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`'FOR`'% City Council Staff Report
Date: January 18, 2017 CONSENT CALENDAR
Subject: APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG)
REGARDING STREET SWEEPING ON STATE HIGHWAY 111
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
This action will approve a new Memorandum of Understanding with the Coachella
Valley Association of Governments ("CVAG') to facilitate street sweeping on State
Highway 111.
RECOMMENDATION:
1) Approve a Memorandum of Understanding Regarding Reimbursement for Street
Sweeping of State Highways with the Coachella Valley Association of
Governments and the City of Palm Springs, Agreement No. ; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On October 16, 1991 , the City Council approved an agreement (Agreement No. 3043)
with the California Department of Transportation ("Caltrans") superseding a prior
agreement (Agreement No. 2101) to provide for the City's performance of particular
maintenance functions along the newly realigned route of State Highway 111 through
the City of Palm Springs. Specifically, Section H "Delegation of Maintenance' of
Agreement No. 3043 requires that the City perform street sweeping along State
Highway 111 (along N. Palm Canyon Dr., Vista Chino, Gene Autry Trail, and E. Palm
Canyon Dr.). The City is required to provide street sweeping of 23.7 curb miles for
which Caltrans will reimburse the City the actual cost, not to exceed $21.30 per curb
mile; a copy of the Caltrans agreement is included as Attachment 1.
REM NO.1 •N• _,
City Council Staff Report
January 18, 2017- Page 2
Approve CVAG Street Sweeping MOU
In 2005, CVAG implemented its regional PM 10 Street Sweeping Program, which
included street sweeping of major arterials and State Highway 111 in the City of Palm
Springs. In February 2005, the City and CVAG entered into a Memorandum of
Understanding ("MOU") regarding CVAG's Regional PM10 Street Sweeping Program
on State Highway 111. Pursuant to the February 2005 MOU, CVAG's street sweeping
contractor, CleanStreet, would invoice the City for street sweeping services on State
Highway 111 at the . Caltrans reimbursable rate of $21.30 per curb mile, and
subsequently, Caltrans would reimburse the City this cost. CVAG was responsible for
any additional cost not covered by Caltrans, and paid this cost directly to its contractor,
CleanStreet. A copy of the February 2005 MOU is included as Attachment 2.
The February 2005 MOU was written at that time with specific reference to CVAG's
street sweeping contractor, CleanStreet, with whom CVAG has maintained a contract
since 2005 through 2016. It also required CleanStreet to invoice the City at the Caltrans
reimbursement rate, and CVAG for the differential between the CVAG and Caltrans
reimbursement rates.
In 2016, CVAG entered into a new contract for street sweeping with M&M Sweeping,
Inc. Accordingly, staff recommends that the February 2005 MOU with CVAG be
replaced with a new MOU to eliminate specific reference to a street sweeping
contractor. The new MOU also amends the billing procedure to more effectively
administer the contractual relationship between the City and Caltrans, the City and
CVAG, and CVAG and its street sweeping contractor. Moving forward, CVAG will
submit billing invoices to the City for street sweeping performed on State Highway 111
at the Caltrans reimbursement rate of $21.30 per curb mile, for which the City will
continue to receive reimbursement directly from Caltrans. At the December 5, 2016,
Executive Committee, CVAG approved the new MOU; a copy of the new MOU is
included as Attachment 3.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to approve a MOU with CVAG to facilitate billing
and reimbursement of costs associated with street sweeping, and is exempt from CEQA
pursuant to Section 15378(b), in that a "Project" does not include: (5) Organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment.
02
City Council Staff Report
January 18, 2017- Page 3
Approve CVAG Street Sweeping MOU
FISCAL IMPACT:
There is no change to costs incurred by the City for street sweeping services; the new
MOU continues to provide for CVAG's street sweeping of State Highway 111 and
maintains a cost to the City equal to the rate the City is reimbursed by Caltrans.
SUBMITTED
Marcus L. Fuller, MPA, P.E., P.L.S. DavidZEady, Esq., P .
Assistant City Manager/City Engineer City Manager
Attachment:
1 . Caltrans Maintenance Agreement
2. February 2005 CVAG MOU
3. New CVAG MOU
03
Attachment 1
04
State Dept of Transportation
Maintenance of State Highway
(Supercedes A2101 & Amend #1)
AGREEMENT #3042
M04878, 10-16-91
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY
OF PALM SPRINGS
THIS, A121 EMENT, made and executed in duplicate this / day
of (_- ter%-t-z4- , 1991, by and between the State of California,
acting by and through the Department of Transportation,
hereinafter referred to as "STATE" and the City of Palm Springs
hereinafter referred to as "CITY" .
