Palm Springs City Council
December 5, 2022

operation of Concessionaire or its Subconcessionaires’ business and not for the purpose of consummating a sale which has been made at, upon or from the Concession Area. (xiii) The amount of any sum received as insurance proceeds or a judicial judgment or settlement to restore damage to property of Concessionaire, or to restore a tangible loss, theft or conversion;
(xiv) Any item, such as the cost of third-party shipping, for which the Concessionaire is reimbursed at actual cost therefor; provided, however, in the event that Concessionaire charges a customer more than the actual cost of such item (specifically including through the inclusion of a “handling” or similar charge by Concessionaire), any such addition charge shall be considered Gross Revenue.

Notwithstanding any provision of this Agreement to the contrary, the Concession Fee shall not be subject to the MAG set out in SUBSECTION 6.1.2 below at any time prior to the Commencement Date.
b. From the Commencement Date, Concessionaire shall pay to the City on a monthly basis the greater of a) one-twelfth of the MAG set out in SUBSECTION 6.1.2 below, or b) the Percentage Fee set out in subsection a. above.

6.1.2 Minimum Annual Guarantee Payment (MAG)
Concessionaire shall pay a MAG as outlined in Attachment “F” of EXHIBIT H.

6.1.2.1 Annual MAG Adjustment

6.1.2.1.1 The MAG shall be adjusted on an annual basis on the Annual Adjustment Date, as defined below. To make the MAG adjustment easier for accounting purposes, the annual MAG adjustment shall be effective on the first day of a calendar month.

6.1.2.1.2 The first Annual Adjustment Date for each MAG shall occur 12 months after the first day of the first full calendar month occurring after the Commencement Date.

Thereafter, this date shall serve as the Annual Adjustment Date. On each Annual Adjustment Date, the MAG shall be adjusted to equal eighty-five percent (85%) of the Concession Fee actually due to the City during the previous twelve (12) months.

However, the MAG for any year shall not be less than the previous year’s MAG. An Annual Adjustment shall be made at the end of each and every Annual Adjustment Date with respect to any underpayment or overpayment of the Concession Fee. If Concessionaire has overpaid the Concession Fee, City shall apply the overpayment to any monthly installment then due and payable to City.

6.1.2.1.3 Concessionaire shall not be entitled to any MAG reduction or other monetary compensation as a result of terminal evacuations ordered by the City or any other governmental authority.

6.1.2.2 MAG Adjustment Due to Airport Terminal Development The MAG shall be adjusted if the Concession Area is increased as a result of Airport Director’s acceptance of Concessionaire’s Proposal for any new Terminal facilities that become operational during the Term of this Agreement, in accordance with SUBSECTION

4.7. The amount of the adjusted MAG shall be in accordance with Concessionaire’s Proposal for such new Terminal facilities.

6.1.2.3 MAG Adjustment Due to Expansion or Contraction of Operations The MAG shall be adjusted due to expansion or contraction of the Concession Area as a result of changes in business conditions that necessitate the expansion or contraction of the Concession Area, or any part thereof, as required by the City, in accordance with SUBSECTION 4.8 . The MAG shall be reduced by the proportion of the Concession Fee due to the City for the Concession Location being affected over the total Concession Fee Item 3A - Page 20

from all location due to the City the previous 12 month period. For the subsequent Fiscal Year, the contracted location’s concession fees shall not be applied to the MAG calculation.

6.1.2.4 MAG Abatement due to decline in Passenger Activity

6.1.2.4.1 Among other passenger related statistics, the City calculates the number of enplaned passengers at the Airport. If the number of enplaned passengers in any given Fiscal Year as calculated by the Airport, falls below eighty five percent (85%) of the number of enplaned passengers during the previous Fiscal Year, then upon the next Annual MAG Adjustment Date, the MAG shall be reduced by taking the percentage of reduction of enplaned passengers over 85% from the previous Fiscal Year, and multiplying that fraction by the current year’s MAG.

6.1.2.4.2 There shall be no reduction in the MAG pursuant to this provision unless the number of enplaned passengers in any given Fiscal Year as calculated by the Airport, falls below eighty five percent (85%) of the number of enplaned passengers during the previous Fiscal Year.

6.1.2.4.3 For the succeeding Fiscal Year, the MAG shall then be set pursuant to SUBSECTION 6.1.2.1.

6.1.2.4.4 The Airport shall calculate the number of enplaned passenger no later than sixty (60) days after the end of each applicable year during the Term of this Agreement.

6.1.2.4.5 If the number of enplaned passengers in any given continuous three-month period as calculated by the City, falls below seventy percent (70%) of the number of enplaned passengers during the same continuous three-month period during the previous year, then for the following month, the MAG shall be reduced by taking the percentage of reduction of enplaned passengers from the same continuous three-month period during the previous year, and multiplying that fraction by one-twelfth current year’s MAG, to calculate that month’s MAG payment.

6.1.3 Monthly Fees and Due Dates

6.1.3.1 MAG Payment Due
Beginning on the Commencement Date, Concessionaire shall pay one-twelfth of the then current MAG payments in advance, without notice from City, on or before the first day of each calendar month during the Term of this Agreement. Concessionaire's obligation to pay a monthly MAG payment shall be independent of any amounts paid in prior months.

6.1.3.2 Percentage Fee Due and Monthly Concession Report

6.1.3.2.1 No later than twenty (20) days after the end of each month, occurring after the Commencement Date, Concessionaire shall deliver to the City as rent a sum of money which represents the amount by which the Percentage Fee in the preceding month exceeds the MAG and a Monthly Concession Report, in the form as attached as EXHIBIT F and incorporated herein by this reference for the preceding month’s activity, even if no money is due. If fees are due for any period less than a full calendar month, Concessionaire shall deliver the amount by which the applicable Percentage Fee exceeds the prorated MAG for such period.

6.1.3.2.2 If the Percentage Fee applicable to any month does not exceed the MAG payment for any month, no additional percentage of Gross Revenues shall be due and payable for such month. The amount due and payable for such month shall be one-twelfth of the applicable MAG. The Monthly Concession Report remains due no later than the 20th day of each month for the preceding month’s activity regardless of whether a Percentage Fee is due for any such month. The Monthly Concession Report shall be email ed to [email protected]
Item 3A - Page 21

6.1.3.2.3 If the Monthly Concession Report is not provided on or before the twentieth 20th day of each month as required herein, Concessionaire shall pay for administrative expenses incurred by City, a fee of Twenty-Five Dollars ($25.00) per day for each day that the Monthly Concession Report is late until such date as the Monthly Concession Report is submitted to the Airport Director. This fee is established by City Council Resolution and may be adjusted from time to time in accordance with City Council Resolution.

6.1.4 Annual Concession Fee Reconciliation (True Up)
An Annual Adjustment shall be made no later than sixty (60) days after the Annual Adjustment Date with respect to any underpayment or overpayment of the Concession Fee. If Concessionaire has overpaid the Concession Fee, City shall apply the overpayment to any monthly installment then due and payable to City. If Concessionaire underpaid the Concession Fee, Concessionaire shall pay such underpayment as stated in SUBSECTION 7.4 Underpayment by Concessionaire.

6.1.5 Payment of Rent, Fees or Charges
All rent, fees or charges required to be paid in advance on or before the 1st day of each month pursuant to the terms of this Agreement, shall be paid on or before the 1st day of each month without any requirement of notice from City, deduction, credit or offset. Such fees shall be deemed delinquent if not received by City on or before the 15th day of the month. Any fees or charges which are payable by Concessionaire in arrears for the preceding month's activity are due and payable within 30 days from the date of City's invoice. Concessionaire hereby acknowledges that late payment to City of any rent, fee, charge or other sum due hereunder will cause City to incur costs not contemplated by this, the exact amount of which will be extremely difficult to ascertain. If any such rent, fee, charge or other sum due from Concessionaire is not received by City on or before the due date, then Concessionaire shall pay to City a late payment fee equal to one and a half percent per month of the amount not paid, calculated for each day, from the due date until the date that payment is received by City. City reserves the right to require that any late payments be made only in the form to be specified by the Airport Director, and City further reserves the right to reject any late payment that is not in a form approved by the Airport Director. The parties hereby agree that such late fee represents a fair and reasonable estimate of the cost that City will incur by reason of Concessionaire's late payment. City's acceptance of such late fees shall not constitute a waiver of Concessionaire's default with respect to such overdue amount or stop City from exercising any of the other rights and remedies granted hereunder either at law or in equity.

6.1.6 Taxes and Assessments
Concessionaire shall pay, or cause the payment of, any and all other fees and charges, including, without limitation, all taxes, charges and assessments, interest payments, public agency fees and charges, insurance premiums, surety payments, and bond payments that are due and payable by Concessionaire under the provisions of this Agreement or under any laws.

6.1.7 Other Fees and Charges
In addition to any other fees, general charges or other amounts set forth elsewhere in this Agreement, Concessionaire shall pay any other general fees and charges as established by City when due.

6.2 Payment Location
The Concession Fee payable by Concessionaire shall be paid in lawful money of the United States, free from all credits, claims, demands, off-sets or counterclaims of any kind against City, to: City of Palm Springs – Finance, Payment Processing – P.O. Box 2743, Item 3A - Page 22

Palm Springs, CA 92263-2743, or to such person or at such place as City may designate from time to time in writing.

6.3 Security Deposit

6.3.1 Concessionaire shall deposit and maintain with City upon execution of this Agreement a sum equivalent to twelve (12) months of the first year’s MAG, due on the Commencement Date. The Security Deposit shall be payable to the “City of Palm Springs” in the form of: (a) an irrevocable standby letter of credit in a form as approved by the Airport Director. On each Annual Adjustment Date, Concessionaire shall adjust the Security Deposit to an amount equal to 12 months of the then current MAG calculated as of that Annual Adjustment Date.

6.3.2 The Security Deposit shall be held by City and may be applied against any unpaid fees, rates or charges due and owing to City under this Agreement. If City makes such deduction, Concessionaire shall restore the Security Deposit to the full amount required by Airport Director, within thirty (30) days of a written demand by Airport Director.

A failure to do so shall entitle City to terminate this Agreement on 30 days’ notice. Any amounts remaining from the Security Deposit (after deductions for delinquent or unpaid fees, costs, or charges as specified above) at the expiration or earlier termination of this Agreement shall be returned to Concessionaire, without interest, after a determination by the Airport Director that all amounts owed to City under this Agreement have either been paid in full or have been deducted from the Security Deposit. The Security Deposit shall continue eighteen months the Expiration Date of the Agreement.

SECTION 7 BOOKS AND RECORDS

7.1 Audit of Books and Records

7.1.1 Concessionaire shall maintain and make available for City’s inspection and/or audit at Concessionaire's Address specified in the Summary, for a period of not less than four years, separate and accurate daily, monthly and annual records of Gross Revenues using a form and method approved by Airport Director, and in accordance with generally accepted accounting principles (“GAAP”), showing in detail all business done or transacted. Concessionaire shall furnish City with such other financial or statistical reports as Director from time to time may reasonably require.

7.1.2 Concessionaire shall also maintain, or cause to be maintained by Subconcessionaire, separate and accurate records of construction on Fixed Improvements and Refurbishments in the Concession Area in accordance with GAAP.

7.2 Records Available for Inspection
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at no cost to City at any time during regular business hours upon written request by the Airport Director, City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided for inspection at a location designated by City when it is practical to do so. Unless an alternative location is mutually agreed upon, the records shall be available at Concessionaire’s Address indicated for receipt of notices in this Agreement.

7.3 Lost or Discarded Records
If City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Concessionaire’s business, City may, by written request by any of the above-named officers, require that custody of records be given to City and that the records and documents be maintained at a location designated by the Airport Director, City Attorney, City Auditor or City Manager. Access to such Item 3A - Page 23

records and documents shall be granted to any party authorized by Concessionaire, its representatives or its successor-in-interest.

7.4 Underpayment by Concessionaire
If any examination, inspection, and/or audit of Concessionaire's books and records by City discloses an underpayment by Concessionaire, Concessionaire promptly shall pay City the amount of such underpayment and, if such underpayment is in excess of one percent of the fees and charges due, the Concessionaire promptly shall reimburse City for all costs incurred in the conduct of such examination, inspection or audit, including interest from the time such underpayment was due, at the rate of one and one half percent per month.

Concessionaire shall furnish City with such other financial or statistical reports as Airport Director, from time to time, may reasonably require.

7.5 Statement of Gross Revenues

7.5.1 No later than ninety (90) days after the Annual Adjustment Date, as more particularly described in SUBSECTION 6.1.2.1, Concessionaire shall provide to the City for each Subconcessionaire an annual statement of Gross Revenues arising out of the operations of each Subconcessionaire for the preceding calendar year. Such statement shall be certified, at the Concessionaire’s sole expense, by a Certified Public Accountant.

As soon as practicable after the end of each calendar year, but in no event later than April 30th, Concessionaire shall provide a separate statement for the Concession Area showing, in reasonable detail, consolidated Gross Revenues for the preceding calendar year and the amount of MAG due to the City (the “Annual Concession Report”).

7.6 Preparation of Concession Reports

7.6.1 Each Monthly Concession Report as more particularly described in SUBSECTION 6.1.3.2.1 and Annual Concession Report shall be prepared on a cash accounting basis and certified by the Chief Financial Officer or other principal accounting officer of Concessionaire as being true and correct in all material respects. Each Annual Concession Fee Statement shall also be certified by a Certified Public Accountant affiliated with an accounting firm selected by Concessionaire and approved by the City, with the City’s approval not to be unreasonably withheld, conditioned, or delayed.

7.6.2 If the certified Monthly Concession Report or Annual Concession Report provided under this Section demonstrates a shortfall in comparison with the actual Concession Fee paid under SECTION 6, Concessionaire shall pay the amount of such shortfall with the next Concession Fee payment due, plus interest calculated from the date full payment should have been received by the City.

7.7 Delinquent Concession Reports
If Concessionaire is delinquent for fifteen (15) days or more in furnishing the City with any Annual Concession Report required to be delivered under this Agreement, Concessionaire shall pay the City twenty-five dollars ($25) per day thereafter per delinquency as liquidated damages for the City’s additional costs incurred in monitoring and enforcing Concessionaire’s compliance with this reporting requirement.

7.8 Quality Control Reports
Concessionaire shall provide to the City quality control audits and reports covering cleanliness of the Concession Area, timeliness of service and quality of the Products.

Also, Concessionaire shall furnish to the City such other financial or statistical reports as the City may reasonably require from time to time verifying compliance by Concessionaire with the terms of this Agreement.

If Concessionaire is delinquent for fifteen (15) days or more in furnishing the City with Quality Control Report requested by the City, Concessionaire shall pay the City twenty-five Item 3A - Page 24

dollars ($25) per day thereafter per delinquency as liquidated damages for the City’s additional costs incurred in monitoring and enforcing Concessionaire’s compliance with this reporting requirement.

7.9 Other Financial and Statistical Reports
No later than thirty (30) days after receipt of a request from the Airport Director, Concessionaire shall furnish the City with such other financial, statistical, or operational reports as the Airport Director, from time to time, may reasonably require, including but not limited to the purpose of determining the accuracy of the Gross Revenues, Concession Fee, labor compliance, ACDBE participation, and FAA requirements. Unless Concessionaire has requested additional time to produce any such reports and the Airport Director has approved any such request, a delinquent report fee in the amount of twentyfive dollars ($25) will be assessed for each day any such additional records are not timely received by the City.

SECTION 8 INSURANCE

8.1 Required Insurance Coverage

8.1.1 Prior to commencing any work or operations under this Agreement, Concessionaire at its sole cost and expense and for the Term of this Agreement, all extensions thereof, shall obtain and maintain or shall cause to be obtained and maintained insurance against claims for injuries to persons or damages to property which may arise from or in connection with the activities of Concessionaire and its agents, employees and contractors, meeting at least the minimum insurance requirements set forth in EXHIBIT D Insurance Requirements, attached hereto and incorporated herein by this reference, on terms and conditions and in amounts as required by City from time to time and with insurers acceptable to City. City shall not be obligated to take out insurance on Concessionaire's Property. Concessionaire shall provide City with certificates of insurance or copies of all policies and such endorsements as may be required by City.

These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager of the City of Palm Springs (“Risk Manager”).

8.1.2 From time to time at the request of the Risk Manager, Concessionaire shall provide a written statement of the replacement cost of the Concession Improvements, with a copy to the Airport Director.

8.2 Waiver of Subrogation
City and Concessionaire hereby mutually agree that so long as their respective insurance carriers concur, any fire and extended coverage insurance policies carried on properties which are the subject of this Agreement shall include a waiver of subrogation against the other party hereto, provided that such agreement applies only to subsequent loss.

SECTION 9 BAILEE DISCLAIMER
The Parties understand and agree that City in no way purports to be a bailee and is therefore not responsible in any way for any damage to Concessionaire's Property or the property of Concessionaire's contractors, agents, employees and invitees.

SECTION 10 INDEMNITY

10.1 Indemnification
Concessionaire, for and on behalf of its directors, officers, employees and agents, covenants and hereby agrees to indemnify, defend, protect and hold harmless City, its officers, employees, contractors and agents from and against any and all claims, demands, damages, obligations, liabilities, losses, costs, expenses, penalties, suits or judgments at any time received, incurred or accrued by City, its officers, agents, Item 3A - Page 25

employees, contractors or members of the public using Airport facilities, arising out of or resulting in whole or in part from any act (or failure to act) of Concessionaire, its officers, employees, contractors, agents, or permittees , or which results from their noncompliance with any Laws respecting the condition, use, occupation or safety of the Airport or the Terminal, or any part thereof, or which arises from the Concession Operations or which arises from Concessionaire's failure to do anything required under this Agreement, except as may arise from the sole active negligence or the willful misconduct of City, its officers, employees or agents. City's right to full indemnity hereunder shall arise notwithstanding that principles of joint, several or concurrent liability or comparative negligence, might otherwise impose liability on City pursuant to statutes, ordinances, regulations or other Laws. All of Concessionaire’s obligations under this Subsection are intended to apply to the fullest extent permitted by law and shall survive the expiration or sooner termination of this Agreement. In an action or claim against City in which Concessionaire is defending City, City shall have the right to approve legal counsel providing City’s defense. The provisions of SECTION 16 regarding the Americans with Disabilities Act of 1990 (“ADA”) shall not limit Concessionaire’s indemnification under this provision.

10.2 Assumption of Risk
Concessionaire agrees to and covenants that it shall voluntarily assume any and all risk of loss, damage or injury to the person or property of Concessionaire, its directors, officers, employees, agents, and contractors which may occur in, on or about the Terminal or the Airport at any time and in any manner, except such loss, injury or damage as may be caused by the sole active negligence or the sole willful misconduct of City, its officers, employees or agents. The indemnification obligations of Concessionaire shall include the obligation of Concessionaire to defend, indemnify, protect and hold harmless City, its officers, agents or employees, from and against fines, costs, claims, damages, obligations, suits, judgments, penalties, proceedings, causes of action, losses, liabilities or costs arising under the Americans with Disabilities Act of 1990 (ADA), which arise from Concessionaire's activities under this Agreement.

SECTION 11 WAIVER OF CLAIMS

11.1 Concessionaire, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims or causes of action which it may now or hereafter have against City, its officers, employees, contractors or agents for damages to its operations (including without limitation any interruption thereof), or to goods, wares, Product, equipment or other property on or about the Airport, and for injuries to or death of any persons on or about the Airport, from any cause or condition arising at any time, except as may arise from the sole active negligence or willful misconduct of City, its officers, employees or agents.

11.2 By way of example and not limitation, save and except as arises out of the sole active negligence or the willful misconduct of City, its officers, agents, contractors or employees, Concessionaire hereby waives any and all claims or causes of action which it may now or hereafter have against City, its officers, agents, contractors or employees (a) for loss, injury or damage sustained by reason of any deficiency, impairment and interruption of any water, electrical, gas, plumbing, air conditioning or sewer service or system serving any portion of the Airport; (b) for any loss, injury or damage arising or resulting from any negligent act or omission of any other tenant, subtenant, contractor, airline, concessionaire or occupant of the Airport, or any person who uses the Airport with or without the authorization or permission of City; (c) from the flight of any aircraft of any kind and all kinds in, through, across, or about any portion of the airspace above the Airport; (d) from noise, vibration, currents and other effects of air, illumination, and fuel consumption, or fear thereof, arising or occurring from or during the flight of any aircraft or from or during the use by aircraft of the Airport, including but not limited to, landing, Item 3A - Page 26

storage, repair, maintenance, operation, run-up, and take-off of such aircraft and the approach and departure of aircraft to or from the Airport; and (e) for any loss or damage to the property of, or injury or damage to Concessionaire, its officers, agents, employees, contractors, Subconcessionaires or any other person whomsoever, from any cause or causes arising at any time because of Concessionaire's uses or occupancy of such building or of the Airport, or its operations thereon.

SECTION 12 SECURITY MEASURES

12.1 Concessionaire agrees to abide by all provisions of the Airport's Security Plan approved by the Federal Aviation Administration (FAA) and/or Transportation security Administration (TSA), and agrees to institute and carry out all security measures as provided in the plan. Any violations of the security plan which result in fines to the City by the FAA and/or TSA, and which are caused by Concessionaire, its officers, agents, or employees, will be assessable to Concessionaire by City and will be deemed to be additional fees and charges payable by Concessionaire to City following invoice thereof by City to Concessionaire pursuant to SECTION 6 of this Agreement.

12.2 Concessionaire shall be solely responsible for instituting and carrying out specific security measures in the areas where it is authorized to operate to prevent vandalism or damage to persons or property. City shall be responsible only for general security throughout the Airport and shall not be liable for any vandalism or damage to persons or property that may occur in the areas of Concessionaire's Operation.

12.3 Concessionaire understands and acknowledges that City reserves the right to implement or change security measures that may limit public access to the Airport or the Terminal. In such event, Concessionaire waives all rights against City for such limitation, and City shall not be liable to Concessionaire for any amount, including compensation, in the form of reduction of the Concession Fee.

12.4 Concessionaire recognizes that the Airport is required to comply with the security mandates of the Department of Transportation, the Federal Aviation Administration, the Transportation Security Administration, the Department of Homeland Security, and with other governmental and administrative rules and regulations relating to airports. Any procedures determined by the City to be applicable to Concessionaire in order for the City to comply with the foregoing will be furnished to Concessionaire in writing and delivered by email and/or facsimile transmission, confirmed by mail, to Concessionaire at its notice address provided in this Agreement.

12.5 Concessionaire further agrees that all or a portion of its operations hereunder may be temporarily or permanently reduced or terminated if the Federal Aviation Administration (FAA) and/or Transportation Security Administration (TSA) requires that all or a portion of the Concession Improvements or Concessionaire's Furnishings, Trade Fixtures and Equipment must be removed from the Airport. In such event, the Airport Director is authorized, on behalf of City, to take all action necessary to comply with such requirement, including without limitation, terminating this Agreement.

12.6 The Concessionaire shall ensure that its employees participate in such safety, security and other training and instructional programs, as the City or appropriate Federal agencies may from time to time require.

12.7 To the extent any of Concession personnel require identification badges security clearance for access at the Terminal, and the screening of goods, products, equipment, materials and supplies, the Concessionaire is responsible at its expense for securing such badges, clearance and screening. The Concessionaire will cause Subconcessionaires to be similarly responsible for their personnel under the subconcession agreement, and will monitor compliance by Subconcessionaires with required badging and security clearances Item 3A - Page 27

and the screening of Subconcessionaires’ goods, products, equipment, materials and supplies. Concessionaire will apply default remedies under subconcession agreements as required to remedy violations or other deficiencies by Subconcessionaires.

SECTION 13 WASTE OR NUISANCE

13.1 Concessionaire shall not commit, cause, maintain, permit or suffer, or allow to be committed, caused, maintained or permitted, any legal waste upon the Concession Area, the Terminal or the Airport, or any public or private nuisance, or injury or any improper or unlawful use on the Airport or surrounding areas of the Airport, or any other act or thing, or omission to act, which may in any way disturb the quiet enjoyment of or obstruct or interfere with the rights of any other concessionaire, tenant, licensee, invitee or Subconcessionaire of any portion of the Concession Area, the Terminal or the Airport or any portion thereof. Concessionaire shall maintain in safe, good and clean condition all areas of the Airport where Concessionaire conducts its operations.

13.2 Without limitation of the foregoing, Concessionaire shall conduct its operations in accordance with all applicable United States Department of Transportation authorizations and Federal Aviation Administration Operating Certificates. Concessionaire shall obtain any and all permits and licenses required by City or other governmental entity as are necessary to conduct the activities authorized under this Agreement.

SECTION 14 SERVICES AND UTILITIES

14.1 City’s Obligation
Concessionaire has inspected and accepts the utility hookups in the Concession Area.

Unless and except to the extent otherwise specifically provided by other provisions of this Agreement, Concessionaire shall secure any electrical, gas, water, pest control, sewer to include grease trap removal and telephone services to the Concession Area utilized by the Concessionaire as it may require, upon prior approval of the Airport Director. Any additional utility connections beyond those in the Concession Area at the time of Concessionaire’s inspection are Concessionaire’s responsibility. Installation of such additional utility connections shall be at Concessionaire’s sole cost and expense and are subject to the provisions of SECTION 22 regarding Concession Improvements. Any utilities provided by City shall be paid by Concessionaire on a pro-rated basis as established by City. The location, relocation and coordination of all utilities and telephone facilities to service the Concession Area shall be subject to the prior written approval of the Airport Director. Concessionaire shall, upon request by the Airport Director, cap off all utility connections installed by Concessionaire and restore the affected areas to their original condition upon expiration or earlier termination of this Agreement.

Notwithstanding the foregoing, the pro-rata payment provisions of this paragraph shall not apply in the event Concessionaire directly pays utility providers for utility services.

14.2 Concessionaire's Obligation
During the Term, Concessionaire shall pay or cause to be paid at its sole cost and expense to City, within thirty (30) days after Concessionaire receives an invoice therefor, and protect, defend, indemnify and hold harmless City and the property of City, including the Concession Area, the Terminal and the Airport, from and against any charge for the installation, connection, maintenance and furnishing of all necessary utility services to the Concession Area which are not expressly supplied by City. Concessionaire shall be required to provide at its sole cost and expense for the provision of service distribution lines or connections, or installation thereof for utility service, as may be required to serve the Concession Operations. Concessionaire shall comply with all City, county, state or federal government-mandated energy conservation programs in fulfilling its obligations hereunder.

Item 3A - Page 28

14.2.1 Concessionaire agrees that it shall take reasonable steps and any such other action which it deems necessary to protect Concessionaire's Furnishings, Trade Fixtures and Equipment from any damage that may be caused to such equipment in the event of any deficiency, impairment and/or interruption of utility services. As more fully set forth in SECTION 11, Concessionaire waives any and all claims and/or causes of action against City for any such damages.

SECTION 15 MAINTENANCE AND REPAIRS

15.1 Limitation on City's Liability
Except as otherwise provided or permitted by Law, City shall not be liable for, and Concessionaire waives all claims or causes of action for, any injury or damage resulting in whole or in part, directly or indirectly, from, nor shall the Concession Fee or any other fee or charge reserved herein be abated by reason of, the installation of any City equipment, or the use or interruption of use of the Concession Operations in connection with the furnishing of any of the services to the Concession Area and/or the Terminal, or by the making of necessary repairs or improvements to the Concession Area and/or the Terminal.

15.2 Concessionaire's Obligations

15.2.1 During the Term of this Agreement, Concessionaire shall keep, at its sole cost and expense, the Concession Improvements and the Concessionaire's Furnishings, Trade Fixtures and Equipment, and every part thereof, in Like New, and clean condition, perform all custodial services, make all necessary repairs, and make all repairs or modifications required by Law in accordance with any and all City, and Airport policies.

15.2.2 Concessionaire shall, at its cost and expense, keep or cause its Subconcessionaires to keep the Concession Locations clean, neat, orderly, sanitary and presentable at all times.

15.2.3 Concessionaire shall have primary responsibility for all maintenance, cleaning and routine upkeep of the Common Areas, Concession Areas and any other designated area as determined by the Airport related to the Concessionaires Operation, at its sole cost and expense, and shall keep such Common Areas and Concession Areas in like-new condition at all times. If the Concession Locations are not kept in the condition as required in this Agreement, Concessionaire will be so advised by City and, upon such notice, shall take immediate corrective action.

15.2.4 Concessionaire shall be subject to Liquidated Damages in the amount of $400 per occurrence per day for non-compliance with the above provisions.

15.2.5 Concessionaire shall maintain and repair or cause to be maintained and repaired the interiors and exterior storefronts of the Concession Locations, including but not limited to the ceiling, walls, floors, doors, windows, equipment, furnishings, fixtures and appurtenances. Such maintenance and repairs shall include, but not be limited to, painting, laminating doors, replacement of light fixtures (including bulbs, tubes, ballasts, transformers and diffusers), and the replacement of all broken glass, which repairs shall be in quality and class equal to or better than the original work to preserve the same in good order and condition. Maintenance for all equipment furnished by Concessionaire or its Subconcessionaires for their operation shall remain the obligation of the Concessionaire or its Subconcessionaires. Concessionaire shall repair or cause to be repaired, at or before the end of the Term or Extension, if applicable, of this Agreement, all injury or damage done by the installation or removal of furniture and personal property so as to restore the Concession Locations to the state they were in at the commencement of this Agreement, reasonable wear and tear excluded. When used in this Agreement, the Item 3A - Page 29

term “maintenance” shall include all repairs, alteration, maintenance and/or removals deemed necessary by Airport Director.

15.2.6 The Airport Director shall be the sole judge of the quality of the repairs or maintenance or custodial services required of Concessionaire under this Agreement.

City’s employees and agents may enter upon the Concession Area to determine if maintenance satisfactory to Airport Director is being performed. If Concessionaire fails to perform the maintenance or the maintenance is not being performed in a manner satisfactory to Airport Director, Airport Director will notify Concessionaire in writing. If the maintenance is not so performed by Concessionaire within 15 calendar days after receipt of written notice, City shall have the right (but not the obligation) to enter upon the Concession Area and perform the necessary maintenance and, upon receipt of the notice of maintenance cost, Concessionaire agrees to promptly reimburse City for the maintenance cost incurred, plus an additional amount equal to ten percent thereof for administrative overhead. The demand for any payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Concessionaire.

15.2.7 Concessionaire shall arrange at Concessionaire's sole cost and expense for the adequate sanitary and safe handling of all trash and other refuse resulting from Concessionaire's operations. Concessionaire shall provide and use suitable covered fireproof receptacles for all trash and other refuse generated in connection with the Concession Operations in locations specified by Airport Director. Piling of refuse or other similar items in view of a public area is prohibited. Concessionaire shall participate in or comply with City’s recycling program(s), as requested by Airport Director.

15.2.8 Should the Airport endeavor to secure building maintenance in the form of a Maintenance Consortium, for the Concession Locations, Common Areas, and/or any Shared Use Areas, the Concessionaire agrees that is shall pay its pro-rata share of said expenses, which shall be based on the types of services included to the individual Concession Locations. These services could include, but are not limited to: on-call maintenance services, hood-cleaning services, grease line and grease trap maintenance, plumbing, or Shared Use Areas maintenance.

15.2.9 Concessionaire shall, at all times during the Term of the Lease and at Concessionaire’s sole cost and expense, keep the Concession Locations and every part thereof in a clean and sanitary condition, including having a pest control program in place.

SECTION 16 AMERICANS WITH DISABILITIES ACT

16.1 Concessionaire shall be solely and fully responsible for complying with the Americans with Disabilities Act of 1990 (ADA) in connection with: (a) the Concession Area or any portion thereof and its operations thereon, the Concessionaire's Furnishings, Trade Fixtures and Equipment and the concession Improvements; (b) removing physical barriers from the Concession Area; (c) providing auxiliary aids and services for use of the Concession Improvements and Concessionaire's Furnishings, Trade Fixtures and Equipment, where necessary or required; and (d) modifying its policies, practices, and procedures to comply with the ADA. Concessionaire shall develop a work plan to correct or avoid any violations or non-compliance with the ADA. Concessionaire shall deliver to the City, upon City's request, a copy of each report and work plan. City's approval of or acceptance of any aspect of Concessionaire's activities under this Agreement shall not be deemed or construed in any way as a representation that such item, activity or practice complies with the ADA. Concessionaire agrees to indemnify, defend, and hold the City harmless from and against any and all costs incurred by City with respect to Concessionaire's failure to comply with the ADA.

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16.2 Nothing herein shall relieve Concessionaire from the obligation to seek and obtain City's consent prior to commencing any construction, alteration or renovation pursuant to SECTION 22 hereof.

16.3 Inspection by Certified Access Specialist. Concessionaire agrees that it has received adequate notice that the Concession Area has not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e). Concessionaire understands and agrees that it has had an opportunity to request a CASp Inspection as a part of the bidding process. Concessionaire further understands and agrees that if it did not request a CASp Inspection by August 11, 2022, then Concessionaire has waived the right to a CASp Inspection. In the event that Concessionaire has timely requested a CASp inspection, Concessionaire agrees that: (i) the inspection will be at Concessionaire’s sole cost and expense; (ii) the inspection must be scheduled through City and in coordination with the Airport’s property manager; (iii) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Concessionaire’s responsibility; and (iv) Concessionaire must provide a copy of the CASp report to City on completion.

SECTION 17 TAXES AND ASSESSMENTS

17.1 Payment by Concessionaire
Concessionaire shall pay before delinquency and without notice or demand, any and all taxes (including, without limitation, any gross receipts income tax or excise tax), assessments, licenses, fees, possessory interest taxes, other public charges or penalties which may be levied, imposed or assessed against any of Concessionaire's leasehold interest, upon Concessionaire's equipment, business, operation, Gross Revenue or upon Concessionaire for the privilege of conducting business within the Concession Area, or upon any other property of Concessionaire within the Airport. Any such payment made under this Section shall not reduce the amount of the Concession Fee or any other fee that is required to be paid by Concessionaire to City under the provisions of this Agreement.

17.2 Possessory Interest Subject to Taxation
Concessionaire recognizes and understands that this Agreement is not intended to, but may create a real property possessory interest in the Concession Area, and that such interest may give rise to a real estate or possessory interest tax. In that event, Concessionaire agrees to pay such tax if and when it is due without any credit or offset to the Concession Fee or such other Concession Fees, rentals, or charges that are due and payable to City hereunder. City shall have no obligation to pay any possessory interest tax.

17.3 No Liens or Encumbrances
Concessionaire shall not permit or suffer any liens or encumbrances to be imposed upon the Concession Area, the Airport, or any building or structure thereon as a result of its activities without promptly discharging the same; provided, however, that Concessionaire may, if it so desires, contest the legality of same following prior written notice to City. In the event of a contest, Concessionaire shall provide a bond in an amount and in a form reasonably acceptable to City immediately following request therefor by City.

