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HomeMy WebLinkAbout7/7/2004 - STAFF REPORTS (14) DATE: July 7, 2004 TO: City Council FROM: Director, Procurement & Contracting and Director of Public Works AWARD BID AND APPROVE CONTRACT FOR PEST CONTROL. RECOMMENDATION: It is recommended that the City Council award Bid (IFB) 04-02 and approve contract for Providing Pest Extermination and Control Services at various City of Palm Springs buildings/facilities to Riverside County Pest Control, Inc. for a 3 year period at monthly rates amounting to $732.00 and a contract not to exceed amount of $26,352.00. SUMMARY: The City requires regular pest extermination and control services in order to provide a healthy, pest free environment in City-owned buildings/facilities. The contractor shall provide pest extermination and control services, including rodent and pest control, inside designated City-owned buildings/facilities and outside areas adjacent to the designated buildings. Services shall be performed at least once per month at each of the (31) service locations. This action would award a bid for pest extermination and control services necessary to maintain a pest free environment in City-owned buildings/facilities. BACKGROUND: IFB No. 04-02 for Pest Extermination and Control Services was published in the Desert Sun June 8, 2004 and was mailed to or picked up by 24 firms. A walk through was conducted on June 17, 2004 and attended by 13 prospective bidders. Nine bids were received, opened and read publicly by the Procurement and Contracting Office at the bid opening time and date of 2:00 P.M., June 24, 2004. Results of this IFB are as follows: Contractor Total MonthlV Rate Contract Total Riverside County Pest Control $ 732 $ 26,352 Dewey Pest Control $ 909 $ 32,724 Fantastic Exterminators $1020 $ 36,720 Terminex $1420 $ 51,120 Powerful Pest Management $1765 $ 63,540 Antimite $2140 $ 77,040 BioTech Exterminators $2159 $ 77,724 Desert Valley Exterminators $2285 $ 82,260 Duran's Termite $3403 $122,508 The buildings to be treated for pests are located at various sites throughout the City, including the Fire Department Training Center, Palm Springs Stadium, Leisure Center, City Hall, Fire Station # 1 -5,Tennis Center,J.C.Frey Building, Police Department, Pavilion,J.O.J.D.H. Unity Center, Swim Center,Visitor's Center, McManus Village Buildings (4 bldgs), Library, City Corporate Yard, Cogen Muni Plant, Cogen Sunrise Plant, Palm Springs Skate Park, Downtown Parking Structure, Police SubStation,Welwood Library, Dog Park, Palm Springs Train Station, Palm Springs Animal Shelter. The Contractor will perform pest extermination and control services at least once a month at each service location. In addition to the monthly services,the Contractor shall be subject to call-back any time an indication of an infestation is noted, responding to call-back requests within 24 hours at no additional cost to the City. The terms of the contract allow the City to extend for two additional one year periods. Funds are available for the work to be performed in the following accounts: 001-2451-43200 - Facilities Maintenance, Contractual Services 520-5641-43200 - Park Maintenance, Contractual Services %16I HAROLD E. GOOD DAVID BARAKIAN Director of Procurement & Contracting Director of Public Works APPROVED: City Manager Attachments: Minute Order Contract Services Agreement REVIEWED BY DEn OF FINAKE CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Pest Extermination and Control Services THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Riverside County Pest Control Inc., (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 Scope 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 first 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 phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In 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, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses Permits, Fees and Assessments. Contractorshall 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 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, Contractor warrants that Contractor has or will investigate the site and is or will be fully 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. 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, t � and shall be responsible for all such damages,to persons or property, until 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 Sum, 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 terms 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 of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. 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 twenty six thousand three hundred fifty two Dollars, ($26,352.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum 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 Sum 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 first(1 st)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 date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. z 1 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 the 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 Majeure. Thetime 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, strikes,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 (Exhibit "D"). 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 Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Ron Suber Mark McGowan 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 term of this Agreement for directing all activities of Contractor 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. 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 terms 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 3 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 encumbered voluntarily 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 surety 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 the 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 forth 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 a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractorshall procure and maintain,at its sole costand 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) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) 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. 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, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. 