W I T N E S S E T H
A. RECITALS:
The Parties desire to provide for the CITY to perform
particular maintenance functions on the State highway within
the CITY as provided in Section 130 of the Streets and
Highways Code.
B. AGREEMENT:
This Agreement shall supersede any previous AGREEMENT FOR
MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF PALM SPRINGS
and/or AMENDMENTS thereto with the CITY. i)
In consideration of the mutual covenants and promises herein
contained, it is agreed:
The CITY will perform such maintenance work as is
specifically delegated to it, on the State highway routes or
portions hereof all as hereinafter described under section II
hereof or as said Section may be subsequently modified with
the consent of the parties hereto acting by and through
their authorized representative.
C. MAINTENANCE DEFINED:
Maintenance is defined in Section 27 of the Streets and
Highways Code as follows:
Sec. 27. " (a) The preservation and keeping of rights of
way, and each type of roadway, structure,
safety convenience or device, planting,
illumination equipment and other facility, in
the safe and usable condition to which it has
been improved or constructed, but does not
include reconstruction, or other improvement.
" (b) Operation of special safety conveniences and
devices, and illuminating equipment.
" (c) The special or emergency maintenance or
repair necessitated by accidents or by storms
or other weather conditions, slides,
settlements or other unusual or unexpected
damage to a roadway, structure or facility. "
D. DEGREE OF MAINTENANCE:
The degree or extent of maintenance work to be performed and
the standards therefor shall be in accordance with the
provisions of section 27 of the Streets and Highways Code,
as set forth in the current edition of the State Maintenance
Manual (a copy of which has been provided to the CITY) , or
as may be prescribed from time to time by the District
Director. "District Director, " as used herein, means the
District Director of the Department of Transportation
assigned to the territory in which the CITY is located, or
his authorized representative.
The STATE reserves the option to check at random all areas
of State highways maintained by the CITY to assure
conformance to maintenance levels. Failure of the CITY to
comply with the maintenance levels would be reason to
terminate this Agreement as specified under Section J "Term
of Agreement. " However, this random check does not preempt
the CITY'S maintenance responsibilities as spelled out in
the Agreement.
An encroachment permit will be required for third parties
when maintenance work is redelegated. Such redelegated work
shall be performed to the same levels of service as spelled
out herein and will be subject to the same random checks as
provided for work performed directly by CITY forces.
The level of service of maintenance in each of the programs
delegated to the CITY has been considered in setting
authorized total and route dollar amounts. The CITY may
perform additional work if desired but the STATE will not
reimburse the CITY for any work in excess of authorized
dollars. The District Director may authorize adjustments
needed because of inflation or changes in program emphasis.
E. LEGAL RELATIONS AND RESPONSIBILITIES:
Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties
not parties to this contract or affect the legal liability
of either party to the contract by imposing any standard of
care respecting the maintenance of State Highways different
from the standard of care imposed by law.
06
It is understood and agreed that neither the STATE nor any
officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to
be done by the CITY under or in connection with any work,
authority or jurisdiction delegated to the CITY under this
agreement. It is understood and agreed that pursuant to
Government Code section 895 .4 CITY shall defend, indemnify
and save harmless the State of California, all officers and
employees from all claims, suits or actions of every name,
kind and description brought for or on account of injuries
to or death of any person or damage to property resulting
from anything done or omitted to be done by the CITY under
or in connection with any work, authority or jurisdiction
delegated to the CITY under this Agreement.
It is understood and agreed that neither the CITY nor any
officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to
be done by the STATE under or in connection with any work,
authority or jurisdiction delegated to the STATE under this
Agreement. It is understood and agreed that pursuant to
Government Code section 895. 4 STATE shall defend, indemnify
and save harmless the CITY, all officers and employees from
all claims, suits or actions of every name, kind and
description brought for or on account of injuries to or
death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction
delegated to the STATE under this Agreement.
P. MAINTENANCE FUNCTIONS :
The CITY shall perform only those maintenance functions
delegated, as identified, in Section H (DELEGATION OF
MAINTENANCE) of this Agreement.
A brief description of those maintenance functions delegated
to the CITY are included in this section. The functions are
identified by the Caltrans HM Program Codes.