17.4 Tax - Hold Harmless
Concessionaire shall protect, defend, indemnify and hold City, including the Airport, and any improvements now or hereafter in the Concession Area, free and harmless from any liability, loss, or damage resulting from any taxes, assessments or other charges required Item 3A - Page 31

by this Agreement to be paid by Concessionaire and from all interests, penalties and other sums imposed thereon and from any proceedings to enforce collection of any such taxes, assessments or other charges.

17.5 Payment by City
If Concessionaire fails to pay any tax or charge required by this Section to be paid by Concessionaire, City may, but is not obligated to, on 30 days prior written notice to Concessionaire, pay, discharge or adjust such tax or charge for Concessionaire's benefit.

In such event, Concessionaire, on receipt of written demand of City, shall reimburse City promptly for the full amount paid by City in paying, discharging, or adjusting such tax or charge together with interest thereon from its due date at the maximum interest rate then allowed by law until paid, plus pay any penalties.

17.6 Contest of Tax or Charge

17.6.1 Notice of Contest
In the event that Concessionaire desires, in good faith, to contest or review by appropriate legal or administrative proceedings any tax or charge specified hereunder, Concessionaire, at least ten days prior to the delinquency of any such tax or charge or within the applicable period of time allowed by law, shall give City written notice of its intention to contest such tax or charge.

17.6.2 Procedure for Contest
Concessionaire may withhold payment of the tax or charge being contested if, but only if, nonpayment is permitted during the pendency of such proceedings without the foreclosure of any tax lien or the imposition of any fine or penalty. The contest shall be prosecuted to completion (whether or not this Agreement has expired or terminated) without delay at Concessionaire's sole cost and expense.

17.6.3 Payment upon Final Determination
Within the applicable period of time allowed by law after the final determination of the amount of tax due, Concessionaire shall pay the amount determined to be due, together with all costs, expenses and interest (whether or not this Agreement has then expired or terminated).

17.6.4 Failure to Pay Constitutes Event of Default
The failure to pay any tax or charge hereunder shall constitute an Event of Default, and the obligation to pay the same shall survive the termination of this Agreement.

SECTION 18 ASSIGNMENT

18.1 No Encumbrance
Concessionaire shall not mortgage, pledge, encumber, or otherwise hypothecate this Agreement, the Concession Operations or any interest of Concessionaire therein, voluntarily or involuntarily, or by operation of law.

18.2 Prohibition on Assignments, Transfers or Sublease

18.2.1 Concessionaire shall not assign, sublease, transfer or convey the rights of Concessionaire under this Agreement, the Concession Improvements, Concessionaire's Furnishings, Trade Fixtures and Equipment or the Concession Operations without the prior written consent of City, which City will not unreasonably withhold.

18.2.2 A transfer within the meaning of this SECTION 18 shall include, but is not limited to, the following: the incorporation of an individual Concessionaire and the transfer of Concessionaire's rights hereunder to the corporation which is not wholly owned by Item 3A - Page 32

Concessionaire; in the event that Concessionaire is a partnership, incorporation of Concessionaire and transfer of Concessionaire's rights hereunder to the corporation, or the withdrawal or addition of any partner to Concessionaire's partnership; in the event that Concessionaire consists of co-Concessionaires, the incorporation of Concessionaire and transfer of its rights hereunder to the corporation, or the voluntary or involuntary transfer by any one or more co-Concessionaires of his, her or its rights hereunder to his, her or its co-Concessionaire or to a third person; in the event that Concessionaire is a corporation, the change in the ownership of 50% or more of the capital stock of Concessionaire; and, in the event that Concessionaire is an unincorporated association, the incorporation of Concessionaire and the transfer of its rights hereunder to the corporation, or the change in 50% or more of the membership of the association.

18.2.3 The City may deny an assignment, transfer, and/ or sublease on the following grounds: (i) the proposed transferee’s intended use of the Concession Area is not for an aviation-related purpose or will materially and adversely affect the City’s interests at the Airport; (ii) the proposed transferee’s financial condition is or may be inadequate to support its obligations under this Agreement ; (iii) the proposed transferee has failed to meet any legal or contractual obligations to the City or is adverse to the City in any pending litigation; (iv) The proposed transferee does not have at least three years of continuous experience within the last five years in the ownership, management, or operation of similar concessions concepts; (v) by providing consent, the City would limit the ability to provide a competitive environment amongst the food and beverage concessionaires at the Airport, or (vi) upon further investigation by the City, the proposed transferee cannot meet the performance standards as outlined in EXHIBIT C , or the rest of this Agreement, to the satisfaction of the City. However, under no circumstances shall the City’s right to consent to an assignment, transfer, and/or sublease shall be limited to the grounds as specified in this SUBSECTION.

18.2.4 In addition, City's consent to any proposed transfer under this Agreement may be conditioned upon, among other things, the express written assumption by the proposed transferee of Concessionaire's obligations under this Agreement and/or performance of required or necessary repairs or maintenance to the Concession Area.

18.2.5 City may require payment by Concessionaire of any processing fee established by City pursuant to a resolution or ordinance for reviewing the proposed transfer and for preparing any documents in connection therewith. Concessionaire's failure to provide City with full, complete and necessary information, or to pay the processing fee, shall be sufficient cause for City to deny consent to, or to refuse to review, the proposed transfer.

18.2.6 The consent of City to any transfer described in this SECTION 18 shall not relieve Concessionaire of its obligation to obtain the further consent of City for any subsequent transfer. Any attempt to transfer without the consent of City shall be void, and shall constitute an Event of Default under this Agreement.

SECTION 19 GRANT AGREEMENT COVENANTS

19.1 Concessionaire acknowledges that City is subject to Federal Grant Agreement obligations as a condition precedent to the grant and receipt of federal funds for improvements to the Airport, and, accordingly, Concessionaire, for and on behalf of its representatives, successors and assigns, as part of the consideration hereof, covenants and agrees to be bound by the following covenants provided by the Federal Aviation Administration, as they may apply to Concessionaire. A comprehensive list of Federal Aviation Administration covenants are attached hereto as Exhibit I, and incorporate herein by this reference.

19.2 Concessionaire for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the Item 3A - Page 33

event facilities are constructed, maintained, or otherwise operated on any areas occupied or utilized by Concessionaire and described in this Agreement for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, Concessionaire shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations (CFR), DOT, Subtitle A, Office of the Secretary, Part 21 Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. These requirements are further described in SECTIONS 31, 32, and 33 of this Agreement.

19.3 Concessionaire for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the facilities; (2) that in the construction of any improvements on, over, or under any areas occupied by Concessionaire and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that Concessionaire shall use any areas occupied by Concessionaire in compliance with applicable law related to nondiscrimination.

19.4 That in the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement and to reenter and repossess any areas occupied or utilized by Concessionaire and the facilities thereon, and hold the same as if said Agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

19.5 Concessionaire shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided that Concessionaire may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

19.6 Without limiting the generality of any other terms or provisions of this Agreement, non-compliance with SUBSECTION 19.5, above, shall constitute a material breach thereof, and in the event of such non-compliance, City shall have the right to terminate this Agreement without liability therefor or, at the discretion of the City or the United States, either or both the Governments shall have the right to judicially enforce SUBSECTIONS

19.2, 19.3, 19.4 and 19.5 above.

19.7 Concessionaire agrees that it shall insert the above five provisions of this Section in any agreement by which Concessionaire grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public in the Concession Area herein authorized.

19.8 Concessionaire assures that it will comply with pertinent statutes, executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from federal assistance. This SUBSECTION

19.8 obligates Concessionaire or its transferee for the period during which federal assistance is extended to the Airport, except where federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, this SUBSECTION 19.8 obligates Concessionaire or any transferee for the longer of the following periods: (a) the period during which the Item 3A - Page 34

property is used by City or any transferee for a purpose for which federal assistance is extended, or for any purpose involving the provision of similar services or benefits; or (b) the period during which City or any transferee retains ownership or possession of the property. In the case of contractors, this SUBSECTION 19.8 binds the contractors from the solicitation period through the completion of the contract.

19.9 City reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of Concessionaire, and without interference or hindrance.

19.10 City reserves the right, but shall not be obligated to Concessionaire, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Concessionaire in this regard.

19.11 This Agreement shall be subordinate to the provisions and requirements of any existing or future grant document/agreement between City and the United States, relative to the development, operation or maintenance of the Airport.

19.12 There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport. This public right of flight shall include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from, or operation on the Airport.

19.13 Concessionaire agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Airport, or in the event of any planned modification or alteration of any present or future building or structure situated at the Airport.

19.14 Concessionaire, by accepting this Agreement expressly agrees for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on any areas occupied or utilized by Concessionaire to a height above the mean sea level that would exceed FAR Part 77 standards or elevations affecting the Airport navigable airspace. In the event the aforesaid covenants are breached, City reserves the right to enter upon any area utilized by Concessionaire and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Concessionaire.

19.15 Concessionaire, by accepting this Agreement, agrees for itself, its successors and assigns that it will not make use of the Airport in any manner which might interfere with the landing and taking off of aircraft from the Palm Springs International Airport or otherwise constitute a hazard. In the event this covenant is breached, City reserves the right to enter upon any areas used or occupied by Concessionaire and cause the abatement of such interference at the expense of Concessionaire.

19.16 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. Section 1349[a]).

19.17 This Agreement and its provisions shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of Airport or the exclusive or non-exclusive use of Airport by the United States during the time of war or national emergency.

SECTION 20 MODIFICATIONS FOR GRANTING FAA FUNDS
In the event that the Federal Aviation Administration requires, as a condition precedent to granting of funds for the improvement of the Airport, modifications or changes to this Item 3A - Page 35

Agreement, Concessionaire agrees to consent in writing upon the request of City to such amendments, modifications, revisions, supplements or deletions of any of the terms, conditions or requirements of this Agreement as may be reasonably required to enable City to obtain FAA funds, provided that in no event shall such changes materially impair the rights of Concessionaire hereunder. A failure by Concessionaire to so consent shall constitute a breach of this Agreement.

20.1 NonDiscrimination
(1) This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23.
(2) The Concessionaire agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements.

20.2 ACDBE Goal
An ACDBE Goal of 9.1% has been set for this concession. Concessionaire shall make a good faith effort to meet the goal throughout the term of the Agreement. Failure to make a good faith effort to meet the goal throughout the term of the Agreement may be considered a material breach of the Agreement and may result in the Concessionaire’s default of this Agreement as outlined in SECTION 23 of this Agreement.

20.3 NonDiscrimination
(1) This Ais subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23.
(2) The Concessionaire agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements.

20.4 ACDBE Participants
(1) Concessionaire shall utilize the specific ACDBEs listed to perform the work for which each is listed under the agreement structure listed unless Concessionaire obtains written consent from the City to terminate, replace, or change the scope of work of a listed ACDBE.
(2) Failure to obtain the City’s express written approval before terminating or substituting a listed ACDBE is a material breach of the Agreement and may result in the Concessionaire’s default of this Agreement as outlined in SECTION 23 of this Agreement.

20.5 ACDBE Participation Reporting Requirement
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Concessionaire shall quarterly report on the level of Airport Concession Disadvantaged Business Enterprise (“ACDBE”) Program participation in the Concession as required pursuant to the City’s ACDBE requirements.

SECTION 21 PROHIBITION ON GIFTS

21.1 Concessionaire is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in Section 7.10.020 of the Palm Springs Municipal Code. Concessionaire agrees not to offer any City officer or designated employee any gift prohibited by said Chapter.

21.3 The offer or giving of any gift prohibited by Palm Springs Municipal Code Section

7.10.020 shall constitute a material breach of this Agreement by Concessionaire. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for breach as provided in SECTION 24 of this Agreement.

SECTION 22 ALTERATIONS AND IMPROVEMENTS

22.1 Concessionaire’s Improvements

22.1.1 Concessionaire agrees to install the Concession Improvements and Concessionaire's Furnishings, Trade Fixtures and Equipment at its sole cost and expense without any reimbursement from City in accordance with the provisions of the Agreement and EXHIBIT H.

22.1.2 Concessionaire shall be solely responsible for the proper installation of the Concession Improvements and Concessionaire's Furnishings, Trade Fixtures and Equipment, and shall be liable for any damage or loss to any portion of the Terminal which results from the installation or use of the Concession Improvements or any work related thereto.

22.1.3 Concessionaire shall serve as the project manager and will provide the management, administration and coordination of all design and construction associated with the maintenance, repair and/or subleasing of the Concession Area. This will include, without limitation, all fixed improvements and/or refurbishments to be constructed in the Concession Area, whether initial construction and alterations associated with any expansion, redevelopment or refurbishment of the Concession Area or future construction and alterations, and including cleaning and maintenance of external design elements installed as directed by City.

22.1.4 Concessionaire shall be responsible for the supervision and coordination, subject to the prior written approval of the City, of the design of all Concession Improvements, including, without limitation, the design of storefronts and the specifications of equipment.

Concessionaire shall ensure that all required permits are obtained prior to the commencement of any work or proposed modifications to the Concession Areas.

22.1.5 In accordance with Concessionaire’s Authorized Activities, Concessionaire shall design, coordinate and build-out the interior finishes of the concession spaces, common area seating, tables, fixtures, flooring, finishes, signage, as well as demising partitions and back-of-house facilities such as shared employee bathrooms, tray wash areas or temporary trash storage. Concessionaire also will provide the necessary back-of-house common use equipment.

22.1.6 Concessionaire shall ensure that all Concession Areas, including Subconcessionaire Concession Areas, are open and operating on the specific Concession Area opening date(s) as stated on EXHIBIT H . Day-to-day construction delays shall result in liquidated damages assessed in the amount of $850 for Food and Beverage spaces and $500 for Retail spaces per day, per location until the Concession Location is open and operating.

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22.1.7 Concessionaire shall comply with the construction and modification requirements located in the current Tenant Manager Reference Guide as further described in EXHIBIT C.

22.2 Schedule

22.2.1 No later than 30 days after the Effective Date, Concessionaire shall deliver to City an overall construction program for the Concession Improvements, including a time schedule for the same, which shall be subject to approval by the Airport Director. Such schedule shall, at a minimum, include the following milestones for each Concession Area site: (1) phased construction time plan, which provides for continuous service at the Airport; (2) submission of plans and specifications to City; (3) approval of plans by all required authorities; (4) contractor’s bid; (5) construction; and (6) completion date.

22.2.2 Concessionaire, along with Concessionaire’s architect/engineer, and others as necessary, shall attend weekly meetings with City representatives for the purposes of reviewing plans and designs.

22.3 Approval of Plans and Specifications

22.3.1 Concessionaire shall prepare all plans as required under this Agreement. These plans are subject to prior written approval by the City.

22.3.2 Concessionaire shall be required to follow the City standards for Concession Improvements Design Criteria for all alterations or improvements. Submittals must meet all requirements before the Airport Director issues a written approval.

22.3.3 Concessionaire shall not construct any Concession Improvements or make any subsequent alterations or additions to the Concession Improvements, without the prior written approval of the Airport Director. The Airport Director’s approval shall be in the form of a Notice to Proceed (“NTP”). Full and complete plans and specifications for all work, facilities and Concession Improvements, and the time required to complete same, shall be submitted to, and must receive the written approval of Airport Director before work or construction is commenced. First-class standards of design and construction will be required in connection with all such work, facilities and improvements. All construction must conform to the plans and specifications as approved by Airport Director and the established architectural design scheme for the Airport.

22.3.4 Concessionaire may enter the Concession Locations to conduct pre-construction planning and preparation work that does not interfere with the operations of the then current concessionaires with prior approval and coordination with the Airport.

Concessionaire must be escorted by proper Airport security or by designated Airport personnel upon the Airport Director’s prior approval as may be required.

22.3.5 Original CADD files, eight hard copies and one soft copy in PDF format of plans for all improvements or subsequent changes or alterations shall be given to Airport Director for review prior to commencement of construction. Submittals must meet all requirements before the Airport Director issues a written approval. Airport Director, after giving his final approval, shall return to Concessionaire one approved copy for its records.

22.3.6 Upon completion of all work, Concessionaire shall provide to Airport Director accurate drawings that reflect the “as-built” conditions. Final submittal shall include the original CADD files, two hard copies and one soft copy in PDF format of plans. All final submittals must meet all Airport requirements. Concessionaire agrees that, upon the request of Airport Director, Concessionaire will inspect the Concession Area jointly with Airport Director to verify the “as-built” drawings. Concessionaire further agrees that all discrepancies will be corrected and Concessionaire shall resubmit the entire final submittal.

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22.4 Minimum Capital Investment Expenditure

22.4.1 Concessionaire shall invest a minimum of $450.00 per square foot (“PSF”) in the development of the Concession Area. The per square foot minimum capital investment rate was calculated based on EXHIBIT H.

22.4.2 Included in Concessionaire’s Capital Investment Expenditure, are all costs to fully renovate and fit-out all Concession Areas, including any City-required demising walls between Concession Locations.

22.4.3 There is no maximum limit to the level of investment permitted of the Concessionaire. The City shall not be responsible for any investments above and beyond the stated value herein, and shall not compensate Concessionaire for any expenditure above the stated Minimum Capital Investment Expenditure.

22.4.4 The Minimum Capital Investment Expenditure shall be expended on the Concession Improvements constructed by Concessionaire. If the stated minimum is not expended, Concessionaire shall pay to City an amount equal to the difference, if any, between the Minimum Capital Investment Expenditure and its actual investment within 90 days after opening of the Location for which the expenditure was required.

22.4.5 Within 90 days after opening of each location, the Concessionaire shall submit documentation for verification by the City, of the Minimum Capital Investment Expenditure as follows: (a) the Concessionaire has obtained all necessary written approvals for its construction, (b) the Concessionaire has reported each improvement and its costs, (c) architectural and design fees do not exceed ten percent of the costs of the improvement, (d) all said costs are properly supported and made available for audit. All said costs must be direct costs paid by Concessionaire to independent contractors and suppliers for work actually performed on said Concession Area, materials furnished or professional services rendered. Costs associated with Concessionaire’s employees shall not be included in the calculation of these costs and (e) Concessionaire shall, at its expense provide City with ‘as-built’ drawings and paid invoices, showing material and labor costs involved in the construction of the approved structural improvement within 90 days of the date that the improvement was placed in service.

22.5 Midterm Refurbishment Expenditure

22.5.1 For Concessionaires proposing refurbishments, this SUBSECTION will include a description of these refurbishments and a timeline for completion.

Midterm refurbishments will be as show in Attachment H Concessionaire’s Proposal.

22.5.2 The Refurbishment shall be conducted while Concession Locations are open for business, unless otherwise approved at the sole discretion of the Airport Director.

22.5.3 The required expenditure by Concessionaire for the Refurbishment (the “Minimum Refurbishment Expenditure”) shall be no less than ten percent (10%) of the actual Capital Improvement Expenditure expended on the Concession Improvements constructed by Concessionaire as verified by the City as stated in SUBSECTION 22.4.5.

22.5.4 The Minimum Refurbishment Expenditure, shall exclude any amount determined by the Airport Director to have been or be spent by Concessionaire in order to maintain the Concession Area and Common Area in Like New condition during the Term of this Agreement including but not limited to, routine and deferred repair and/or maintenance of the Concession Area, the repair and/or replacement of the Pollution Control Unit(s) and the ACORN Vac plumbing and drainage system.

22.5.5 Concessionaire shall pay to the City an amount equal to the difference, if any, between the required Minimum Refurbishment Expenditure and Concessionaire’s actual investment within 60 days of completion of the Refurbishment.

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22.5.6 The Minimum Refurbishment Expenditure shall be depreciated by Concessionaire on a straight-line basis, with no residual value, starting from the date that Concessionaire completes the Refurbishment through the end of the initial contract term.

22.5.7 Within 90 days after completion of any Refurbishment at any Concession Location, the Concessionaire shall submit documentation for verification by the City of the Refurbishment Expenditure as follows: (a) the Concessionaire has obtained all necessary written approvals for its construction, (b) the Concessionaire has reported each improvement and its costs, (c) architectural and design fees do not exceed ten percent (10%) of the costs of the improvement, (d) all said costs are properly supported and made available for audit. All said costs must be direct costs paid by Concessionaire to independent contractors and suppliers for work actually performed on said Concession Area, materials furnished or professional services rendered. Costs associated with Concessionaire’s employees shall not be included in the calculation of these costs and (e) Concessionaire shall, at its expense provide City with ‘as-built’ drawings and paid invoices, showing material and labor costs involved in the construction of the approved structural improvement within 90 days of the date that the improvement was placed in service.

22.5.8 Nine months prior to the Refurbishment Period Concessionaire shall provide the City with its proposed development and construction plan, as well as a project budget with respect to the applicable refurbishment. All such refurbishments shall be completed no later than the dates stated above in SUBSECTION 22.5.1. Day-to-day construction delays shall result in liquidated damages assessed in the amount of $1,000 per day, per location until the Concession Location has completed the Refurbishment.

22.6 Allowable Improvement Costs
The following Concession Improvement Costs (collectively referred to as “Concessionaire’s Allowable Improvement Costs”) may be counted toward Concessionaire’s Minimum Capital Improvement Expenditures, and the Minimum Refurbishment Expenditure.

22.6.1 Costs incurred by Concessionaire for: improvements; furnishings; fixtures (both removable and non-removable); interior walls and doors; plumbing, electrical and mechanical improvements; lighting; wall finishes; ceiling finishes; flooring; removable and non-removable counters; and removable and non-removable equipment that is necessary to the operation of the Concession Area and Common Areas.

22.6.2 Design and engineering costs not to exceed ten percent (10%) of the total approved cost of Concessionaire’s Improvements as defined above.

22.6.3 Construction management fee, which shall not exceed five percent (5%) of the total approved cost of Concessionaire’s Improvements as defined above.

22.6.4 City’s Planning, Building and Code Enforcement Department fees (as outlined in SUBSECTION 22.9.2).

22.6.5 Costs and expenses which are payable by Concessionaire for City engineering and inspection fees (“E&I Fees “).

22.6.6 Directly contracted construction costs.

22.7 Unallowable Improvement Costs
The following capital improvement costs shall not be counted as part of Concessionaire’s Minimum Concession Improvement Expenditure:

22.7.1 Concessionaire’s costs for internal design, review, management and oversight of Concession Area construction.

22.7.2 Concessionaire’s licensing or franchising costs.

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22.7.3 Routine or deferred maintenance or repairs including but not limited to the repair and/or replacement of equipment, Pollution Control Unit(s) and the ACORN Vac plumbing and drainage system.

22.7.4 Personal property, inventory, and/or expendables, (i.e., expenditures or expenses associated with the sales or marketing of the project or food and beverage location, including, but not limited to, brochures, business cards or other collateral materials).

22.7.5 Any other future renovation and remodeling of Concession Improvements which Concessionaire, at its option, elects to make during the Term.

22.8 City's Rights

22.8.1 City shall have the right to renovate or remodel any portion of the Airport Terminal which is contiguous with the perimeter of the Concession Area. The provisions of SUBSECTION 4.8 shall govern any relocation of Concessionaire’s operation due to City’s renovation or remodeling of the Terminal. If possible, City shall exercise such right with a minimum amount of inconvenience to Concessionaire, and Concessionaire shall not be entitled to any payment or credit from City if City exercised such right in accordance with this SUBSECTION.

22.8.2 If Concessionaire is required to temporarily cease operations in any Concession Location pursuant to the provisions of SUBSECTION 4.8 to enable City to perform and complete the intended renovation or remodeling, City agrees to pay for or reimburse Concessionaire for any reasonable costs incurred by Concessionaire in accordance with the provisions of SUBSECTION 4.8. Such right of reimbursement shall not exist in the event that Concessionaire initiated the relocation of its Concession Operations.

22.9 Contracting Requirements and Approvals

22.9.1 All Concession Improvements, Concessionaire’s Furnishings, Trade Fixtures and Equipment, including the plans and specifications therefor, constructed or installed by Concessionaire, its agents or contractors shall conform in all respects to the most current and applicable statutes, ordinances, building codes and rules and regulations adopted by the City of Palm Springs.

22.9.2 Concessionaire shall obtain at its sole cost and expense all governmental reviews and approvals (including any approvals of the Airport Director or any other City official), licenses and permits which are, or may be, required and are necessary to install the Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment and to operate the Concession Operations, including, but not limited to, all plans and specification approvals, site development reviews, development permits and building permits. The costs and expenses which are payable by Concessionaire to secure these reviews and approvals may include City Planning, Building and Code Enforcement Department fees. Concessionaire shall comply with all conditions, restrictions or contingencies imposed upon, or attached to, the governmental approvals, licenses and permits described herein.

22.9.3 If required by law, Concessionaire shall require each contractor or subcontractor to pay Prevailing Wages for Concession Improvement construction work in compliance with SECTION 5 of this Agreement.

22.9.4 Prior to contracting with a third party for the construction of the Concession Improvements, Concessionaire shall notify the Airport Director and provide a detailed scope of work to be performed. The Airport Director will issue a Classification Determination for the work to be performed.

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22.9.5 All work shall be performed only by competent contractors who have proven, to the satisfaction of the Airport Director, as: (1) having satisfactory experience in construction at an airport, or more specifically at the Airport, of a construction project equal to or greater than the construction project contemplated by this Agreement; and (2) being duly licensed under the laws of the State of California. If the contractor has done previous work at the Airport, and in the Airport Director’s sole discretion, determines that the contractor has not completed that work to the Airport Directors satisfaction, the Airport Director may have the right to request that the Concessionaire select a new contractor. All such work shall be performed pursuant to written contracts with such contractors.

22.9.6 The Airport Director's approval shall not be deemed to include the approval of any other City department or governmental or public entity which Concessionaire may be required to obtain.

22.9.7 Any Concession Area located on the secure side (sterile area) of the any terminal, Concessionaire shall, at Concessionaire’s sole cost and expense, provide an Airport-approved Security Guard at the construction site during construction or secure the Concession Area by any other means as required and approved by the Airport.

22.10 Removal

22.10.1 During the Term, Concessionaire shall not remove the Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment, in whole or in part, without the Airport Director's prior written consent. The Airport Director may exercise his absolute discretion and condition such consent upon the obligation of Concessionaire to replace the same with other improvements or equipment specified in such consent.

22.10.2 Upon installation, the City shall have title to the Concession Improvements, provided that City shall have the right, in the Airport Director’s sole discretion, to require Concessionaire to remove any or all Concession Improvements upon termination or expiration of this Agreement. The Concessionaire’s Furnishings, Trade Fixtures and Equipment shall remain the property of Concessionaire and shall be removed from the Airport upon termination or expiration of this Agreement unless Concessionaire obtains Airport Director’s written consent to leave Concessionaire’s Furnishings, Trade Fixtures, Equipment and any and all wiring installed by Concessionaire within the premises, the building risers, or plenums, at the Airport. Concessionaire shall ascertain from the Airport Director, at least eight (8) months prior to the Expiration Date, or as soon as possible if this Agreement is terminated earlier, whether City will require Concessionaire to remove any Concession Improvements or, if Concessionaire desires to leave Concessionaire’s Furnishings, Trade Fixtures and Equipment at the Airport, whether the City will accept such Concessionaire’s Furnishings, Trade Fixtures and Equipment. If the Airport Director determines that any or all Concession Improvements shall be removed, Concessionaire shall, by no later than six (6) months prior to the Expiration Date, or as soon as possible if this Agreement is terminated earlier, provide a demolition plan to the Airport Director, which plan shall include a timeline for completion and total estimated costs of demolition of the Concession Improvements.

22.10.3 Any Concession Improvements or Concessionaire’s Furnishings, Trade Fixtures and Equipment left by Concessionaire at the Airport shall be free and clear of any liens, and Concessionaire shall execute documents conveying title to City, at City’s request.

22.10.4 Removal of Concession Improvements and Concessionaire’s Furnishings, Trade Fixtures and Equipment shall be at Concessionaire's sole cost and expense. In the event of an early termination of this Agreement by City for cause, the Airport Director shall give notice of removal of Concession Improvements, if removal is required by City. Removal Item 3A - Page 42

shall occur within 30 days following Concessionaire's receipt of such notice, but in no event later than the Expiration Date or the date of earlier termination of this Agreement.

22.10.5 In the event Concessionaire fails to remove, or expresses an intention not to remove, any Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment required by the Airport Director to be removed pursuant to this Section, City may enter upon the Concession Area and remove such Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment at the sole cost and expense of Concessionaire. Concessionaire agrees to promptly reimburse City for all costs and expenses of removal, plus ten percent (10%) thereof for administrative overhead, or such percentage as approved and established from time to time by the City Council. The obligation to reimburse City for such expenditures shall survive the termination of this Agreement. Any receipt showing payment by City of expenditures associated with the removal of Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment shall be prima facie evidence that the amount of such payment was necessary and reasonable and made by City on Concessionaire's behalf.

22.10.6 Concessionaire shall repair at its sole cost and expense any and all damage to the Concession Area, the Terminal or any part of the Airport occasioned by the removal of the Concession Improvements and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment, or Concessionaire's Property from the Concession Area or any other area of the Airport, and shall leave all of the remaining improvements in good and clean condition and repair, ordinary wear and tear excepted, and shall appropriately “cap off” all utility connections. City may also require Concessionaire to remove any and all special equipment and any installations that are unique to Concessionaire, and Concessionaire shall comply with such requirement.

22.11 Liens
Concessionaire shall keep the Concession Area, the Terminal and the Airport free of any liens arising out of the work performed, materials furnished or obligations incurred by Concessionaire in the performance of any construction or installation of Concession Improvements or Concessionaire’s Furnishings, Trade Fixtures and Equipment.

Concessionaire shall notify City at least ten (10) days prior to the commencement of any work to be performed or materials to be furnished on the Concession Area which could give rise to any such lien. City shall have the right to post and keep on the Concession Area any notices that may be required by law or which City may deem proper for the protection of City, the Terminal or the Concession Area from such liens.

22.12 Payment and Performance Bonds
Prior to the commencement of any construction, betterment, improvement, alteration, addition, repair, demolition or reconstruction of the Concession Improvements or the Concession Area by Concessionaire or its contractor(s), Concessionaire or its contractor(s) shall furnish to City, and without expense to City, a payment and performance bond pursuant to California Civil Code Sections 3247, 3248 et. seq. Such bond shall name Concessionaire or Concessionaire's contractor(s) as principals and the City as oblige. Each of the bonds shall be equal to one hundred percent (100%) of the total amount of the contract or contracts for the construction, alteration, demolition or repair of the improvements and facilities. The bonds shall guarantee the prompt payment to all persons named in California Civil Code Section 3181, amounts due under the Unemployment Insurance Code and amounts required to be deducted, withheld or paid over to the Employment Development Department from the wage of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, insure completion of the Concession Improvements, and reasonable attorneys' Item 3A - Page 43

fees. Prior to commencement of any work requiring a bond, the bond must be approved by the City Attorney and filed with the City Clerk. Immediately upon completion of any work or improvements, Concessionaire shall record in the Engineering office of the City of Palm Springs a notice of completion complying with the requirement of California Civil Code Section 3093.

SECTION 23 DEFAULT BY CONCESSIONAIRE
In addition to the other defaults specified in this Agreement, the Airport Director may determine in the Airport Director’s sole discretion that Concessionaire is in default under this Agreement after providing reasonable notice and opportunity to cure to Concessionaire, if:

23.1 Concessionaire fails duly and punctually to pay the Concession Fee, or to make any other payment required hereunder, when due to City; or

23.2 Concessionaire fails to maintain any insurance required under SECTION 8 ; or

23.3 A court makes or enters any decree or order: (i) adjudging Concessionaire to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Concessionaire under the bankruptcy laws or any other applicable debtor’s relief law or statute of the United States or any state thereof; (iii) appointing a receiver, trustee or assignee of Concessionaire in bankruptcy or insolvency or for its property; (iv) directing the winding up or liquidation of Concessionaire and such decree or order has continued for a period of thirty (30) days; or (v) Concessionaire voluntarily submits to or filed a petition seeking any such decree or order; or

23.4 A petition under any part of the Federal Bankruptcy Laws, or an action under any present or future insolvency law or statute, is filed against Concessionaire and is not or shall not be dismissed within thirty (30) days after the filing thereof; or

23.5 Concessionaire assigns or otherwise transfers its interest in this Agreement in violation of the provisions contained in this Agreement whether voluntarily or by operation of law; or

23.6 Concessionaire makes a general assignment of its assets for the benefit of its creditors; or

23.7 The sequestration or attachment of, or execution or other levy on, Concessionaire’s interest in this Agreement or the Concessionaire's Furnishings, Trade Fixtures and Equipment or any improvements located thereon occurs and Concessionaire fails to obtain a return or release of such property within thirty (30) days thereafter, or prior to sale pursuant to such levy, whichever first occurs; or

23.8 Concessionaire fails to install the Concessionaire’s Furnishings, Trade Fixtures and Equipment and Concession Improvements in compliance with the Schedule as provided in SUBSECTION 22.2 above; or

23.9 The Concession Operations are repeatedly unavailable for use by the public, as more specifically provided in SECTION 4 Insurance; or

23.10 Concessionaire fails to keep, perform and observe the Airport Operation Guidelines as provided in Exhibit C; or

23.11 Concessionaire fails to keep, perform and observe the Pricing Program as provided in EXHIBIT G;

23.12 Concessionaire breaches any same Performance Standard Breaches more than four (4) times within one (1) calendar year; or
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23.13 Concessionaire fails to keep, perform and observe each and every other promise, covenant and agreement set forth in this Agreement, and such failure continues for a period of more than ten (10) days after delivery by Airport Director of a written notice of such breach or default, except where fulfillment of its obligation requires activity over a period of time, in excess of ten (10) days, and Concessionaire commences in good faith to perform whatever may be required for fulfillment within ten (10) days after receipt of notice and continues such performance without interruption, except for causes beyond its control.

23.14 Any representation or warranty made by Concessionaire hereunder is false or misleading in any material respect as of the date on which such representation or warranty is made; or

23.15 The occurrence of any act or omission on the part of Concessionaire which operates to suspend, revoke or terminate any certificate, permit, franchise, approval, authorization or power necessary for Concessionaire to lawfully conduct the Operations which Concessionaire is required or permitted to conduct on the Concession Area or on the Airport; or

23.16 Any lien is filed against the Concession Area and/or Concessionaire’s Furnishings, Trade Fixtures and Equipment because of any act or omission of Concessionaire, and is not discharged or contested by Concessionaire in good faith by proper legal proceedings within twenty (20) calendar days after receipt of notice thereof.

SECTION 24 CITY'S REMEDIES

24.1 Termination
Upon any default and after providing written notice and a reasonable opportunity for Concessionaire to cure such default, City shall have the right at City's discretion to terminate this Agreement by giving Concessionaire written notice of termination in which event this Agreement shall terminate on the date set forth for termination in such notice.