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 person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify 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 property, 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 oromissions of Contractor hereunder,or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part 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 anyjudgment rendered againsttheCity, 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. � j 5 Ifne�'.' A 7 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 surety 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 terms 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, 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 Citywithin 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 notifythe 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 forthe project being designed. 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 full 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 the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6 � � 6.4 Release of Documents. The 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 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The 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 forty-five (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 right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning 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 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. 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 actual 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 _(Waived in Exhibit B) ($ ) as 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 exceptas specifically provided in the following Section fortermination 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 Contractor, 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. 7.10 Attorneys' 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. Attorneys 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 commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability 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 financial 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 third party any money or other consideration for obtaining this Agreement. 8 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under orthrough 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, first-class 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 seventy-two(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 might 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. 9.4 Severability. In the event that any one or more of the phrases, 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 unenforceability 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 carry out the intent of the parties 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. SIGNATURES ON NEXT PAGE 9 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By. City Attorney CONTRACTOR: Check one:_Individual_Partnership VCorporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President: AND B.Secretary,Assistant Secre/ttaQ/,Treasurer,Assistant Treasurer,or Chief Financial Officer), By By: Signature (notarized) Sign ure notarized) Name: Q��✓�.� /c// <a ��c � Name:� o" \p's -N Title: 0-/6f® Title: g-e� S. //� pp Address: •�7-'ln Z � � i fj Address: 7^ Z Co'i 1.L'_� State of State of 1-t-�v� ll County of �c.��.. o JL. �ss County of L_ � 1ss On_qZL��efore me,/�11114 U Ve/e�fll �IA I(1 ✓IR'VJ On .I Oc before me, V�' A-1,4 f2'e�'1.'��I L�1A/;V personally appeared ICOI/ fd l&& ��LV�-P-12- personally appeared d VL OVVW S { ee Ky personally known to me (or proved to me on the basis of personally known to me (or proved to me on the b sia satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. /l �1/� WITNESS my hand (and �offficial seal. / UAP Notary Signature:I- V r�G�JJ�LVZN ' Notary Signature: Notary Seal: Notary Seal: M L EEN RLIVAN R -- COMM.s 14OW4 MAUREEN SULUVAN wrmy MIMID•CMMK M111� COMM./1405274 GRANGE COUNTY "MARY gyp.�,�A COMM. .MARCH 13,2007 ORANGE COUNTY Comm. EX .MARCH 13,200 7 A11 EXHIBIT "A" SCOPE OF SERVICES The Contractor shall provide pest extermination and control services, including rodent and pest control, inside designated City-owned buildings/facilities and in outside areas adjacent to the designated buildings. Services shall be performed at least once per month at each service location. The Contractor and all of Contractor's personnel performing services hereunder shall possess all licenses required by the State of California to perform said services, including but not limited to the requirements of the Structural Pest Control Board and the Department of Pesticide Regulation. The Contractor agrees to provide the services in a safe manner in accordance with current pest elimination procedures to eliminate rodents and insects. The Contractor will provide all materials, supplies, equipment, personnel and supervision necessary to perform the required services. Material and methods of application used in the performance of such services shall conform to applicable federal, state and local laws and regulations. Prior to commencement of work, the Contractor shall furnish to the City's Contract Officer Material Safety Data Sheets for all chemicals to be used in the performance of the scope of work. In addition to the monthly service, the Contractor shall be subject to call-back any time an indication of an infestation is noted. The Contractor shall respond to call-back requests within twenty-four (24) hours at no additional cost to the City. Special inspections maybe requested by the City Representative, as needed. Any problems noted during the inspection shall be corrected within the following 24 hour period. Pests are defined as rodents (including rats, mice and squirrels), ants, mites, cockroaches, crickets, silverfish, spiders, fleas, scorpions and other crawling insects. Pests excluded from this contract include termites and other wood-destroying insects. All of Contractor's employees, representatives and officials shall be expected to maintain excellent relations with the public, City officials and employees. Any display of offensive, discourteous or rude behavior by any representative of the Contractor may be cause for contract termination. Use of alcoholic beverages by Contractor's representatives is prohibited, and representatives are prohibited from being on the premises under the influence of alcohol or any other substances. Pest extermination and