HM2C SLOPES/DRAINAGE/VEGETATION
This provides for cleaning, maintaining, and repairing
culverts, ditches, drains, (including down and under;
bubblers) , structures, curbs, sidewalks (excluding
meandering, decorative or colored sidewalks) and other
appurtenances between the roadbed and the outer highway
right-of-way boundary line. It also includes weed and brush
control by chemical, biological or mechanical methods,
trimming and removal of trees and pest control, and periodic
reconditioning of trees by pruning and topping to eliminate
hazardous conditions.
07
HM2D LITTER/DEBRIS
This provides for removal of litter and debris from roadway
surfaces and roadsides, including sweeping.
G. EXPENDITURE AUTHORIZATION:
The STATE will reimburse the CITY for actual cost of all
routine maintenance work performed by CITY as delegated
under Section H of this Agreement, but it is agreed that
during any fiscal year, the maximum expenditure on any route
shall not exceed the amount as shown on Section H of this
Agreement, unless such expenditure is revised by an amended
Agreement or otherwise adjusted or modified as hereinafter
provided for.
A new "DELEGATION OF MAINTENANCE" sheet (Section H) will be
provided annually by the STATE for the ensuing fiscal year,
if necessary, to ensure equitable annual cost.
The expenditure per route for routine maintenance work as
referred to above may be increased or decreased,
redistributed between routes, or additional expenditures for
specific projects costing $5, 000 or less may be made, when
such adjustment of expenditures for routine maintenance or
such specific work is authorized in writing by the District
➢irector or his authorized representative. Expenditures for
specific projects costing in excess of the above amount may
be made when such specific work is authorized in writing by
the District Director with prior approval from the Chief,
Division of Highway Maintenance at Headquarters.
Additional expenditures or adjustment of expenditures thus
authorized shall apply during the fiscal year designated
therein and shall not be deemed to permanently modify or
change the basic maximum expenditure per route as
hereinafter specified. An adjustment of the said maximum
expenditure, either increase or decrease, shall not affect
other terms of the Agreement.
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below is hereby
delegated to the CITY. This delegation of maintenance
function set forth herein does not include areas and
functions of which the control and maintenance rest with the
local authority under the terms of Freeway Agreements and/or
Freeway Maintenance Agreements.
08
MAXIMUM
ANNUAL
ROUTE LENGTH DESCRIPTION PROGRAM AUTHORIZED
NO. MILES OF ROUTING DELEGATED EXPENDITURE
III Approx. 8.8 Palm Canyon Dr.
from south City
Limits to Gene
Autry Trail. North
on Gene Autry Trail
to Vista Chino.
West on Vista Chino
to North Palm Canyon
Drive. North Pa1n
Canyon Drive to HM2C $ 5,700.00
north City Limits. HM2D 49,900.00
TOTAL AUTHORIZED EXPENDITURE $55,600. 00
* Includes $23, 600 for additional cleanup during windy season.
Average of 16 days a year. Verification by STATES 'S Highway Area
Superintendent necessary before beginning special cleanup.
SWEEPING SCHEDULE - ROUTE 111
Route Curb Miles Number of
Location Limits Per Sweeping Sweepings
S. Palm Cyn. Dr. S. City Limits
to Gene Autry Trl. 0. 98 1 per week
Gene Autry Trl. S. Palm Cyn. Dr. to
Gene Autry Br, 1.27 1 per week
Gene Autry Trl_ Gene Autry Br.
to Vista Chino 11.82 3 per week
Vista Chino Gene Autry Trail
to Farrell Dr. 1. 02 3 per week
Vista Chino Farrell Dr. to
N. Palm Cyn. Dr. 2. 57 1 per week
N. Palm Cyn. Dr. Vista Chino to
N. Palm Springs
City Limits 6. 0 1 per week
Sweeping, including pickup service, actual cost not to exceed
$21.30 per curb mile including markups and administrative
overhead.
09
MAXIMUM AMOUNT PER MONTH:
Sweeping
Route Length Per Month
ill 23.7 $504. 38
* Does not include special clean up.
I. SUBMISSION OF BILLS:
The CITY will submit bills in a consistent periodic sequence
(monthly, quarterly, semiannually, or annually) . Bills for
less than $500 shall not be submitted more than once each
quarter. Bills must be submitted promptly following close
of corresponding billing period and should be coded
according to the Caltrans HM Program Code as outlined in
this Agreement. Bills submitted for periods prior to the
last fiscal year will be deemed waived and not be honored.