Any termination under this paragraph shall not relieve Concessionaire from the payment of any sums then due to City or from any claim for damages or fees previously accrued or then accruing against Concessionaire. In no event shall City have any obligation to Concessionaire, financial or otherwise, as a result of the termination of this Agreement following a default.

24.2 Damages
In the event City elects to terminate this Agreement, Concessionaire shall pay to City all amounts owing at the time of termination on account of Concessionaire's breach of any term, covenant or condition of this Agreement including, but not limited to, unpaid fees plus interest thereon on all such amounts from the date due until paid at the rate of one and one half percent (1 ½ %) per month; and any other amount to compensate City fully for all detriment proximately caused by Concessionaire's failure to perform its obligations hereunder or which in the ordinary course would likely result therefrom.

24.3 Liquidated Damages
Concessionaire understands and agrees that one of the City’s primary goals in granting the concession is to ensure that customer service provided to the traveling public using the concession services at the Airport is of the highest caliber and is consistent with the image that the City and the Airport want to project to its users and visitors. Concessionaire further agrees that City will suffer damage if Concessionaire fails to meet these standards and that, due to the nature of certain breaches, the actual damage to the City would be impractical or very difficult to determine. These Standards have been defined in , EXHIBIT G and throughout the Agreement. The City may, throughout the term of the agreement, amend the performance standards with prior written notice. The City shall provide Item 3A - Page 45

Concessionaire with the amended performance standards and written notice of the effective date of any such amended performance standards prior to the Effective Date.

CONCESSIONAIRE AND CITY ACKNOWLEDGE THAT CITY’S ACTUAL DAMAGES IN

THE EVENT OF A BREACH OF SUCH PERFORMANCE STANDARDS WOULD BE IMPRACTICAL OR VERY DIFFICULT TO DETERMINE. CONCESSIONAIRE AND CITY

AGREE THAT THE AMOUNTS SET FORTH IN , EXHIBIT G AND THROUGHOUT THE

AGREEMENT, SHALL BE PAID TO CITY AS LIQUIDATED DAMAGES IF

CONCESSIONAIRE BREACHES THE PERFORMANCE STANDARDS SPECIFIED IN EXHIBIT C, EXHIBIT G AND THROUGHOUT THE AGREEMENT. THEREFORE, BY

PLACING THEIR SIGNATURES BELOW, CITY AND CONCESSIONAIRE

ACKNOWLEDGE THAT THE AMOUNTS SET FORTH IN EXHIBIT G AND THROUGHOUT THE AGREEMENT HAVE BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES IN THE EVENT OF SUCH BREACH.

CITY’S ACCEPTANCE OF ANY LIQUIDATED DAMAGES AS A RESULT OF A

PERFORMANCE STANDARD BREACH SHALL NOT PREVENT CITY FROM

EXERCISING ANY OTHER RIGHT OR REMEDY FOR DEFAULT AVAILABLE TO CITY UNDER THIS AGREEMENT.

24.3.1 Performance Standards Breaches
Performance Standards are set forth in EXHIBIT C, , EXHIBIT G and throughout the Agreement. The specified breaches in EXHIBIT C, EXHIBIT G and throughout the Agreement shall be referred to as “Performance Standard Breaches.” Concessionaire agrees to pay to City the amount specified throughout EXHIBIT C, EXHIBIT G, and the Agreement.

24.3.1.1 Performance Standard Breaches may accrue immediately and without notice upon violation as follows:
a. First Performance Breach: Assessed liquidated damages at the rates stated in EXHIBIT G and throughout the Agreement.
b. Second Performance Breach: Liquidated damage amounts at the rates stated in EXHIBIT G and throughout the Agreement., shall double any time a particular performance standard is breached twice (2) within one (1) calendar year (365 days) from the first performance breach.
c. Third Performance Breach: Liquidated damage amounts at the rates stated in Guidelines EXHIBIT G and throughout the Agreement, shall triple any time a particular performance standard is breached three times within one calendar year from the first performance breach.
d. More than Three Performance Breaches: After three violations within one calendar year, the Airport Director reserves the right, at its sole discretion, not to impose additional performance breaches and instead to seek any other remedies available under the Agreement, including termination of the Agreement.

24.3.1.2 Each occurrence of a particular performance breach shall be cumulative and expire 365 days from notification of the first performance breach. Effects of such performance breach shall be applied for 365 days from date of last notification.

24.3.1.3 The continuous and uninterrupted operation of the Concession Operations is an important customer service aspect to the Airport. Concessionaire understands and agrees that City will suffer damage if Concessionaire fails to maintain continuous and uninterrupted operation of the Concession Operations and that, due to the nature of any such failure, the actual damage to the City would be impractical or very difficult to remedy.

Therefore, the Concessionaire will be assessed liquidated damages in the amount of $200 Item 3A - Page 46

per Location for each day the Concession Location is not fully available after the Commencement Date for customer use for a continuous period or periods totaling in excess of four (4) hours on that day, unless the unavailability of the Concession Location constitutes an Unavoidable Delay as described in SUBSECTION 29.6. For the purpose of calculating downtime charges, one (1) day shall be the period from 12:00 am to 11:59 pm.

Assessment of this fee shall not limit City’s remedies with respect to any other default of this Agreement. If the Concessionaire’s Furnishings, Trade Fixtures and Equipment or Concession Improvements do not function or the Concession Operations are otherwise unavailable for more than four (4) hours in any day: (a) more than two (2) times in any calendar month during the Term of this Agreement; or (b) more than ten (10) times in any calendar year during the Term of this Agreement, any such event shall be a separate Event of Default under this Agreement.

24.3.2 Procedure for Declaring Performance Standard Breaches The determination as to whether any, term, condition or provision herein, including, but not limited to, the Performance Standards as set forth in EXHIBIT C , EXHIBIT G , and contained throughout this Agreement have been met is at the reasonable discretion of the Airport Director or designee.

24.3.2.1 Upon determining the existence of a Performance Standard Breach, the Airport Director shall issue a written notice to Concessionaire of the occurrence of such breach and the City’s claim for liquidated damages.

24.3.2.2 The Performance Standard Breach shall become final ten (10) calendar days after the date the notice of Performance Standard Breach is sent to Concessionaire, unless the Airport Director receives a written statement from Concessionaire, with Concessionaire’s evidence that the breach did not occur. Airport Director shall review such evidence and determine, in his or her reasonable discretion, whether Concessionaire has demonstrated that the breach did not occur. If such written evidence is not received by the Airport Director within ten (10) calendar days of the date of the notice of Performance Standard Breach, the Airport Director’s determination shall be final and the applicable liquidated damages shall be immediately due and payable.

24.3.2.3 The Director shall review the Concessionaire’s evidence as soon as reasonably possible after timely receipt of such evidence.

24.3.2.4 The Airport Director shall render a decision sustaining or reversing the determination that a breach occurred and the claim for liquidated damages. A written notice of decision shall be delivered to the Concessionaire.

24.3.2.5 Upon expiration of the period for Concessionaire to deliver its written evidence or upon Airport Director’s determination that a breach occurred after reviewing Concessionaire’s written evidence as provided above, Concessionaire agrees to immediately pay City the liquidated damages amount. Concessionaire further agrees that the Airport Director may, deduct the amount of such liquidated damages from any deposit or performance guarantee provided by Concessionaire, without further notice to Concessionaire.

24.4 No Waiver by City
The waiver by City of any breach of any term, condition or provision herein contained shall not be deemed to be a waiver of any subsequent breach of such term, covenant or condition. The consent or approval by City to any act of Concessionaire requiring City's approval shall not be deemed to waive or render unnecessary the need for City's consent or approval to or of any subsequent similar act of Concessionaire. The subsequent acceptance of any fees or charges hereunder by City shall not be deemed to be a waiver of any preceding breach by Concessionaire of any term, covenant or condition of this Item 3A - Page 47

Agreement other than the failure of Concessionaire to pay the particular fee or charge so accepted, regardless of City's knowledge of such preceding breach at the time of the accepting of such fee or charge. No waiver, consent or approval by City shall be effective unless made by a duly authorized representative of City.

24.5 City's Right to Cure
Upon any default of Concessionaire, City may, at City's discretion, after first giving Concessionaire written notice, cure any default in the payment of money or performance of any act required under this Agreement, but without any obligation of City to make such payment or perform such act and without waiving any rights of City or relieving Concessionaire from any obligation under this Agreement. All amounts incurred by City, plus ten percent (10%) thereof for administrative overhead as such percentage is approved, established or modified from time to time by the City Council, and all penalties, interest, and costs in connection therewith shall be due and payable by Concessionaire to City on demand together with interest thereon at the rate of one and one half percent (1 1/2 %) per month from the date paid by City, plus any collection costs. The receipt for any payment by City on behalf of Concessionaire shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Concessionaire.

SECTION 25 ACCEPTANCE OF CONCESSION AREA

25.1 Concessionaire has carefully examined the Concession Area and is satisfied with the current condition, subject to any improvements to be constructed by Concessionaire in accordance with SECTION 22. Concessionaire acknowledges that no representation or warranty has been made by City concerning the nature, quality or suitability for Concessionaire's business of the Concession Area or the Airport, or the existence of any Hazardous Materials in, on, upon, under or about the Concession Area or the Airport, and Concessionaire acknowledges that it shall have no rights against City by reason of such matters or any claimed deficiencies therein. Concessionaire accepts the Concession Area “as is”, and as being in good, safe and sanitary condition satisfactory for Concessionaire's use.

25.2 Concessionaire acknowledges that City has made no representations or warranties with respect to the Concession Area, the Airport or this Agreement except as expressly set forth in this Agreement, and no rights, easements or licenses, implied or otherwise, are or shall be acquired by Concessionaire unless expressly set forth in this Agreement.

SECTION 26 RIGHT TO ENTER
City reserves the right to enter the Concession Area at any and all times for any purpose and the right to inspect the Concession Improvements and Concessionaire’s Furnishings, Trade Fixtures and Equipment.

SECTION 27 REPRESENTATIONS AND WARRANTIES
Concessionaire represents, warrants and covenants with respect to this Agreement and any amendment hereto as follows:

27.1 If Concessionaire executes this Agreement as a corporation, then Concessionaire and the persons executing this Agreement on behalf of Concessionaire represent and warrant that the individuals executing this Agreement on Concessionaire's behalf are duly authorized to do so in accordance with a duly-adopted resolution of the Board of Directors of Concessionaire, a copy of which is delivered to Airport Director on execution hereof, and in accordance with the bylaws of Concessionaire, and that this Agreement is binding upon Concessionaire.

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27.2 If Concessionaire is a partnership or joint venture, at least two partners or each of the joint ventures, as the case may be, shall execute this Agreement on behalf of Concessionaire.

27.3 That there are no unresolved claims or disputes between Concessionaire and City.

27.4 That Concessionaire shall furnish true and accurate financial statements, records, reports, resolutions, certifications, and other information as may be requested of Concessionaire by City from time to time during the Term of this Agreement.

27.5 That Concessionaire is in compliance with all local, state, and federal laws related to the Concession Operations.

27.6 That Concessionaire possesses the necessary experience and qualifications to conduct the Concession Operations at the Airport.

27.7 That all information provided to City in connection with award of the Concession is true and correct in all material respects.

SECTION 28 INTENTIONALLY OMITTED
SECTION 29 MISCELLANEOUS

29.1 Consent
Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

29.2 Airport Director’s Consent
The Airport Director shall act reasonably and in good faith in exercising any power to approve, disapprove or consent to any action of Concessionaire pursuant to this Agreement, and the Airport Director shall not arbitrarily or capriciously exercise any such power granted to the Director under this Agreement.

29.3 Controlling Law
Except as federal law may apply, the parties agree that this Agreement shall be governed and construed by and according to the laws of the State of California.

29.4 Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument.

29.5 Entire Agreement/Order of Precedence
This instrument contains all of the agreements and conditions entered into and made by and between the parties and may not be modified orally, or in any manner, other than by an agreement in writing signed by all the parties hereto or their respective successors-ininterest. Unless as specifically stated, if any provision of EXHIBIT H, conflicts with or is inconsistent with the provisions of this Agreement, the terms of this Agreement will govern.

29.6 Force Majeure
Neither party shall be deemed to be in default on account of any Unavoidable Delay or failure to perform its obligations under this Agreement which results from an act of God, acts of superior governmental authority, a strike, a boycott, a shortage of items, or any other cause beyond the reasonable control of such party. Concessionaire shall not be entitled to any reduction in the MAG or other monetary compensation as a result of terminal evacuations ordered by the Airport or any other governmental authority.

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29.7 Gender
Any reference to the masculine gender shall be deemed to include references to the feminine or neuter gender.

29.8 Headings
The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of the Agreement.

29.9 Resolutions
If requested by City, Concessionaire shall submit a copy of any corporate resolution that authorizes any director or officer to act on behalf of Concessionaire or that authorizes Concessionaire to enter into this Agreement.

29.10 Severability
If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the remaining provisions of this Agreement shall remain in effect.

29.11 Successors and Assigns
The provisions of this Agreement concerning transfer shall apply to and bind the successors and assigns of the parties hereto.

29.12 Time of Essence
Time is of the essence of this Agreement and each of its provisions.

29.13 Venue
In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Riverside or, if federal jurisdiction is appropriate, exclusively in the Eastern Division of the United States District Court of the Central District of California.

29.14 Concessionaire not an Agent of City
Concessionaire is not an agent, contractor or employee of the City and nothing in this Agreement or any action of Concessionaire shall be construed in any way to constitute Concessionaire as an agent, contractor or employee of City for any purpose.

29.15 Joint and Several
If there be more than one Concessionaire designated in or signatory to this Agreement, the obligations hereunder imposed upon Concessionaire shall be joint and several; and the term Concessionaire as used in this Agreement shall refer to each and every of said signatory parties, severally as well as jointly.

29.16 Material Considerations
Each and every term, condition, covenant and provision of this Agreement is and shall be deemed to be a material part of the consideration for City's entry into this Agreement, and any breach hereof by Concessionaire shall be deemed to be a material breach. Each term and provision of this Agreement performable by Concessionaire shall be construed to be both a covenant and a condition.

29.17 Exhibits and Addenda
All exhibits and addenda referred to herein, and any exhibits or schedules which may from time to time be referred to in any duly executed amendment thereto, are by such reference incorporated herein and shall be deemed a part of this Agreement as if set forth fully herein.

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29.18 No Assumption
The review, approval, inspection, examination or consent of City of or to any item to be reviewed, approved, inspected, examined or consented to by City shall not constitute the assumption of any responsibility by City for either accuracy or sufficiency of any item or the quality or suitability of such item for its intended use, but rather be for the sole purpose of protecting City's interests. Neither Concessionaire nor third parties, including persons claiming under Concessionaire, shall have any rights hereunder resulting therefrom or otherwise.

29.19 Hold Harmless
Concessionaire shall defend, indemnify and hold City harmless from and against claims for any broker's commissions, finder's fee or other commission or fee relating to the leasing of the Concession Area by anyone claiming by or through Concessionaire.

SECTION 30 NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either party to the other, shall be in writing and shall be addressed as follows:

If to the City, the same shall be addressed to:

City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
and
Palm Springs International Airport
Director of Aviation
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
[email protected]
Concessionaire
Attention: Gregg Paradies
Address: 2849 Paces Ferry Road, Overlook 1, Suite 400 Atlanta, GA 30339 Telephone: (404) 344-7905
Email: [email protected]
All notices shall be sufficiently given and served upon the other party if sent by first-class U.S. mail, postage prepaid, or by facsimile to the facsimile numbers indicated herein for either party. All termination notices shall be served in accordance with California Code of Civil Procedure Section 1162, as it may be amended or modified.

Item 3A - Page 51

SECTION 31 GENERAL CIVIL RIGHTS PROVISIONS
The (tenant/concessionaire/lessee) agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the (tenant/concessionaire/lessee) transfers its obligation to another, the transferee is obligated in the same manner as the (tenant/concessionaire/lessor).

This provision obligates the (tenant/concessionaire/lessee) for the period during which the property is owned, used or possessed by the (tenant/concessionaire/lessee) and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

SECTION 32 TITLE VI CLAUSES FOR COMPLIANCE WITH NONDISCRIMINATION

REQUIREMENTS
During the performance of this Agreement, the Concessionaire, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

Item 3A - Page 52

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

SECTION 33 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND

AUTHORITIES
During the performance of this contract, the Concessionaire, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of Item 3A - Page 53

1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

SECTION 34 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Concessionaire has full responsibility to monitor compliance to the referenced statute or regulation. The Concessionaire must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

SECTION 35 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text.

The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

SIGNATURE PAGE FOLLOWS
Item 3A - Page 54

SIGNATURE PAGE TO CONCESSIONS LEASE AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND PARADIES LAGARDERE @PSP, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

Concessionaire:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 3A - Page 55

EXHIBIT A – OVERALL CONCESSIONS AREAS
Item 3A - Page 56
ATTACHMENT A2

EXISTING & PROPOSED LOCATIONS
LEVEL 1 OVERALL PLAN
RETAIL

FOOD & BEVERAGE
- BLANK SLATE
....... - STORAGE

Item 3A - Page 57
RETADI~ BEVERAGE
- FOO
- BLANK SLATE
- STORAGE

EXHIBIT B – CONCESSIONS AREAS
Item 3A - Page 58
FOOD & BEVERAGE - 1

REGIONAL CONCOURSE

INDOOR DINING

FOOD & BEVERAGE

OUTDOOR DINING

FOOD PREP

SUBTOTAL
184SF
780SF
616SF
408SF
1,988 SF
Area cak::ulatioos are approximate PSP CONCESSION EXHIBIT

CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE

Item 3A - Page 59
FOOD & BEVERAGE - 2
COUR-"FYARD
<> •

FOOD PREP

FOOD & BEVERAGE

SERVICE

OUTDOOR SEA TING

SUBTOTAL
Area calaAatioos are approximate
328SF
810SF
251 SF
240SF
1,629 SF

PSP CONCESSION EXHIBIT
~---- FOOD PREP

CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE

Item 3A - Page 60
FOOD & BEVERAGE - 3
COUR-lYARD O•
OUTDOOR FOOD & BEVERAGE 700SF
Area calculations are approximate PSP CONCESSION EXHIBIT _,,,-----OUTDOOR FOOD
& BEVERAGE

CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE

Item 3A - Page 61
FOOD & BEVERAGE · 4
TERMINAL PROCESSER (S . . ·. n,
OUTDOOR DINING 1
OUTDOOR DINING 2

FOOD & BEWERAGE
CATERING KITCHEN· STORAGE

SUB TOTAL
667SF
1,933 SF
849SF
2 597 SF
6,046 SF
Area calaAations are approximate PSP CONCESSION EXHIBIT

CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE

Item 3A - Page 62
\ ..,,.,..,..,,...,.,.,,.,,.,,
FOOD & BEVERAGE - 5 o

BO R CONCOURSE
0 = =
/7~~;:-'
FOOD & BEVERAGE 1
FOOD & BEVERAGE 2
OUTDOOR DINING 1
OUTDOOR DINING 2

SUB TOTAL
0 0
0 Area calculations are approximate
\\
464SF
1,959 SF
934SF
696SF
4,053SF

PSP CONCESSION EXHIBIT
0 CJ RETAIL
- FOOD & BEVERAGE
- BLANKSLATE
- STORAGE

EXHIBIT C– AIRPORT OPERATION GUIDELINES AND TENANT MANAGER

REFERENCE GUIDE

1. Customer Service Standards
It is the intent of the Palm Springs International Airport (“Airport”) to provide world-class aviation services to its customers that utilize the Airport. Concessionaire is responsible for upholding the Airport’s customer service standards as follows:

1.1 Concessionaire shall furnish all management, labor, and supplies necessary for the efficient and effective operation of services included in this Agreement.

1.2 Concessionaire shall be responsible to plan, develop, coordinate, manage, and operate the services in accordance with this Agreement in order to enhance customer service at the Airport.

1.3 Concessionaire shall submit, upon request by the Airport Director, its policies and procedures manual. At the request of the Airport Director, Concessionaire shall promptly address any Concessionaire policies and procedures that conflict with this Agreement.

1.4 The Airport Director will have the right to establish reasonable rules and regulations and/or operating directives, and Concessionaire agrees to comply with such rules and regulations.

1.5 Concessionaire shall furnish its employees working at the Airport with standardized uniforms subject to approval by the Airport Director. Such uniforms shall be of a color and style distinct from Airport employees and shall be representative of a world-class and/or high standard of operation. In addition to the required Airport identification badging, each employee will wear a uniform name tag identifying the employee, the service being provided and the Concessionaire’s name, and in the case of supervisors and managers, their specific job title. All of the Concessionaire’s employees must wear their uniforms at all times while performing services under this Agreement.

1.6 Concessionaire shall be fully responsible for the acts or omissions of its agents, employees, contractors, subcontractors, or their agents or employees, performing services under this Agreement.

1.7 Employees shall be instructed to park in an area designated by the Airport Director at the rates set forth by the Airport, and such employees shall be appropriately badged in accordance with governing regulations.

1.8 Employees must be in compliance with the badging and Air Operations Area (AOA) permits. More information is found here:
https://palmspringsairport.com/business/#BadgingAOA

2. Start-up
Concessionaire shall be responsible for preparing and managing an orderly and effective transition and startup of the services under this Agreement. This may include, but is not limited to, meeting with Airport staff, assisting the Airport with the physical development of the Assigned Areas, and placing or installing fixtures and equipment for Concessionaire’s operations at the Airport.

3. Safety
Item 3A - Page 63

Concessionaire shall be responsible for implementing a comprehensive Accident Prevention and Safety program to be used by staff. First aid supplies as well as fire extinguishers must be available for use as necessary. Concessionaire shall be responsible for training all employees on the use of all emergency, fire equipment, and environmental hazards and be cognizant of the locations of all such equipment and/or materials. All accidents and incidents involving employees shall be verbally reported to the Airport Control Center immediately followed by written confirmation of the same to the Airport Director, within twenty-four (24) hours of the incident.

4. Personnel Operations
The Concessionaire’s personnel includes its employees, staff, agents, contractors and representatives. The Concessionaire is solely responsible for managing its personnel to comply with both the Concessionaire’s requirements and Airport’s requirements.

4.1 Concessionaire will employ, train, schedule and assign management and supervisory personnel to sufficiently and competently perform daily management, supervision, record keeping, and customer service duties required for the efficient and effective operation of the Concessionaire at the Airport. All such persons will be selected and assigned based on the highest level of competency, honesty, and courteous service available to Concessionaire through diligent recruiting, selection, and training.

4.2 Concessionaire will employ and staff for each shift a sufficient number of personnel to handle the operations and respond to customer inquiries and the needs of the business conducted under this Agreement, especially during peak operational hours.

4.3 Concessionaire shall maintain and conduct its operations in proper business-like manner so as not to disturb or be offensive to other tenants, customer, or passengers.

4.4 All personnel employed by Concessionaire or Concessionaire’s agents, while on duty, will at all-time wear uniforms which are in a clean, neat, well-fitting condition with the logo identifying the Company name and name identification tags.

4.5 There shall be at least one employee designated as a supervisor on duty during all hours of operations.

4.6 All Concessionaire personnel shall be fully qualified and licensed under any and all federal, state, and local laws to perform Concessionaire’s allowed services, as applicable.

4.7 Concessionaire will ensure that employees under this Agreement:

A. If applicable, are bonded against theft, embezzlement, and other losses of customer personal property and/or property of the Airport; B. Are familiar with the duties and responsibilities of Concessionaire under this Agreement;
C. Are alert, attentive and responsive while on duty;
D. Do not commit any act which may bring discredit upon the Airport; E. At all times exercise prudent, mature judgment in taking whatever action is necessary to protect its customers, the travelling public, the Airport’s property, as well as to ensure normal, efficient operations; F. Maintain a valid California State Driver’s License appropriate for the types of vehicles being driven (Minimum of Class “C”), as applicable; Item 3A - Page 64

G. Obey all Rules and Regulations set forth in the Palm Springs, California Municipal Code, Title 16 – Palm Springs International Airport.

4.8 Concessionaire shall ensure that all supervisory personnel assigned to perform the services under this Agreement:

A. Are trained, experienced, and of mature judgment;
B. Have authority, responsibility, and are able to provide direction to and exercise control over employees;
C. Are available for immediate response and will respond to all calls for assistance;
D. Are known to the employees and conduct frequent inspections to ensure that all Assigned Areas are properly staffed with qualified employees and areas are kept clean.

4.9 To ensure staffing and proper ratios are adhered to, Concessionaire shall submit copies of employee work schedules for approval of the Airport Director, when requested.

4.10 All Concessionaire personnel shall present a professional, positive, pleasant, and courteous attitude. All employees will act in a courteous and helpful manner at all times with all customers and all other employees.

4.11 Employees will be considered courteous if they meet the following standards:

A. Provide a friendly and professional greeting to all customers whenever and wherever they make contact.

B. Display a positive attitude toward passengers and fellow employees.

C. Maintain a friendly and attentive demeanor and good posture at all times.

D. Remain calm when encountering an upset customer, listen carefully, and show empathy to the problem.

E. Never use foul or inappropriate language at any time in any public area.

F. Use proper and courteous language with customers, including using words such as “please,” “yes,” “hello,” “thank you” and such other similar polite words.

G. Smile and maintain appropriate eye contact and tone of voice while conversing with customers as well as fellow employees.

H. Respond to customers in areas that may not be within their specific job scope.

I. Do not gather together to chat while on duty.

J. Do not eat or smoke at their workplace in view of customers.

K. Wear nametag or appropriate identification at all times and always be identifiable as Company’s personnel.

L. Do not nap or sleep while on duty.

M. Present a well-groomed, neat, clean, and conservative professional appearance.

Item 3A - Page 65

N. Wear a uniform that is consistent for the type of job being performed and that is neat and clean.

O. Convey information using clearly understandable terms and provide accurate information to customers.

P. Obtain assistance to resolve customers’ questions or problems if language barriers arise.

5. Performance Standards
Concessionaire shall be responsible for ensuring that their Assigned Areas are maintained in a neat, safe, and professional manner. This shall include, but is not limited to, the following:

A. Counters are neat and clean with no graffiti.

B. Workspaces appear uncluttered.

C. Employee’s personal belongings are not visible.

D. No unauthorized postings.

E. No handwritten, unprofessional, or unauthorized signs.

F. Wastebaskets are not overflowing and floor area is clean.

G. Supplies and equipment are stored out of sight of customers when not in use.

H. All inoperable, unused, and/or abandoned equipment will be removed from the Airport.

I. Whenever electric or otherwise motorized carts or vehicles are used in connection with this Agreement, as authorized by the Airport, Concessionaire agrees to abide by rules, regulations, or other methods of control and safety as may be established by the Airport related to the use of such vehicles. Such operation will only be in areas and at such times as approved by the Airport. All carts and vehicles used by Concessionaire must be stored and maintained in a manner acceptable to the Airport.

6. Additional Requirements
Concessionaire shall provide the following services for the Airport and/or its customers under this Agreement:

6.1 Supervision and Coordination
A. Concessionaire shall require its employees to only use designated break areas during work breaks.

B. Concessionaire shall provide to the Airport all Concessionaire training and safety records upon the Airport’s request.

C. Concessionaire shall communicate and cooperate with the Airport Director, which includes the Airport’s designated representatives, as required.

D. Concessionaire shall check and verify availability and preparedness of personnel, equipment, supplies, and services required for Company to properly operate at its Assigned Areas.

Item 3A - Page 66

6.2 Customer Service
A. Concessionaire will provide evidence to the Airport that its employees have successfully completed Concessionaire’s customer service and employee training.

B. Concessionaire will respond to customer complaints received by either Concessionaire or the Airport within 24 hours from receipt of said complaints. Concessionaire will also provide the Airport with a summary detailing Concessionaire’s efforts to satisfactorily resolve customer complaints within five (5) days from receiving such complaints.

C. All customers should be courteously greeted upon entering the Assigned Areas.

D. Employees are prohibited from eating, drinking, or resting in view of the public while in the Assigned Areas.

E. Employees should refrain from using their cell phone, tablet, laptop, and/or any other personal electronic device while working in the Assigned Areas.

6.3 Store Operations
A. Assigned Areas will be open during the hours approved by the Airport, and said hours shall be posted in a visible location for the public to view.

B. Concessionaire will make every effort to keep the Assigned Areas open past the posted approved hours to accommodate passengers during delayed flight(s).

C. Assigned Areas will be clean, neat, accessible, well-lit and fully stocked at all times.

D. Assigned Areas will be properly staffed to handle peak operational times.

E. All trash will be out of public view.

F. All boxes will be disposed of immediately or be placed out of the public view.

G. All merchandise will be displayed within the Assigned Areas only.

H. During operations, the Assigned Areas will have a manager and/or supervisor present.

I. Employees will be dressed in the dress code submitted by Concessionaire and approved by Aviation. Employees observed not in the approved dress code may be asked to leave the Assigned Areas.

J. Deliveries should be stocked immediately or put out of the public view until they can be stocked.

K. Deliveries to the Assigned Areas will comply with TSA’s regulations.

L. Cameras in the Assigned Areas are permitted with approval from the Airport.

M. All employees must remain inside the Assigned Areas at all times while conducting business, and they may only greet customers and distribute samples to those customers who enter the Assigned Areas.

Item 3A - Page 67

6.4 Storage Areas
A. The Airport may provide Concessionaire with a designated area for storing goods and equipment (“Storage Area”). Any such Storage Area will utilize a door lock and key system that is acceptable to, and approved by, the Airport.

B. Deliveries to the Storage Area will comply with TSA’s regulations.

C. Deliveries will be put in the Storage Area immediately and not be stored in the loading dock and/or sally ports.

D. The Storage Area (cage or inline) will have a professionally made sign indicating the Concessionaire’s name and contact information.

E. The Storage Area will be free from trash, food waste, and/or any other item that may create a safety or environmental hazard.

F. Broken fixtures and/or equipment cannot be stored at the Airport.

G. Concessionaire will ensure it has enough properly badged employees to access the Storage Area.

A. Cameras in the Storage Area may be permitted with approval from Aviation.

6.5 Security and TSA Regulatory Compliance – Concession Prohibited Items A. The Concessionaire shall not sell, store or possess any items which may be classified by the Airport or the TSA as prohibited under applicable security regulations, as may be modified from time to time.

6.6 Hours of Operation
A. Concessionaire will carry on its business diligently and continuously in the Concessionaire Assigned Area and will keep the Assigned Area open for business seven days per week, commencing not less than 30 minutes prior to the first scheduled flight and ending not less than 30 minutes after the last scheduled flight, except as otherwise approved in writing by the Airport Director.

B. The Airport Director or his/her representative shall, from time to time, modify, expand, or reduce such required hours of operation, in which event, Concessionaire will remain open during such revised hours.

Similarly, Concessionaire shall, from time to time, request to revise its hours of operation. Such changes must be approved by the Airport Director or his/her representative, in writing, prior to its occurrence.

Concessionaire may not, at any time, vacate or abandon the Assigned Area.

Item 3A - Page 68

Item 3A - Page 69
-pf:·s~ INTE RNATJONAL Al RPORT p

Item 3A - Page 70
Contents
Tenant Manager Guide ... ........................ ................. ................. .. #1 - Airport Contacts ...................................................................... ................ ........................ 3 #2 - Telephone & Data Service Start-up ......................................... ............ ............... ............. 4 #3 - Construction and Modification ......... .......... .............................. ........................................ 6 #4- PSP Signage Standard .......................................................... ............ ............................ 7 Signage Concept Approval Request. .... .............. ........................... ............ .... ............. 9 Signage Guidelines ....................... ............. ........................... ............ ....................... 11 #5 - Security Procedures .................................................. .. ............................. ..................... 13 #6 - Motor Vehicles ....................................................................... ............................. ......... 15 #7 - Parking and Deliveries ................. .. .......................... ........................... .......................... 15 #8 - Maintenance Services ................................. ......................... ... ............ .......................... 15 #9 - Public Address (PA) System ............................................................... .......................... 17 #10 - Flight Information Display System(FIDS) ............. .... ............. ............ ............... ........... 17 #11 - Passenger Loading Bridges ........ ... .......... ... .............. ......................... .... ...................... 17 #12 - U .S Postal Delivery ............................................................... ............................. ......... 18 #13 - Emergency Keys / Contact Info .................................................................................... 18 #14 - Tenant Manager Meetings ............ .......................... .. ........................ .... ............ .......... 19 #15 - Employee Smoking Areas .......... ............... .............. .. ......................................... ......... 19 #16 - Airport Website ........... ............... ............. .... ......................... ... .. .......... ............... ......... 19 #17 -Tenant Business Listing ........................................ ............................... ...................... 19 #18 - Airport Advertising ................................... ............... ................ ................. ......... .. ......... 19 #19 - Contractors / Vendors ............................. ................ .. ............. ... ............ ...................... 20 #20 - Charter Operations .................... ............. ............................. ... ............ .... ........... ......... 20 2

Item 3A - Page 71
#1 - Airport Contacts
Making the right contacts is critical. You have questions and concerns unique to your situation.

Whom do you contact? A call to the Airport Control Center is your best starting point. Airport Operations staff will assist you in finding the correct information or person, day or night. For administrative matters during regular working hours, please contact the Airport Administrative Offices, located on the 2 floor, center Terminal.

OPERATIONAL ISSUES
Please note these 24-hour emergency phone numbers are not for public distribution: Control Center: Office (760) 318-3820 (unlisted) & Fax (760) 318-3829 Airport Police: (non-emergency) (760) 318-3840 & Lost & Found: (760) 318-3841 If there is an emergency at PSP - please call 911 or the Airport Control Center at 318-3820.

PSP Administrative Office Mailing Address and telephone:
3400 E. Tahquitz Canyon Way, Suite 1, Palm Springs, CA 92262 - (760) 318-3800 Fax (760) 318 3815

ADMINISTRATIVE STAFF
Harry Barrett Jr., A.A.E Har!Y.Barrett@~alms~ringsca.gov Airport Director
Daniel Meier, C.M. Daniel.Meier@~alms~ringsca.gov Deputy Director- Marketing, Air Service Victoria Carpenter Victoria. Ca r~enter@~a I ms~ringsca .gov Airport Administration Manager
Ed Graff [email protected]
Airport Operations Manaoer
Scott Daugherty Scott.Daugher!J'[email protected]
Airport Securitv Coordinator
Nadia P. Seery Nadia.See!Y@~alms~ringsca.gov
Executive Program Administrator
Christina Brown Christina. Brown@~alms~ringsca.gov
Executive Administrative Assistant
Caren Nelson Caren.Nelson@~alms~ringsca.gov
Account Specialist
Suzanne Seymour Suzanne .Sei1mour@~alms~ringsca.gov
Administrative Secretary
318-3901
318-3806
318-3808
318-3824
318-3822
318-3805
318-3811
318-3819
318-3804
3

Item 3A - Page 72
#2 - Telephone & Data Service Start-up
The Airport has an established communication backbone, consisting of a copper and multi-mode fiber-optic cable plant. The backbone is the common communication system link, and is the required system for use by Airport tenants. Specific details regarding the cable plant system are available by contacting the City IT Department at [email protected]
The following are frequently asked questions that will assist you with telephone and data service integration. Please note the Airport is responsible for telephone/data system infrastructure, and tenants are responsible for telephone service, connections and dial tone.