control services shall be provided at all of the following City buildings/facilities: Building/Facility Address Est. Square Footage Fire Dept. Training Center 3000 E. Alejo Road 1,410 square feet Palm Springs Stadium 1901 E. Baristo Road 15,561 square feet Leisure Center 401 S. Pavilion Way 12,863 square feet City Hall 3200 E. Tahquitz Canyon Way 29,927 square feet Fire Station #1 277 N. Indian 5,054 square feet Fire Station #2 300 N. El Cielo Road 16,910 square feet Fire Station #3 590 E. Racquet Club Road 6,266 square feet Fire Station #4 1300 La Verne Way 5,380 square feet Fire Station #5 5800 Bolero Road 3,496 square feet Tennis Center 1300 E. Baristo Road 2,880 square feet J.C.Frey Building 1911 E. Baristo Road 4,584 square feet Police Department 200 S. Civic Drive 47,762 square feet Pavilion 403 S. Pavilion Way 20,200 square feet J.O.J.D.H. Unity Center 480 Tramview Road 11,390 square feet Swim Center 405 S. Cerritos 960 square feet Visitor's Center 2901 N. Palm Canyon 2,500 square feet McManus Village Buildings 221 Palm Canyon Drive Cornelia White House 940 square feet Museum Gallery 3,310 square feet Shop & Salon 2,685 square feet Jim Ruddy's General Store 916 square feet Library 300 S. Sunrise Way 34,254 square feet City Corporate Yard 425 N. Civic Drive 44,782 square feet Cogen Muni Plant 205 N. El Cielo 2,116 square feet Cogen Sunrise Plant 403 S. Pavilion Way 1,656 square feet Palm Springs Skate Park 403 S. Pavilion 30,000 square feet Downtown Parking Structure Corner of Baristo & Indian 122,373 square feet Police SubStation 105 S. Indian 2475 square feet Welwood Library 100 S. Palm Canyon 5953 square feet Dog Park 222 N. Civic Drive 56,000 square feet Palm Springs Train Station North Indian Avenue 2160 square feet Palm Springs Animal Shelter 1810 Camino Parocela 4904 square feet Site Specific Special Conditions: Palm Springs Animal Shelter: All materials to be utilized at the Palm Springs Animal Shelter must be approved in advance by the Animal Control Supervisor and Material Safety Data Sheets for these materials must be provided to the Animal Control Supervisor in addition to the Contract Officer. Palm Springs Police Department:Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City's Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency. 12 EXHIBIT "B" SPECIAL REQUIREMENTS Section 1.4 License Requirement: The Contractor shall: have a Branch 2 Applicators License, issued by California Structural Pest Control Board; be licensed in accordance with the requirements of the Department of Pesticide Regulation, if applicable; be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax; possess any other applicable license required in the performance of these services. Section 4.2 After the Contract is awarded the Contract Administrator is to be the Facilities Maintenance Manager for the City of Palm Springs, or his designee. Section 5.3 The requirement of Section 5.3 for a Performance Bond is hereby waived. Section 7.7 The requirement of Section 7.7 for Liquidated Damages is hereby waived. 11041 13 EXHIBIT "C" SCHEDULE OF COMPENSATION Total compensation for services provided during the initial three-year term of this Agreement shall not exceed $26,352.00. Monthly compensation for individual buildings/facilities to be serviced shall be as follows: Building/Facility Address Charge for Monthly Service Fire Dept. Training Center 3000 E. Alejo Road $25 Palm Springs Stadium 1901 E. Baristo Road $30 Leisure Center 401 S. Pavilion Way $22 City Hall 3200 E. Tahquitz Canyon $35 Fire Station #1 277 N. Indian $20 Fire Station #2 300 N. El Cielo Road $20 Fire Station #3 590 E. Racquet Club Road $20 Fire Station #4 1300 La Verne Way $20 Fire Station #5 5800 Bolero Road $20 Tennis Center 1300 E. Baristo Road $20 J.C.Frey Building 1911 E. Baristo Road $20 Police Department 200 S. Civic Drive $35 Pavilion 403 S. Pavilion Way $20 J.O.J.D.H. Unity Center 480 Tramview Road $25 Swim Center 405 S. Cerritos $20 Visitor's Center 2901 N. Palm Canyon $25 McManus Village Buildings 221 Palm Canyon Drive Cornelia White House $20 Museum Gallery $20 Shop & Salon $20 Jim Ruddy's General Store $20 Library 300 S. Sunrise Way $25 City Corporate Yard 425 N. Civic Drive $35 Cogen Muni Plant 205 N. El Cielo $25 Cogen Sunrise Plant 403 S. Pavilion Way $25 Palm Springs Skate Park 403 S. Pavilion $20 Downtown Parking Structure Corner of Baristo & Indian $25 Police SubStation 105 S. Indian $20 14 / ' / Welwood Library 100 S. Palm Canyon $20 Dog Park 222 N. Civic Drive $25 Palm Springs Train Station North Indian Avenue $20 Palm Springs Animal Shelter 1810 Camino Parocela $35 Grand Total, Monthly Service: $732 Contractor will submit an itemized invoice monthly listing separately each of the buildings listed in the Scope of Work. The invoice shall be accompanied by receipts, dated and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. Billings must reference a purchase order number and shall indicate the unit (contract) price. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the vendor are authorized. It shall be the vendor's responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. o / P7 15 EXHIBIT "D" SCHEDULE OF PERFORMANCE The term of this Contract will be for three (3) years from date of award, with two (2), one year renewal options upon mutual consent of the City and the Contractor. All buildings shall be inspected and treated at least once each month and more as may be required at no additional cost to the City for the eradication and preventative control of rodents and insects. In addition to the monthly service, the Contractor shall be subject to call-back any time an indication of an infestation is noted. The Contractor shall respond to call-back requests within twenty-four (24) hours at no additional cost to the City. Time of Service -The Contractor shall perform the services of the Contract during normal City work hours, Monday through Friday from 8:00 a.m. to 5:00 p.m., except as required by the City's Contract Officer. Saturday and Sunday hours must be approved in advanced. Services shall not be scheduled on City holidays. (A Holiday schedule will be provided). Schedule of Work - The Contractor shall furnish to the City's Contract Officer a detailed work schedule showing how the Contractor will accomplish the Contract requirements. This work schedule shall indicate the number of personnel, tasks to be performed by each person and the amount of time necessary to accomplish the work. The schedule shall be kept throughout the duration of the Contract, and shall be modified and re-submitted to the City's Contract Officer as required. Any work to be performed not conforming to this schedule shall be approved by the City's Contract Officer prior to such occurrence. 