Equipment shall be charged at mutually acceptable rental
rates and labor and material at actual cost. The CITY will
be allowed to recover overhead and administrative costs only
to the extent that such charges include applicable expenses
incurred by the CITY in the execution of the work. Said
factors and method shall be subject to approval by the
STATE.
Maintenance services provided by contract or on a unit-rate
basis with overhead costs included shall not have these
above-mentioned charges added again. An actual handling
charge for processing this type of bill will be allowed the
CITY.
Emergency and storm repairs performed by the CITY will be
paid for only with prior approval of the STATE's Highway
Superintendent of that specific area. In addition, the CITY
should immediately notify the STATE's Area Superintendent
for the area of any storm damage or other emergency
condition affecting the State Highway. The CITY shall
maintain, on a generally accepted accounting basis, complete
and accurate records that support all billings. These
records shall be made available to STATE representative for
review during normal business hours for a period of three
(3) years after payment of said billings.
10
J. TERM OF AGREEMENT:
This Agreement shall become effective November 1, 1991 and
shall remain in full force and effect until amended or
terminated.
The Agreement may be amended or terminated at any time upon
mutual consent of the parties thereto. This Agreement may
also be terminated by either party upon thirty (30) days
written notice to the other party.
11
: . 0 •
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
CITY OF PALM SPRINGS
City Clerk
*Approved as to form and STATE OF CALIFORNIA
procedure: DEPARTMENT OF TRANSPORTATION
ROBERT K. BEST
Attorney Director of Transportation
Department of Transportation
h(1 14 By (:Jjot4j�
City Attorney EMPuty District Director
By C�46
*May be deleted if not applicable.
Approval by States Attorney is not required unless changes are
made to this form, in which case the draft will be submitted for
Headquarters review and approval by States Attorney as to form
and procedure.
12
STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Co. ,
DEPARTMENT OF TRANSPORTATION
DISTRICT 8, P.O. BOX 231
SAN BERNARDINO, CALIFORNIA 92402
TDD (714) 383-4609
December 5, 1991
08-Riv-111-46.8-54-95
City Agrmt
08605-5T2000
Palm Springs
Jimmy S. Berryhill
streets and Facilities Manager
City of Palm Springs
P. O. Box 1786
Palm Springs, CA 92263-1786
Dear Mr. Berryhill:
Attached is a fully executed Agreement for Maintenance of
State Highway in the City of Palm Springs for relocated Route 111
and remaining portions of Palm Canyon Drive.
If you have any questions, please call (714) 383-4418.
Sincerely,
GREG B. RAMIREZ, P.E.
District Maintenance Engineer
Engineering/Administration
Attachment
DEC
13
Attachment 2
14
c
MEMORANDUM OF UNDERSTANDING
REGARDING REIMBURSEMENT OF DIFFERENTIAL
FOR STREET SWEEPING OF STATE HIGHWAYS
WITH THE CITY OF PALM SPRINGS
February 28, 2005
This Memorandum of Understanding(MOU)is made and entered into by and between the
Coachella Valley Association of Governments(CVAG) and the City of Palm Springs.
The purpose ofthis MOU is to document the parties'understanding of and responsibilities for
the reimbursementof funds forthe street sweeping of State Highways in the Coachella Valley
for those jurisdictions holding street sweeping agreements with Caltrans for those State
highways.
BACKGROUND
The Regional PM 10 Street Sweeping Program covers the portion of the State Highways that
run through the Coachella Valley. Thefollowing jurisdictions hold maintenance agreements
with Caltrans to provide sweeping services on the State Highways: Palm Springs, Palm
Desert, Indian Wells and Indio.
The rate of reimbursement from Caltrans varies perjurisdiction but has been determined to
be less than the curb mile cost for sweeping services in the regional program provided by
CleanStreet; per agreement with CVAG dated April 24, 2004.
PROCEDURES
CleanStreet shall invoice the City of Palm Springs for sweeping services on the State
Highways. The City of Palm Springs shall pay CleanStreet in the amount that is covered under
their Caltrans reimbursement agreement.
CleanStreet shall then invoice CVAG for the difference between the amount the City of Palm
Springs pay(Caltrans reimbursement)and the curb mile rate established in CVAG's contract
with CleanStreet for providing regional sweeping.