How do I get my phone service up and running?
All modifications to telephone connections at the Airport are completed by the Airport's telephone/data installation service provider. The Airport does not assume responsibility for providing telephone service or making the connections for Airport tenants.

A two- step process is used for initiating or modifying service connections:

1. Notify [email protected] of the proposed changes you wish to make and use the Service Request Approval form (See page 3). Your proposal must receive advance written approval before the work may begin. If for any reason your proposal is not approved, the City of Palm Springs IT Dept. will clarify which changes are necessary.

2. Following approval, the airport will contact the Airport's telephone/data installation service provider to coordinate and schedule telephone system modifications. All costs associated with such work will be the responsibility of the requesting tenant.

The current Airport telephone/data installation service providers are:
• In-house NEC Phone System: [email protected] • ove Electric: www.coveelectric.com or call (760) 360-0036. All data and network cabling must be approved by the Airport prior to any installations are scheduled.
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What if my phones are already in place and I just want to start service? In this case, you will simply contact your company's telephone service provider and make arrangements to have phone service established. Note that your company will be responsible for providing escort in Secured/SIDA areas to any individuals requiring it.

How do I get data service connected?
Data service is established in the same way as phone service, as described above.

Please note the Airport does have high-speed internet access capability through the fiberoptic backbone. If you wish to connect to the fiber-optic system, prior written approval is needed, as required for telephone service (see above). You may then schedule modifications with the Airport telephone/data service provider.

Is Wireless Internet available in the terminal?
Yes, free Wireless Internet is available in the terminal. The City IT Dept. is the first point of contact about Wireless Internet Service in the Terminal, Concourses and Concessions.

Service Approval Request Form
In order to have cabling, voice or data work performed in the terminal, or in order to access utility rooms, please fill a Service Approval Request form , (See Next Page) and submit it to the City IT Dept. one week before the expected work start date. Here is the link for the (City IT Dept. preferred) electronic version of the Service Approval Request Form:

Airport Service Request I City of Palm Springs (palmspringsca.gov) *Please provide one week notice and schedule work between Monday - Thursday 0700 - 1730
**Airport Escort provided at a rate of $66.00 per hour
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#3 - Construction and Modification
Many Airport tenants make facility improvements prior to moving on-site, or at some point wish to upgrade or modify their existing facilities. All portions of the modification must be reviewed and approved by Airport Management prior to start of work. Unauthorized facility modifications are prohibited at the Airport; this includes modifications to Airside apron markings, which are not permitted without written approval of the Airport Executive Director. The process needed to expedite your request for modification is detailed below.

Your lease agreement contains additional specific information for your reference.

Plan Review and Approval
If you have any questions, it is advisable to begin the planning process by discussing your ideas with the Deputy Director, Operations & Maintenance. This first step may save a great deal of time and effort for you and your staff. Please email the proposed project to TBA Written advance approval from Airport Management is required before the work may begin. The email proposal should include:

Project Description: A complete narrative project description, including the reason for the improvement, scope of work, any required modification to existing facilities, equipment / materials to be installed - including samples if possible, construction time lines and any special requirements.

Engineering Plans: If Engineering / Architectural plans will be integral to a project, these should be provided at the same time the proposal is submitted. They should identify the changes to be made, dimensions, electrical requirements and conduit routes, and equipment locations. Two (2) stamped sets of plans are required to be submitted as part of the project review. Depending on the scope of work, a City Building Permit may be required. Airport staff can advise in most cases whether or not this will be needed.

List of Contractors: A list of all contractors and sub-contractors performing the work is required, and must include their State Contractor License numbers, contact names, business phone and after-hours phone information.

Security Compliance Description: Detail how Airport security requirements will be complied with, including: Issuance of SIDA badges required, escort procedures that will be in place, expected delivery schedule, procedures and delivery locations. In addition, a listing of authorized company staff responsible for project management and project security is required, with contact information and after-hours phone numbers.

Construction Coordination: If possible the work should be accomplished between the hours of 2200 and 0500 to have the least impact on Airport operations. 6

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Provide details regarding impacts anticipated on any of the following: Airport Terminal and facility operations; passenger or tenant activities (noise, fumes, dust, equipment, hot work, etc.); contractor parking needs; contractor restroom facilities; water and power requirements; expected work hours; any other information necessary to properly coordinate your project.

Many projects require shutdown of the fire alarm system, domestic water, HVAC, electrical service, or may include welding (hot work) as part of the scope of work. All of these require coordination well in advance of actual work, and need to be included in the project description. Please note that a pre-construction meeting of affected parties may be necessary prior to start of construction.
#4 - PSP Signage Standard
Airport signage is a very important tool in the operations of PSP Airport. If not managed within a uniform framework, signage can become confusing to our customers and be unsightly. The intent of this standard is to provide guidelines so that the signage displayed in all public areas will:

1. Provide an effective source of needed information.

2. Maintain quality of design that is compatible with the aesthetics of PSP.

3. Be attractive and use colors and materials that are compatible with the design of the facility .

Tenants are required to follow the concept approval process for all signage prior to installation. Alterations of existing signage also require approval and costs associated are the responsibility of the tenant.

All tenant signs are subject to discretionary periodic reviews by PSP.

Responsibility & Intent

1. Signage in public areas is the responsibility of PSP. Signage within leased areas is the responsibility of the tenant.

2. All signs will be of an informative nature only, no advertising allowed.

3. All signs must be fabricated by firms specializing in signage so that federal and local code requirements are met.

Conceptual Design Submittal
Prior to any signage installation or fabrication, the Tenant must submit the following to the Palm Springs International Airport Administration for approval:

1. The following form (Signage Concept Approval Request) containing a description of the type of sign and/or graphics proposed .

2. One (1) Site Plan or Terminal Lease Plan showing the location of the new sign or modification.
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3. At least one (1) photo of the existing conditions.

4. One (1) Color Rendering or Elevation(s) of the conceptual design identifying materials and architectural elements. Drawings should be on a minimum sheet size of8.5"x 11".

Note: Allow approximately 1 week upon receipt of the submittal for PSP to issue a concept approval notice. No work should begin on sign fabrication until approval is received.

Construction and Modifications Guidelines
Tenant will refer to Article 3 of this Tenant Manager Guide and coordinate construction to accomplish all work between the hours of 2200 and 0500. 8

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SIGNAGE CONCEPT APPROVAL REQUEST
Airport Tenant: Vendor Name:

Name of Requester: Point of Contact:

Phone Number: Phone Number:

Email: Email:

Airport Escort Needed"*: Yes • No D Location of Work: (attach exhibit) Escort Name: Needs Access to Room number: Yes • No
Date Submitted: Date and Time Scheduled:

DESCRIPTION OF \A/nDI<•
Approved by PSP Airport
Signature Date:

Attachments: 1] Site Plan location - 2]Photo(s) of current condition 3] Project's color - ·-~ ** Airport Escort subject to advance reseNation and applicable fees 9

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Signage Guidelines
All signage will be properly mounted or framed with a secure system. Methods should be provided with approval request. No area signs will be permitted on, or attached to other surfaces other than those specifically listed below including floors, walls, structural supports, columns, and ceilings.

Curbside check-in
Airline tenant signature signs are permitted on curbside check-in podiums (one sign per position). No signs are permitted on walls, sidewalks, conveyor systems, or housings.

The airline signature sign will be a maximum panel size of 4 feet wide by 18 inches high, and text should fit with a one-inch margin around the copy on the panel.

The colors and fonts of the corporate signature are acceptable. Text should follow the tenant's corporate guidelines and be included for the review and approval process.

Ticket Counter Queue area
Stanchion top signs should be made of one piece of printed graphics, and be framed and firmly attached to the stanchion post top. The maximum frame dimensions are 12 inches by 15 inches and they may be installed in a portrait or landscape orientation . The maximum height from the floor to the top of the unit should not exceed 4 feet 6 inches.

The Stanchion Ribbon may bear the corporate signature.

Ticket Kiosks
A tenant corporate signature may be affixed to self-service ticket kiosks.

Ticket Countertops
One display sign with informational text will be permitted on ticket counters for each 7 feet of counter length. The maximum dimensions are 8 ½ inches by 11 inches.

Acceptable material is text, of the corporate signature color and font printed on paper in an acrylic display case, or text cut on vinyl base.

Signs must have their own support, scotch taped signs are not anowed. other Objects:

Also permitted on ticket counter tops are low profile baggage tags and pen containers, and a service bell.

Prior approval must be obtained for any temporary decorative items. 10

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Ticket Counter Overhead signage
Over the counter signage (indicating classes of service or functions) should measure five inches in height to cover the existing rail, an average of two feet in length, and be consistent for all check-in positions. The image and text of the corporate signature colors are acceptable.

Regulatory signage
TSA and DOT signage will be kept to a minimum as required by these two organizations.

These signs may be placed in stanchion toppers, or combined in a framed poster firmly attached to queuing stanchions.

Ticket Counter back-wall and other locations will be considered on a case by case basis.

Fabrication & Installation of all signs will be of a permanent nature using established methods and quality materials and hardware.

The current preferred signature back-wall signs for Palm Springs International Airport consist of flat panels measuring the width of the tenant's ticket counter, with a height of 4 feet installed at 4'6" from the floor.

Gate Boarding Area
Gate boarding area countertops, queuing lanes stanchions, and stanchion ribbon signage are subject to the same regulations governing the check-in area.

Default & Remedy
Any existing installed sign not having the approval of PSP may be removed following notification to the tenant. Tenant will be required to remove the non-conforming signs within 5 days. Failure to do so may result in PSP removing the sign and expenses for this service will be paid by the tenant.

Non-permitted Signs:

The following signs and sign material are not permitted and may not be displayed on a temporary basis:
• Paper, poster or foam board signs
• Hand-written signs
• Taped signs
• Paper or vinyl banners
• Photocopied Signs
• Deteriorated signs
Any questions on signage may be addressed to the Airport Administrative Manager. 11

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#5 - Security Procedures
Palm Springs International Airport is dedicated to the safety and security of all operations, Landside and Airside. In order to ensure this, separate procedures have been established for individuals and vehicles entering restricted areas of the Airport. This section is a guide to Airport procedures needed in order to obtain restricted area clearance. The Airport Security Coordinator, Scott Daugherty, is available to answer any questions you may have. He can be reached at (760) 318-3822 or Scott. [email protected].
•efinjtjons
Sterile Area - The sterile area is defined as the space beyond (downstream) from the security screening checkpoint. Only persons with valid boarding passes, tickets or Sterile Area Worker (SAW) identification badges or under approved direct escort may proceed into the sterile area after being screened.

SIDA- The Security Identification Display Area (SIDA) requires individuals to display an Airport issued identification badge in an easily viewable area above the waist. The SIDA area also requires "challenge" procedures, used by ALL persons holding valid Airport Identification Badges, to ensure that any individual in the SI DA area is authorized to be there.

Non-SIDA - An area on the airport where Non-SIDA identification is required.

AOA Vehicle Permit - A permanent sticker or temporary placard affixed to a vehicle authorizing access to restricted areas of the airport.

Airport Identification Badge - An Airport issued badge allowing access to certain restricted areas of the Airport. The Airport Identification Badge may be one of the following: SIDA, Non-SIDA, or SAW.

Authorized Signatory Letter - A letter, generated on company letterhead, establishing those company representatives approved to request badges and permits on behalf of the company.

Procedures tor Qbtajnjng an Ajrport ldentjficatjon Badge

1. Companies requesting Airport Identification Badges must have an "Authorized Signatory Letter" on file with the airport. The letter must contain the name of at least one individual, in a management or supervisory capacity, who is authorized to request ID badges for the company. This form is available on the Airport website at Business and Employment I City of Palm Springs {palmspringsca.gov). original signatures are required.
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2 A "Fingerprint/Badge Application" must be filled by each individual applying for a badge. This application is available on the Airport website at Business and Employment I City of Palm Springs (palmspringsca.gov) or at the Badging Office of the Vehicle Inspection Plaza (VIP) located at the entrance of the airport.

3. Once completed by the applicant, the "Fingerprint/Badge Application" must be signed by a company representative listed on the "Authorized Signatory Letter".

The signatory verifies and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at Business and Employment I City of Palm Springs (palmspringsca.gov)

4. Fingerprint appointments can then be scheduled with the Badging Office at the VIP at 760.318.3830 or [email protected]. The applicant will need to bring the signed Fingerprint/Badge Application and required forms of ID. After fingerprints are taken, a Criminal History Records Check (CHRC) and TSA Security Threat Assessment (STA) are conducted. Results will usually be reported to the applicant/company in approximately one to two weeks.

5. If the results do not indicate anything disqualifying, the mandatory interactive security training can then be scheduled through the Badging Office at the VIP at 760.318.3830, or VIP@palmsprings-ca .gov.

6. Upon successful completion of the training class, the individual will be issued an Airport Identification Badge.

Procedures to Obtain Aircraft Operations Area IAOA) Vehicle Permits The Airport requires a separate "Authorized Signatory Letter" for each company requesting Vehicle AOA Permits. The letter must designate at least one individual who is authorized to request ID badges for your company. Management or Supervisory representatives are preferred as authorized signatories on this letter. A sample form is available by visiting Business and Employment I City of Palm Springs (palmspringsca.gov) or e-mailing the Badging Office at [email protected]. Original signatures are required on all Authorized Signatory Letters.

An AOA Vehicle Permit Request must be submitted each time you request a vehicle permit. Two types of permits are available:

1. A Permanent AOA Vehicle Permit for company vehicles being operated on the AOA on a regular basis. More than one vehicle may be listed on this request.

The form requires the following information: Vehicle make, type, color, year, and license number.

2. An "Escort Required" AOA Vehicle Permit. These permits allow the requesting company to acquire and retain a permit for vehicles needing temporary access inside the restricted area. These vehicles MUST be escorted at all times by a properly badged representative, and the escorting company vehicle MUST display 13

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a permanent AOA Vehicle Permit. Be advised that tenants escorting vehicles assume ALL responsibility for the escorted vehicle.

Samples forms and further details concerning permits and vehicle operating rules are available on the airport website and at the VIP Badging Office. #6 - Motor Vehicles
Any motor vehicle, transportation service or ground equipment utilized on Airport Property shall be performed in strict compliance with Airport Rules and Regulations, applicable federal, state and municipal laws, ordinances, codes or other similar regulatory measures, now in existence or as may be lawfully amended or modified. These Regulations require all motor vehicles on Airport property to park only in areas marked and clearly designated for appropriate and safe accommodation. All vehicles utilized on Airport property must be authorized and insured by the Tenant. The airport will be fully indemnified by Tenant for any damage caused to airport property by any vehicle used or authorized by Tenant. #7 - Parking and Deliveries
Emolovee Parkina
All Airport based employees are authorized to park in the employee parking lot provided they obtain and display an employee parking permit. Permits are free to Airport based employees and can be obtained from the Vehicle Inspection Plaza 760.318.3830. The employee lot is located south of Kirk Douglas Way and the VIP.

Contractors and Deliveries
Due to Transportation Security Administration requirements, unattended vehicles are permitted only at certain specific locations in front of the Airport Terminal. Company management is responsible for pre-arranging with the Vehicle Inspection Plaza or Airport Operations the specific parking arrangements for deliveries. In most cases, contractors and unknown delivery companies must obtain and display an "Airport Use Permit" and park in the orange-curbed commercial lane across from the terminal building, also known as "Zone 5". Airport Use Permits are issued through the Vehicle Inspection Plaza. Please contact the VIP at 760.318.3830 or Airport Operations 760. 318.3820 to pre-arrange parking authorization for contractors or other delivery companies.
#8 - Maintenance Services
The Airport offers certain maintenance services in common to tenants at the Airport, on Landside, Airside or in the Terminal. If you are unsure who is responsible for a particular service in a particular area of the Airport, please contact Harry Barrett, Deputy Director of Operations and Maintenance at 760.318.3845 or [email protected] 14

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Refuse Disposal:

Non-recyclables: Airport tenants are responsible for disposing of refuse generated by their operations. This service needs to be coordinated through Harry Barrett, Deputy Director of Operations and Maintenance at 760.318.3845 to arrange for use of the Airport trash compactor.

Disposal of hazardous or landfill exempt materials is prohibited in Airport refuse bins, and alternate disposal methods for such materials must be arranged by each tenant.

Recyclables & non-compactables:

Cardboard: this material is recycled at the Airport. A 40-foot dumpster is located on the north ramp area specifically for cardboard. Airport tenants are directed to dispose of all cardboard in this dumpster.

Non-compactable items: A 40-foot dumpster is located on the north ramp for disposal of bulky or non-compactable items. It is the Airport tenants' responsibility to use this bin when required.

Tenant and Common Area Maintenance
Common Area Maintenance:

Both Airport and tenant staff share various common areas, which are maintained by Airport staff. All common areas of the Main Terminal, Bono Concourse and the Regional Concourse receive custodial cleaning, restroom maintenance, trash removal, maintenance to lighting and PA systems, as well as maintenance to all of the other major building systems. Pest control, carpet maintenance, window washing, fire monitoring, elevator and escalator maintenance are all under Airport contract in the common areas.

Tenant Leasehold Maintenance:

Tenants are responsible for maintenance of the areas defined within their leaseholds, including but not limited to lighting, custodial services, carpet maintenance , pest control, painting, window washing , minor plumbing and electrical work, and approved modifications. In cases where the leasehold has received substantial modification by the tenant, the tenant will be responsible for new / upgraded systems, including items such as overhead doors, HVAC, new non-standard lighting components, and baggage belts for example. Airport staff may be able to assist tenants with contact information for contractors and maintenance firms.

For Airport Maintenance or Custodial Work Order requests please contact the Airport Control Center at (760) 318-3820 (unlisted).
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Aircraft Ramp Maintenance:

Tenant aircraft ramp areas are the responsibility of the airline tenants, in terms of cleanliness and condition. The Airport performs repainting of existing ramp striping at intervals, and performs steam cleaning, complimentary to airline efforts. Pavement sweeping is also performed on a regular basis; however, the airline tenants are responsible for the day to day upkeep, Foreign Object Debris (FOD) removal and cleanliness of respective ramp areas. FOD is a serious threat to the safety of the aircraft and requires a formal program in order to ensure daily cleaning is taking place. In addition, airline tenants and ground handling subcontractors are responsible for the upkeep of equipment used on the ramp, specifically to preventing oil leakage onto ramp surfaces, and removing equipment that has been placed out of service. Vehicle and equipment maintenance is not allowed on the terminal apron.
#9 - Public Address {PA} System
A terminal-wide public address system is maintained for tenant use by the Airport.

Paging stations are located at each airline's ticket counter, boarding gates and in the baggage claim area and allow announcements to be made in selected areas of the airport.

To request manuals or training, please contact the Airport Control Center at 760.318.3820 or the City IT Dept. at [email protected] #10 - Flight Information Display System{FIDS}
The Flight Information Display System (FIDS) is owned and maintained by the Airport.

This includes all equipment associated with the FIDS system, including the monitor, computer, keyboard, mouse, and Uninterruptible Power Supply (UPS). Tenants are liable for damage and items lost or stolen from the leasehold.

Each airline's flight information is automatically fed into the FIDS through the airlines' technology departments and FAA feeds, and only additional or case specific flight information needs to be input locally by each respective airline. FIDS workstations have been set up in most of the Airline tenant leaseholds. FIDS status monitors can be found throughout the Terminal building.

Training is provided to key airline personnel upon request. Please contact the Airport Control Center at 760 . 318.3820.

Also contact the Airport Control Center to report any problem at 760.318.3820.

To get your company logo displayed, submit logos electronically as a .gif image with a resolution of 640 x 480 to [email protected]. 16

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It is the responsibility of Airline tenants to properly train loading bridge operators for their airline operations. Airline tenants must ensure only trained personnel operate these units to avoid serious damage, injury and significant liability. Operators must be so designated by the Station Manager, and a bridge authorization on the SIDA badge issued through Airport Operations is necessary.

Bridges may not be modified in any way or for any reason, without prior written approval of the Airport. Please submit any modification proposals to the Airport Deputy Director of Operations and Maintenance and the Airport Administration Manager. The Airport maintains the bridges through a regular in-house preventative maintenance program, supplemented by a contract with Riselo Engineering. Questions regarding maintenance should be directed to the Airport Operations Center at 760.318.3820. Damage and all costs associated with repair to loading bridges, through tenant operations, is the responsibility of the tenant, and damage must be reported immediately to this 24 hour number.
#12 - U.S Postal Delivery
The U.S. Postal Service delivers mail to the Cluster Box Units (CB Us) located outside the center Terminal.

Tenants are required to obtain a mailbox number. Please contact the Airport Administration Office for assistance.

The address for mail delivery is:

Name of Business, 3400 E. Tahquitz Canyon Way, Box #_Palm Springs, CA 92262 #13 - Emergency Keys I Contact Info
If a tenant changes a lock to any leased space within the terminal, please provide Airport Operations with a copy of the new key. This key will be used for emergency purposes only if the tenant is unavailable.

Whenever the local manager for your operation changes, provide the new manager contact info to the Airport Administration Manager. This should include name, email and 24-hour emergency phone number.
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#14 - Tenant Manager Meetings
Tenant Manager Meetings are normally held monthly on the first Thursday of each month at 9:00 A . M . in the Airport Conference Room located upstairs in the center terminal. Special meetings may be warranted and will be communicated as needed. All tenant managers are invited to attend. If you would like a subject discussed at the next meeting, please email the topic to the Airport Administration Manager TBA.

These meetings cover a vast array of topics and information. There is always an open discussion. Please bring your questions and comments.

You are welcome to attend Airport Commission Meetings which are open to the public and take place on the second Wednesday of each month at 8:00 A.M. in the Airport Conference Room. Agendas are posted on the Airport and City websites, and a printed agenda is displayed in the cabinet near the elevator in the central lobby the week preceding the meeting.
#15 - Employee Smoking Areas
Please ask your employees to refrain from smoking outside the entrances to the airport terminal. There is one (1) designated employee smoking area located ramp side, behind the baggage make-up area, under the covered patio. Please also ask your employees to use the cement ashtrays provided in this designated Smoking Area. #16 -Airport Website
We invite you to visit the Airport website at www.palmspringsairport.com.

The website is maintained by Airport administration. Please contact us whenever you wish to make any change, e.g., company information, telephone numbers, company logo, or website address.
#17 - Tenant Business Listing
The airport maintains a confidential list of tenant managers with their e-mail, telephone and fax information. This list is intended for tenants and is not divulged to the general public. It is important that Airport administration, Operations and security staff be informed whenever management changes occur in your organization. #18 -Airport Advertising
If your company is interested in advertising at the Airport, please contact TBA at Lamar Advertising Company
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#19 - Contractors / Vendors
\1\/hile PSP does not endorse the contractors / vendors listed below, the following companies have PSP badged employees familiar with the Airport facility:

Allen Fence Company (760) 343-2222
Best Signs (760) 320-3042
Chris Foster - General Contractor (760) 325-5028
Cove Electric - Telephone/ Data (760) 360-0036
Valley Lock & Safe (760) 321-5397
MaQik Glass & Door (760) 325-1876
Palm Springs Mirror & Glass (760) 328-0888
Kanoski Painting (760) 321-5397
Southwest Plumbing (760) 343-2345
#20 - Charter Operations
Charter operations into Palm Springs require that the airlines contact the Airport Administration Manager at 760.318.3808 or via email at TBA. 19

EXHIBIT D – INSURANCE REQUIREMENTS
Concessionaire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work or in connection with products, materials or services supplied to the Airport and shall include their agents, representatives, employees or subcontractors. With respect to General Liability and Errors & Omissions, coverage should be maintained for a minimum of five (5) years after contract completion. The cost of all such insurance shall be borne by the Concessionaire.

A. Minimum Scope of Insurance
$2,000,000 -- Commercial General Liability
$2,000,000 -- Auto Liability
$1,000,000 -- Worker’s Compensation Insurance
$10,000,000 -- Property Insurance
One Year of Minimum Monthly Rent -- Business Interruption Insurance Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Concessionaire has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Property Insurance: Concessionaire shall maintain not less than $10,000,000 Legal Liability Coverage (ISO Form CP 00 40 or equivalent) on all real property being leased, including improvements and betterments owned by the City, and shall name the City as a loss payee. Concessionaire shall also provide property insurance on all personal property and betterments and improvements contained within or on the leased premises. Property insurance shall insure against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

5. Interruption of Business Insurance: Concessionaire shall, at its sole cost and expense, maintain business interruption insurance by which the minimum monthly rent will be paid to City for a period of up to one (1) year if the premises are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements.

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6. Cyber Liability Insurance, if the Concessionaire will provide IT services or software or involve the retention of private, non-public information about third parties, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Concessionaire in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

7. Liquor Liability: If Concessionaire will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage. If Concessionaire is using a caterer or other vendor to supply alcohol, that caterer/vendor must have liquor liability coverage. If Concessionaire intends to sell alcohol, either the Concessionaire or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol.

8. Umbrella or Excess Policies may be used by the Concessionaire to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Concessionaire’s primary and excess liability policies are exhausted.

9. Professional Liability Errors and Omissions insurance for all Professional Services rendered including architecture, engineering, or design services related to this Agreement.

10. Builder’s Risk Insurance shall be procured by Concessionaire prior to the commencement of, and throughout the duration of, any construction of improvements or betterments being installed by Concessionaire on the Property.

B. Minimum Limits of Insurance
Concessionaire shall maintain limits no less than:

1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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2. Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers Compensation limits as required by California Labor Code and Employer’s Liability with employer liability limits of $1,000,000 per accident; per disease, per employee; coverage shall be endorsed to state carrier waives its rights of subrogation against the City, its officials, employees, agents and contractors.

4. Liquor Legal Liability: (if alcohol is being provided); minimum $2,000,000 limit per occurrence.

5. Professional Liability Errors and Omissions: $5,000,000 per claim and $5,000,000 aggregate, coverage to be maintained following completion of work on project for 5 years or, if policy is canceled, extended reporting period to equal the same.

6. Property Insurance: full replacement cost with no coinsurance penalty provision, Business Interruption, Rental Income, All Risk.

7. If applicable, builder’s risk insurance for total replacement value of work completed during any construction of betterments or improvements to City’s site.

C. Deductibles and Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Concessionaire to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

D. Other Insurance Provisions

1. The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:
a. The City of Palm Springs, its officers by endorsement, officials, employees and volunteers are to be covered as additional insureds with respect to: liability arising out of activities performed by, or on behalf of, Concessionaire, premises owned, occupied or used by the Concessionaire, or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officer, officials, employees or volunteers. General liability coverage can be provided in the form of an endorsement to the Concessionaire’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
b. The Concessionaire’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and volunteers. For any claims related to this Property, the Concessionaire’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Item 3A - Page 90

Concessionaire’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. c. Any failure to comply with reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
d. Coverage shall state that the Concessionaire’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers’ Liability
Coverage shall contain a waiver of subrogation by endorsement in favor of the City, its officials, employees, agents and contractors.

3. Builder’s Risk
City shall be named as a loss payee on any Builder’s Risk policy to the full extent allowable and for which the City’s insurable interests may appear.

4. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to the City; except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.

5. Waiver of Subrogation
Concessionaire hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Concessionaire by virtue of the payment of any loss. Concessionaire agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Concessionaire, its employees, agents, and subcontractors.

6. There shall be no endorsement reducing the scope of coverage required above unless approved by the City’s Risk Manager.

7. If the Concessionaire maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Concessionaire. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

E. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII.

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F. Verification of Coverage
Concessionaire shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Concessionaire’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Proof of insurance shall be either emailed in pdf format to: Victoria Carpenter or mailed to the following postal address (or any subsequent email or postal address as may be directed in writing by the Risk Manager):

City of Palm Springs
Risk Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
G. Subconsultants/Subcontractors/Subconcessionaires
Concessionaire shall require and verify that all subcontractors relating to this Agreement maintain insurance meeting all the requirements stated herein, and Concessionaire shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

H. Review of Coverage
These insurance requirements shall be subject to periodic review by City’s Risk Manager. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Should the Risk Manager require any change in any coverage such change shall be communicated in writing to Concessionaire and Concessionaire shall comply with the said change within thirty (30) days following the date of receipt of the notice.

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EXHIBIT E – HAZARDOUS MATERIALS
Disposal of Hazardous Materials on the Airport is strictly prohibited, except as described in this EXHIBIT.

1. Use. Concessionaire may only store and use Hazardous Materials in the Concession Area in a safe and prudent manner and in accordance with the requirements of all applicable Environmental Laws those kinds and quantities of Hazardous Materials that are normally used in conducting the activities permitted under this Agreement.

Concessionaire shall provide the Airport Director with a copy of any application for a permit for use or storage of Hazardous Materials in the Concession Area from any regulatory agency responsible for enforcement of Environmental Laws, and shall also provide a copy of any permit received from such agency; and if a material safety data sheet or other reporting or registration document is required under applicable laws to accompany the Hazardous Materials, supplies or materials or be filed with any federal, state or local authority, a copy of such current material safety data sheet or other reporting or registration document is provided to the Director

2. Notification of Release. Concessionaire shall be solely and fully responsible for notifying the appropriate public agencies of any Hazardous Material release which occurs on the Concession Area, or is caused by or results from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on the Airport other than the Concession Area. Concessionaire shall immediately notify City of any Hazardous Material release which occurs on the Concession Area, regardless of whether the release was caused by or results from Concessionaire’s activities or is in a quantity that would otherwise be reportable to a public agency, or which occurs on the Airport other than the Concession Area and is caused by or results from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees, regardless of whether the release is in a quantity that would otherwise be reportable to a public agency.

3. Liability. Concessionaire shall be solely and fully responsible and liable for:
(a) storage, use or disposal of Hazardous Materials on the Airport, by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees; (b) any Hazardous Material release which is caused by or results from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on the Airport;
(c) any Hazardous Material release that commences during the term of the Agreement on the Concession Area, unless the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration of Hazardous Materials onto the Concession Area.

4. Prevention of Release. Concessionaire shall take all necessary precautions to prevent its activities from causing any Hazardous Material release to occur on the Airport, including, but not limited to any release into soil, groundwater, or the City's sewage or storm drainage system.

5. Obligation to Investigate and Remediate. Concessionaire, at Concessionaire's sole cost and expense, shall promptly investigate and remediate, in accordance with requirements of all applicable Environmental Laws:
(a) any release or danger of release of Hazardous Material on the Airport other than the Concession Area, including, but not limited to, into soil or groundwater, or the City's sewage or storm drainage system, which, was caused, or results, in whole or in part Item 3A - Page 93

from the activities of Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees;
(b) any release or danger of release of Hazardous Material which commenced during the term of this Agreement and which is discovered on the Concession Area, unless the release was caused by the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or solely by migration of Hazardous Materials onto the Concession Area.

In addition to all other rights and remedies of City hereunder, if Concessionaire does not promptly commence, and diligently pursue remediation of any such release, or danger of release, of Hazardous Materials, City, in its discretion, may pay, to have same remediated and Concessionaire shall reimburse City within fifteen (15) business days of City's demand for payment. The failure to commence remediation and provide City with a schedule for diligent completion of the remediation within thirty (30) days after discovery of such release, or danger of release, of Hazardous Material shall constitute prima facie evidence of failure to promptly commence remediation. The demand for payment by City shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Concessionaire.

6. Indemnification. Concessionaire shall indemnify, protect, defend and hold harmless City, its officers, employees, contractors and agents from and against all loss, costs, damages, claims, proceedings, demands, liabilities, liens, penalties, taxes, fines and expenses, including without limitation reasonable attorneys’ fees, consultants’ fees, litigation costs, and investigation, removal, remediation, cleanup and monitoring costs, asserted against or incurred by City, any of City’s Parties, the Premises, and/or the Airport at any time and from time-to-time by reason of or arising out of the presence of any Hazardous Substances in, on, under or about the Premises, and/or the Airport resulting from or in connection with (a) the action, inaction, fault or neglect of Concessionaire or any of its officers, directors, contractors, employees, agents, representatives or licensees (collectively, “Concessionaire’s Parties”), (b) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Substance at, from or near the Premises, and/or the Airport by or for Concessionaire or any of Concessionaire’s Parties or by or for anyone under Concessionaire’s control, or (c) the violation of any Environmental Law by Concessionaire or any of Concessionaire’s Parties or by anyone under Concessionaire’s control. The indemnities and duties to defend set forth in this EXHIBIT shall survive the expiration or termination of this Agreement.

7. Release of Claims Against City. Concessionaire releases, acquits and forever discharges City from any and all claims, actions, causes of action, demands, rights, damages, costs, including but not limited to loss of use, lost profits, or expenses, which Concessionaire may now have, or which may hereafter accrue on account of or in any way growing out of all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage, and the consequences thereof resulting or arising out of the presence or cleanup of any Hazardous Material on the Airport. This release shall not apply to any claims for contribution that Concessionaire may have against City in the event that Concessionaire incurs any cost in undertaking any cleanup of Hazardous Material from the Airport ordered by a governmental agency, to the extent that the cleanup order and costs result from a release of Hazardous Material for which Concessionaire is not responsible and liable under this Agreement.

Concessionaire understands and agrees that Concessionaire is hereby waiving all such rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States. Said section reads as follows:

Item 3A - Page 94

“1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

8. Cessation of Activities.
(a) Concessionaire shall cease its activities on the Concession Area and the Airport, to the extent requested by City, if City determines, in its sole discretion, that such cessation is necessary to investigate, cure or remediate any release of Hazardous Materials. Concessionaire shall not recommence its activities on the Concession Area or the Airport, as appropriate, until notified by City that such release or danger of release of Hazardous Material has been investigated, cured and remediated in a manner satisfactory to the City.
(b) Abatement of Fees and Charges on Concession Area. Concessionaire shall not be entitled to an abatement of any fees or charges due under this Agreement after Concessionaire has been requested to cease activities for investigation, cure or remediation of Hazardous Materials on the Concession Area, except if the presence of Hazardous Materials on the Concession Area was due to the sole negligence or willful misconduct of City, City’s officers, agents, employees, contractors or permittees or by migration of Hazardous Materials onto the Concession Area. (c) Abatement of Fees and Charges on Airport other than Concession Area.

Concessionaire shall not be charged fees or charges for use of the Airport other than the Concession Area, to the extent that City requests Concessionaire to cease activities on that portion of the Airport due to City’s efforts to investigate, cure or remediate contamination, unless the release is one for which Concessionaire is responsible under this Agreement.

