HomeMy WebLinkAbout1/21/2004 - STAFF REPORTS DATE: January 21, 2004
TO: City Council
FROM: Acting Director of Aviation and Director of Procurement and Contracting
AIRFIELD SOIL STERILIZATION
RECOMMENDATION:
It is recommended that the City Council award IFB 04-06 to Schmidt Services, LLC and
approve a contract services agreement in the amount of $26,200 for soil sterilization
services for the Palm Springs International Airport.
SUMMARY:
Airfield safety areas require periodic weed control measures (soil sterilization) in order to
maintain compliance with federal regulations as mandated by the Federal Aviation
Administration (FAA). Approval of this contract services agreement provides the means to
continue scheduled weed abatement services.
BACKGROUND:
There are approximately 220 acres of airfield safety areas adjacent to the runways and
taxiways of the Airport, consisting of crushed rock groundcover over existing soil. The
function of the safety areas is to eliminate blowing sand and wildlife habitat on the airfield,
aid in drainage, and most importantly,to provide an impact attenuating buffer to any aircraft
that may leave an aircraft movement surface. Since construction, weed control has been
necessary to maintain safety area functions,as well as the overall airfield appearance.Over
the past 10 years, this program has proven very successful.
In cooperation with the Department of Procurement& Contracting, Invitation For Bid (IFB)
04-06 was issued on December 23, 2004.
Bids were solicited from ten service providers and three contractors attended a non-
mandatory walk-though on December 30, 2003. Three (3) bids were received and opened
on January 6, 2004 as follows:
Schmidt Services, LLC $26,200
M. Jarrett Custom Pest Management $26,230
Agriserve Pest Control, Inc $59,110
The agreement calls for services to be divided over two (2) years, with approximately 50%
of the work to be performed in 2004, and the balance in 2005. The work consists of
applying an herbicide to the safety areas and perimeter fencing, in conformance with all
applicable laws and regulations, in order to control growth for a minimum of 2 years.
REVIEWED BY DEPT. OF FINANCE
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Funds are budgeted in Airside Operations Contractual Services Account (415-6050-
43200,). No General Fund monies will be used.
HAROLD E GOOD, CPPO r...JOH-N.BARRY GRIFFITH
Director of Procurement & Contracting Acting Director of Aviation
APPROVED:
City Manager c:�
Attachment: Minute Order
Contract Services Agreement
N:\WordPerfect\City_CouncilWirfield_Weed Abatement 1-21-2004.wpd
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
for
Soil Sterilization Services
at the Palm Springs International Airport
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of January, 2004, by and between the CITY OF PALM SPRINGS, a municipal
corporation, (herein"City")and Schmidt Services, LLC, (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. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered 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
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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_Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice
President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
Signature(notarized) Signature(notarized)
Name: �/��i Name:
Title: /G�t, 6 tiG �.yrT�2 Title:
Address: ?S 37(, /,ST°�4✓�D�s> ,(i¢wf Address:
/f n.Je4, L iI4.( CAI �z2/n
State of L P ✓��t State of
°County of County of Iss
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0 0
On � efore me, ��J?-P� -P/! before me,
0
per o allyappeared personally appeared
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
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 thha 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. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
M.JANE PERALTA
"' Commission 81360412
i Notary Public-California
Riverside County
�OMy Comm.Expires Jun 9,2006
20 I
01/09/2004 FRI 14:28 FAX 2002/002
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 corporatlon
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual^Partnership_Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice
President:AND B,Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Flnaneial Officer),
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
Address: 1 Address: 11
State of J State of 1
County of Iss County of Iss
On___beforeme, On before me
personallyappeared parsonallyappeared_
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(n)whose noma(e)Were
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to roe
that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/hentheir authorized
capaeity(ies), and that by his/her/their signalure(s) on the capacity(os), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the porson(s),or the amity upon behalf of which the
porson(s)acted,executed the instrument, person(s)acted,executed the Instrument.
WITNESS my hand and official seal, WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
12 .
EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORK: The work shall consist of:
A. furnishing all labor, equipment, materials and supervision necessary to apply soil sterilant to
approximately 220 acres of Airport Safety Area, sufficient for a minimum of two (2) years activity
in suppressing all plant growth, and,
B. furnishing all necessary labor, equipment, materials and supervision to apply soil sterilant,
sufficient for a minimum of two (2)years activity in suppressing all plant growth, to approximately
18,000 lineal feet of Airport perimeter chainlink fenceline.
Work shall be performed in accordance with Contractor's Pest Control recommendation dated
1/4/2004,submitted with Contractor's bid response to IFB 04-06(copy of recommendation attached
as Exhibit "Al").
