M Local Time,
Wednesday, November 22, 2000, ar he office of
Number 191236;that the notice,of which the the Procurement Manager,3200 Tahqudz Canyon
Drive, Palm Springs, CA, at which time they will
annexed is a printed copy(set in type not smaller be publicly opened and read in the Procurement
Office Said Bids will be referred to the City
than non pariel,has been published in each regular Council for consideration of their next regularly
and entire issue of said newspaper and not in any No Did ewilll bet considered unless it is made on
supplement thereof on the following dates,to wit: forms supplied by the City.
Complete specifications may be obtained from
the off ice of the Procurement Manager,3200 Tah-
qu dz Canyon Way, Palm S'rnnays, CA 92262, or
November Sth by ncc telephoning (76S320-8209 Specdreafionswill bo - -
at
----------------------_---------------------------------------- TheCity mailed m no charge
The of Palm Springs reserves the right to re-
ject any or all Bids and to waive any Informality or
techrncal defect in a Bid.
-----_--------------------------------------------------------- It rs the responsibility of the Bidder to see that
any Bid sent through the mail shall have sufficient
time to be received by the Procurement Office
Pier to Bid opening time. Late Bids will be re-
All 111 tilt year 2000 turnccl to the Bidder unopened Mailing Address:
City of Palm SKInus,Office of Procurement Man-
a�er, P.O Box 2/43, Palm Springs, CA
I certifyor declare under penalty of perjury that the V263-2i43.
( p y p 1 ry The receiving time In the Procurement Office will
foregoing is true and correct. be the governing hive for acceptability of Bids.
$Yh Telegraphic and telephonic Bids will not be lo-
colones
/s/Harold E Good, CPPO
Dated at Palm Springs,California this--------------day Procurement Manager
November DATE November 6, 2000
PUB: November 8, 2000
4--ji
Signature
MINUTE ORDER NO.
AWARDING CONTRACT FOR ROAD MAINTENANCE
SERVICES TO DESERT JANITOR CO., FOR AN ESTEVIATED
AMOUNT OF $4,560.00 A MONTH, FOR A 2-YEAR TERM.
IFB NO. 01-08
- - - - - - - - - - - - -
I HEREBY CERTIFY that this Minute Order awarding contract for road maintenance services
to Desert Janitor Co., for an estimated amount of$4,560 00 a month, for a 2-year term, IFB
No. 01-08, was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 3"' day of January, 2001.
PATRICIA A. SANDERS
City Cleric