9. Records and Inspections.
(a) Concessionaire shall maintain, during the term of this Agreement and for a period of not less than four (4) years after the expiration or termination of this Agreement, or for any longer period of time required by any applicable law, regulation, policy, order or decree, separate and accurate daily records pertaining to the use, handling and disposal of any Hazardous Material(s) by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on or from the Airport. (b) Upon request by City, Concessionaire shall furnish City with such daily records, and such other documentation or reports as Director, from time to time, and at any time during the term of this Agreement, may reasonably require pertaining to the use, handling and disposal of any Hazardous Material(s) by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on or from the Airport.
(c) After the expiration of four (4) years following the termination of this Agreement, Concessionaire may destroy the records pertaining to the use, handling and disposal of any Hazardous Material(s) by Concessionaire, Concessionaire's officers, agents, employees, contractors, permittees or invitees on or from the Airport, provided, however, that Concessionaire shall notify City no later than sixty (60) days prior to any proposed destruction of any of said records and shall upon request by City within thirty days (30) days after such notice is received, deliver copies of said records to City.

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EXHIBIT F – MONTHLY CONCESSION REPORT
Item 3A - Page 96

CONCESSION REVENUE MONTHLY REPORT
COMPANY: _______________________________________ MONTH /YEAR:

FOOD DIVISION YEARLY MAG: MO MAG :
----- GROSS REVENUE JA N FEB M A R A PR MAY JUN JUL A UG SEP OCT NO V DEC YTD SA LES STORE/BRAND 1
STORE/ BRA N D 2
STO RE/ BRAND 3
STORE/BRAND4
STORE/ BRAN D 5
STORE/BRAN D 6
STORE/BRAND 7
TOTA L
DUE TO A IRPORT UPTO $ 1.SM 1 .SM-3M 3M-SM SM-7M Over 7M TOTA L UPTO $ 1 .SM 1 .SM-3M 3M-SM 5M-7M Over 7M % RENT MAG RENT % % % % % PA ID PAID
JAN
FEB
MAR
A PR
MAY
JUN
JU L
A UG
SEP
OCT
NOV
DEC

TO TA L

PSP CO NCESS ION REV ENU E MONTHLY REPORT

Item 3A - Page 97
RETAIL DIVISION YEARLY M AG: M O M AG:

GROSS REVENUE GOODS 1 GOO OS 2 GOODS3 GOODS 4 GOODS 5 TOTAL YTDTOTA L JAN
FEB
MAR
A PR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTA L
DUE TO AIRPORT GOOD51 GOODS 2 GOOD53 GOOD5 4 GOODS 5 MO TTL % M O MAG M ONTHLY YTD PAID % RATE % RATE % RATE % RATE % RATE OF SALES RENT PAID
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTA L

PSP CONCESSION REVENU E M ONTHLY REPORT

EXHIBIT G – PRICING PROGRAM
The intent of the Airport Merchandise and Services Pricing Program is to ensure that prices and quality of products and services at the Airport are comparable to off-Airport (street) locations within the City of Palm Springs, California.

Comparable Quality of Products
Multiple concessionaires operate at the Airport and it is expected that competition for customers will ensure that prices and quality of products and services remain at a level that closely matches street comparables. Concessionaire shall offer for sale only Products, goods and merchandise of high quality that are fresh, and currently in demand at comparable off-Airport (street) locations within the City of Palm Springs For the purposes of establishing comparable products, the following guidelines will be used:

Retail:
a. Quality for merchandise is defined as Merchandise equivalent to or better than that offered for sale in similar retail shops, department stores, or upscale shopping in Palm Springs.
b. No misbranded article shall be sold or kept for sale.

Food and Beverage:
a. Concessionaire must ensure that passengers and other Airport users, are offered quality Products. Quality for food Products is defined as Product equivalent to or better than the Off-Airport approved comparable location in freshness, size, value, and quality. b. Portion sizes are consistent with the approved comparable off-Airport location.

Pricing Program
Street Pricing plus fifteen percent (15%).

Affordable pricing is an essential aspect of the passenger experience at the Airport. It is our goal that prices should be equivalent to prices found on the street (“Street Pricing”) but in no case, shall prices at the Airport exceed the pricing above.

Product and Price Submittal
a. Concessionaire is required to submit a complete product and price list to the Director for approval at least thirty (30) days prior to the opening of any Concession Location. b. Such product and price list shall detail all menu items, products and services available for sale and the requested price. Differences in size or quality of a product or service shall, all other things being equal, be considered by Airport during its review. c. All products and services shall be comparable to an Off-Airport location or brand, located in the City of Palm Springs area. Comparable Pricing shall mean that the Product offered at the Airport is comparable in size, value, and quality to the Product at the comparable Off-Airport concept location or brand.
d. Concessionaire is responsible for establishing comparable locations for the purpose of instituting a pricing structure for their Concession Locations under the guidelines listed below. The established comparable location shall be used for any and all future price adjustments.

Branded Concepts
Item 3A - Page 98

If a concept has an identical street location within Palm Springs, that location will be designated as a comparable store. If there are multiple street locations, the Concessionaire shall select a “Primary” location that offers the most similar products to those that will be offered at the Concessionaire’s Airport location. Additionally:
a. Whenever possible, all pricing should be compared to one location, with the same products being priced to the Primary location.
b. If similar products are not available for all items, then Concessionaire shall submit a request to the Airport for a “Secondary” location for those products not served at the Primary comparable location. This Secondary location shall also be similar in concept, and product size and quality and offer the widest product selection as to ensure that not more than three comparable locations are used to complete the pricing process. c. If there are additional products offered by the Concessionaire that are not the Primary or Secondary locations, then Concessionaire shall provide a pricing justification based on the most similar product being offered. Pricing justifications must take into consideration the size, quality, and service style (quick-serve, sit-down, take-out, etc.) when providing justification for pricing of a product.
d. If there is not another branded comparable location within the City of Palm Springs, the Concessionaire shall have the right to request in writing, approval by the Director for an exemption from the local comparable requirement and may request comparison to anther Branded location outside of Palm Springs.

Non-Branded Concepts and Proprietary Brands
If the concession is non-branded or is a proprietary brand, the Concessionaire shall select a Primary location that offers the most similar products (size and quality) and service style (quick-serve, sit-down, take-out, etc.) to those that will be offered at the Concessionaire’s Airport location. Additionally:
a. Whenever possible, all pricing should be compared to one location, with all same products being priced to the Primary location.
b. If similar products are not available for all items, then Concessionaire shall request a Secondary location for those products not served at the Primary comparable location.

This location shall also be similar in concept and offer the widest product selection as to ensure that not more than three comparable locations are used to complete the pricing process.
c. If there are additional products offered by the Concessionaire that are not offered at the Primary or Secondary locations, then Concessionaire shall provide a pricing justification based on the most similar product being offered. Pricing justifications must take into consideration the size, quality, and service style (quick-serve, sit-down, take-out, etc.) when providing justification for pricing of a product.
d.Concessionaire must provide a price justification, to be approved by the Airport, for any product that is different in size or quality for purposes of establishing a reasonable comparable price.
e. If Concessionaire is unable to find a reasonable comparable location within the City of Palm Springs, the concessionaire shall have the right to request in writing, approval by the Director for an exemption from the local comparable requirement. Such request must include reason for requested exemption and provide a detailed explanation of how concessionaire intends to establish pricing for its products or services.

Protection from Competition
Item 3A - Page 99

Stores that are partially or fully protected from competition, such as Airports, hotels, amusement parks or sports arenas, and locations that operate using off-price or discount pricing structures, shall not be included as comparable locations.

Approval of Comparable Locations and Pricing
If at any time the Airport and Concessionaire are unable to agree on the comparable street locations or prices, the Director will select the comparable street locations for the purpose of establishing prices.

Price Adjustments and Prices for New Products

1. Written approvals
Concessionaire must obtain Airport’s written approval prior to adjusting prices and prior to introduction new products and services at the Airport. Any request for price adjustments or price approvals for new products and services must be submitted to the Director at least thirty (30) days prior to either the price increase effective date or availability of a new product or service, as applicable. Price increases shall be based on increases in prices for the same items at the approved comparable street location(s).

2. Price adjustments
Concessionaire will be allowed to submit pricing adjustments two (2) times per year unless otherwise requested by Concessionaire due to market conditions, and as approved by the City.

Pricing Display

1. Display of pricing
Concessionaire is required to prominently and clearly display pricing for all products and services offered at all location(s) at the Airport. Failure to display pricing, will subject Concessionaire to liquidated damages in the amount of $300 per occurrence per day

2. Pre-marked or pre-printed price
Where prices are pre-marked or pre-printed on the item by the distributor or manufacturer, the price charged for the item shall not exceed the pre-marked or preprinted price. Any markup on pre-marked or pre-printed items, will subject Concessionaire to liquidated damages in the amount of $300 per occurrence.

Remedies by the Airport

1. Review of pricing and quality
a. At any time, the Director may conduct and or request the Concessionaire to conduct a survey of prices and the quality of products and services then in effect at comparable street locations in Santa Clara County. If the Director determines that any prices being charged by Concessionaire at the Airport are exorbitant compared to street pricing as identified in the survey, or that any product or service being offered by Concessionaire is of insufficient quality compared to the street locations, the Concessionaire is required to submit, within seven (7) days, a product and price list with comparables as required in the Pricing Policy. Prices must be adjusted within seven (7) days of the Director’s approval. b. Any products sold, found to be sold or priced at a higher-than approved pricing shall be subject to liquidated damages in the amount of $300 per occurrence per day until such Product pricing is adjusted in accordance with the Director’s request.

Item 3A - Page 100

2. Remedies
a. No Product may be sold at the Airport without the prior written approval of the Director. Director reserves the right, at all times, to reasonably object to or approve Product offered for sale, the quality of Product offered for sale, the character of services offered to the general public, the methods of service of Product within the Concession Area, the prices charged, and Upon receipt of notice, Concessionaire shall immediately discontinue the sale of any Product found by the Director to be unsatisfactory. The failure of Concessionaire to promptly cease the sale of any disapproved Product shall constitute a Performance Standards Breach and subject to liquidated damages of $300 per occurrence per day until Concessionaire removes such Product.
b. If the City identifies any problems with respect to the quality, variety, and quantity of Products, Concessionaire shall correct, or cause to be corrected, such problem or problems within twenty-four (24) hours of its receipt of written request from the City, unless a longer period is required, but in no event, shall the time-period extend beyond ten (10) days after notice. Failure by Concessionaire to timely correct problems for which it has received a written request from the City shall constitute a Performance Breach and subject to liquidated damages of $300 per occurrence per day.
c. To ensure high Product and merchandise, the City may perform a service audit consisting of a test, survey or other procedure, to determine the quality Product offered to the public. The City may at its discretion require that the Concessionaire upgrade the quality of its Products. Failure by Concessionaire to timely correct problems for which it has received a written request from the City shall constitute a Performance Breach and subject to liquidated damages of $300 per occurrence per day until Concessionaire corrects such problem to the satisfaction of the Director.
d. Should the Concessionaire not provide an acceptable price list with comparables within seven (7) days, the Products or services must be removed immediately from the Concession Location. Concessionaire shall not re-introduce the Products or services until the Concessionaire receives approval from the Airport after the Concessionaire submits the requested price list with comparables. e. Should the Concessionaire not replace products or services of insufficient quality with items of sufficient quality within seven (7) days, the products or services must be removed immediately from the concession location.
f. Any product found to be sold without prior request and approval from the Director, shall be immediately removed by the Concessionaire upon request of the Director. g. Failure to promptly cease the sale of any disapproved Product, remove the Product or services upon request of the Director, will be subject to liquidated damages in the amount of $300 per occurrence per day until such Product is removed.

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EXHIBIT H – CONCESSIONAIRE’S PROPOSAL
Item 3A - Page 102

PACKAGE
TWO
City of Palm Springs
Request for Proposals 10-22
Airport Concessions Retail
Food and Beverage
Item 3A - Page 103
Paradies lagardere TRAVEL RETAIL
•
2849 Paces Ferry Road Ÿ Overlook I, 4th Floor Ÿ Atlanta, Georgia 30339 Ÿ T 404-494-3448 F 404-609-3385 September 21, 2022
City of Palm Springs
Procurement and Contracting Department
Re: Request for Proposals 10-22 Airport Concessions Retail Food and Beverage (“RFP”) Proposal Submitted by Paradies Lagardere @ PSP, LLC – Exceptions from CPRA In connection with the proposal submitted by Paradies-Lagardère @ PSP, LLC ("Paradies" or the "Company"), we are providing the legal rationale supporting our contention that certain portions of the Company’s proposal (“Proposal”) contain trade secret information not subject to disclosure under California Code Section 6250 et seq., commonly known as the Public Records Act (“PRA”).

Paradies contends that the following portions of its Proposal falls within statutory and other exceptions to the PRA (“Confidential Material”):

A. Financial Offer and Sensitive Combined Financials Statements The following sections include Paradies’ most sensitive financial information, which is traditionally (and uniformly) marked “confidential” in proposals across North America. Specifically, Section A includes tables showing sales data derived from Paradies’ affiliate businesses in identified airports, which is required by the Proposal to evidence Paradies’ experience in operating the concessions sought under this RFP. Section D1.b includes information about the partnership ownership structure, particularly that of our ACDBE partner. Section G2 (Summary of Key Financial Propositions Attachment F-Form F1), G3 (Key financial propositions), G4 (Proposed Percentage Rent), G5 (Proposed Minimum Facility Build-Out Investment), G6 (Proposed Refurbishment), G7 (Financial Pro Forma Attachment F – Form F2), G8 (Project Cost Plan Attachment Form F3) and G9 (Paradies’ combined financial statements with Independent Auditor’s Report) all contain financial information, the disclosure of which would allow open-the-books breakdown of revenue, costs, gross income, controllable expenses and other financial data in minute detail, revealing Paradies’ thought process and “secret sauce” with respect to penciling proposals. Disclosure of this information would make known the most critical and confidential elements of the proposals (and any future proposal) and would directly and unfairly benefit its competitors.

B. Associate Handbook
Section D2.a of the Proposal contains Paradies’ Associate Handbook. This document includes express markings that it is considered “Confidential.” This document contains highly confidential information with respect to the competitive personnel/business structure and detailed Company policies, which would provide an unfair advantage to competitors. They are a roadmap to Paradies’ business strategies/incentives that allow it to consistently attract, develop, and retain talent and to deliver its signature first class service.

Item 3A - Page 104
Paradies lagardere TRAVEL RETAIL
Experience new horizons, every day.
2849 Paces Ferry Road Ÿ Overlook I, 4th Floor Ÿ Atlanta, Georgia 30339 Ÿ T 404-494-3448 F 404-609-3385 I. ANALYSIS
A. California Law Excludes Trade Secrets From Disclosure Under Public Records Act The Confidential Material is protected from disclosure under California law. Under the Public Records Act, “citizens are given the right to inspect any public record except one the disclosure of which is exempted by the provisions of [Government Code] section 6254.

Subdivision (k) of [that section], in turn, broadly exempts from public inspection ‘[r]ecords the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law....’ ” Statewide Homeowners, Inc. v. Williams 30 Cal.App.3d 567, 569–570, 106 Cal.Rptr. 479, (1973); see generally San Gabriel Tribune v. Superior Court, 143 Cal.App.3d 762, 771–773, 192 Cal.Rptr. 415 (1983). As a result, subdivision (k) incorporates the trade secret privilege under Evidence Code section 1060, which provides that “the owner of a trade secret has a privilege to refuse to disclose the secret, and to prevent another from disclosing it, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice.”
Civil Code section 3426.1, subdivision (d) defines a trade secret as “information ... that:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”
“In short, the test for a trade secret is whether the matter sought to be protected is information (1) that is valuable because it is unknown to others and (2) that the owner has attempted to keep secret.” DVD Copy Control Assn., Inc. v. Bunner 116 Cal.App.4th 241, 251, 10 Cal.Rptr.3d 185 (2004).

B. The Confidential Material Has Independent Economic Value The Confidential Material is sensitive business information that has independent economic value, both individually and in compiled form. The Confidential Material contains detailed financial information and employee relations materials. This information is in and of itself subject to trade secret protection under California law. See Munoz v. Phh Corp., No. 108CV00759DADBAM, 2016 WL 6778942, at *2 (E.D. Cal. Nov. 15, 2016) (finding financial documents trade secrets under California law).

C. Paradies Took Reasonable Efforts To Maintain Secrecy Furthermore, as demonstrated by its current efforts to withhold the Confidential Material from disclosure, Paradies takes care to secure this information. Under California law, examples of reasonable efforts to maintain secrecy include advising employees of the secret, limiting access to it to a “need to know basis,” requiring confidentiality agreements, and keeping information secured from access by all employees. See Citcon USA, LLC v. RiverPay Inc., No. 18-CV-02585-NC, 2018 WL 6813211, at *5 (N.D. Cal. Dec. 27, 2018)
Paradies Lagardère’s efforts to protect this information is manifest. It limits disclosure of its financial information to those that need to know such information to perform their job duties. Those Item 3A - Page 105
&perfence: new horizons, every day.
2849 Paces Ferry Road Ÿ Overlook I, 4th Floor Ÿ Atlanta, Georgia 30339 Ÿ T 404-494-3448 F 404-609-3385 employees have signed confidentiality and non-disclosure agreements. In addition, the Company maintains a confidentiality provision in its handbook that all employees must acknowledge and sign. The Company’s Associate Handbook also is treated as confidential by the Company. Such measures have been specifically approved by courts as qualifying as reasonable measures to maintain trade secrets.

Further, in connection with submitting these materials as part of its Proposal, Paradies has specifically marked each section as “confidential”. Indeed, the use of these materials in no way constitutes as disclosure that results in a loss of the trade secret privileges afforded to these materials under California law. See Masonite, 49 Cal.Rptr.2d 639 at p. 451, fn. 11, (“limited disclosure to noncompetitors does not result in loss of the trade secret privilege where ... the holder of the privilege made reasonable efforts to maintain secrecy.”.) Paradies has more than satisfied this requirement.

II. CONCLUSION
Protection of the Confidential Material is integral to the success of Paradies. However, it also contributes to the success of the airport. As an airport operator, the City is a marketplace participant and competitor in the realm of airport and travel retail. The City will benefit from selection of the very highest quality concessionaires, those whose businesses will yield the best service and greatest revenue. Concession success contributes to growth and expansion of airline service by reducing airline costs and contributing to passenger satisfaction, which in tum benefits entire communities. As such, the City has an interest in ensuring that robust competition occurs when concession opportunities become available. Competition is served by the protection from disclosure of the competitive information. Based upon the foregoing, Paradies contends that the above listed information is excepted from disclosure under the California Public Records Act.

Item 3A - Page 106
&perfence: new horizons, every day.

City of Palm Springs
Request for Proposals 10-22
Airport Concessions Retail
Food and Beverage
Cover Letter
Executive Summary
Section A: Firm’s Experience
Section B: Brands and Concepts
Section C: Facility Design
and Quality of Improvements
Section D: Management
and Operations Plan
Section E: Transition Plan
Section F: Forms
Section G: Pricing

TABLE OF CONTENTS

PACKAGE
TWO
Item 3A - Page 107
•
•
•
•
•
Paradies lagardere TRAVEL RETAIL
•
•
•
•
Cover
Letter
Item 3A - Page 108
Paradies lagardere TRAVEL RETAIL
•
Dear Ms. Baker,
On behalf of the entire team at Paradies Lagardère and our ACDBE partner CRS Sophisticated Solutions, Inc. (CRS), we appreciate the invitation to present our vision for an innovative, comprehensive proposal for the City of Palm Springs airport retail concessions opportunity. Proposing as Paradies Lagardère @ PSP, LLC, we enthusiastically embrace the city’s slogan “Like no place else” with a selection of best-in-class concepts where travelers can “Connect like no place else”, to a new and exciting retail offering that is truly reflective of what makes Palm Springs so unique.

Through our 62-year history in the industry, we are consistently recognized as North America’s premiere airport concessionaire in North America. This is evidenced by our presence in over 100 airports where we operate more than 1,000 retail and dining locations, including local and national brands. We have proven expertise in identifying the needs and preferences of our airport partners and attracting travelers and airport/airline staff. The result is award-winning, proven excellence in managing a variety of successful retail store and restaurants.

We welcome the opportunity to exceed your expectations in all phases of operations and partnership, including:

Delivering a Unique Sense of Place. Our proposed concepts combine the unique architecture, natural scenery and chic mid-century style of Greater Palm Springs and the region. We fully embrace Coachella Valley’s vibrancy with Nine Cities Craft, El Mirasol, Trio, and Coachella Valley Coffee Co. where travelers’ taste buds will be instantly wowed by the unique tastes and smells that celebrate the best of Palm City’s dining scene.

Fast Convenience. We are excited to offer Buzz by Bar Fly and Half Moon Empanadas for airport/airline staff and travelers on the go where they can grab a quick, fresh, and delicious bite to eat, or rest for a few minutes before their flight to enjoy a refreshing cocktail or beer.

Award-Winning Experience. Our concept lineup is impressive, but our long history and experience are equally notable. Our successful operations with our airport partners have resulted in industry awards and recognition from AXN, ACI and The Moodie Davitt Report for excellence in customer service, brand execution, and engagement. From our award-winning brands like Vino Volo to local brands, we have the expertise and teams to support and exceed the needs of PSP, one of the fastest growing airports in the US! ACDBE Participation. The entrepreneurial spirit of small business operators is a core driver of our ACDBE program. We have a successful multi-year partnership with Steven Menefee, President and CEO of CRS, and are delighted to continue that relationship at PSP where he will own 10% of the joint venture, exceeding PSP’s overall annual goal of 7.8%.

As a proven PSP partner, this is our commitment to you, which will absolutely translate into maximum revenues for the City of Palm Springs! We are fully committed to delivering on the airport’s overall goals and are eager to exceed your expectations by delivering a long-awaited program that will add to the character of PSP and elevate the loyalty of its dedicated travelers. Thank you.

Sincerely,
Gregg Paradies
President and CEO
Point of Contact
[email protected]
404.344.7905
September 22, 2022
Kim Baker
City of Palm Springs - Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Request For Proposals 10-22 - Airport Concessions Retail Food and Beverage Item 3A - Page 109
Paradies lagardere TRAVEL RETAIL
Executive
Summary
Item 3A - Page 110
Paradies lagardere TRAVEL RETAIL
•
Executive Summary
Connecting…to Palm Springs!
Palm Springs is a unique destination full of
amazing experiences, sights, sounds and flavors.

It’s obvious why Visit Greater Palm Spring’s
tagline is Like No Place Else. Our proposed
dining program for this opportunity at Palm
Springs International Airport will also be like no
place else as we’ve creatively embodied the
tastes, aura, and personality of the local dining
scene. By inventing a seamless extension of the
city and region that celebrates the Mid-century
Modern design, we will surpass PSP’s goals and
vision to creating a gathering place for travelers
to “Connect…Like No Place Else.”
The details provided within this proposal confirm
that Paradies Lagardère meets, and well
exceeds, the minimum requirements of more
than three years of continuous experience within
the last five years operating similar concessions
in an airport, and the knowledge of operating in
an airport. We currently hold business licenses
required for this opportunity and will continue
to maintain them throughout the course of
the contract should we be selected for this
opportunity. Our knowledge of the airport, it's
infrastructure and inner workings, the greater
Palm Springs community, and its travelers
will allow us to hit the decks running to
implement a brand-new food and
beverage program at PSP.

Item 3A - Page 111
coachellavalleycoffee You have to admit, the Palm
Springs International Airport is one of the most userfriendly airports in the country. And yes, the coffee is pretty darn good up here as well
Connecting…
with an
Experienced
Leader
With over 60 years of success in creating
inspiring experiences in North American airports,
Paradies Lagardère is a leader in its field
operating more than 190 local, national ,and
proprietary restaurants and bars in 42 airports,
and seamlessly representing 97 local and
national brand partners. From national icons like
Starbucks and partnerships with celebrated chefs
like Michael Mina at our Bourbon Pub (SFO) to
our own award-winning Vino Volo, and dozens of
authentically executed local food and beverage
brands, we specialize in experiences, not just
restaurants operations.

As a result, we have developed the trust, reliability
and expertise to tailor our programs to the
specific desires of our airport partners, and their
unique travel markets, while remaining true to our
brands partners. We have devoted that same
effort and attention for this dining opportunity
at PSP and are excited to unveil a program that
captures everything Palm Springs.

Item 3A - Page 112
TRIO: Head Chef Phillip Martin
and Proprietor Tony Marchese
collaborated with us to create a PSP
version of this great neighborhood
brand. On the street, it’s “Where
Palm Springs Eats.” At the airport, it
will no doubt be “Where PSP Eats!”
Buzz by Bar Fly:

This small yet playful watering
hole is big on speedy service
featuring popular and local
cocktails, wines, and an
assortment of regional brews
and light bar snacks.

El Mirasol Cocina Mexicana:

We’re brining a street-side
favorite to PSP! Offering casual
dining indoors or out,and quick
service options for travelers in
a hurry, this new iteration of El
Mirasol will have guests stopping
in again and again!
Nine Cities Craft: This restaurant
IS Palm Springs. A unique and
delectable menu covering all day
parts complemented by a lengthy
selection of spirits, craft beer,
and wine that represents
each of the nine cities of
greater Palm Springs.

Vino Volo:

We have combined Spaces 2 and
3 to create a full service Vino Volo
experience, complete with a new
local cocktail and craft beer offering,
expanded menu and, of course, our
undeniable and robust wine selections.

Coachella Valley
Coffee Co.:

We’re expanding our
great partnership
with Cliff Young’s
iconic brand with
a full location to
share his fair-trade
sourced, locally-roasted coffee,
smoothies, teas, specialty drinks
and delicious menu items.

Half Moon Empanadas:

Perfect for travelers on the
go, this kiosk will deliver a new
level of “speed with quality”
experience by serving their
healthy, easy-to-travel
Latin-inspired turnovers.

Experience the quality and fun of Palm Springs’ culinary talents, in comfortable atmospheres surrounded by our imaginative interpretation of the Mid-century Modern design, without leaving the airport. Our mix of iconic local brands and proven concepts will transcend travelers’ senses directly from the terminal to the streets and neighborhoods of the surrounding region.

Our dining program has three distinct offerings: expanded options; brings coffee and quick service to the Bono Concourse; and eliminates cross traffic in the highly congested walkways.

Connecting…with Travelers
Item 3A - Page 113
TRIIO
Combining customer-facing and behind-the-scenes solutions, our technologies help us create a better experience for our customers, airport partners, and operations teams.

Connecting...Through Technology
to Improve Customer Service

MOBILE ORDERING - GRAB
We are excited to offer Grab, Mobile Ordering/
Delivery Platform service. Paradies Lagardère
was an early adopter of Grab’s services, joining
them as a test partner for their first airport
launch at Dallas/Fort Worth International Airport.

We have already integrated the Grab platform
with our POS systems and operating procedures,
and are ready to launch the Grab service on
opening day at PSP.

ORDER AT
TABLE
All of our casual dining
restaurants and bars will
offer QR codes on
tables or bartops for
convenient ordering.

VINO VOLO LOYALTY APP
Beyond a great experience inside the
location, PSP fans of the Vino Volo brand
will be able to stay connected on an ongoing basis through our loyalty program and app. Receive members-only prices
for tastings, gifts and discounts, find
other airport locations, earn loyalty
rewards and more!
Connecting...with
the community...

It’s important to Paradies Lagardère and our partners to give back to the community and raise awareness about causes we believe in. We support causes and charities from the national level across the US to the local level in Palm Springs and many in between. We are also avid supporters of our aviation industry and strive to contribute in tangible ways. For more on these amazing charities, please read on in Section D.

MONITORING SPEED OF SERVICE
We know timing is everything when it comes to
travelers getting to the flights so we’ve invested
in camera-based
technology that will
help us better monitor
queuing wait times and
staffing through realtime data and trend
analysis. And, don’t
worry about privacy,
our cameras don’t
record faces and no
information is shared outside our systems.

AIRPORT MINORITY ADVISORY COUNCIL
Item 3A - Page 114
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AIRPORTS COUNCIL

INTERNATIONAL
Paradies Lagardère is known for building restaurants that last, holding up to the density of traffic and rigors of the airport environment. Our initial investment in this package is significant and sufficient to deliver our proposed concepts in first-class fashion, that will drive the highest sales and revenue to the airport.

You Can Trust Our Numbers! Our projected revenues and capital expenditures are credible and responsible, based on considerable experience in Palm Springs and California. Delivering the best concepts and customer experience not only produces the highest rent revenue for the airport, but contributes to enhancing PSP’s overall reputation as a world-class airport.

We would never dare propose a future awardwinning dining program without an awardwinning team to lead it. Our proposed program, will connect PSP with a collection of culinary
and restaurant operations experts who have
decades of experience with Paradies Lagardère
but whose skills were also honed by hospitality
leaders such as Walt Disney World, Ritz Carlton,
Aramark, Buckhead
Life Restaurant Group
and more. Our talented
ACDBE partner, Steven
Menefee is a true
owner/operator bringing
significant experience in
restaurant operations,
training, and consulting
with brands such as
McDonald’s and 7-Eleven.

Our partnership with Steve
is proven, with our 10-year partnership at San
Diego International Airport.

To reflect the rich history of mid-century design
and modernism Palm Springs is known for, our
own team of seasoned design and construction
experts, proficient in the unique field of airport
restaurant design, will work in conjunction with the
highly regarded Palm Spring firm of Cioffi
Architects, led by James Cioffi.

When paired with the very successful culinary
talent of our many local brand partners, chefs
and business owners for this opportunity, we
have connected a dynamic team and partnership
that will far exceed the airport’s and travelers’
elevated – yet deserved - expectations.

A highlight of our program will be the partnership
we created with Visit Greater Palm Springs. Our
associates will benefit from their TEAM GPS
hospitality training sessions created by this
destination marketing organization to provide an
elevated level of service and a seamless streetto-terminal Palm Springs hospitality experience for PSP travelers.

Connecting…with the Right Leadership Team
Connecting...the numbers
Item 3A - Page 115
Section A:

Firm’s
Experience
Item 3A - Page 116
Paradies lagardere TRAVEL RETAIL
•

JAMAICA

BRITISH
VIRGIN
ISLANDS ST. MAARTEN
› Experience and Commitment
With 850 stores and 170 restaurants and bars in more
than 100 airports, Paradies Lagardère is among the travel industry’s best in creating memorable and positive customer experiences for today’s travelers.

We have also become the go-to concessionaire for retail, dining, and combined concession contracts. Our dining
division represents approximately $400 million in annual sales and continues to grow with recent awards in OKC,
SAT, ATL, and RSW representing more than $100 million in annual sales.

We are backed by Lagardère Travel Retail’s global $5.8 billion global presence across 41 countries. This financial depth, generations of experience, and unwavering commitment
to our associates, small business and airport partners, has allowed us to out perform our competitors during the most uncertain times our industry has ever experienced.

A. Firm’s Experience
WE SPECIALIZE IN:
› Innovative culinary and retail
techniques and local sourcing
› Seamless representation of national
brands, localized and proprietary concepts,
and local companies and vendors
› Creation of award-winning concepts and
experiences with innovative customer solutions
› A “high tech, high touch” approach
that balances modern initiatives with
industry leading customer service
› Award-winning customer service for
both the airport and travelers
WE PROVIDE:
› Diverse brand portfolio across retail
and food and beverage
› Customized retail solutions
› Global expertise
› Family culture which continues to motivate its
employees to outperform the rest of the industry
› Brands proven to outperform any competitors
› Continuous refurbishments and redesign
to provide fresh relevant offerings
Our Mission:

To maintain First-Class standards
that exceed the expectations
of the customers and business
partners we serve.
$1.2
Billion Sales
850 Retail
Stores
170+
Restaurants
and Bars
100+
Airports
≈10,000
Associates
Opening our first airport store in 1960 and then igniting a retail revolution two decades later, we continue as the premiere airport retailer in North America. But our expertise doesn’t stop there. We are also experienced restaurateurs specializing in amazing dining experiences. This is achieved with the most attractive brand portfolio in the industry, inspiring and creative restaurant designs, and a self-proclaimed and playful “maniac” approach to industry-leading hospitality. › History of the Proposer
With proven expertise in international, national, and local brands, we own an unparalleled reputation for developing and introducing new brands into airport markets. We deliver recognizable local and national brands with the same quality and consistency offered in street-side traditional settings. We do not depreciate or cut corners, as we strive to exceed the high standards of our partners. From hundreds of local brand partners like our wildly successful Hip & Humble at SLC Airport or Smoke Shack at SAT, to beloved national chains like Starbucks and Spanx, our travelers appreciate and savor the seamless experience of all their favorites.
› First Class Customer Service and Driving Sales
Item 3A - Page 117
///////////////////////////
///////////////////////////
///////////////////////////
///////////////////////////
› Dining Concessions Experience
Paradies Lagardère operates in more than 100 airports in North America comprising hundreds of active contracts and individual entities. Most of our contracts include multiple units at a single airport, and in some instances we are the sole concessionaire responsible for the entire retail, dining, or combined concessions program. The following provides three airport concessions programs of similar size, and scope, and dining concessions and a snapshot of our operations at PSP. We provide valid and current references in Section F - Attachment E.

Paradies Lagardère has a deep bench of expertise and experience built over decades with leading retail and food and beverage professionals and concepts to create formidable airport shopping and dining experience for the traveling public.

The Paradies Shops opened their first store in the Atlanta Municipal Airport (now Hartsfield Jackson Atlanta International Airport). In 2015, Paradies merged with Lagardère Travel Retail’s North American operations based in Toronto, Canada to become Paradies Lagardère, the new industry leader in travel retail and dining.

In 2018, Paradies acquired Hojeij Branded Foods (HBF), an industry leading airport restaurateur, and its premier Vino Volo brand – North America’s largest and highly regarded airport wine bar and wine retail chain.Today with our combined expertise and continued growth, we now own and operate more than 1,000 stores and restaurants in 100 airports across the US and Canada.

With 20 years of service at PSP,
perhaps nothing speaks better
to our dedication and ability to
serve PSP and our shared guests
than our track record through the
COVID-19 pandemic. When PSP’s
only F&B concessionaire exited in
the uncertain days of early 2020,
Paradies stepped up. Our Retail
team immediately reset the larger stores on both concourses, adding coolers and an assortment of individually packaged Grab & Go food items, serving all day parts, an, and a COVID-safe single-serve coffee machine. We ultimately invested over $800,000 to clean, re-brand, and reopen the previous F&B operator’s locations.