In addition to an invoice forthe difference,CleanStreet shall provide CVAG with a copy of the
invoice submitted to the City of Palm Springs and a copy of the jurisdiction's remittance.
In order for CVAG to remit or cover the exceeded reimbursable rate from Caltrans,the City
of Palm Springs shall provide CVAG with a copyof their currentcontract with Caltrans which
specifies sweeping services on the State Highways.
lig
CVAG shall track the process to prevent duplicate reimbursements.
MOU 2I28105-State Highway Sweeping Reimbursement with Palm Springs
3 "
CANCELLATION CLAUSE
This MOU shall continue in effect until or unless the funding source(Congestion Mitigation Air
Quality)is discontinued,orthe Coachella Valley PM 10 Program,as administered byCVAG,
shall be discontinued or CVAG,for whatever reason, is dissolved or otherwise disbanded,
whichever shall occur sooner.
PRINCIPAL POINTS OF CONTACT:
Coachella Valley Association of Governments: John Wohlmuth and/or Aurora Kerr
City of Palm Springs: David Ready and/or Dave Barakian
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as
of the day and year first shown above.
COACHELLA VALLEY ASSOCIATION ATTEST:
OF GOVER NTS f
Title: Chairma "Executiv;7irectorDate: D e:
CITY OF PALM SPRINGS
By: —�
Title: / i✓�s +',
Date: N c y A t°S
MOU 2128105-State Highway Sweeping Reimbursement with Palm Springs Page 2 of 2 16
Attachment 3
17
MEMORANDUM OF UNDERSTANDING
REGARDING REIMBURSEMENT FOR STREET SWEEPING
OF STATE HIGHWAYS WITH THE CITY OF PALM SPRINGS
Original MOU established February 28, 2005
Revised and Replaced December 5, 2016
This Memorandum of Understanding (MOU) is made and entered into by and between the
Coachella Valley Association of Governments(CVAG)and the City of Palm Springs. The purpose
of this MOU is to document the parties' understanding of and responsibilities for the
reimbursement of funds for the street sweeping of State Highway 111 within the City of Palm
Springs, for which the City holds a street sweeping agreement with Caltrans.
BACKGROUND
The CVAG Regional PM10 Street Sweeping Program covers the portion of the State Highway
111 which runs through the Coachella Valley. At Present, only the City of Palm Springs holds a
maintenance agreement with Caltrans to provide sweeping services for the State Highway section
within their City limits.
The rate of reimbursement from Caltrans was established for street sweeping to be a maximum
of$27,000 per year by agreement in 1994 and has not changed since that date. Caltrans requires
weekly sweeping on Highway 111. Translated to a unit rate, the Caltrans reimbursement of
$27,000 is equivalent to $21.301curb mile.
An MOU between CVAG and the City of Palm Springs was established in February of 2005 to
facilitate the inclusion of Highway 111 into CVAG's Regional PM10 Street Sweeping Program,
and to facilitate the reimbursement of Caltrans funds for this work.
The curb mile costs in CVAG's regional program have exceeded that amount by varying degrees
since the MOU was established. CVAG's Regional PM10 Program currently requires sweeping
once every two weeks.
Several changes in CVAG's Regional PM10 Street Sweeping Program, including a new
contractor, necessitated revising and replacing the original MOU.
PROCEDURES
CVAG's Regional PM10 Street Sweeping contractor shall invoice CVAG for weekly sweeping of
Highway 111 with the City of Palm Springs' limits at the current Regional PM10 contract curb mile
rate.
CVAG will then invoice the City of Palm Springs for that same mileage at the current Caltrans
reimbursement rate. CVAG will include a copy of the contractor's invoice for verification. In no
18
case will CVAG's invoices to the City of Palm Springs exceed the maximum annual
reimbursement amount allowed by Caltrans.
The City of Palm Springs agrees to provide CVAG with any updates to the Caltrans street
sweeping reimbursement rate.
CANCELLATION CLAUSE
This MOU shall continue in effect until or unless the Coachella Valley Regional PM10 Street
Sweeping Program, as administered by CVAG, shall be discontinued or the Caltrans street
sweeping reimbursement agreement with the City of Palm Springs is discontinued.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed as of
the day and year first shown above.
COACHELLA VALLEY ASSOCIATION ATTEST:
OF GOVERNMENTS
By: By:
Dana Reed, CVAG Chair Tom Kirk, CVAG Executive Director
CITY OF PALM SPRINGS
By:
Title
19
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