SITE DESCRIPTIONS:
A. Airport Safety Zone: Consisting of approximately 220 acres.
Fifty percent(50%)of the total (110 acres)will be treated under this contract each year.The areas
to be treated consist of sandy soil, graded but with some large basin areas, covered with 2.5 "
crushed rock to a 5"depth. Existing weed growth is minimal to non-existent over the areas of work.
Removal of existing weed growth is not required. Application of soil sterilant, sufficient for a
minimum of two (2) years activity in suppressing all plant growth, is required. Particular attention
to complete application around and adjacent to Airfield guidance signs and equipment,and in flood
control basins, is required. Additionally, adjacent paved surfaces shall be overlapped sufficiently
with herbicide to prevent weed growth along pavement edges.
B. Perimeter Fence: Consisting of approximately 18,000 lineal feet of chainlink Airport perimeter
fence, with some existing weed growth present. Application of soil sterilant, sufficient for a
minimum of two (2)years activity in suppressing all plant growth, is required. A spray width of 3 ft.,
on each side of the fenceline, is required. Adjustments shall be made to prevent damage to any
existing adjacent landscaping.
MATERIALS SPECIFICATIONS:
A. Soil sterilant shall be non-selective, and both pre-and post-emergent. It shall provide complete
weed control for a minimum of two years.
B. Herbicide labels shall state suitability of materials for use on sandy soil, as found at Palm
Springs International Airport. Herbicides shall not subject underlying groundwater to potential
contamination, when used according to manufacturer's label.
C. Herbicides shall be mixed and applied in strict accordance with manufacturer's labeling
instructions. A minimal amount of dye indicator (such as Blazon) shall be added to each tank mix
to ensure proper application of material.
D. Water for chemical application shall be supplied on-site by the Airport. /fiI6
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E. All herbicides proposed for use during the course of this work must be reviewed and approved
by the Airport Maintenance Superintendent.All bidders shall submit adequate information to allow
the Maintenance Superintendent to make a determination as to acceptability of the proposed
product.
RESTRICTED AIRFIELD ACCESS:
Much of the work to be performed is in the restricted Airfield Operations Area, with exposure to
arriving and departing aircraft. Contractor shall be escorted at all times within the restricted area
by an employee assigned by Palm Springs International Airport. The employee will monitor air
traffic operations, and coordinate herbicide spray operations with the Air Traffic Control Tower.
VEHICLE FLAG REQUIREMENT:
An orange and white checked safetyflag shall be displayed on all vehicles used by Contractor while
performing the scope of services. All flags to be utilized must be approved in advance by the
Airport Maintenance Superintendent.
DAMAGE CONTROL:
Contractor shall be responsible for any damages occurring, on or off-site, as a result of the spray
operation, where such damage is attributable to improper application of chemicals or negligence
on the part of the Contractor. Care shall be exercised to prevent chemical drift which may cause
damage to off-site plant materials.
NON-INTERFERENCE, HOURS OF OPERATION:
Contractor shall not interfere with public use of the premises. All operations shall be coordinated
with the Contract Administrator, Airport Maintenance Superintendent Craig Toms, at (760) 318-
3800. All chemical applications shall be conducted during daylight hours. Timing of the work shall
be such that the least amount of interference with Airport operation, and arriving and departing
aircraft, is maintained.
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EXHIBIT A-1
HMIDT
ERVICES ux
CUSTOM SPRAYING
PEST CONTROL RECOMMENDATIONS
Operator of the Property City of Palm Springs JJ/11!!LL UU Recomrptlt 888 Expiration Date
Address
3400 East Tahquitz Canyon Way City Palm Springs county Riverside
Location to be Treated
Airport Safety Areas on the airfield and along all perimeter chain link fencing
Commodity to be Treated Acres or Units to be Treated
None-(soil sterilization) Up to 230 Acres
Method of Application: Pests)to be Controlled
All Vegetation
Air M Ground Fumigation M Other
Name of Pesticide(s) Rate/Acre or Unit Dilution Rate Volume per Acre or Unit
Spike 8013E Specialty Herbicide 1.5 to 3 lbs.per acre 50 gal/Acre
H1. Highly toxic to bees Schedule,Time or Conditions
2. Toxic to birds,fish and wildlife As conditions require,Avoid gusty wind conditions
X 3. Do not apply during irrigation or when run-off Surrounding Crop Hazards
is likely to occur Avoids ray contact near desirable plants
® 4. Do not apply near desirable plants Proximity of Occupied Dwellings,People,Pets or Livestock
5, Do not allow to drift onto humans,animals,
desirable plants or property N/A
6. Keep out of lakes,streams and ponds Non-Pesticide Pest Control,Warnings and Other Remarks
7. Birds feeding on treated area may be killed
8. Do not apply when foliage is wet(dew,rain,at
9. May cause allergic reaction to some people
10. This product is corrosive and reacts with Read label carefully,Avoid drift,Calibrate equipment
certain materials
11. Closed system required Criteria Used for Determining Need for Pest Control Treatment:
12. Restricted use pesticide(California and/or Federal) Sweep Net Counts 0 Leaf or Fruit Counts 0 Preventative
13. Hazardous area involved(see map and warnings) Field Observation 0 Pheromone or Other Trap Soil Sampling
14. Other(see attachment) History 0 Other
Crop and Site Restrictions:
1. Worker reentry interval 0 days
2. Do not use within_days of harvest/slaughter
S. Posting required Yes No _days
4. Do not irrigate for at least_days after application
5. Do not apply more than_applications per season
6. Do not feed treated foliage or straw to livestock
7. Plantback restrictions(see label)
8. Other see attachment
I certify that alternatives and mitigation measures that would
substantially lessen any significant adverse impact on the
environment have
ebbebeen
_considered and,if feasible,adopted.