LONG BEACH AIRPORT (LBG) REFERENCE: Dale Worsham, 562-570-2600, [email protected] # of years operated 10
Date of most recent contract 2015
Name of Concepts operated 4th Street Vine Wine & Beer Bar, Boathouse on the Bay, Long Beach Burger Bar, Sheldrake Coffee Roasting & Sweet Jill’s Bakery (2)
Gross Sales 2019 2020 2021
$10,777,981 $2,810,705 $5,627,562
AUSTIN-BERGSTROM INTERNATIONAL AIRPORT (AUS) REFERENCE: Mookie Patel, 206-409-9329, [email protected] # of years operated 6
Date of most recent contract 2018
Name of Concepts operated Berry Austin, Departure Lounge, Fig + Plum, Hut’s Hamburger, MAD Greens , Ruta Maya (2), Salvation Pizza, Scoreboard, Second Bar + Kitchen, ThunderCloud Subs, Vino Volo (2) Gross Sales 2019 2020 2021
$18,693,436 $4,383,066 $10,770,388
SAN ANTONIO INTERNATIONAL AIRPORT (SAT) REFERENCE: Jesus Saenz, 210-207-3444, [email protected] # of years operated 4
Date of most recent contract 2022
Name of Concepts operated Boss Bagel, Merit Local Coffee, Sip Brew Bar & Eatery, Smoke Shack, Vino Volo Gross Sales 2019 2020 2021
$1,237,526 $1,765,606 $6,818,975

PALM SPRINGS INTERNATIONAL AIRPORT (PSP) - DINING
# of years operated 2
Date of most recent
contract
2020
Name of Concepts operated Buzz by Bar Fly, PSP Coffee, PSP Wine Bar, Santa Rosa Kitchen Gross Sales 2019 2020 2021
- $127,286 $5,179,032
› Corporate Growth

CONFIDENTIAL
Item 3A - Page 118
› Airports Where We Operate
Paradies Lagardère operates in more than 100 airports in North America comprising several hundred active contracts and individual entities. Most of our contracts include multiple units at a single airport, and in some instances we are the sole concessionaire responsible for the entire retail, dining, or hybrid concessions program.

The following provides a list of every U.S. and Canadian airport in which we operate and number and type of units. If the airport would like additional information for a specific airport or contract, we are happy to provide upon request.

Airport
Code
No. of
Units
Type of
Concession
ALB 4 Retail
AVL 3 Retail/F&B
ATL 39 Retail/F&B
AUS 24 Retail/F&BBOI 5 Retail
BOS 3 F&BBTR 2 RetailBWI 2 F&B
FLL 23 RetailCLT 41 RetailORD 2 RetailCAE 3 Retail
CLE 1 F&BCMH 12 Retail/F&BCVG 11 Retail/F&B
DAY 3 Retail
DEN 15 Retail/F&B
DFW 58 Retail/F&B
DTW 46 Retail/F&B
ELP 9 Retail
EWR 5 F&BFNT 2 RetailRSW 18 Retail
GSO 4 Retail
BDL 8 Retail
IAH 40 Retail
HOU 9 Retail
HSV 2 RetailIND 24 RetailISP 4 RetailJAX 11 Retail/F&B
JFK 22 Retail
KCI 14 Retail
SNA 7 Retail/F&B
TYS 2 RetailLAS 2 RetailLEX 2 RetailLGB 7 Retail/F&B
LAX 27 Retail/F&BSDF 9 Retail
AZA 4 RetailMCO 4 F&B
MEM 20 Retail
MKE 21 Retail/F&BMLI 2 Retail
MSN 4 RetailMSP 2 F&B
MSY 8 Retail/F&B
MYR 2 F&B
OAK 2 F&B
OKC 19 Retail/F&B
PDX 9 Retail/F&B
PHL 13 Retail/F&B
PHX 13 Retail
PIT 2 F&B
PWM 3 Retail
PNS 2 RetailPSP 9 Retail/F&B
PVD 8 Retail
RDU 11 Retail
RNO 7 Retail/F&B
SAT 12 Retail/F&BSAN 10 RetailSFO 8 Retail/F&B
SLC 11 Retail
SMF 8 Retail/F&B
SRQ 5 Retail
SAV 6 RetailSTL 2 F&B
STT 1 Retail
GEG 10 RetailSGF 2 RetailSYR 4 RetailTLH 2 RetailTPA 18 Retail/F&B IAD 12 Retail/F&BDCA 19 Retail/F&B
PBI 16 RetailICT 3 Retail
YEG 8 Retail
YOW 12 Retail/F&BYQB 4 Retail
YQR 4 RetailYUL 21 RetailYVR 18 Retail/F&B
YWG 9 Retail
YYC 17 Retail/F&B
YYJ 3 Retail
YYT 5 Retail
YYZ 57 Retail/F&B
YXE 5 Retail
XNA 7 F&B
Item 3A - Page 119

AIRPORT MINORITY ADVISORY COUNCIL
The Most Recognized
Operator in the Industry
✮ The Airport Food & Beve ar
f noCeg
e er nce and Awards 2019
SUPERSTARS
WINNER
Food Operator with the Highest
Regard for Customer Service:

Vino Volo – 11-time recipient
Best Chef-Driven, Local or
Regional Restaurant
– Bar Symon, PIT
Best Brand Restaurateur
– Paradies Lagardére
for Chick-fil-A
Best Airport for Dining – Long Beach Airport, 2-time recipient Best Airport Bar/Restaurant Wait Staff – Bar Symon, PIT Strategic Partner Award – 2-time recipient
Innovation and Inclusion Award
Best New National Brand – Freddy’s Frozen Custard and
Steakburgers, OKC
Adaptability Award (Concessionaires)
Best New F&B QSR Concept – Wow Bao, DCA
Best New National Brand Concept, Dining
– P.F. Chang’s, DTW
Star Team
– Humanity, Leadership & Inspiration - Gregg Paradies,
President & CEO
Star Team
– The MORE Marketing Campaign
Humanity, Leadership & Inspiration
– “From Our Kitchen to Your” Cooking Show and the Vino
Volo “Cheers to You” video series
Best Women Leadership Initiative, Paradies Lagardère
Star Individual, Lanae Davis, Regional Director, Paradies Lagardère Dining Operations
Item 3A - Page 120
It# AIRPORT EXPERIENCE" #A news

AIRPOIJS COUNOL
INTEltNAJlONAI.

F '13i
WINNER
111'1 Moodie Davitt
!!l!l llll! Report
Section B:

Brands and
Concepts
Item 3A - Page 121
Paradies lagardere TRAVEL RETAIL
•
F&B 1
1,988 SQ. FT.

It’s a Coachella
Valley Vibe
Nestled between the San
Jacinto and Santa Rosa
mountains and Joshua Tree
National Park lies Coachella
Valley - a magical place
where people have flocked
for decades to experience
the desert serenity, hidden
waterfalls, beautiful
architecture, and culture of the
nine cities each wit their own
distinct personality.

When you step through the door
at Nine Cities Craft you take on a
while new vibe - a new attitude.

No matter how stressful your flight
might have been, what mood
you’re in, or the upcoming business
meeting you’re preparing for, a
stop over at Nine Cities Craft will
have you sitting up straighter and
ready to take on the world with
a smile on your face. Our menu
is packed with thirst-quenching
craft beers to cool you off in the
summer and craft cocktails each
as unique as the nine cities of
Coachella Valley. The food is to
die for too, with all day parts and
flavors for every palate, we know
travelers will make Nine Cities
Craft a must-stop on their tour.

Consider Nine Cities Craft your
connection to this distinct valley.

Palm
Springs
Desert
Hot
Springs
Cathedral
City
1a. Name, Concept, Theme
Nine Cities Craft
Restaurant and Bar
Coachella Valley Vibe
1b. Rationale
Ranch
Mirage
Palm
Desert
Indian
Wells
La Quinta
Indio
Coachella
Item 3A - Page 122
1c. Quality, Value, and Time

FUSING STYLE AND SOPHISTICATION
From our top-notch entrées to our delectable drinks, our menu is packed end to end with high-quality ingredients, priced well, and prepared quickly so you have time to sip and savor instead of rushing through your meal to catch your flight.

Stimulating Passenger’s Palates
Ham and Cheese, peanut butter and jelly, salt and
pepper - there are some things that just work
better in pairs. At Nine Cities Craft our beer pairs
best with the Smoked Turkey BLT (look at that,
another classic combo!).

A beer garden wouldn’t be complete without
pizza...or in this case flatbread! Try our meaty
Spicy Salami; Cheese; or Artichoke Pesto
Flatbreads. Or, for a lighter option your taste
buds will be pleased with our Asian Quinoa Bowl
complete with quinoa, edamame, shredded
cabbage and carrots, Mandarin Oranges and
Sesame Vinaigrette dressing or a Roast Beef
“Dip” with crispy onions and Swiss.

All Day, Every Day!
If you’re arriving early and breakfast is more on
your mind we’ve got Spicy Ham & Egg Sandwich
topped with cheddar cheese on a
Brioche bun, or a BBQ Pork
Breakfast Burrito with egg
and cheese, both served
with roasted potatoes!
If you prefer a healthier
start to your day, we’ve
got Overnight Oats,
topped with Citrus Curd
before “running to the
gate” for that early flight!
Item 3A - Page 123
1d/e. Sense of Place and Local Attributes
Craft Beers and Ciders
Beer is one of the oldest and mostly widely consumed
alcoholic drinks in the world and it’s no wonder. Hoppy, citrusy, mellow, or rich, there’s a taste profile for every preference. Only water and tea out rank beer in popular drinks and you need water to make beer so we think it really ranks in the top two drinkable beverages!
At Nine Cities Craft we’ve covered all the bases in beer with local brews from the nine cities, including Coachella Valley Brewing I-10 IPA, La Quinta Brewing Heatwave Amber Ale, Calidad Mexican Style Lager, Speakeasy Metropolis Lager! And of course, we’d never leave out the beloved classics like Sella Artois, Budweiser and Michelob Ultra!
And don’t worry, if you’re not a fan of hops you won’t feel left out when your friends can’t wait to saddle up to the bar.

We’ve got you covered with Cali Squeeze Blood Orange, Ace Apple Cider, Plant Botanicals Hard Seltzer!
Rosé all Day
With year-round perfect grapegrowing weather, California has become synonymous with
wine and nearly 4,500 wineries
throughout the state with more
opening every year! Our wine
selection at Nine Cities Craft
celebrates that California
legacy with a variety of local
and regional wines. But, we’d be
remiss if we didn’t offer travelers
some of the best vintages from
around the world including
New Zealand, France, and Italy.

Sparkling, white, red, or rosé,
there’s a glass waiting for you.

Craft Cocktails
Our guests will have access to all of their favorite spirits in ready-toenjoy cans or hand crafted by our team of talented mixologists! Get your drink on the rocks, neat, or anything in between made with top shelf vodka, gin, tequila, rum, bourbon, scotch, or liqueurs, or start with your favorite canned drink and make it your own. Many of our read-to-enjoy cocktails are from right here in Coachella Valley and celebrate the spectacular region with every sip!
We like to be unique with our creativity and combine pure spirits with fresh, flavorful mixers to design intoxicating concoctions. And we do so with several national and local liqueurs and ingredients. Enjoy the refreshing Come Fly With Me made with Makers Mark Bourbon, R6 Carmela Whiskey, Coffee simple syrup, vegan egg whites, and bitters for a major dose of Mid-Century vibes. You’ll be crooning along to the song in no time. Or, if whiskey’s not your jam try the Desert Sun made with Xicaru Mezcal, Prikley Pear Syrup, and Lime for a true desert experience!
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The following page
provide our menu offerings
including breakfast,
sandwiches, salads, flat
breads, and desert and
a selection of ready to
drink and craft beers and
cocktails, and a handpicked selection of wines
including unique local
favorites to excite and
entice the traveler. A few
of our favorites include
the overnight oats with
Citrus Curd for a refreshing
breakfast; the Artichoke,
Pesto, and Kalamata
Olive Flat Bread, and the
Oreo Cookies & Cream
Cheesecake that melts in
your mouth.

And don't forget the local!
We called out a few on
the previous page, but we
think it's worth a second
mention. The majority
of our cocktails, beers,
and wines are created
right here in California. La
Quinta Brewing Heatwave
Amber Ale and Coachella
Valley Brewing's I-10
IPA are so local they're
practically made in
PSP's backyard!
2/3. Price List and Unique Attributes
Nine Cities Craft is meant to be a gathering place
for travelers to relax but our staff and kitchens are
built for speed. Our menu is designed for speed
of service in mind but not lacking in flair or flavor!
We’ll have you served up fast and ready to explore
Coachella Valley, one city at a time. And hey, start
with Palm Springs and really get the adventure
started on the right foot.
1f. Speed of Services
Item 3A - Page 125
BBQ Pork Breakfast Burrito $9.99
Tortilla-Egg-Cheddar Cheese-Pork, Comes with Roasted Potatoes Bacon & Egg Sandwich $9.99
Brioche-Bacon-Egg-Cheddar Cheese, Comes with Roasted Potatoes Spicy Ham & Egg Sandwich $9.99
Brioche-Spicy Ham-Egg-Cheddar Cheese, Comes with Roasted Potatoes Overnight Oats $7.49
Oatmeal-Milk-Yogurt-Brown Sugar, Topped with Citrus Curd

BREAKFAST
Smoked Turkey BLT $13.99
Sourdough, Smoked Turkey, Bacon, Lettuce, Tomato, Mayo
Ham & Swiss $13.99
Sourdough, Ham, Swiss, Dijon Sauce, Lettuce
Roast Beef Dip $14.99
Italian Roll, Roast Beef, Swiss, Crispy Onion, Au Jus
Italian $14.59
Italian Roll, Ham, Salami, Spicy Ham, Provolone, Lettuce, Tomato, Italian Dressing BBQ Pork $13.99
Brioche, BBQ Pulled Pork, Coleslaw
SANDWICHES Served Hot Or Toasted with Chips or Cole Slaw Soup (Chef’s Choice) $7.49
Asian Quinoa Bowl $14.49
Quinoa, Edamame, Shredded Cabbage, Shredded Carrots,
Mandarin Oranges, Sesame Viniagrette, Crispy Noodles
Antipasto $14.99
Mixed Greens, Ham, Salami, Provolone, Artichokes, Pepperoncini, Tomato, Kalamata Olives, Balsamic Dressing
Tuna Salad $14.99
Mixed Greens, Tuna Salad, Kalamata Olives, Tomatoes

SOUP AND SALADS
Spicy Salami $14.49
Flatbread, Tomato Sauce, Salami, Mozzarella, Red Pepper Flakes Cheese $14.49
Flatbread, Tomato Sauce, Mozzarella
Artichoke, Pesto, Kalamata Olive $14.99
Flatbread, Pesto, Mozzarella, Artichokes, Kalamata Olives

FLATBREADS
Oreo Cookies & Cream Cheesecake $8.00
Creamy Cheesecake, Oreo Cookies, Oreo Cookie Mousse, Chocolate Ganache

DESSERT
DRINKS
Coffee $2.89
Fountain Soda $3.50
Iced Tea $3.50
Hot Tea $3.50
Hot Chocolate $3.50
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--~ 11111111-iZl!I )'!(T~it -

COCKTAILS
Come Fly with Me $14
Makers Mark Bourbon, R6 Carmela Whiskey, Coffee Simple Syrup, Vegan Egg White, Bitters Bloody Mary $15
Tito’s Vodka, Tomato, Worcestershire
Blanco Margarita $13
Blanco Tequila, Cointreau, Agave, Lime
The “PSP” Mule $13
Tito’s Vodka, Ginger Beer, Lime
Americano $12
Campari, Sweet Vermouth, Soda
Cucumber Cooler $13
Tito’s Vodka, St. Germain Liqueur, Cucumber, Agave, Lime Desert Sun $14
Xicaru Mezcal, Prickly Pear Syrup, Lime
Santa Rosa Whiskey Sour $14
Woodford Reserve Bourbon, Cointreau, Lemon, Simple Syrup Tuaca Daiquari $14
Light Rum, Tuaca Citrus Vanilla Liqueur, Lime, Simple Syrup

READY TO ENJOY COCKTAILS
Cutwater Long Island Iced Tea $13.50
Long Island Iced Tea, Vodka,
Rum, Gin, Tequila, 12oz
Cutwater Mango Margarita $13.50
Tequila, Lime Juice, Mango, 12oz
Cutwater Strawberry Margarita $13.50
Tequila, Lime Juice, Strawberry, 12oz
Cutwater Tequila Paloma $13.50
Tequila, Grapefruit Soda, 12oz
Cutwater White Russian $13.50
Vodka, Coffee Cream Liqueur, 12oz
Organic Prairie Cucumber
Lemonade Vodka $13.00
Vodka, Lemonade, Cucumber, 355ml
Beagans Coffee & Cream $13.00
Coffee Liqueur, Cream, Vodka, 200ml
Line 39 Spritzer
Rose Strawberry $13.00
Rose’, Sparkling Water, Strawberry, 250ml
Line 39 Spritzer
Sauvignon Blanc Lemon $13.00
Sauvignon Blanc, Sparkling Water, Lemon,
250ml
Small Hand Cocktails Gin Gimlet $13.50
Gin, Citrus Cordial, Zest, Juice, 100ml
Small Hand Cocktails Tequila Gimlet $13.50
Tequila, Citrus Cordial, Zest, Juice, 100 ml
Small Hand Cocktails Vodka Gimlet $13.50
Vodka, Citrus Cordial, Zest, Juice, 100 ml
Small Hand Cocktails
Pineapple Paloma $15.00
Tequila, Grapefruit Juice, Pineapple
Gum Syrup, a touch of Salt, 200ml
Small Hand Cocktails
Plum Blossom $15.00
Vodka, Ginger, Hibiscus, Salted Plum,200 ml
Small Hand Cocktails The Marina $15.00
Vodka, Cucumber, Basil, Elderflower,200 ml
Cutwater Bali Hai Tropical
Tiki Rum Mai Tai $13.50
Rum, Bali Hai Tiki Gold Rum,
Pineapple, Coconut, Citrus, 12oz
Cutwater Bali Hai
Rum Pina Colada $13.50
Bali Hai Tiki Gold Rum, Coconut Cream
Liqueur, Pineapple 12oz
Item 3A - Page 127
SPARKLING Glass Bottle
Le Grande Courtage Grande Cuvee France Blanc De Blancs Brut 187ml $14 Le Grande Courtage Grande Cuvee France Brut Rose 187ml $14 Prosecco Acinum Extra Dry Veneto Italy $11 $44
Champagne Nicolas Feuillatte Cuvee Gastronomie Brut Champagne France $19 $76 WHITE
Pinot Grigio Insomnia California 375ml $14.5
Pinot Grigio Ca’Bolani Friuli Aguileia Italy $12 $48
Chardonnay Insomnia California 375ml $14.5
Chardonnay Elouan Oregon $13 $56
Chardonnay Au Bon Climat Los Alamos California $18 $72
Sauvignon Blanc Essentially Geared California 250ml $13.5 Sauvignon Blanc Giesen Estate Marlborough New Zealand $13 $56 Riesling Longshadows Ninehats Columbia Valley Washington $12 $48 ROSE
Rose’ Confetti Trentino Italy 250ml $13.5
Rose’ Maison Saint Aix Coteaux AIX Provence France $16 $60 RED
Malbec Finca Decero Agrelo Remolinos Vineyard Mendoza, Argentina $12 $48 Pinot Noir Insomnia California 375ml $14.5
Pinot Noir Niner Edna Valley California $15 $60
Cabernet Sauvignon Treana Paso Robles California $15 $60 Cabernet Sauvignon Oberon Napa County California $18 $72 Merlot Gainey Santa Barbara California $14 $56
Stella Artois $11.00
Michelob Ultra $10.00
Coachella Valley Brewing I-10 IPA $12.00
La Quinta Brewing Heatwave
Amber Ale $12.00
Calidad Mexican Style Lager $11.00
Speakeasy Metropolis Lager $12.00
Budweiser $8.00
Michelob Ultra $8.00
Speakeasy Big Daddy IPA $9.00
La Quinta Poolside Blonde $9.00
Golden Road Mango Cart $9.00
Cali Squeeze Blood Orange $9.00
Coachella Valley Desert Swarm $9.00
Ace Apple Cider $9.00
Plant Botanicals Hard Seltzer $10.00
O’doul’s $8.00
WINES

DRAFT BEER CANS & BOTTLES
Item 3A - Page 128
F&B SPACE 2 - 1629 SQ. FT.

F&B SPACE 3 - 700 SQ. FT.

T O TA L - 2 , 3 2 9 S Q . F T.

COMBINED:

Item 3A - Page 129

THE ART OF

DISCOVERY
1a. STO R E N A M E , C O N C E P T, & T H E M E

V I N O V O L O

FOOD & BEVERAGE

THE ART OF DISCOVERY
1b. Rationale
Surely a world-class airport deserves the leading airport wine concept in North America with 54 locations across top U.S. and Canadian airports, countless customer service and design awards, and a wine and hospitality training program that is unrivaled in the industry, right? Well, PSP isn’t exactly getting that Vino Volo…it’s
getting something even better!
As our industry changes and grows,
so does Vino Volo. Our concept has
evolved to a new level with enhanced
localization in design, new menu and
beverage offerings that complement
the award-winning wine program,
and renewed communications and
messaging that will strengthen loyalty
with existing fans while attracting new
domestic and international travelers.

We can’t wait to
introduce PSP
travelers to the
Art of Discovery
that the
Vino Volo brand
will deliver.

Item 3A - Page 130
Discover…the unique experience
of California Wine.

Wine is, and always will be, our passion. And we know that residents and guests of Palm Springs love wine. Yet, we don’t serve wine. We serve guests…and each guest is different. Therefore, our real passion is delivering unique and individual experiences of discovery. We feature a global selection, including some of the most sought-after wines across the United States and the world, and our knowledge of each is unparalleled in the industry. Additionally, our experiences are also quite localized.

We feature wines from local, boutique, and small wineries in support of regional businesses, and are trained to discuss these selections in the same high-level and qualified manner.

From full pours to our tasting flights that allow people to try a variety of wines in relaxing and interactive settings, we ultimately engage guests differently by sharing details and history of our wines, asking for opinions and thoughts from travelers, or just plain sharing great stories.

This is what make us so unique and diverse. We enjoy authentic wine conversations that generate a connection with wine lovers or complete novices. Vino Volo will attract PSP travelers to Connect...Like no place else! 1c. Quality, Value, Efficiency
Our wine programs in each location are specifically created around that airport and the regional area. “Cookie cutter” is most certainly not part of our vocabulary as we go to extreme measures to uphold the standards that have made us the top brand in our category. These efforts make each Vino Volo experience unique, which drives loyalty as both regular and infrequent travelers seek our brand whenever possible.

Although Vino Volo is a top notch dining experience, we will offer travelers on-the-go a culinary experience with high quality Grab & Go items as they hurry to their destination.

We’ll certainly make this Palm Springs location unique as well. In addition to our recognized national wine program, we will partner with local wineries to share the great, affordable options the region and the state of California have to offer!
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1d. Sense of Place
One of the many reasons we’re so excited about the new Vino Volo is the sophisticated and welcoming design. With a combination of indoor and outdoor space, travelers will experience the mid-century modern feel that makes Palm Springs so special. We’re taking the same level of dedication and knowledge of wine, and pouring it into a design that will attract travelers to experience and enjoy the Palm Springs region and the state of California.

Premium and Innovative Cocktails
Our guests will have access to all of their favorite spirits including top shelf vodka, gin, tequila, rum, bourbon, scotch, and liqueurs. Yet, as we said, we like to be unique with our creativity and combine pure spirits with fresh, flavorful mixers to design intoxicating concoctions. And we do so with several national and local liqueurs and ingredients.

Enjoy the refreshing Strawberry Lemonade with Blinking
Owl Vodka, fresh local strawberries, mint and lemonade
shaken over ice, or a delicious Cool as a Cucumber with Modern Love Gin, basil, and lime with a splash of St. Germain or our signature and fan favorite Vino Volo Bee’s Knees made with Modern Love Gin, lemon juice, and honey shaken over ice and fished with a twist of lemon.

All made with the best distilled spirits!
For the Beer Enthusiasts
Those who enjoy a cold brew will eagerly approach Vino Volo with its sleek, modern design and its attractive selection. We have put together an amazing local lineup with great range, including Coachella Valley CDMX, Las Palmas Table Saison, La Quinta Poolside Blonde, Golden Road Mango Cart and Sierra Nevada Hazy IPA.

Although we’re now offering wine, beer, and cocktails, this Vino Volo is not your typical, run-of-the-mill airport bar.

With our carefully crafted selection, our knowledge of each offering, and our award-winning service, this new version of Vino Volo will help alter the landscape of PSP’s dining program and exceed even the lofty expectations of travelers in one of the world’s best airports.
1e. Local
What makes Vino Volo so special is that we localize the experience with the local flavors of the area. Our cocktail and food menus are uniquely crafted with Palm Springs in mind. From locally sourced ingredients to local wines and craft beer, guests of PSP and their palates will be pleased with all that VIno Volo has to offer.
1f. Speed of Service
The Vino Volo experience is not just about the food and wine. We make sure dine-in guests and those on the go have a fast and easy way offering. In addition to being served by our knowledgeable and friendly ambassadors, guests may order ahead through our Grab App with the convenience and safety of their own device.

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Vino Volo has always served delicious meals that pair well with any of the wines we serve. As the brand’s offerings and popularity continue to grow, we knew an expanded menu,
serving all day parts, was absolutely necessary. And, since we execute all our programs to the fullest degree, we’ve crafted an exemplary menu for PSP travelers to discover – morning, noon, and night – with the finest selection of freshly prepared gourmet food. As always, our menus offer vegetarian, vegan, and gluten-free selections.

Breakfast:Guests will love to stop in to savor the PSP Skillet (GF) made with oven roasted potatoes, smoked ham, melted jack and cheddar mix, pico de gallo, mushrooms and topped with cage free eggs. Travelers who prefer something traditional will enjoy The “Go To” with scrambled eggs, bacon and cheddar cheese on a Locally made bagel. If vegan is your path, the Avocado Toast with sliced radish and balsamic drizzle will absolutely cure your craving. Complement these great options with an amazing cup of coffee to start or end your day with a warm treat.

Lunch/Dinner: Lunch and dinner are equally as divine. We offer a Smoked Ham & Gruyere Sandwich or Wine Country Cobb
Salad, great options for different seasons and tastes. From our Margarita flatbread, topped with fresh, sundried tomatoes, basil, mozzarella and balsamic glaze, to our Roasted Tomato Soup (V, GF) topped with fresh basil and crème fraîche, and Charcuterie Board to compliment your favorite wine, our menu is full of creativity, healthy options, and most of all….flavor! Oh, and certainly don’t forget to try our “locally made” Cheesecake and Tiramisu! You’ll be glad you did!
To reiterate, we’ve poured as much passion and effort into our food program as we do our wine. The offerings are top notch as we wouldn’t settle for anything less, nor would our guests.

We’re excited that we’ve achieved this goal and can’t wait for PSP travelers to discover the culinary brilliance of Vino Volo.

Discover…A culinary renaissance
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There’s a reason we’ve been recognized as an 11-time recipient of AXN’s “Food Operator with the Highest Regard for Customer Service” and awarded “Best Airport Bar,” “Best Brand,” and “Best Overall Operator.” We’re also a “Retailer of the Year” nominee for nominated Wine Enthusiast magazine’s 2022 Wine Star Awards! We care deeply about our guests. That care leads us to invest heavily in our people and some of the most detailed training in the industry.

We instill a deep knowledge of wine, craft beer, and gourmet pairings in all associates through a rigorous training program. This commitment is what connects us so closely to our guests. The core of our training and development is called “Plant and Grow,” which focuses on promoting from within. Often coming from local, high-end wine and gourmet shops and wine-focused restaurants, each new employee starts as a wine associate and learns our standards on wine varietals, wine regions, wine-making techniques, laws and regulations, gourmet food preparation/pairing, and viticulture. From there, we recognize and reward quality with sales incentives such as spot and quarterly team bonuses, and fun competitions.

Discover…the passion
behind the experience
Connecting...Like No Place Else
2/3. Price List and Unique Attributes
Like pairing the right wine with a delicious entree, we are pairing the right concept with the PSP traveler, who will no doubt make this a favorite spot as we have seen new Vino Volo fans do in DFW, LAX, PHL, and IAD. The result will be an engaging, new experience for PSP travelers who will participate in our art of discovery and enjoy an undeniable wine, local craft beer and cocktail, and culinary connection with the airport.

The following menus feature our price list of exceptional food and beverage items.

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Breakfast
All Eggs are cage free.
add roasted potatoes to any plate $3
OKC Skillet* GF 15
Oven roasted potatoes with smoked ham,
jack/cheddar mix, pico de gallo, and sautéed
mushrooms, topped off with cage free eggs
add avocado $3
Quiche of the Day
13 Locally made
Avocado Toast* 13
Hand smashed avocado, sliced radish, balsamic
drizzle
Add 2 cage free eggs $3
The “Go To”* 12
Scrambled eggs, bacon, with cheddar cheese on
Locally made bagel
add avocado $3
Cheese, & Egg Croissant 12
Choice of ham, sausage, chorizo, or bacon.

Locally made
Gigantic Cinnamon Roll 7
Locally Made
Cheese & Meats
Charcuterie Board 23
Assortment of artisan meats &
cheese with dried fruit and nuts
Cured Meats 15
Selected artisan meats with whole
grain mustard and cornichons
Cheese Plate 13
3 artisanal cheeses with fruit jam and
Nuts
V=Vegetarian, VG=Vegan, GF= Gluten Free
Appetizers
Quesadilla V 9
Cheddar/jack cheese served with salsa and sour cream
in a flour tortilla
add chicken for $5
Truffle Popcorn VG, GF 6
With truffle oil and salt
Mediterranean Hummus V 11
Traditional hummus with roasted tomato, feta,
Kalamata olives, carrots, celery, and crostinis
add flatbread $4
Salads and Soups
Roasted Tomato Soup V, GF 9
With fresh basil and crème fraîche
Chicken Chili GF 11
with cilantro, tomato, jalapeno, sour cream
Burrata & Roasted Tomatoes
14 Spring greens mix, balsamic reduction and crostini
Roasted Chicken Breast Salad GF 14
Goat cheese, dried cranberries, and pumpkin seeds with
mixed greens tossed with herbed vinaigrette
Wine Country Cobb Salad GF 19
Chicken, mixed greens, chopped bacon, goat cheese, slice egg, tomato and avocado with choice of dressing on the side V=Vegetarian, VG=Vegan, GF= Gluten Free
*Consuming raw or under cooked meats, poultry, shellfish, or eggs may increase your risk of foodborne illness.

Menu
14 Item 3A - Page 135
V=Vegetarian, VG=Vegan, GF= Gluten Free
*Consuming raw or under cooked meats, poultry, shellfish, or eggs may increase your risk of foodborne illness.

Plates
Substitute gluten free bread to any sandwich for $2
Add Chips or side salad to Any Plate $3
Prime Rib French Dip Sandwich 18
Prime rib and Swiss cheese on Tuscan roll with au jus
Add peppers, mushrooms, or onions $1 each
Smoked Turkey and Avocado Sandwich 14
Lettuce, tomato, red onion and mayo, mustard on Tuscan roll add bacon $2
Ham and Gruyere Sandwich 15
Smoked ham, gruyere, and fresh greens with dijonnaise
Caprese 13
Roasted and fresh tomatoes, sliced mozzarella, and fresh basil ALTB 13
Avocado, lettuce, tomato, bacon on toasted sourdough with mayo Add Cheese $1 each
Flatbreads
Substitute gluten free bread to any flatbread for $2
Chicken-Bacon-Ranch 15
Diced chicken breast, chopped bacon, jalapeño peppers, tomato, red onions, Jack/cheddar and ranch dressing Margherita V 13
Fresh and sundried tomatoes, basil, mozzarella and balsamic glaze Sausage and Peppers 16
Chorizo, peppers, red sauce, mozzarella
Roasted Veggie 15
Caramelized onions, peppadews, artichoke, pesto, mozzarella Desserts
Cheesecake 9
With whipped cream and raspberry sauce
Locally Made
Tiramisu 13
With fresh berries and whipped cream
Locally Made
*Consuming raw or under cooked meats, poultry, shellfish, or eggs may increase your risk of foodborne illness.

V=Vegetarian, VG=Vegan, GF= Gluten Free
Ask about our Kid’s Menu
Item 3A - Page 136
SANGIOVESE Toscolo
Italy, Chianti, 2019
14 MALBEC Santa Julia
Argentina, Mendoza, El Burro, 2021
15 CARMENERE Kidia
Chile, Valle del Loncomilla, 2020
12 Taste all three 14
World Value Reds
MERLOT Emmolo
California, Napa Valley, 2019
20 RED BLEND Niner
California, Paso Robles, Bootjack, 2018
16 CABERNET SAUVIGNON Korbin Kameron
California, Sonoma Valley, 2011
19 Taste all three 18
California Kings
SAUVIGNON BLANC Miguel Torres
Chile, Central Valley, Las Mulas Reserve,
2019
14 WHITE BLEND Delas
France, Rhône, 2020
16 PINOT GRIGIO Barone Fini
Italy, Valdadige, 2020
13 Taste all three 15
Shades of White
CABERNET SAUVIGNON Silver Oak
California, Napa Valley, 2017
43 CHARDONNAY Far Niente
California, Napa Valley, 2020
30 Taste both 24
TABLE RED 12 TABLE WHITE 12
Sommelier Series

CHAMPAGNE DELAMOTTE
France, Champagne, Special Cuvee, NV
30 ROSÉ PROSECCO Col dé Salici
Italy, Prosecco Rosé, NV
15 SPARKLING BLEND Sokol Blossor
Oregon, Willamette Valley, Bluebird Cuvée,
2019
17 Taste all three 21
Celebration Sparklers
ROSÉ OF PROVENCE Domine de Cala
Provence, France, Coteaux Varois, 2021
16 GRENACHE BLANC Clementine Carter
California, Santa Barbara, 2020
21 ORANGE WHITE BLEND Tessier Winery
California, Electric Ladyland Skin Contact
Blend, 2021
17 Taste all three 18
Summer Bouquet
GRENACHE GAMAY TROUSSEAU Stolpman
Vineyards, California, Ballard Canyon, 2020
19 RED BLEND Zajc
Slovenia, Dolenjska, Full Circle, 2020
17 MONASTRELL Tarima
Spain, Organic, 2020
15 Taste all three 17
Natural Beauties
PINOT NOIR Four Graces
Oregon, Willamette Valley, 2020
18 PINOT NOIR Flowers
California, Sonoma Coast, 2021
23 PINOT NOIR Giant Steps
Australia, Yarra Valley, 2020
20 Taste all three 20
Perfect Pinots
Wine Menu
Item 3A - Page 137
Craft Cocktails, Spirits, & Brews
Cocktails
Draft BEER
VINO VOLO BEE’S KNEES
Modern Love Gin, lemon juice, honey,
Shaken over ice and finished with a
twist of lemon
17*
NORTH OF THE BORDER, EH?
Kalifornia Distilleries Bourbon and Glenfiddich 12 Scotch blended with maple syrup and chocolate bitters, finished
with grated nutmeg
18*

STRAWBERRY LEMONADE
Blinking Owl Vodka, local strawberries,
mint, and lemonade shaken over ice,
finished with mint and a strawberry slice
14*

BARRILITO OLD FASHION
Ron Del Barrilito Rum, spiced Demerara
syrup, walnut bitters with orange peel
and Luxardo cherry
20*

COOL AS A CUCUMBER
Modern Love Gin, basil, cucumber, lime
with a Splash of St Germain shaken over
ice
16*

BLOODY MARY
Vodka and house-made bloody mary
mix
16*
MIMOSA
Sparkling Wine with Orange, Grapefruit, or Cranberry Juice 14*

ROSE SANGRIA
Love Drunk Rose, 619 Vodka, Aperol,
Strawberries, Oranges, Splash of Soda
14*
Vodka
Blinking Owl house 10*
Tito’s (Gluten Free) 12
619 14*
Ciroc 15
Ketel One 11
Spirits
GIN
Modern Love house 10*
Hendrick’s 14
Aviation 14
The Botanist 15
Tequila
El Jimador 10
1800 Silver 13
Milagro Reposado 10
Patron Silver 14
Herradura Anejo 14
Whiskey/Bourbon
Kalifornia Distilleries
house
16*
Maker’s 17
Basil Hayden 17
Barrell Seagrass 25
Bulliet Rye 15
Woodford Reserve 17
Rum
Meyers 10
Ron Del Barrilito 13
Don Q 14

CANNED BEER/

SELTZERS/TO GO
Coachella Valley IPA 9
Coachella Valley Blonde
Ale
9 La Quinta Koffie Porter 11
Hanger 24 Orange Wheat 9
Ritual Brewing Extra Red 10
Ballast Point Sculpin IPA 10
Angry Orchard Hard
Apple Cider
10 Truly Wild Berry 10
Scotch
Dewars 10
Highland Park 18 25
Glenfiddich 12 year 14
Monkey Shoulder 12
old elk bourbon series
Blended Bourbon 16
Sherry Cask 20
Cognac Cask 20
Armagnac Cask 20
Port Cask 20
Try The Cask Flight 20
Coachella Valley CDMX 9
Las Palmas Table Saison 10
La Quinta Poolside Blonde 10
Golden Road Mango Cart 10
Sierra Nevada Hazy IPA 9
Item 3A - Page 138
F&B 4 - 6,046 SQ. FT.