16 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS (IFB 04-02) NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified firms to: Provide Pest Extermination and Control Services at Various City of Palm Springs Buildings/Facilities. Bids will be received until 2:00 P.M., Thursday, June 24, 2004, at the Office of the Director of Procurement&Contracting,3200Tahquitz Canyon Way, Palm Springs, California,92262,at which time they will be publicly opened and read in the Procurement Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered at the address above, or mailed to: City of Palm Springs, Procurement Division, P. O. Box 2743, Palm Springs, California 92263-2743. The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. Pre-Bid Conference and Walk-Through: Prospective Bidders are advised to attend a Pre-Bid Conference and Walk-Through of the job site. The purpose of the conference and walk-through is to acquaint prospective bidders with conditions which bidders must take into account when preparing their bids. The Pre-Bid Conference and Walk-Through will be held at 8:30 A.M. local time, Thursday, June 17, 2004 in the Lunch Room at the City Corporate Yard, 425 North Civic Drive, Palm Springs 92262. Failure to participate in the Pre-Bid Conference and Walk-Through shall constitute acceptance by the Bidder of all pre-existing site conditions, and shall constitute a waiver of all future claims with regards to said site conditions. The Contractor shall be required to maintain insurance in the types and amounts specified in the City's standard Contract Services Agreement, including but not limited to provisions for personal and property liability, including vehicle coverage and Worker's Compensation. The receiving time in the Procurement Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is 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 prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Availability of Documents: Bid Documents may be obtained from the Office of the Director of Procurement by calling (760) 323-8239. Specifications will be mailed at no charge. Copies are also available via the Internet at the following address: http://www.ci.palm-si)rings.ca.us, click on "Departments" and go to "Procurement". NOTE: Upon receiving this IFB via the internet, contact Mari Lynn Boswell, Administrative Secretary via email at marilynnb _ci.palm-slriinas.ca.us to register as a Bidder. Failure to register as an Bidder may result in your firm not receiving bid addenda. Failure to acknowledge addenda with your bid may cause your bid to be considere non-responsive. ROD . GOOD, CPPO D,re c or of Procurement & Contracting Published: June 8, 2004 -3- � LJ CITY OF PALM SPRINGS, CALIFORNIA NOTICE INVITING BIDS from PRE-QUALIFIED CONTRACTORS for SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS REHABILITATION PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT NO. 2003-17 FAA AIRPORT IMPROVEMENT PROJECT NO.3-06-0181-36,-37 NOTICE IS HEREBY GIVEN that sealed bids will be received at the Department of Procurement and Contracting of the City of Palm Springs, California, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 until, 2:00 PM, local time on June 25, 2004 at which time they will be opened and read aloud. Bids must be submitted in sealed envelopes marked on the outside "SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS REHABILITATION". PRE-QUALIFICATION OF PROPOSERS: The pre-qualification process closed on May 12, 2004 at 5:00 p.m. (Local). For the benefit of sub-contractors and proposers, the following contractors have pre-qualified for this project: BEC, Inc.; Benson Systems, Inc.; HCI, Inc.; Johnson Controls, Inc.; Metro Video/Premier Security, and Systems Integration/Securitec. LOCATION OF WORK — The Work to be performed hereunder is located at 3400 E. Tahquitz Canyon Way, Palm Springs, California. DESCRIPTION OF TIIE WORK — The Work to be done includes, but may not be limited to, furnishing all construction, plant, necessary engineering, labor, tools, transportation, services, supervision, materials and equipment required to complete Specification Schedules I and If for the Palm Springs International Airport. The Work involved includes the following described in three separate bid schedules: BID SCHEDULE A Specification Schedule I Security Access Control and Closed Circuit Television Systems Rehabilitation Including Demolition,Modification,New Equipment and Infrastructure Installations and Specification Schedule 11 Public Information Display System Rehabilitation and Integration Including Demolition,Modification,New Equipment and Infrastructure Installations BID SCHEDULE B Specification Schedule I Security Access Control and Closed Circuit Television Systems Rehabilitation Including Demolition,Modification,New Equipment and Infrastructure Installations BID SCHEDULE C Specification Schedule II Public Information Display System Rehabilitation and Integration Including Demolition,Modification,New Equipment and Infrastructure Installations Pre-qualified bidders must bid all schedules to be eligible for award. Ic-1 OBTAINING OR INSPECTING CONTRACT DOCUMENTS —A complete set of Contact Documents dated April 6, 2004 may be obtained on, or after April 12, 2004 at J.P.Reprographics,224 N. Indian Canyon Drive,Pahn Springs, California 92262,phone(760)325-3717, fax(760) 325-0817.An additional charge will be made for plans, specifications and bid documents mailed out. Each Bidder must supply all information required by the complete bid documents and specifications. PRE-QUALIFICATION ADVERTISEMENT — The project was advertised for Pre-Qualification April 8, 2004 and April 20,2004. PRE-BID VISIT TO WORK SITE—All bidders are advised to examine the site to become familiar with all site conditions. The project will be shown to interested bidders at 1:00 PM, local time, on June 4,2004. Contractors will meet at the Pahn Springs International Airport Conference Room,upstairs,for the Pre-Bid Conference. COMPLETION OF WORK—Time is of the essence.The Work must be completed within 120 calendar days after commencement date stated in the Notice To Proceed. AWARD OF