Xf�4 1/4/04
Adviser Signature Date �r
01968
Adviser License Number
Schmidt Services, LLC
Employer
Page 15
75-376 Stardust Lane, Indian Wells, CA
Employer's Address
Prst nantrol nacommmGtlon
EXHIBIT "B"
SPECIAL REQUIREMENTS
The Requirements of Section 5.3 for a Performance Bond are hereby waived.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
Compensation Rates: Contractor shall be compensated at the following rates for the services
provided:
Airfield Safety Area $115 per acre
Airport Perimeter Fence $.05 per lineal foot
Total Compensation: Compensation for services shall not exceed the following amounts:
Airfield Safety Area: 220 acres at $115/acre $25,300
Airport Perimeter Fence: 18,000 If at $.05/If $ 900
Total compensation shall not exceed $26,200.
Progress Payments: Progress (partial) payments will be made upon completion of the portions
of work identified in Exhibit 'D' Schedule of Performance.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
SCHEDULE OF PERFORMANCE:
For work to be done this season, consisting of 110 acres of airfield safety area and all 18,000 If
of perimeter fencing, work shall be performed between January 22 and February 13, 2004. All
work must be completed later than February 13, 2004.
For the work to be done next season, consisting of the remaining 110 acres of airfield safety
areas, work shall be performed between January 10 and February 11, 2005. All work must be
completed no later than February 11, 2005.
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AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California,
do hereby certify that a copy of the Notice of Public Hearing before
the City Council of the City of Palm Springs, in conjunction with
Fairfield Resorts, Inc., Star Canyon Resorts, for a Development
Agreement, for Case 5.0830, a 255 unit timeshare project at S. Palm
Canyon between Mesquite and Tahquitz Creek Channel, was mailed
to each and every person set forth on the attached list on the 6th day
of January, 2004. A copy of said Notice is attached hereto. Said
mailing was completed by placing a copy of said Notice in a sealed
envelope, with postage prepaid, and depositing same in the U.S.
Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and
correct.
Dated at Palm Springs, California, this 6th day of January, 2004.
PATRICIA A. SANDERS
City Clerk
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NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0830 - PD 260 TTM 29691
Star Canyon Development Agreement
South Palm Canyon Drive between Mesquite Avenue and Tahquitz Creek Channel
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California will hold
a public hearing at its meeting of January 21, 2004. The City Council meeting begins at 7:00 p.m.
in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider a Development Agreement between Fairfield Resorts,
Inc. and the City of Palm Springs for Case 5.0830, a 255-unit timeshare project, in order to
memorialize the Financial Impact Mitigation Fee(FIM Fee)obligation and the property expectations
of the City and the Developer.
The FIM Fee is paid to the City to compensate City for certain costs imposed on the City by the
Project, and for improvements and services of the City that will benefit the Project. The FIM Fee
shall be paid to the City to compensate for the following: certain public infrastructure costs
benefitting the Project including for construction of the Belardo Bridge and street and drainage
improvements; public landscaping,lighting and maintenance costs arising from area development;
to compensate the City for the loss of transient occupancy tax revenue to City from the conversion
of the Project from a hotel to a timeshare development; to pay for the provision and maintenance
of public access to Indian canyons and desert lands through or adjacent to the Site; and to pay for
certain other service enhancements and other obligations undertaken by Developer.
A Mitigated Negative Declaration of environmental impactwas previously approved by City Council
on May 17, 2000, in conjunction with the approval of the Star Canyon Resort. Members of the
public may view this document in the Department of Planning and Zoning, City Hall, 3200 E.
Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Clerk at or prior to
the City Council hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised
at the public hearing described in this notice or in written correspondence, at or prior to the City
Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Douglas R. Evans, Director of Planning and Zoning, (760)
323-8245
PATRICIA A. SANDERS
City Clerk
VICINITY MAP N
W . F
Mw DIM
PROJECT LOCATION c�
LOCATION PLAN
CITY OF PALM SPRINGS
CASE NO.: 5,0830 DESCRIPTION:
Request for a development agreement for a time share resort
APPLICANT: Fairfield Resorts, Inc. Iocatedaton South Palmcanyon Drive between Mesquite Avenue
and Tahquitz Creek Channel,Zone C-1 and R-3,Sections 22 and
23.
Neighborhood Coalition List
as of October 1, 2003 MR PETER DIXON MR BILL DAVIS AND
Case 5.0830 431 SOUTH MONTE VISTA DRIVE MS TRISHA DAVIS
Star Canyon Development Agreement PALM SPRINGS CA 92262 227 SOUTH CAHUILLA
P.C. Meeting 12.10.03 PALM SPRINGS CA 92262
MR FRANK TYSEN MR BOB WEITHORN MR TIM HOHMEIER
CIO CASA CODY COUNTRY INN 261 SOUTH BELARDO ROAD 1387 CALLE DE MARIA
175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264
PALM SPRINGS CA 92264
MS CHRISTINE HAMMOND MR PHIL TEDESCO MR MARSHALL ROATH
1155 SOUTH CAMINO REAL 1303 WEST PRIMAVERA DRIVE MS SHERYL HAMLIN
PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 565 WEST SANTA ROSA DRIVE
PALM SPRINGS CA 92262
MS ROXANNE FLOSS MR WILLIAM I KESTERSON
930 CHIA SPONSORS FFD DEVELOPMENT
PALM SPRINGS,CA 92262 8427 SO PARK CIRCLE#300
ORLANDO FL 32819
MS MARGARET PARK
AGUA CALIENTE INDIANS REP AGUA CALIENTE BAND OF
CAHUILLA INDIANS
650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262
SENIOR SECRETARY
DEPT OF PLANNING&ZONING
�J�J�J� CITY OF PALM SPRINGS
CITY OF P.S. REP
PO BOX 2743
PALM SPRINGS CA 92263-2743
IJ965 , aase7 tJ_f' �� Cr��� slagel ssaippy @AUSAV Q%/
508 161 002 508 171 005 508 171 007
Riverside County Flood Cent John Polo Kat e^Polos Riverside oun Flood Cont
1995 Market St 777 S Pa you Dr 1995 Mar St
Riverside, CA 92501 Palm Sp rags, A 92264 Riverside, C 92501
508 171 008 508 171 009 508 172 007
John Polos&Kathe Polos Riverside. oun?y Flood Cont Russell Wade&Jane Wade
777 S Palm Canyon Dr 1995 Mark 'St Eldorado Country Club
Palm Springs,CA 92264 River ' e,CA 2501 Indian Wells, CA 92210
508 172 008 508 291 003 508 291 004
Riverside Co ty ood Cont Robert Wilson James Crippam
1995 Market i l l I E Alejo Rd 145 E Mesquite Ave
Riverside, A 92 1 Palm Springs, CA 92262 Palm Springs, CA 92264
508 291 028 508 291 029 508 291034
Jerold Harris&Larry Tabberer Erminia Verlengia Steven Reid
8830 Rangely Ave 1080 S Palm Canyon Dr 1000 S Pahn Canyon Dr
Los Angeles,CA 90048 Palm Springs, CA 92264 Pahn Springs, CA 92264
513 250 014 513 300 005 513 300 006
Chevrolet Macmagruder Parkview Mobile Estates hic Fey Family Investments Limited Partner
999 S Pahn Canyon Dr 211 W Mesquite Ave 2000 S Madrona Dr
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
Fey 300 0
George
ge 030 George
031
Fey FamilyJr. pients Limited Partner George Marantz&Dianne Marantz George Marantz&Dianne Marantz
2000 S lad
6 Palomino Rd 211 W Mesquite Ave
Pahn Spr' 2264 Pahn Springs, CA 92264 Pahn Springs, CA 92264
Smooth Feed Sheets TM Usetemplate for5160)
508 172 005 508AOPtshp Olympic-barrington Ptsgton
9229 W Sunset Blvd#625 922625
West Hollywood,CA 90069 We90069
MINUTE ORDER NO.
AWARDING IFB 04-06 TO SCHMIDT SERVICES, LLC AND APPROVING
A CONTRACT SERVICES AGREEMENT IN THE AMOUNT OF $26,200
FOR SOIL STERILIZATION SERVICES FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT.
I HEREBY CERTIFY that this Minute Order awarding IFB 04-06 to Schmidt
Services, LLC and approving a contract services agreement in the amount
of $26,200 for soil sterilization services for the Palm Springs International
Airport was adopted by the City Council of the City of Palm Springs,
California in a meeting thereof held on the 21 st of January, 2004.
PATRICIA A. SANDERS
City Clerk
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