Big on Flavor, Fast on Service
What do passengers need? Simple…an enjoyable experience, a high-quality meal, and speed of service. Welcome to El Mirasol! Since 1985, El Mirasol Cocina Mexicana has built a reputation for consistently serving hot plates of artfully prepared Mexican regional cuisine and tangy flavorful
margaritas with a singular focus on wholesome fresh food.

El Mirasol means “The Sunflower” and
we think that perfectly reflects
the experience of a world-class
destination that is Palm Springs -
sunny, bright, and brings a smile
to your face. Guests are in for a
treat when they choose to stop
in for amazing food and a stellar
experience!
1a. Store Name, Concept & Theme
El Mirasol
Mexican Restaurant
Big on Flavor, Fast on Service
1b. Rationale
Taco Tuesday!
With 82 percent of
consumers liking or loving it,
Mexican food comes second
only to Italian food!
Item 3A - Page 139
Cocina Mexicana
Since 1985
Palm Springs, CA
“What do you want for dinner?” is probably the most often repeated line in America these days. No matter what, you gotta eat, and one of the top choices these days is Mexican food. And, today’s Mexican cuisine here in the States isn’t what it used to be. Chefs have elevated the simple taco shell, meat, and cheese borrowing from the varied flavors and spices, ingredients, and colors of traditional Mexican fair, and it’s endlessly customizable.

Whether you’re looking for a quick bite or a full meal, El Mirasol offers spectacular flavors from the creative culinary mind of founder and Head Chef Felipe Castañeda and his wife Lisbet! CELEBRATED, ELEVATED Mexican Cuisine
1c. Quality, Value, and Time
El Mirasol is a bright, colorful dose of fun where travelers can stop in for a quick bite of richly flavored dishes and cold refreshing beverages. All the favorites are on deck - chips & guac, burritos, tacos, nachos, enchiladas, flautas and more! For breakfast we have breakfast burritos, Chilaquiles con Huevos, and Fruta fresca made with mixed seasonal fruit with salt, lime juice and Chile dust with plain Greek yogurt to start your day off right!
We’ve got everyone covered with kid-friendly menu items, and for the kids at heart we’ve got frozen margaritas made fresh daily or choose from a lively selection of ready-to-drink cervezas to wash it all down. El Mirasol delivers an extremely popular menu in an enticing atmosphere with the fast, first-class service travelers are expecting. We’re not meeting passenger needs…we’re far exceeding them! With the rapid growth of PSP comes an increase in passenger traffic. Speed and accessibility will be key components for the emergence of the courtyard area with its open-air footprint. Therefore, we’re elevating quick service dining with modern conveniences where El Mirasol connects culture and cuisine with influences from the city’s retro-chic vibe. This open concept offers indoor and outdoor dining areas where travelers can relax and recharge while enjoying expansive views of the courtyard’s natural beauty.

Item 3A - Page 140
1f. Speed of Services
El Marisol offers travelers the option to choose a quick, but delicious option before they head to their hotel in Palm Springs or home from a worldclass vacation. And let’s not forget the airport and airline employees! They’ll appreciate our menu options for a delicious meal on their lunch break. Our customers will have the option of receiving counter service with one of our ambassadors, or conveniently ordering ahead on their mobile device through our Grab app. El Marisol is full-service restaurant shrunk down into a quick serve jam-packed with flavor and experience! It’s fuel for the road ahead! 2/3. Price List and Unique Attributes
The following pages provide our menu offerings including all day parts and a selection of ready to drink beers and frozen margaritas packed full of flavors to excite and entice the traveler. You’ll definitely want to pair the Carne Asada with the Cadillac Margarita. A classic paring! The Carne Asada is a Mexican-style, thin cut beef steak seasoned, broiled, and served with guacamole and the margarita made with 1800 Reposed tequila, orange liqueur, sweet and sour mix, fresh lime juice, and a float of Grand Marnier.

If you’re here early you shouldn’t skip the Fruta fresca - mixed seasonal fruit with salt, lime juice and Chile dust with plain Greek yogurt. Or, if you’ve got an early start to your day, fill up on the Mexican Breakfast Burrito filled to the edges with eggs, chorizo, potatoes, and Monterey Jack cheese with sour cream on the side.

Connecting Culture & Cuisine
1d/e. Sense of Place and Local Attributes
Chef Felipe and Lisbet Castañeda are natives of the small town of Tepechitlan, which lies about three hours north of Guadalajara and borders Jalisco’s famous Tequila region. Felipe’s father taught him to prepare fresh foods with quality ingredients and he took it to heart. Every single recipe is has been passed down through his family, and he’s committed to keeping the tradition alive.

Since immigrating to the US in 1985, Felipe and Lisbet have grown their first tiny El Mirasol Cocina Mexicana (now El Mirasol South) into two busy Palm Springs locations: El Mirasol South and El Mirasol at the Los Arboles Hotel.

Their original restaurant is now a landmark in Palm Springs drawing hundreds of visitors each year. Its bustling atmosphere, small bar, and patios have become one of THE places to connect over a good meal, tons of laughs, and delicious margaritas! Felipe says he was drawn to Palm Springs’ warm temperatures and welcoming people and there’s no other place he’d rather be.

And, as he embarks with us on a new adventure to bring El Marisol into PSP, he can’t wait to share that warmth and love for his city with visitors from around the world!
“We are proud
to be part of the
Palm Springs
community and
welcome with
open arms into
our space.

I’m in debt to each
and every one
of our residents
for giving me the
opportunity to
build my business,
to raise my
children and to
enjoy life in this
paradise.”
-Felipe
Item 3A - Page 141
BREAKFAST (served daily until 11am)
Appetizers
Especialdades de la Casa
(served with rice and beans)
¡Buenos Días, Good Morning!
Mexican Breakfast Burrito 11.95
Eggs, chorizo, potatoes, and Monterey Jack
cheese with sour cream on the side.

Huevos a la Mexicana 11.95
Eggs scrambled with onions, tomatoes and
jalapeños. Served with beans and tortillas.

Chilaquiles con Huevos 11.95
Two eggs any style and refried beans
With Chorizo add $3.50
2 Eggs any style 9.25
Served with hash browns and toast, beans, or
tortillas.
2 Eggs with Bacon or Sausage 12.95
Served with hash browns or beans, toast
or tortillas.

Fruta fresca 6.75
Mixed seasonal fruit with salt, lime juice and
Chile dust with plain Greek yogurt
Guacamole and Chips 8.75
Chunks of fresh Hass avocado hand blended
with chopped tomatoes, scallions and cilantro.

Nachos 11.25
A classic one. Beans, salsa roja, Monterey
Jackcheese, pico de gallo. With chicken add $4
Two Chicken Flautas 15.95
With guacamole y crema
Burrito 15.95
Chicken, pork chile verde, or beef chile rojo
Burrito or Quesadilla Vegetariana 15.25
Roasted broccoli, spinach, tomatoes, onions, bell
pepper,scallions, fresh garlic, salsa verde on the burrito and Monterey Jack cheese.

Chicken Picado 16.95
Slices of tender chicken sautéed in olive oil, fresh
pressed garlic and roasted bell peppers, onions, and
tomatoes. Like it hot?
It can be prepared Doña Diabla’s style add 1.00 GF
Carne Asada 18.95
A classic one! Mexican style, thin cut beef steak
seasoned, broiled and served with guacamole. GF
Taco y Enchilada 13.25
Two Hard Shell Tacos $13.25
Two Soft Shell Tacos $14.95
Two Cheese Enchiladas $12.95
With pork, beef or chicken add $3.00
Fountain Soda 3.50Iced Tea 3.50Hot Tea 3.50
Hot Chocolate 3.50Coffee 2.89
Margaritas
Cerveza
7 Modelo
Especial
Negro Modelo
Pacifica
Tecate
Bohemia
Corona
Dos XX
DE LA CASA MARGARITA 15
Our famous 25 year old recipe and still
rocking!
CADILLAC MARGARITA 18
1800 Reposed tequila, orange liqueur,
sweet and sour mix, fresh lime juice, and
a float of Grand Marnier
SKINNY MARGARITA 17
A guilt-free margarita made with Jose
Cuervo traditional silver, triple sec, fresh
lime juice, and splash of club soda.

Classic 17
Ever popular refreshing Strawberry or
Mango margaritas
Soda Y Café
Item 3A - Page 142 Cocina Mexicana Since 1985 Palm Springs, CA Item 3A - Page 143
Paradies lagardere TRAVEL RETAIL
September 12, 2022
El Mirasol Regional Cuisines of Mexico
140 South Palm Canyon Drive
Palm Springs, CA 92264
Attn: Felipe Castaneda, President
Re: Letter of Authorization issued by El Mirasol Regional Cuisines of Mexico to HDS Retail North America LLC d/b/n Paradics Lagardere Travel Retail ("Paradies") for Palm Springs International Airport
Dear Mr. Castaneda:

It gives us great pleasure to provide this letter of authorization (the "LOA") for your signature, whereby El Mirasol Regional Cuisines of Mexico authorizes Paradies (and any affiliate fonned for the purpose of submitting a proposal) to use the names and logos of the El Mirasol concept, together with all related trademarks, logos, insignias and other indicia (the "Marks") in the development and operation of one or more food & beverage facilities to be operated by us at the Palm Springs International Airport (the "Airport"), assuming we are awarded contracts and the concession spaces where we intend to offer this concept. You authorize us to use the Marks in our proposals to the Airport's administrative staff and government officials, and you agree not to allow the Marks to appear in any proposals other than Paradies.

Assuming you agree with the terms of this LOA, please sign it where indicated below and return one copy to Paradies.

Sincerely,
HDS Retail North America LLC
By: Claude Guillaume
Title: Senior Vice President - Dining
Accepted and Agreed to as of 09 / \ i . 2022 I
El Mirasol Regional Cuisines of Mexico
~: .. =1~L; c;;:: ~ -1
Its: ~.el 1re6s-fd~
Experience new hon;,ons, every day
Main Office: 2849 Paces Ferry Road • Overlook I, 4" Floor • Atlanta, Georgia 30339 • T 404-344-7905 F&B 4 - 6,046 sq. ft.

If you love PSP Coffee House already, you're going to love what we've done with our brand partner, Coachella Valley Coffee Co. for the next generation of PSP Airport food and beverage! We are thrilled to continue our exceptional partnership with Cliff Young - Roastmaster Extraordinaire - for the new Coachella Valley Coffee Co. that will have travelers and airport/airline staff jumping for joy that their favorite coffee is waiting when their flight arrives or before their shift! Someone once said, "Never underestimate the importance of being properly caffeinated." They also said "I need a cup of coffee. And then another three." We can't blame them either, coffee can begin and end your day and one of the best coffees to do just that is Coachella Valley Coffee Co.'s roasts. The quality is supreme and the price is just right to make sure you've got plenty of caffeine and "dough" for your trip. When it comes to speed, it's important to stop and savor each drop, but don't worry about missing your flight as the coffee brews. We're supremely aware of boarding schedules and will make sure you get there with plenty of time to enjoy your cup of joe and snack before the gate door clicks shut.

Connecting with Customers and
the Community through Coffee
Sip and Savor
1a. Name, Concept, and Theme
Coachella Valley Coffee Co.

Coffee Shop
Sip and Savor
1b. Rationale
1c. Quality, Value, and Time
Cliff Young, Founder,
Coachella Valley Coffee Co.

Item 3A - Page 144
Small ~~ Batch Art1sana . I Coffee Roasting
Coachella's Community
Since their first trip to a coffee farm in Nicaragua
back in 1999, Coachella Valley Coffee has strove
to build one-on-one relationship with each coffee
farmer and their local community, including
schools with new computer systems, uniforms
for all the kids and salaries for the staff and they
continue to support because they believe “it is
absolutely the right thing to do”.

The started their FtC program to ensure that a
portion of each sale makes it all the way back to
the farmers providing the high-quality beans. Their
goal is to keep the farmer in business and improve
their lives as well and communities.

Cliff and his team stay in constant
contact with the farmers they
buy from all over the world,
visiting each farm every two
years to discuss strategies for the
coming harvests. Their Farm to
Cup program is not just a way of
saying that they negotiated the
price directly with the farmer, but
it’s also their way of saying “this
coffee farmer is in it for the long
run, and we are as well”.

FARM to CUP Program (FtC)
1d/e. Sense of Place and Local Attributes
Every Friday morning at the roastery in the
Coachella Valley, Cliff and his team brew a few
selections of their latest roasts to sip & savor. "Even after 27 years in the coffee business we still marvel
at the wonderful sensations a great cup of coffee
provides. It is this morning ritual that reminds us
of the importance of our work and the way our
product touches others." It's this dedication to
coffee and people that drew us to Cliff in the first
place. And, it's the same reason that we know this
concept will uniquely and genuinely connect with
guests of all kinds. Those who are from Coachella
Valley will recognize it instantly, and those from out
of town appreciate what goes into each cup.

Item 3A - Page 145
Scot F. Verlned Buy1=r
Coachella Valley Coffee Rocks l
Dude, You've got the Best damn coffee around. And lake it from me a coffee junkie it Rocks 1 Customer service is paramount to us and so we have created an environment where we can make a difference in travelers' days and have fun while doing it! We aim to raise the level of what people should expect from their coffee one Americano, latte, or shot of espresso at a time. Like we said earlier We're supremely aware of boarding schedules and "coffee" breaks for airport and airline staff so we're quick on the draw when it comes to pulling espresso or mixing a smoothie. We want customers to know that they won't stand in a long line or have a lengthy wait for their order. Our menu is based on quality and speed and we aim to serve up delicious faire as quickly as possible!

WHAT'S A COFFEE SHOP
WITHOUT CUSTOMERS?
"Great coffee is
our mission, our
craft & our passion.

We aim to raise the
level of what people
should expect from
their coffee."
1f. Speed of Services
2/3. Price List and Unique Attributes
The following pages provide our menu covering all coffee shop essentials and in-demand products to excite and entice the traveler. Here are some of our favorites!
Start your day off right with a Nitro Cold
Brew or a Strawberry Mango Smoothie
with an added shot of antioxidants to
refresh yourself in the hot summer
months. Both pair amazingly well with a
slice of lemon cake or a yogurt parfait.

If you're in the mood for something a
little hardier, our sausage, egg, and
cheese breakfast sandwich served on
English muffins will keep you powered
up for hours.

For lunch, pick up a Chicken Pesto Panini and a Skinny Vanilla Latte. So tasty and so good for keeping up with your reducedsugar eating plan. If you're stopping in at the end of the day you'll want a creamy cappuccino to round out your night or maybe a double shot of espresso if your evening plans have you hitting the town!
Item 3A - Page 146
-Wanded
-l-o me l
M L
Coffee of the Day: Hot- Cold 3.29 3.99
Latte 4.99 5.49
Cappuccino 4.99 5.49
Americano 3.99 4.99
Nitro Cold Brew 4.79 4.99
Nitro Iced Tea 4.79 4.99
Traditional
M L
Coffee of the Day: Hot- Cold 3.29 3.99
Latte 4.99 5.49
Cappuccino 4.99 5.49
Americano 3.99 4.99
Nitro Cold Brew 4.79 4.99
Nitro Iced Tea 4.79 4.99
Specialty Lattes
Espresso
Single - 3.99
Double - 3.89
Triple - 4.09
Item 3A - Page 147
Small Batch Artlsanal Coffee Roasting
M L
Brewed Hot Tea 3.29 3.99
Iced Tea 4.99 5.49

5.19 5.49
Tea
M L
Hot Chocolate & Steamer
with Flavoring 3.29 3.99
Hazelnut Crème
Hazelnut & White Mocha

4.99 5.49
Flavorings $0.90
Vanilla, Mocha, White Mocha, Caramel,
Passionfruit, Hazelnut, Classic, Dragon Fruit,
Pomegranate, Blood Orange, Sugar Free Vanilla,
Peach, Lavender, Raspberry, Matcha, Chai
Alternative Milks $1.00
Oat Milk, Coconut Milk, Soy Milk, Almond Milk
Specialty Drinks
Strawberry | Mango | Strawberry Mango
Chocolate Peanut Butter | Piña Colada
Smoothies M 6.49 | L 7.49
Boosters $0.90 each
Antioxidant, Fat Burner, Whey Protein, Energy
Chai Tea Latte
Item 3A - Page 148
Bagel with Cream Cheese 4.69
Banana Nut Muffin or Blueberry Muffin 4.99
Blueberry Scone 4.99
Cheese Danish 4.99
Butter or Chocolate Croissant 4.99
Chocolate Chip or Oatmeal | Cinnamon Raisin Cookie 4.29 Cinnamon Crumb Coffee Cake 4.99
Lemon Cake 4.99
Fruit Cup 7.69
Yogurt Parfait 7.99
Breakfast
Sandwiches

12.99 Turkey & Cheddar on Wheat
Smoked Turkey w/Swiss
Ham & Cheddar on Jalapeño Bread
Breakfast
Sandwiches
served on an English muffin

7.99 Bacon, Egg & Cheese
Sausage, Egg & Cheese
Spinach, Egg & Cheese
Paninis

13.99 Chicken Pesto
Buffalo Chicken
Salads

12.99 Chicken Caesar
Cobb
Wraps

11.99 Veggie
Chicken Buffalo
Turkey BLT
Item 3A - Page 149
Item 3A - Page 150
Paradies laggffltrs
August 24, 2022
Eat Drink Laugh & Learn, LLC
dlb'a Coachella Valley Coffee
-l0l West Radio Rd .. #8-15
Palm Springs, CA 92262
Attn: Cliff Young, Owner
Re: Letter of Authori:zation issued by Eat Drink Laugh & Learn, LLC d/b/a Coachella Valley Coffee to HDS Retail North America LLC d/b/a Paradies Lagardere Travel Retail ("Paradies") for Palm Springs International Airport Dear Mr. Young:

It gives us great pleasure to provide this letter of authorization (the "LOA") for your signature, whereby Eat Drink Laugh &b Learn, LLC authorizes Paradies (and any affiliate formed for the purpose of submitting a proposal) to use the names and logos of the Coachella Valley Coffee concept, together with all related trademarks. logos. insignias and other indicia (the "Marks") in the development and operation of one or more food & beverage facilities to be operated by us at the Palm Springs International Airport (the .. Airport"). assuming we are awarded contracts and the concession spaces where we intend to offer this concept. You authorize us to use the Marks in our proposals to the Airport's administrative staff and go,·emment officials. and you agree not to allow the Marks to appear in any proposals other than Paradies.

Assuming you agree with the terms of this LOA, please sign it where indicated below and return one copy to Paradies.

Sincerely,
HDS Retail North America LLC
~-
By: Claude Guillaume
Title: Senior Vice President - Dining
Accepted and Agreed to as of ~ .. .J .lf', 2022
Eat Drink Laugh& Learn, LLC
By ~ I]~ Name:
fts:

C.,1 , /1-~ {3 ~ ::J
(.),.....JA~(
Experience new l1orizons, every day.

Main Office 2849 Pacea Forry Road• Ovorlook I, 4111 Floor• Atlante, Georgl• 30330 •'r F&B 5 - 1,959 SQ. FT.

WHERE PALM SPRINGS EATS
1a. Name, Concept, and Theme
TRIO
Restaurant and Bar
Where Palm Springs Eats
1b. Rationale
TRIO is a gathering place. It's where friends and
family come together to enjoy a delicious meal
and catch up over cocktails. As TRIO moves into
PSP, we know its going to have the same effect,
giving travelers a place to relax and enjoy a meal
and drinks during layovers or as a favorite place to
pop in before they fly out.

CONNECTING WITH FRIENDS
Over the last 12 years,
we have brought people
together with exceptional
service and timeliness
dishes. I want to
personally convey our
sincere appreciation
for the neighborhood’s
continued support
– Trio is truly “where
Palm Springs eats.”
I invite you to hang out
with the locals
– see you at Trio!
- Tony
Tony Marchese - Founder and Owner
Item 3A - Page 151
You can’t connect to Palm Springs better than TRIO.

Since 2009, TRIO has served up timeless, flavorful
dishes and warm, generous service to Palm Springs
residents and visitors alike – both beloved by locals
and a must-try for travelers! TRIO’s menu, inspired by
owner Tony Marchese’s family heritage and Chicago
childhood, is equal parts nourishing and indulgent,
designed to express love for Palm Springs and all who
join us in this beautiful place.

Tony Marchese fell in love with Palm Springs the first
time he laid eyes on it, and that love remains as strong to this day. With TRIO, he expresses his love through
delicious, classic cuisine that bears TRIO’s signature
dishes, served with welcoming warmth that makes you
feel right at home in the heart of Palm Springs, and
through his tireless efforts to give back to the Palm
Springs community.
1d/e. Sense of Place and Local Attributes
1c. Quality, Value, and Time
1f. Speed of Services
We've worked with TRIO's Head Chef Phillip Martin to
develop a menu specifically for PSP travelers that will be synonymous with an elevated yet approachable
dining experience. Travelers passing through PSP
will take one look at our menu and know that this is
somewhere special. The service will be top notch and
the food served quickly with a friendly smile. When
they tell their friends and family to visit next time
they fly in we'll be ready with juicy burgers, colorful cocktails, and our famous flat breads that will keep
them full and satisfied while leaving room in the
budget for another trip to Palm Springs in the future!
When dining at an airport there's one
thing customers value more than
anything and that's a quick bite to eat.

That doesn't mean they're willing to
settle for a less-than-excellent meal, they
just want it to come quickly so they can
make their flight. We worked closely
with Tony and Chef Phillip to design a
TRIO menu that is includes all of the fan
favorites from the street location, but are
quick to execute and get to the table.

We aim to raise the level of what people
should expect from dining at an airport.

Head Chef Phillip Martin
Item 3A - Page 152
The menu provide in the coming pages covers all day parts to excite and entice the traveler. Here are some of our favorites! We use the freshest, premium ingredients, many sourced locally, and combine them in unique and unexpected ways! Everything— from the Chorizo Chilaquiles for breakfast to the Canyon Creek Local Mushroom Medley Flat Bread for lunch to the Blackened Salmon Salad for dinner —is designed to dazzle all preferences.

TRIO is a satisfying family friendly restaurant like no other. It’s the perfect “fuel for the road ahead” to energize today’s air travelers, airport staff, and airline employees headed out to destinations unknown from PSP.

TRIO also satisfies typical hunger pangs with options
such as the decadent French Dip with horseradish
cream, caramelized onions, swiss, and au jus served
with a side of crispy fries. Honestly, the TRIO Mac
N Cheese topped with bacon, tomatoes, and
breadcrumbs will have you calling home to ask Mom
to make it this way from now on. Morning options
include the Early Bird Burger, Chicken N Waffles,
and Smoked Salmon Toast that will have broad
appeal among a variety of travelers. Whether they're
are adhering to specific healthy dietary plans or
indulging occasional cravings, TRIO has a choice that
celebrates the path they’re on.

Satisfy Your
Tastebuds!
2/3. Price List and Unique Attributes
Item 3A - Page 153
...when you're at the airport that is! Morning,
Noon, and Night TRIO is ready to sweeten
your day and give you a chance to celebrate!
We've got the classics like a Negroni, Classic
TRIO Manhattan, and a Moscow Mule. But it
doesn't stop there. Try an Uptown Lemonade,
a TRIOTINI, or a P.H.A.T (Pretty, Hot, &
Tempting) if you want to spice things up a bit.

Every Hour is Cocktail Hour
When it's hot outside, nothing is quite as
refreshing as an ice cold beer. We've got all the
faves on tap like Bud Light, Corona, and Stella
Artrois, but since we're all about variety, we've
also got a Palm Sway IPA, a Peanut Butter
Chocolate Milk Stout, a Allagash White, and
many more. For those seeking local beers
We'll have a rotating local draft selection!
What's On Tap
For those who are not interested in alcohol
but still wants to CHEERS with their friends,
TRIO offers Zero Proof Cocktails like the Island
Vibez made with blood orange, passions fruit,
pomegranate, and coconut water, specialty
sodas and waters, and the all important espresso
for an after dinner treat.
"Zero" Proof
Item 3A - Page 154
EGGS BENEDICT | 18
Choice of Smoked Salmon or Ham | Poached Eggs |
Hollandaise | Breakfast Potatoes
BREAKFAST MUFFIN SANDWICH | 17
Bacon| Scrambled Eggs | Hollandaise | Breakfast Potatoes 2 EGGS ANY STYLE | 16
Choice of Eggs Any Style | Bacon or Sausage | Breakfast Potatoes
CHORIZO CHILAQUILES | 17
Red Enchilada Sauce | Corn Tortillas | Sliced Olives | Cotija | Fried Egg
EARLY BIRD BURGER | 20
Choice of Beef or Impossible Patty | Garlic Aioli | Tomato | Pickles | Lettuce | Sunny Side Up Egg | Cheddar | Fries or Fruit
SMOKED SALMON TOAST | 20
Sourdough Toast | Avocado | Citrus Sour Cream | Crispy
Capers | Pickled Red Onions
CHICKEN N WAFFLES | 25
2 Waffles | Maple Butter | Simple Salad

FULL MENU

BREAKFAST
SIDES
DINNER SALAD 🌱🌱 10
cherry tomato | cucumber | balsamic
FRIES 🥛🥛 8
sweet potato or regular potato
HOUSEMADE POTATO CHIPS 8
chipotle ranch dip
GRILLED CHICKEN BREAST | 10
ATLANTIC SALMON | 14
Executive Chef Phillip Martin
LEGEND
Consuming Raw or undercooked meats, poultry seafood, Shellfish, or eggs may increase your risk or foodborne illness.

FLAT BREADS
MARGHERITA | 18
oven roasted tomato | marinara | mozzarella | basil
CANYON CREEK LOCAL MUSHROOM MEDLEY | 19
mozzarella | wild mushrooms | truffle oil
PROSCUITTO & ARUGULA | 19
marinara | mozzarella | oregano
TRIO CHEESE | 17
marinara | mozzarella | parmesan | asiago

ENTREES
FRENCH DIP | 19
Horseradish Cream | Caramelized Onions | Swiss Cheese | Au Jus | Fries
GRILLED CHICKEN PANINI | 18
Sourdough |Pesto Aioli | Tomato | Avocado | Bacon| Arugula | Fries
BLACKENED SALMON SALAD | 27
Quinoa | Cherry Tomato | Cucumber | Meyer Lemon | Yogurt | Asparagus
WILD MUSHROOM FETTUCINE | 25
canyon creek mushrooms | cream |
parmesan | parsley
CREAMY TUSCAN SALMON 🚫🚫 | 34
creamed spinach | artichoke | roasted
tomato | potato
TONY’S RIGATONI | 26
Fulvio’s sausage | marinara | burrata |
basil
PHILLY PHIL BURGER | 25
brioche bun | tomato | mushrooms | fries |
lettuce | garlic aioli | swiss cheese | chopped steak
(substitute impossible patty per request)
GRILLED CHICKEN COBB SALAD | 19
Avocado | Blue Cheese | Cherry Tomato | Cucumber | Red
Onion | Chicken| Bacon | Soft Boiled Egg | Iceberg Lettuce | Creamy Dressing
COACHELLA VALLEY DATES (6) | 15
Aziz Farms medjool dates | bacon wrapped | roasted dill jalapeno aioli | arugula
FRIED CALAMARI 🥛🥛 | 18
sweet chili garlic sauce | lemon
WEDGE SALAD 🚫🚫 | 15
Pt. Reyes blue cheese dressing | bacon | tomato |
red onion
SEAFOOD CEVICHE 🚫🚫 🥛🥛 | 17
white fish | shrimp | tomato | onion | avocado | cilantro | lime | corn | tortilla chips
CRISPY CASAER SALAD | 14
romaine | shaved parmesan | house made dressing |
croutons | white anchovies
TRIO MAC N CHEESE | 12
bacon | tomato | breadcrumb | 3 cheese
SIMPLE SALAD | 10
Arugula | Olive Oil | Sea Salt

STARTERS
🌱🌱 Vegan
🥛🥛 Dairy Free
🚫🚫 Gluten Free
Item 3A - Page 155
r
I I
NEGRONI | $17 Monkey 47 Gin | Campari | Sweet Vermouth
GOLD RUSH | $16 High West American Praire Bourbon | Fresh Lemon | Honey TEXAS MULE | $16 Jim Beam Bourbon | Lime Juice | Ginger Beer | Angostura Bitters SEASONAL FRUIT MARGARITA | $16 Avion Silver Tequila | Triple Sec | Lime Juice | Seasonal Fruit PALOMA | $16 Hornitos Tequila | Aperol | Lime Juice | Grapefruit Juice | Agave | Salt
FLOWER SOUR | $17 Local Modern Love Gin | Egg Whites | Saint Germain | Lemon | Hibiscus Lavender Syrup
CLASSIC TRIO MANHATTAN | $18 Makers Mark | Sweet Vermouth | Bitters MOSCOW MULE | $16 Elyx Vodka | Lime Juice | Ginger Beer | Angostura Bitters SEASONAL CAIPIRINHA | $16 Leblon Cachaça | Muddled Lime | Simple Syrup | Raspberries CLASSIC VESPER | $18 Local Modern Love Vodka | Modern Love Gin | Lillet Blanc

CLASSIC COCKTAILS
FOREVER MARILYN | $16 Skyy Strawberry Vodka | Lemon Juice | Strawberry Purée PSP | $16 Effen Vodka | Pur Pear Liqueur | Fresh Lemon Juice BLUE HAWAII | $16 Absolut Vodka | Bacardi Rum | Blue Curacao | Pineapple Juice | Sweet and Sour Mix
UPTOWN LEMONADE | $16 Jim Beam Rye Whiskey | Ginger Liqueur | Honey | Simple Syrup | Topped with Lemonade
TRIO OLD FASHIONED | $18 Nine Banded Small Batch Bourbon ( Texas ) | Amarena Cherry Juice | Orange Bitters
TRIOTINI | $16 Effen Cucumber Vodka | Lime Juice | Agave | Muddled Cucumber & Basil
P.H.A.T. (PRETTY, HOT & TEMPTING) | $16 Bruxo Mezcal | Campari | Orgeat | Jalapeño Infused Tequila | Watermelon Liqueur | Lemon Juice | Tajin
COMING UP ROSES | $16 Ketel One Grapefruit Rose Vodka | Aperol | Lemon Juice | Agave | Green Chartreuse | Gilbey’s Gin | Grapefruit Juice
BUDDHA'S ONLY SIN | $16 Absolute Citron Vodka | Orgeat Syrup | Fresh Lemon Juice RED BULL TROPICAL 818 TEQUILA $18
Tropical red bull, 818 Tequila, Orange juice, Lime juice

SPECIALTY COCKTAILS

FULL MENU
TRIO WHITE SANGRIA | $12
Italian White Wine | Dipadrino Vermouth | Peach
Schnapps | Fresh Fruit
TRIO RED SANGRIA | $12
California Pinot Noir | Italian Rosso Vermouth | St.