CONTRACT— (a) The Work hereunder is set forth in three separate Bid Schedules, "A", "B", and "C". Bidders are required to submit bids on all Bid Schedules to be eligible for award. Only one Bid Schedule will be awarded, however, and the City reserves the right to award to the lowest responsive, responsible bidder on Bid Schedule"A" or Bid Schedule`B"or Bid Schedule "C" and reject all other bids, as it may best serve the interests of the City. The City further reserves the right after opening bids to reject any or all bids and/or to waive any informality (non- responsiveness) in a bid, as it may best serve the best interests of the City. The award of contract will be conditioned upon satisfying the requirements established by the Sponsor to evaluate efforts of the bidder to meet the Disadvantaged Business Enterprise Participation contract goals included in the Bid Conditions. The award of the contract is subject to the approval of the Federal Aviation Administration. The Sponsor father reserves the right to negotiate changes with the low bidder in the scope of project, extent of the work, or to increase or decrease the size of the project, if so desired, all to the best interest of the Owner, prior to award of the contract.Additional information is included in BID CONDITIONS. (b) As a condition of award, the successful bidder will be required to submit bonds and insurance,prior to the execution of the Agreement by the City.Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond.The Contract will then be awarded to the next lowest bidder. (c) It is the City's intent to award Bid Schedule "A"if sufficient FAA grant funds are made available; or if FAA grant funds for Bid Schedule "A" are not made available the City may award Bid Schedule "B" if sufficient FAA grant funds are made available; or if FAA grant funds for Bid Schedule "A" and Bid Schedule "B" are not made available the City may award Bid Schedule"C". BID SECURITY—Each bid shall be accompanied by a certified cashier's check or Bid Bond in the amount of 10 percent of the total bid price (Bid Schedule "A" only), payable to the City of Pahn Springs, as a guarantee that the Bidder, if its Bid is accepted, will promptly obtain the required Bonds and Insurance and will prepare the required submittal document and execute the Agreement. BIDS TO REMAIN OPEN—The Bidder shall guarantee the Total Bid Price for a period of 120 calendar days from the date of Bid Opening. CONTRACTOR'S LICENSE CLASSIFICATION— The City has determined that the Contractor shall possess a valid Class A, C-7 and/or C-10 Contractor License at the time the Contract is awarded. Failure to possess the specified license shall render the bid as nonresponsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. The Contractor must be licensed to do business in the City of Palm Springs in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code, and will be required to obtain a City Construction Permit No Fee from the Building Department and/or the Public Works Inspection Supervisor, City Hall, Palm Springs,California. Ic-2 WAGE RATE REQUIREMENTS— (a) State — In accordance with the provisions of California Labor Code Section 1770, 1773, 1773.1, 1773.6 and 1773.7, as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage rates is on file at the Department of Building and Safety, City IIall, Palm Springs, California. It shall be mandatory upon the Contractor to whom the Work is awarded and upon any subcontractor raider the Contractor to pay not less than said specified rates to all workers employed by them in the execution of the Work, and shall post a copy of said wage rates at the project site. (b) Federal — The general prevailing rate of wages, as determined by the Secretary of Labor are included hereinafter as part of the Contract Documents; provided, that if there is any difference between the State of Federal wage rate for any given craft or mechanic needed to execute the work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates. All labor on the project shall be paid no less than the minimum wage rates established by the U.S. Secretary of Labor. TRADE RESTRICTIONS—All solicitations, contracts and subcontracts resulting from projects funded under AlP must contain the foreign trade restriction required by 49 CFR Part 30, Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS — Each bidder must complete, sign and furnish,prior to award of the contract, the"Bidders Statement on Previous Contracts Subject to EEO Clause", a "Certification of Nonsegregated Facilities", and the "Assurance of Disadvantaged Business Enterprise Participation" as contained in the Bid Proposal. These items must be submitted with his or her bid. A Contractor having 50 or more employees and his or her subcontractors having 50 or more employees and who may be awarded a contract of $50,000 or more will be required to maintain an affirmative action program, the standards for which are contained in these specifications. The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, and to the Equal Employment Opportunity(EEO) and Federal Labor Provisions. The EEO requirements, labor provisions, and wage rates are included in the specifications and bid documents and are available for inspection at the Department of Building and Safety,City Hall,Palm Springs, California. To be eligible for award, each bidder must comply with the affirmative action requirements which are contained in the specifications. Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of requirement for the employment of minorities. RETAINAGE FROM PAYMENT — The Contractor may elect to receive 100 percent payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final. Securities eligible for Investment under this provision shall be limited to those listed in Section 6430 of the Govenumnt Code or bank or savings and loan certificates of deposit. ADDRESS AND MARKING OF BIDS—The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered prior to the date and hour of opening Bids to: Harold E. Good, CPPO, Director of Procurement and Contracting, at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand comer with the name and address of the Bidder and shall bear the words "SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS Ic-3 REHABILITATION" for the "PALM SPRINGS INTERNATIONAL AIRPORT", followed by the date and hour of opening Bids.The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. PROJECT ADMINISTRATION — All communications relative to this Work shall be directed to in writing to Harold E Good, CPPO, Director of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, (760) 323-8239, FAX (760) 323-8238 or email to: Harold— G2ci. ap lm-springs.ca.us. All questions relating to interpretation of the Contract Documents or products must be submitted in writing, ten days prior to bid opening, and any responses will be in the form of written addenda to the Documents. BY ORDER OF THE CITY OF PALM SPRINGS DATE:May 21,2004 CITY OF PALM SPRINGS BY 44— �- Harrold E.Good,CPPO Director of Procurement and Contracting City of Palm Springs, CA State of California Ic-4 CITY OF PALM SPRINGS, CALIFORNIA - INVITATION FOR BIDS (IFB 04-02) NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified firms to: Provide Pest Extermination and Control Services at Various City of Palm Springs Buildings/Facilities. Bids will be received until 2:00 P.M., Thursday, June 24, 2004, at the Office of the Director of Procurement&Contracting,3200Tahquitz Canyon Way, Palm Springs, California,92262,atwhich time they will be publicly opened and read in the Procurement Office. No Bid will be considered unless it is made on a bid form Furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered at the address above, or mailed to: City of Palm Springs, Procurement Division, P. O. Box 2743, Palm Springs, California 92263-2743. The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. Pre-Bid Conference and Walk-Through: Prospective Bidders are advised to attend a Pre-Bid Conference and Walk-Through of the job site. The purpose of the conference and walk-through is to acquaint prospective bidders with conditions which bidders must take into account when preparing their bids. The Pre-Bid Conference and Walk-Through will be held at 8:30 A.M. local time, Thursday, June 17, 2004 in the Lunch Room at the City Corporate Yard, 425 North Civic Drive, Palm Springs 92262. Failure to participate in the Pre-Bid Conference and Walk-Through shall constitute acceptance by the Bidder of all pre-existing site conditions, and shall constitute a waiver of all future claims with regards to said site conditions. The Contractor shall be required to maintain insurance in the types and amounts specified in the City's standard Contract Services Agreement, including but not limited to provisions for personal and property liability, including vehicle coverage and Worker's Compensation. The receiving time in the Procurement Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is 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 prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Availability of Documents: Bid Documents may be obtained from the Office of the Director of Procurement by calling (760) 323-8239. Specifications will be mailed at no charge. Copies are also available via the Internet at the following address: http://www.ci.palm-springs.ca.us, click on "Departments" and go to "Procurement". NOTE: Upon receiving this IFB via the internet, contact Mari Lynn Boswell, Administrative Secretary via email at marilynnbCa-ci.palm-springs.ca.us to register as a Bidder. Failure to register as an Bidder may result in your firm not receiving bid addenda. Failure to acknowledge addenda with your bid may cause your bid to be considered non-responsive. RO D E. GOOD, CPPO Direc or of Procurement & Contracting Published: June 8, 2004 -3- CITY OF PALM SPRINGS, CALIFORNIA NOTICE INVITING BIDS from PRE-QUALIFIED CONTRACTORS for SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS REHABILITATION PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT NO. 2003-17 FAA AIRPORT IMPROVEMENT PROJECT NO.3-06-0181-36,-37 NOTICE IS HEREBY GIVEN that sealed bids will be received at the Department of Procurement and Contracting of the City of Palm Springs, California, 3200 East Tahquitz Canyon Way, Pahn Springs, California 92262 until, 2:00 PM, local time on June 25, 2004 at which time they will be opened and read aloud. Bids must be submitted in sealed envelopes marked on the outside "SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS REHABILITATION". PRE-QUALIFICATION OF PROPOSERS: The pre-qualification process closed on May 12, 2004 at 5:00 p.m. (Local). For the benefit of sub-contractors and proposers, the following contractors have pre-qualified for tiris project: BEC, Inc.; Benson Systems, Inc.; HCI, Inc.; Johnson Controls, Inc.; Metro Video/Premier Security, and Systems Integration/Securitec. LOCATION OF WORK — The Work to be performed hereunder is located at 3400 E. Tahquitz Canyon Way, Pahn Springs, California. DESCRIPTION OF THE WORK — The Work to be done includes, but may not be limited to, furnishing all construction, plant, necessary engineering, labor, tools, transportation, services, supervision, materials and equipment required to complete Specification Schedules I and I1 for the Palm Springs International Airport. The Work involved includes the following described in three separate bid schedules: BID SCHEDULE A Specification Schedule I Security Access Control and Closed Circuit Television Systems Rehabilitation Including Demolition,Modification,New Equipment and Infrastructure Installations and Specification Schedule II Public Information Display System Rehabilitation and Integration Including Demolition,Modification,New Equipment and Infrastructure Installations BED SCHEDULE B Specification Schedule I Security Access Control and Closed Circuit Television Systems Rehabilitation Including Demolition,Modification,New Equipment and Infrastructure Installations BID SCHEDULE C Specification Schedule 11 Public Information Display System Rehabilitation and Integration Including Demolition,Modification,New Equipment and Infrastructure Installations Pre-qualified bidders must bid all schedules to be eligible for award. Ic-1 OBTAINING OR INSPECTING CONTRACT DOCUMENTS —A complete set of Contract Documents dated April 6, 2004 may be obtained on, or after April 12, 2004 at S.P.Reprographics, 224 N.Indian Canyon Drive,Pahn Springs, California 92262,phone(760) 325-3717, fax(760) 325-0817.Ali additional charge will be made for plans, specifications and bid documents mailed out. Each Bidder roust supply all information required by the complete bid documents and specifications. PRE-QUALIFICATION ADVERTISEMENT — The project was advertised for Pre-Qualification April 8, 2004 and April 20,2004. PRE-BID VISIT TO WORK SITE—All bidders are advised to examine the site to become familiar with all site conditions. The project will be shown to interested bidders at 1:00 PM,local time, on June 4, 2004. Contractors will meet at the Pahn Springs International Airport Conference Room,upstairs,for the Pre-Bid Conference. COMPLETION OF WORK—Time is of the essence. The Work must be completed within 120 calendar days after cormaencement date stated in the Notice To Proceed. AWARD OF CONTRACT— (a) The Work hereunder is set forth in three separate Bid Schedules, "A", "B", and "C". Bidders are required to submit bids on all Bid Schedules to be eligible for award. Only one Bid Schedule will be awarded, however, and the City reserves the right to award to the lowest responsive,responsible bidder on Bid Schedule"A" or Bid Schedule"B"or Bid Schedule"C"and reject all other bids, as it may best serve the interests of the City. The City further reserves the right after opening bids to reject any or all bids and/or to waive any informality (non- responsiveness) in a bid, as it may best serve the best interests of the City. The award of contract will be conditioned upon satisfying the requirements established by the Sponsor to evaluate efforts of the bidder to meet the Disadvantaged Business Enterprise Participation contract goals included in the Bid Conditions. The award of the contract is subject to the approval of the Federal Aviation Administration. The Sponsor further reserves the right to negotiate changes with the low bidder in the scope of project, extent of the work, or to increase or decrease the size of the project, if so desired, all to the best interest of the Owner, prior to award of the contract.Additional information is included in BID CONDITIONS. (b) As a condition of award, the successful bidder will be required to submit bonds and insurance, prior to the execution of the Agreement by the City.Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond.The Contract will then be awarded to the next lowest bidder. (c) It is the City's intent to award Bid Schedule"A"if sufficient FAA grant funds are made available; or if FAA grant funds for Bid Schedule "A" are not made available the City may award Bid Schedule `B" if sufficient FAA grant funds are made available; or if FAA grant funds for Bid Schedule "A" and Bid Schedule `B" are not made available the City may award Bid Schedule"C". BID SECURITY—Each bid shall be accompanied by a certified cashier's check or Bid Bond in the amount of 10 percent of the total bid price (Bid Schedule "A" only), payable to the City of Pahn Springs, as a guarantee that the Bidder, if its Bid is accepted, will promptly obtain the required Bonds and &surance and will prepare the required submittal document and execute the Agreement. BIDS TO REMAIN OPEN—The Bidder shall guarantee the Total Bid Price for a period of 120 calendar days from the date of Bid Opening. CONTRACTOR'S LICENSE CLASSIFICATION— The City has determined that the Contractor shall possess a valid Class A, C-7 and/or C-10 Contractor License at the time the Contract is awarded. Failure to possess the specified license shall render the bid as nonresponsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. The Contractor must be licensed to do business in the City of Pahn Springs in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code, and will be required to obtain a City Construction Permit No Fee from the Building Department and/or the Public Works Inspection Supervisor, City Hall, Palm Springs, California. Ic-2 WAGE RATE REQUIREMENTS— (a) State— In accordance with the provisions of California Labor Code Section 1770, 1773, 1773.1, 1773.6 and 1773.7, as amended, the Director of the Department of Industrial Relations has determined the general Prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage rates is on file at the Department of Building and Safety, City Hall, Palm Sprigs, California. It shall be mandatory upon the Contractor to whom the Work is awarded and upon any subcontractor under the Contractor to pay not less than said specified rates to all workers employed by them in the execution of the Work,and shall post a copy of said wage rates at the project site. (b) Federal — The general prevailing rate of wages, as determined by the Secretary of Labor are included hereinafter as part of the Contract Documents; provided, that if there is any difference between the State of Federal wage rate for any given craft or mechanic needed to execute the work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates. All labor on the project shall be paid no less than the minimum wage rates established by the U.S. Secretary of Labor. TRADE RESTRICTIONS—All solicitations, contracts and subcontracts resulting from projects funded under AIP must contain the foreign trade restriction required by 49 CPR Part 30,Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when foods are expended pursuant to a grant issued under the Airport Improvement Program. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS — Each bidder must complete, sign and furnish,prior to award of the contract,the"Bidders Statement on Previous Contracts Subject to EEO Clause", a "Certification of Nonsegregated Facilities", and the "Assurance of Disadvantaged Business Enterprise Participation" as contained in the Bid Proposal. These items must be submitted with his or her bid. A Contractor having 50 or more employees and his or her subcontractors having 50 or more employees and who may be awarded a contract of$50,000 or more will be required to maintain an affirmative action program, the standards for which are contained in these specifications. The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, and to the Equal Employment Opportunity(EEO) and Federal Labor Provisions. The EEO requirements, labor provisions, and wage rates are included in the specifications and bid documents and are available for inspection at the Department of Building and Safety, City Hall,Palm Springs, California. To be eligible for award, each bidder must comply with the affirmative action requirements which are contained in the specifications. Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of requirement for the employment of minorities. RETAINAGE FROM PAYMENT — The Contractor may elect to receive 100 percent payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final. Securities eligible for Investment under this provision shall be limited to those listed in Section 6430 of the Government Code or bank or savings and loan certificates of deposit. ADDRESS AND MARKING OF BIDS—The envelope enclosing the Bid shall be sealed and addressed to tine City of Palm Springs, and shall be delivered prior to the date and hour of opening Bids to: Harold E. Good, CPPO, Director of Procurement and Contracting, at 3200 East Tahquitz Canyon Way, Palm Sprigs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS Ic-3 REHABILITATION" for the"PALM SPRINGS INTERNATIONAL AIRPORT", followed by the date and hour of opening Bids.The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. PROJECT ADMINISTRATION — All cormnunications relative to this Work shall be directed to in writing to Harold E Good, CPPO, Director of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, (760) 323-8239, FAX (760) 323-8238 or email to: HaroldGeci.oalm-surin s.ca.us. All questions relating to interpretation of the Contract Documents or products must be submitted in writing, ten days prior to bid opening,and any responses will be in the form of written addenda to the Documents. BY ORDER OF THE CITY OF PALM SPRINGS DATE:May 21,2004 CITY OF PALM SPRINGS BY "A IV • �° �v Harold E. Good, CPPO Director of Procurement and Contracting City of Pahn Springs,CA State of California Ic-4 Proof of Publication in Newspaper STATE OF CALIFORNIA County of Riverside Jacquelin K. Welch says: 1. 1 am a citizen of the United States, a resident of the City of Desert Hot Springs, County of Riverside, State of California, and over the age of 18 years. CITY OF PALM SPRINGS,CALIFORNIA 2. 1 am the Research & Record, INVITATION FOR BIDS(IFS 04-02) Assistant of The Public Record, a NOTICE IS HEREBY GIVEN that the City of Palm Springs, California,is soliciting bids from qualified firms to newspaper of general circulation printed Provide Pest Extermination and Control Services and published in the City of Palm --al Aarfoas City of Palm SpringsBaildmgs/FacilitrCs.— Bids will be received until 2:00 P.M.,Thursdar,,June 24,2004, Springs, County of Riverside, State of at the Office of the Director of Procurement Conbadding,3200 California. Said The Public Record is a 'midq which CanyonWay Palm Springs, California, 92262, at which time they wit be publicly opened and read in the newspaper of general circulation as that Procurement Office_ No Bid will be considered unless if is made on a bid form furnished by the City Bids must be sub- term is defined in Government Code milled in sealed envelopes and either hand delivered at the section 6000 its status as such having address above, or mailed to City of Palm Springs, r Procurement Division,P.O Be.2743,Palm Springs,California been established by judicial decree of the 92263-2743 The City of Palm Springs reserves the right to Superior Court of the State of California n reject any or all bids and to wane any informalitydWa or technical defect m a bid Pre-Bid Conference and Walkrtechni al and for the County of Riverside in Prospective Bidders are advised to attend a Pre-Bid Conference and Walk-Through of the lob site. The purpose of Proceeding No. Indio 49271, dated the conference and walls-through Iste acquaint prospective bid- March 31, 1987, entered in Judgment ders with conditions Which bidders must all Into account when preparing their bids The Pre BidConference and Wall(- Book No, 129, page 355, on March 31, Through will be held at 3:30 A.M.local time,Thursday,June 17,2004 In the Lunch Room at the City Corporate Yard,425 1987. Nodh Civic Drive,Palm Springs 92262 Failure to addenda in 3. The Public Record is a newspaper of the Pre BidConference and Walk-Through shall constitute acceptance by the Bidder of all pre-existing site conditions,and general circulation ascertained and shad aouslutute a wali of all future claims wilt regards to said established in the Cityof Palm Springs in siteconditions.The Contractor shall be required to maintain Insurance in the types and amounts specified in the City stan- the County of Riverside, State of dard Contract Services Agreement,including but not limited to preCalifornia, Case No. RIC 358286 Filed coverage tndWorder'r personal andpeperty liability,receiving vehicle coverage and Worker's and property The receiving time le June 8, 2001. the Procurement Office will be the governing time for accept ability of Bids Telegraphic and telephonic Bids will not be 4. The notice, of which the annexed is a accepted It is the responsibility of the Bidder to see that any true printed copy, was published in the sent ,trough oc mar' shall have ent time be received by the Procurement Office priorr to[o the 6itl Opening newspaper on the following publication Time Late Bids will be returned to the Bidder unopened. Availability of Documents:Bid Documents may be obtained dates to wit. from the Office of the Director of Procurement by calling(760) 323,8239. Speahcahons will be mailed at no charge Copies are also available via the Internet al the following address June 8, 2004 is,chick anDeportmertss'and V I certify under penalty of perjury that the go to"Procurement" 'y I- y p 'Y NOTE:Upon receiving Ihis IFB via the nternet,contact Mart above is true and correct. Lynn Boswell, Administrative Secretary via email at man- b0O I -cq nns ca us to register as a Bidder.Failure to �- Dated at Palm Springs California, register as an Bidder may result in your firm not receiving bid this 87H day of June 2004. addenda Failure to acknowledge addenda with your bid may non 1 m � cause your bid to be considered :HAR responsive E GOOD,CPPO Director of Procurement&Contracting . y - � June 8,2004 Jacquelin K. Welch Research & Production Assistant MINUTE ORDER NO. AWARDING BID (IFB) 04-02 AND APPROVING CONTRACT FOR PROVIDING PEST EXTERMINATION AND CONTROL SERVICES AT VARIOUS CITY OF PALM SPRINGS BUILDINGS/FACILITIES TO RIVERSIDE COUNTY PEST CONTROL, INC. FOR A 3 YEAR PERIOD AT MONTHLY RATES AMOUNTING TO $732.00 AND A CONTRACT NOT TO EXCEED AMOUNT OF $26,352.00. I HEREBY CERTIFY that this Minute Order awarding Bid (IFB) 04-02 and approving contract for Providing Pest Extermination and Control Services at various City of Palm Springs buildings/facilities to Riverside County Pest Control, Inc. for a 3 year period at monthly rates amounting to $732.00 and a contract not to exceed amount of$26,352.00, was approved by the City Council of the City of Palm Springs California in a meeting thereof held on the 7th day of July, 2004. PATRICIA A. SANDERS City Clerk