Croix Rum | Amaretto | Fresh Fruit

SANGRIA
ISLAND VIBEZ | $8 Blood Orange | Passion Fruit | Pomegranate | Lime Juice | Coconut Water | Salted Coconut Syrup
THE MOTHERLAND | $8 Pineapple Juice | Lemon Juice | Ginger Beer | Rooibos Chai Syrup NIGHT RIDER | $8 Chilled Double Espresso (Regular or Decaf) | Orgeat | Almond Milk | Mint | Aztec Chocolate Bitters | Nutmeg
PEACHALICIOUS | $8 Bundaberg Peach Juice | Salted Coconut Purée Grenadine | Lime Juice
ZERO – PROOF COCKTAILS
HANK’S GOURMET BEVERAGES | $6 Choice of Premium Root Beer, Orange Cream or Black Cherry VOSS STILL WATER | $7
VOSS SPARKLING WATER | $7
OLD SCHOOL | $5 12oz Bottle of Orange Crush
FENTIMAN'S BOTANICALLY BREWED | $6 Curiosity Cola or Cherry Cola RED BULL $7
Red bull Regular, Sugar free, Tropical, Watermelon

SPECIALTY SODAS & WATER
SINGLE SHOT ESPRESSO | $4
CAFE AMERICANO | $6
DOUBLE SHOT ESPRESSO | $6
CAPPUCINO | $6
BREWED COFFEE | $5

ESPRESSO & COFFEE
BUD LIGHT | $6 Lager
BUDWEISER | $6 Lager
CORONA $7
Mexican Lager
MICHELOB ULTRA | $6 Lager
BECK’S N.A. | $6 Low Alcohol
STELLA ARTOIS | $7 Euro Pale Lager
SEASONAL CIDER | $6 Cider
STELLER | $8
ABV 6.5% - North Coast Brewery - Fort Bragg, CA
PEANUT BUTTER CHOCOLATE MILK STOUT | $8
ABV 5.6% – Lost Coast Brewery, Eureka, CA
ALLAGASH WHITE | $8
Belgian Style Wheat Beer ABV 5.2% – Allagash Brewing Company Portland, Maine
PALM SWAY IPA | $10

6.5% ABV – Coronado Brewing Co. Torrance, CA
PERONI PALE ALE | $8

5.1% ABV – Peroni Brewery, Vigevano, Italy
PAULANER HEFEWEIZEN. | $8

5.5% ABV – Paulaner Brauerei., Germany

BEER (BOTTLED)

ROTATING LOCAL DRAFTS
There are so many great beers out there we
want to be able to provide the freshest,
rarest and most delicious beers to our
guests. Ask about our current draft list!
Item 3A - Page 156
Item 3A - Page 157
Paradies lagardere TRAVEL RETAIL
July 1, 2022
Trio VanMarc Inc. d/b/a Trio Restaurant
707 N. Palm Canyon
Palm Springs, CA 92262
Attn: Anthony J. Marchese, President
Re: Letter of Authorization issued by Trio VanMarc Inc. d/b/a Trio Restaurant to HDS Retail North America LLC d/b/a Paradies Lagardere Travel Retail ("Paradies") for Palm Springs International Airport
Dear Mr. Marchese:

It gives us great pleasure to provide this letter of authorization (the "LOA") for your signature, whereby Trio VanMarc Inc. authorizes Paradies (and any affiliate formed for the purpose of submitting a proposal) to use the names and logos of the Trio Restauranty concept, together with all related trademarks, logos, insignias and other indicia (the "Marks") in the development and operation of one or more food & beverage facilities to be operated by us at the Palm Springs International Airport (the "Airport"), assuming we are awarded contracts and the concession spaces where we intend to offer this concept. You authorize us to use the Marks in our proposals to the Airport's administrative staff and government officials, and you agree not to allow the Marks to appear in any proposals other than Paradies.

Assuming you agree with the terms of this LOA, please sign it where indicated below and return one copy to Paradies.

Sincerely,
HDS Retail North America LLC
By: Claude Guillaume
Title: Senior Vice President - Dining
Accepted and Agreed to as of Jv)'::( \ 9 , 2022
By:

Name:

Its:

Experience new horizons, every day.

Main Office: 2849 Paces Ferry Road• Overlook I, 4th Floor• Atlanta, Georgia 30339 • T 404-344-7905 1a. Name, Concept & Theme
Half Moon Empanadas
Food and Beverage Kiosk

FRESH & AUTHENTIC HANDMADE EMPANADAS
1b. Rationale for Selecting Concept

FUN & AFFORDABLE SNACK
Half Moon Empanadas is a trailblazing
phenomenon. Half Moon’s authentic
Latin-inspired turnovers are quick,
convenient, portable, and generate high
levels of revenue and value.

Healthy, easy to travel snacks have
international appeal. As the bestselling snack
at Miami International Airport, Half Moon
Empanadas’ sales outperform national airport
mainstays such as Nathan’s Famous Hot Dogs,
Starbucks, and McDonald’s on a dollar-persquare-foot basis. Offering fresh, high quality, easy grab and go snacks and beverages, Half
Moon Empanadas is the perfect temporary
solution and will be a hit among a diverse
group of PSP travelers and airport staff alike.

F&B 5 - Kiosk
1c. Quality, Value & Time Efficiency

HANDCRAFTED NATURAL GOODNESS
Half Moon crafts its artisanal empanadas from scratch, using only premium ingredients. Everything Half Moon sells is made fresh - never frozen - and is baked, a healthier alternative to typical fried empanadas. Satisfying all day parts, the menu includes sweet and savory options such as dulce de leche, guava and cheese, and banana split. Protein options include beef, chicken, three cheeses, pulled pork, bacon, egg, and cheese, and ham and cheese.

High quality, affordable, and easy grab-and-go are the perfect descriptions for this delicious, artisanal snack.

Item 3A - Page 158

HALF MOON SENSATION
Launched in 2008 after years of research and development, Half Moon Empanadas was founded by native Mexican Pilar Guzman Zavala and Argentina-born Juan Zavala. Their ambition was to spread delicious hand-held empanada satisfaction across the country, creating a takeout culture that rivaled burgers and pizza.
1d. Sense of Place
Although the food is the star of the show,
the modern, contemporary design will entice
passersby to see what Half Moon is all about!
The architectural attributes of this temporary
space are eye catching and complementary to
the airport’s overall design aesthetic. We make
every effort to ensure this concept meets PSP’s
needs while appealing to the unique vibe that
makes Palm Springs so special.
1e. Local Attributes
Spreading hand-held satisfaction across the
country, Half Moon offers a great selection of
sweet and savory empanadas for all to enjoy.
1f. Speed of Service
Empanadas are the ideal food for travelers with
moments to spare! As a quick serve, portable
option, Half Moon is the perfect selection to
meet the demands of increased traveler traffic
in the area during construction.
2/3 Product list and Unique Attributes
The following page provides our sample
menu offering of the popular empanadas.

With breakfast, lunch and dinner selections,
Half Moon has you covered!
QUICK. PORTABLE. CONVENIENT.

AFFORDABLE. HEALTHY. TRAVELS WELL.

Item 3A - Page 159
Savory Empanadas
Beef
Chicken
Spicy Chicken
Spicy Beef
Ham & Cheese
Bacon Egg & Cheese
Creamed Spinach
Cheesy Gaucho
Three Cheese
Sweet Empanadas
Banana Split Nutella
Dulce de Leche
Espresso
Espresso Macchiato
Cappuccino
Caffe Americano
Caffe Latte
Extra Shot
Brewed Coffee
Hot Tea - Assorted Flavors
Cold Brewed
Nitro Coffee
Flavored Iced Mocha Latte
Iced Tea - Assorted Flavors
Hot Coffee & Tea Cold Coffee & Nitro
EMPANADAS - THE IDEAL FOOD FOR TRAVELERS ON THE GO!
$6
$6
Savory Empanadas $6
Beef Bacon Egg & Cheese
Chicken Creamed Spinach
Spicy Chicken Cheesy Gaucho
Spicy Beef Three Cheese
Ham & Cheese
Sweet Empanadas $6
Banana Split Nutella
Dulche de Leche
Hot Coffee & Tea Cold Coffee & Nitro
Espresso $3.25 Cold Brewed $5.85
Espresso Macchiato $4.59 Nitro Coffee $5.85
Cappuccino $5.45
Caffe Americano $4.37
Caffe Latte $5.45
Extra Shot $1.29
Brewed Coffee $3.25
Teas Hot / Iced $.3.95
halfmoonempanadas.com
Item 3A - Page 160
Item 3A - Page 161
Paradies lagardere TRAVEL RETAIL
August 24, 2022
Half Moon Empanadas, LLC
5201 NE 5th Ave.

Miami, FL 33137
Attn: Pilar Guzman Zavala, CEO
Re: Letter of Authorization issued by Half Moon Em panadas I ndsutries LLC to RDS Retail North America LLC d/b/a Paradies Lagardere Dining Division ("Paradies") for Palm Springs International Airport
Dear Mr. Zavala:

It gives us great pleasure to provide this letter of authorization (the '·LOA") for your signature, whereby Half Moon Empanadas Industries. LLC authorizes Paradies (and any affiliate formed for the purpose of submitting a proposal) to use the names and logos of the Half Moon Empanadas concept, together with all related trademarks, logos, insignias and other indicia (the "Marks") in the development and operation of one or more food & beverage facilities to be operated by us at the Palm Springs International Airport (the "Airport"), assuming we are awarded contracts and the concession spaces where we intend to offer thjs concept. You authorize us to use the Marks in our proposals to the Airport·s administrative staff and government officials.

Assuming you agree with the terms of this LOA, please sign it where indicated below and return one copy to Paradies.

Accepted and Agreed to as of September§, 2022
Name: Pilar Guzman Zavala
Its: CEO
Sincerely,
HDS Retail North America LLC
By: Claude Guillaume
Title: Senior Vice President
Dining Division
Experience new horizons, every day.

Main Office: 2849 Paces Ferry Road • Overlook I, 411i Floor • Atlanta, Georgia 30339 • T 404-344-7905 Toronto Office: 370 King Street West, 7th Floor• Toronto, Ontario MSV 1J9 • T 416-863-6400 F&B 5 - 464 SQ. FT.

For years now we've been told to get to the
airport at least two hours before your flight just
to have enough time to get through security.

But what happens when you visit an airport like
PSP that's efficient, well laid out, and the TSA
line goes smoothly? Stop by Buzz by Bar Fly and
have a quick bite to eat and a cocktail or beer.

You'll definitely want to buzz on by for a bite at
Buzz By Bar Fly!

BUZZ ON BY ---
When you need a quick, delicious, and filling bite
to take with you on your flight look no further than
Buzz by Bar Fly. There's a variety of made-freshdaily sandwiches, wraps, and salads to choose from including Turkey and Cheddar on Wheat, a Chicken
Buffalo Wrap, and our Ham and Cheddar on Jalapeño
bread that will have you running straight to Twitter to sing it's praises! The Chicken Caesar and our Cobb
salad are piled high with goodies. We haven't left out
the vegetarians either. Our stupendous Veggie wrap is
stuffed full of farm fresh, crunchy veggies. All of our grab and go entrées are created fresh every day and
replenished often to ensure they're just right when
you stop by.

Don't' let the name fool you though. There are no flies here unless you count the ones on our sign! Buzz by Bar Fly is all about quick convenience. Located right in the center of the Bono Concourse, Buzz by Bar Fly will be the perfect place to perch and enjoy the weather while you wait for your flight. Or, if you're in a hurry, you can grab a quick bite to go from our fresh grab and go selection and a "ready to drink" beverage from our knowledgable staff!

FASTER THAN A SPEEDING FLY
1a. Name, Concept, and Theme
Buzz By Bar Fly
Bar with Grab and Go
Faster than a Speeding Fly
1b. Rationale
1c. Quality, Value, and Time
THAT'S A WRAP!!
OR SANDWICH...OR SALAD
Item 3A - Page 162
The last few years has seen a major shift in how people consume their cocktails and we're totally here for it. Ready-to-drink cocktails are the beverage industry's biggest success story that's based on convenience, high-quality ingredients, and a wide flavor variety. At Buzz by Bar Fly we've got a premium selection of some of our favorites curated just for travelers through Palm Springs. There's a Pineapple Paloma from Small Hands Cocktails, a California company, that'll put you right back to the Mid Century Era and have you ready to sip by the pool (pool not included). Have your drink neat or on the rocks!
DRINK CANNED. DRINK BOTTLED. DRINK LOCAL.

Speaking of cans, all the favorite beers
are available too. Didn't think we'd
leave out half the travelers, did you?
Budweiser, Michelob Ultra, and La
Quinta Poolside Blonde are up for
grabs. For those with a taste for
unique flavors try Coachella Valley
Desert Swarm or the Golden road
Mango Cart! Ace Apple Cider and
Plan Botanicals Hard Seltzer are on
ice waiting for you too!

HOPS AND SODA

COCKTAILS OF THE FUTURE
1d/e. Sense of Place and Local Attributes
Local!
Buzz by Bar Fly's Mid
Century vibe and host
of concoctions from
local California-based
distilleries, wineries,
and breweries will
have travelers taste
buds giving a standing
ovation for each and
every glass full!
And, if that wasn't enough, Buzz by Bar Fly also
has a selection of wines including sparkling
Le Grande Courtâge Brute and a Brute Rosé.

For those who enjoy white varietals try the
Insomnia Pino Grigio or Chardonnay from
Summerland Wine Brands located just a few
hours north of Palm Springs. And for the rosé
wine drinkers we have Confetti! that'll knock
your socks off and have you ready to celebrate.

WINE OFF THE VINE
Item 3A - Page 163
CUT~
' LIi
MAR
(
1f. Speed of Services
2/3. Price List and Unique Attributes
The following page provide our menu offerings like quick snacks; fresh grab and go salads, sandwiches, and wraps; and a selection of ready to drink beers, wines, and cocktails including unique local favorites to excite and entice the traveler. A few of our favorites include the Ham and Cheddar on Jalapeño bread that's got just enough heat to stimulate your tastebuds.

And don't forget the local! We called out a few on the previous page, but we think it's worth a second mention. The majority of our cocktails, beers, and wines are created right here in California. La Quinta's Poolside Blond and Coachella Valley Brewing's Desert Swarm are so local they're practically made in PSP's backyard!
Coachella Valley
Brewing's Desert
Swarm is a Belgian
double Wit with notes
of Honey, Kumquats,
and Corriander.

Buzz by Bar Fly is built for speed. Located right in the thick of things it's meant to be a place to rest for a few minutes (or longer, we'd love to have you hang with us all day!) as you fly to your gate to catch your flight out of PSP. Our menu is designed for speed in mind with a variety of freshlypackaged food options and coolers teaming with ready-todrink beverages. We'll have you served up fast and ready for whatever the day holds!
And, just as a reminder - Alcohol doesn't FLY past this point.

La Quinta's Poolside
Blonde has a light maltiness
provided by the Pilsner and
Vienna Malts. Light straw in
color, it has a moderately
bitter finish. Saaz hops
provide the aroma. Truly, a
palate cleansing ale while
lounging around the pool
or on the golf course.

Item 3A - Page 164
Sandwiches 12.99
Turkey & Cheddar on Wheat
Smoked Turkey & Swiss
Ham & Cheddar on Jalapeño Bread
Salads 12.99
Chicken Caesar
Cobb
Wraps 11.99
Veggie
Chicken Buffalo
Turkey BLT
MENU
Cans & Bottles
Budweiser $8.00
Michelob Ultra $8.00
Speakeasy Big Daddy IPA $9.00
La Quinta Poolside Blonde $9.00
Golden Road Mango Cart $9.00
Cali Squeeze Blood Orange $9.00
Coachella Valley Desert Swarm $9.00
Ace Apple Cider $9.00
Plant Botanicals Hard Seltzer $10.00
O’doul’s $8.00
Ready to Enjoy Cocktails
Small Hand Cocktails Gin Gimlet $13.50
Small Hand Cocktails Vodka Gimlet $13.50
Small Hand Cocktails Pineapple Paloma* $15.00
Cutwater Bali Hai Tropical Tiki Rum Mai Tai* $13.50
Cutwater Bali Hai Rum Piña Colada* $13.50
Cutwater Long Island Iced Tea* $13.50
Cutwater Mango Margarita* $13.50
Cutwater Strawberry Margarita* $13.50
Cutwater Tequila Paloma* $13.50
Organic Prairie Cucumber Lemonade Vodka* $13.00
Beagans Coffee & Cream* $13.00
Line 39 Spritzer Rose Strawberry* $13.00
Line 39 Spritzer Sauvignon Blanc Lemon* $13.00
*Served neat or on the rocks
Wines

SPARKLING
Le Grande Courtage Grande Cuvee France
Blanc De Blancs Brut
$14.00
Le Grande Courtage Grande Cuvee France
Brut Rose
$14.00
WHITE
Pinot Grigio Insomnia California $14.50
Chardonnay Insomnia California $14.50
Sauvignon Blanc Essentially Geared California $13.50
ROSÉ
Rose’ Confetti Trentino Italy $13.50
Snacks 4.99-10.99
Cheese and Fruit Trays
Prepackaged Fruit Bowls
Sabra Hummus w/Pretzels
Item 3A - Page 165
Combining customer-facing and behind the scenes
solutions, our technologies help us create a better
experience for our customers, airport partners, and
operations teams.

We have invested millions of dollars, and continue to invest, in front of house and back of house technologies that create efficiencies, reduce costs, create a streamlined shopping and dining experience, and allow our operations teams to react in real time to a variety of situations and information.

To maintain our commercial viability, we have the utmost incentive to remain in a contemporary posture throughout the life of the contract as a positive customer experience drives sales and ensures we realize our vision and principles. We have an internal IT department responsible for technology implementation, such as SAP (enterprise resource planning software) needed to run our stores and the research and development process necessary to the ongoing implementation of technology systems.

The systems we implement are chosen based on delivering flexibility to a diverse passenger base who have varying technology requirements. Our solutions don’t replace our dedicated staff but offer a variety of options to travelers on the go.

Prior to COVID-19, our technology goals were speed and enhanced service and sales. We now layer in the need to limit contact during the experience to provide a safe (touchless) and comfortable shopping experience while maintaining focus on our original goals.

Technology and Innovation

DIGITAL SELF-ORDER KIOSKS
Skip the line and get food fast!
We will provide self-order kiosks
in all four restaurants for travelers
to view menus, place orders, and
pay right there! Customers can
quickly pick up their order at the
designated area within each quick
serve restaurant. Families and
groups traveling together can easily
create one order from multiple
restaurants, allowing everyone
to get what they want and swiftly
continue on their travels.

MOBILE ORDERING
We are excited to offer Grab, Mobile Ordering/
Delivery Platform service. We were an early adopter
of Grab’s services, joining them as a test partner
for their first airport launch at Dallas/Fort Worth
International Airport. We have already integrated
the Grab platform with our POS systems and
operating procedures, and are ready to launch the
Grab service on opening day at BNA.

Mobile ordering is great for those who are late for
their flights so they can still grab a bite to eat or a coffee as they run to the gate. These systems help
alleviate wait times and long lines and increase sales
and guest service satisfaction! We never sacrifice
guest service for speed of service—it’s an all-in-one,
balanced package.

ORDER AT TABLE We will also offer QR codes on tables or bartops for convenient ordering and menu viewing, particularly for those with vision challenges.

FAST, CONVENIENT ORDERING POWERED BY:

Item 3A - Page 166
grab
Section C:

Facility Design
and Quality of
Improvements
Item 3A - Page 167
Paradies lagardere TRAVEL RETAIL
•
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 36.

F&B 1: NINE CITIES CRAFT | NARRATIVE
Welcome to Nine Cities Craft, a space inspired by the
free-spirited nature of the desert valley communities.

Artfully crafted beer and an eclectic laid back
atmosphere are driving forces behind this brew pub at
Palm Springs International Airport.

The central bar celebrates the unique beverage
offering, while creating an inviting focal point that
draws passengers in. The indoor space, although a
small footprint, has an efficient and engaging layout.

A mobile pick-up area near the main entrance creates
a seamless take away experience for guests. Careful
consideration has been given to the layout to ensure
efficiencies, including queuing space, are provided.

A long banquette and communal table invite guests
inside the space to share a conversation and enjoy
a cold glass of craft beer. The mid-century modern
inspired color palette gives a feeling of effortless
cool—olive greens, burnt oranges, sky blues, all
reminiscent of the California lifestyle, vast blue skies, and long summer days spent under the sun. The color
palette is layered with mid-century modern graphics,
slate-like floor tile, a cluster of George Nelson inspired light fixtures, teak-toned wood, and hairpin leg chairs, all working together to create an eclectic space.

On the patio, passengers can enjoy an ever-changing
tap list beneath the warmth of the southern California
sun, or the shade of a patio umbrella. The patio is
an element that will add a relaxing experience for
guests in the concourse. A variety of seat types
accommodates single travelers and large groups alike.

A carefully considered floor plan creates a wellorganized space that is comfortable and universal for all passengers, also allowing guests with luggage
to easily navigate through the space. The design
complies with all applicable accessibility requirements in the ADA, which can be seen with circulation aisles
wider than minimum requirements, service counters
lowered to 34” and seating options that are inclusive
to all travelers.

Paradies Lagardère’s commitment to sustainability
seamlessly aligns with PSP Airport’s green initiatives.

Sustainable design aims to integrate the design intent
with the natural environment, while taking advantage
of the synergies that exist within the airport base
structure. Paradies Lagardère will emphasize efficient
energy use, water, and materials, minimizing the
environmental impact throughout their life cycle
and the airport structure’s long-term durability and
adaptability. The use of locally sourced reclaimed and
FSC certified wood products are used throughout
the space, as well as materials containing recycled
content. Functionality and energy efficiency are
the driving forces behind the food service planning
of all Paradies Lagardère spaces. A high standard
in sustainability surrounding product selection is
maintained, and new ways to streamline process,
reduce carbon footprint and keep mechanical and
electrical loads to a minimum, are always considered.

The mid-century modern space evokes feelings of
relaxing at dusk with a cold glass of ale. Nine Cities
Craft brings its cool yet approachable environment
and unique craft beer selection to passengers at PSP
to create a dining experience that is sure to impress.

Item 3A - Page 168
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 37.

F&B 1: NINE CITIES CRAFT | FLOOR PLAN
1 OUTDOOR COVERED SEATING

INDOOR STOREFRONT SEATING
BOH

LIQUOR CONTROL RAILINGS

LEASE LINE

ENTRY/EXIT
POS

BACK BAR

ADA TURNING RADIUS

SERVICE STATION

PICK UP

UMBRELLAS
2 3
4 5
6 7
8 9
10 11

EXISTING SPACE OVERLAY
1 2
3 4
5 5 6
6 7
7 9
10 11
8 TRAFFIC FLOW DIRECTION

TRAFFIC FLOW DIRECTION

ENERGY CONSUMPTION

RECYCLING

MATERIALS

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY

HEALTH/WELLBEING
BOH 408 SQ.FT. +/-
FOH 964 SQ.FT. +/-
TOTAL 1,372 SQ.FT. +/-

INDOOR DINING & BOH
616 SQ.FT. +/-

OUTDOOR DINING
TOTAL 78 (4 ADA)

SEAT COUNT
1,988 SQ.FT. +/-
TOTAL SQ.FT.
10 12
12 12
12 7
Item 3A - Page 169
• D
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Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 38.

F&B 1: NINE CITIES CRAFT | FURNITURE & FINISHES MOOD BOARD

INSPIRATION

INDOOR FLOOR TILE INDOOR SEATING

FEATURE TILE

FEATURE LIGHTING

BAR INSPIRATION

FEATURE BEER TAP

COMMUNAL TABLE

MCM DECOR OUTDOOR SEATING TEAK-LOOK MILLWORK GRAPHIC
Item 3A - Page 170
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 39.

F&B 1: NINE CITIES CRAFT | STOREFRONT RENDERING
Item 3A - Page 171
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 40.

F&B 1: NINE CITIES CRAFT | INTERIOR RENDERING
Item 3A - Page 172
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 41.

F&B 1: NINE CITIES CRAFT | EXTERIOR RENDERING
Item 3A - Page 173
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 42.

F&B 2/3: VINO VOLO | NARRATIVE
Award-wining industry leader and beloved wine
bar, Vino Volo offers a curated selection of wine
and specialty food to Palm Springs International
Airport. Vino Volo’s design aesthetic is both
sophisticated and welcoming with a retail layout
developed to appeal to the comfort of all travelers.

Mirroring the quality, creativity, and mid-century
modern feel of PSP, the space emphasizes traveler
comfort, ease of discovery, and overall enjoyment.

All design elements including materials, light fixtures, furniture, colors and textures have been carefully
selected to represent the brand aesthetic and to
seamlessly merge with the existing architecture.

The newly designed space is a combination of indoor
and outdoor spaces. Indoors, a branded bar anchors
the space to create a warm and lively welcome,
while the outdoor patio seating offers a semi-open
bar to provide travelers a unique dining experience.

Influenced by mid-century inspired design, guests
are welcomed into the space by a linear bar with
beautiful terracotta, clay two-toned tiles against the
back wall. Complimenting the metal dome shape
pendants, the bar design seamlessly guides customers
through the retail section and into the dine-in area.

The counters consist of blackened woods, marble-like
quartz, and blackened steel, and are elevated by the
brand colors utilized within the furniture design and
graphic elements. Wood box ceiling design artfully
creates an approachable and inviting sense of space.

An awning is added to the storefront seating area.

A new canopy with misters integrated is also added
to the outdoor patio, combining the existing metal
canopy structure to provide travelers a relaxing space
to enjoy the view into the beautiful courtyard.

The new outdoor bar with access into the indoor area
creates better flow and improved speed of service.

A fun play on wine barrel planters showcases the
natural wine-theme of the brand. String lights on
the canopy structures also help with setting a cozy
and romantic dining experience for the guests.

A carefully considered floor plan creates a wellorganized space that is comfortable and universal for all passengers, also allowing guests with luggage to
easily through the space. The design complies with
all applicable accessibility requirements in the ADA,
which can be seen with circulation aisles wider than
minimum requirements, service counters lowered to 34”
and seating options that are inclusive to all travelers.

Paradies Lagardère’s commitment to sustainability
seamlessly aligns with PSP Airport’s green initiatives.

Sustainable design aims to integrate the design intent
with the natural environment, while taking advantage
of the synergies that exist within the airport base
structure. Paradies Lagardère will emphasize efficient
energy use, water, and materials, minimizing the
environmental impact throughout their life cycle
and the airport structure’s long-term durability and
adaptability. The use of locally sourced reclaimed and
FSC certified wood products are used throughout
the space, as well as materials containing recycled
content. Functionality and energy efficiency are
the driving forces behind the food service planning
of all Paradies Lagardère spaces. A high standard
in sustainability surrounding product selection is
maintained, and new ways to streamline process,
reduce carbon footprint and keep mechanical and
electrical loads to a minimum, are always considered.

Vino Volo is intentional about bringing people together with gourmet food and exquisite wines. A visit to
Vino Volo at Palm Spring International Airport will
be an exceptional experience for all travelers.

Item 3A - Page 174
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 43.

F&B 2/3: VINO VOLO | FLOOR PLAN
1 OUTDOOR COVERED SEATING

SERVICE AREA
BOH

LIQUOR CONTROL RAILINGS

CANOPY & MISTERS

LEASE LINE

ENTRY/EXIT

NEW AUTOMATIC SLIDING DOOR
POS

GRAB & GO

ADA TURNING RADIUS
MERCH

BAR RAIL

DOG CORNER

PICK UP

HAND SINK
COFFEE

WINE DISPLAY

BACK BAR

KEG COOLER

WINE POUR STATION

COCKTAIL STATION

MUG FROSTER

GLASS WASHER

GLASS STORAGE

SERVER STATION

LOADING AREA

OUTDOOR RATED COOLERS
2 3
4 5
6 7
8 9
10 11
11 12
13 14
16 15
17 18
19 20
21 22
23 24
25 26
27 FOH 1,050 SQ.FT. +/-
BOH 579 SQ.FT. +/-
TOTAL 1,629 SQ.FT. +/-
INDOOR (F&B 2)
700 SQ.FT. +/-
OUTDOOR SEATING / BAR (F&B 3)
1 1 2
3 4
4 5
5 6
6 7
7 8 9
9 9
10 10
11 11
12 13
14 15
16 16
16 17
18 20 19
21 22 21
22 23
23 25 24
27 28

TRAFFIC FLOW DIRECTION

MATERIALS ENERGY CONSUMPTION RECYCLING

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY HEALTH/WELLBEING
28 26
2,329 SQ.FT. +/-
TOTAL SQ.FT. (F&B 2 & 3)
TOTAL 59

SEAT COUNT
5 6
9 Item 3A - Page 175
•
II
II
II
II
II
II
II
II
II
II
II
II
II
,Jl---- r---
l r---
11 • I 1
I 1
11 I
I
I 1
IL __ L ___ _
(
•
L -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
) -
-
• * • -
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 44.

F&B 2/3: VINO VOLO | FLOOR PLAN OPTION FLOOR PLAN
1 OUTDOOR COVERED SEATING

SERVICE AREA
BOH

LIQUOR CONTROL RAILINGS

CANOPY & MISTERS

LEASE LINE

ENTRY/EXIT

NEW AUTOMATIC SLIDING DOOR
POS

GRAB & GO

ADA TURNING RADIUS
MERCH

BAR RAIL

DOG CORNER

PICK UP

HAND SINK
COFFEE

WINE DISPLAY

BACK BAR

KEG COOLER

WINE POUR STATION

COCKTAIL STATION

MUG FROSTER

GLASS WASHER

GLASS STORAGE

SERVER STATION

LOADING AREA

OUTDOOR RATED COOLERS
2 3
4 5
6 7
8 9
10 11
11 12
13 14
16 15
17 18
19 20
21 22
23 24
25 26
27 1
1 2
3 4
4 5
5 6
6 7
7 8 9
9 9
10 10
11 11
12 13
14 15
16 16
16 17
18 20 19
21 22 21
22 23
23 25 24
27 28

TRAFFIC FLOW DIRECTION

MATERIALS ENERGY CONSUMPTION RECYCLING

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY HEALTH/WELLBEING
28 26
11 1
4 FOH 1,050 SQ.FT. +/-
BOH 579 SQ.FT. +/-
TOTAL 1,629 SQ.FT. +/-
INDOOR (F&B 2)
860 SQ.FT. +/-
OUTDOOR SEATING / BAR (F&B 3)
2,489 SQ.FT. +/-
TOTAL SQ.FT. (F&B 2 & 3)
TOTAL 64

SEAT COUNT
5 9
Item 3A - Page 176
•
II
II
II
11 II
II
II
II
II
II
II
11 II
~---
1r---
11 11
•
(
• • *
-
-
-
-
-
-
-
-
-
-
- -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
) -
-
•
-
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 45.

T
F&B 2/3: VINO VOLO | FURNITURE & FINISHES MOOD BOARD

OUTDOOR RAILING PLANTERS
T

FEATURE LIGHT

WOOD LOOK FLOOR TILE

CHAIR BAR SHELVING

COUNTERTOPS CONCRETE FINISH

WINE MERCH DISPLAY

FLOORING INSPIRATION

BLACKENED WOOD LOOK

BAR FINISH

FEATURE LIGHT STOOL
TABLE

WALL TILE

GRAPHIC
COPPER
ACCENT
Item 3A - Page 177

VINO VOLO
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 46.

F&B 2/3: VINO VOLO | EXTERIOR RENDERING
Item 3A - Page 178
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 47.

F&B 2/3: VINO VOLO | INTERIOR RENDERING
Item 3A - Page 179
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 48.

F&B 4: EL MIRASOL,
COACHELLA VALLEY COFFEE | NARRATIVE
Bringing together two brands, Coachella Valley Coffee
and El Mirasol, this unique space at Palm Springs
International Airport offers a year-round indoor-outdoor dining experience. Known for the quality of their coffee, Coachella Valley Coffee is a committed to raising the
bar when it comes to coffee and customer expectations,
while El Mirasol offers a taste of the authentic Mexican culinary scene that everyone loves and enjoys.

The design both unifies and differentiates the two
brands. Terrazzo flooring and wood ceiling beams span
the entire space, while the specific colors and finishes help the visitor identify each brand’s counters. Colors and materials harmoniously blend with the Mid-Century
Modern airport aesthetic. Materials, light fixtures,
furniture, colors, and textures have been carefully
selected to showcase the brand and its values, while
seamlessly integrating with the overall architecture.

The outdoor patio, sheltered under an existing metal
canopy, benefits from the view onto a beautiful existing water feature. Planters create the separation from
the airport courtyard pathways and conceal misters
contributing to the comfort of the outdoor sitting.

The inner courtyard features banquette sitting and TV
screens at the perimeter, defined by planters; here also their concealed misters are contributing to the comfort, while the lush plants create visual ambiance.

The logic planning makes the two possible paths inside
the space clear right from the entry. The coffee counter is situated directly across, while El Mirasol sits to
the right, allowing guests to visit one after the other.

A condiment/recycling station along with banquette
sitting organize the traffic flow. A large, covered inner courtyard provides access into the main interior space, while the outdoor patio can be reached from either
of the other two spaces. A colorful curvilinear bar is
situated half indoor and half out into the inner courtyard, with a gentle curve leading into the main space.

Inspired graphics add color to the space and create an
unforgettable impression.

A carefully considered floor plan creates a wellorganized space that is comfortable and universal for all passengers, also allowing guests with luggage to easily move through the space. The design complies with all
applicable accessibility requirements in the ADA, which can be seen with circulation aisles wider than minimum
requirements, service counters lowered to 34”, and
seating options that are inclusive to all travelers.

Paradies Lagardère’s commitment to sustainability
seamlessly aligns with PSP Airport’s green initiatives.

Sustainable design aims to integrate the design intent
with the natural environment, while taking advantage of the synergies that exist within the airport base structure.

Paradies Lagardère will emphasize efficient energy
use, water, and materials, minimizing the environmental impact throughout their life cycle and the airport
structure’s long-term durability and adaptability. The
use of locally sourced reclaimed and FSC certified
wood products are used throughout the space, as well
as materials containing recycled content. Functionality and energy efficiency are the driving forces behind the food service planning of all Paradies Lagardère spaces.

A high standard in sustainability surrounding product
selection is maintained, and new ways to streamline
process, reduce carbon footprint and keep mechanical
and electrical loads to a minimum, are always considered.

A visit to the Coachella Valley Coffee and El Mirasol will be an unforgettable experience, for both the quality of the offerings and that of the features.

Item 3A - Page 180
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 49.

F&B 4: EL MIRASOL,

COACHELLA VALLEY COFFEE
FLOOR PLAN 1 COACHELLA VALLEY COFFEE

EL MIRASOL

PATIO WITH MISTERS

OUTDOOR COVERED SEATING

INDOOR BAR

OUTDOOR BAR

AUTOMATIC SLIDING DOOR

COMMISSARY KITCHEN

ENTRY/EXIT
POS

GRAB & GO

ADA TURNING RADIUS

ACCESSIBLE HEIGHT COUNTER

DOG CORNER

PLANTERS

OVERHEAD FOLDING DOOR

PICK UP

HAND SINK

BACK BAR / REFRIGERATION

MARGARITA MACHINE
COFFEE

PASS THROUGH

MERRY CHEF

ESPRESSO

BLENDING STATION

MILLWORK STORAGE

CONDIMENTS/RECYCLING/WASTE
TV

OPTIONAL AIRSTREAM/LIVE MUSIC

AREA/POP UP AREA
2 3
4 5
6 7
8 9
10 11
12 13
14 16
15 17
FOH 1,933 SQ.FT. +/-

CATERING KITCHEN
& STORAGE 2,597 SQ.FT. +/-
TOTAL 4,530 SQ.FT. +/-
INDOOR
849 SQ.FT. +/-
OUTDOOR DINING 1
667 SQ.FT. +/-
OUTDOOR DINING 2
18 19
20 21
22 23
24 25
26 27
28 28
28 28
3 4
5 6
7 8
9 10 10
10 10
11 11
12 12 12
12 12
13 14
14 15
15 16
17 17
18 18
22 21 20 19
23 24 21
25 18
26 27

TRAFFIC FLOW DIRECTION

ENERGY CONSUMPTION

RECYCLING

MATERIALS

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY

HEALTH/WELLBEING
TOTAL 106 (6 ADA)

SEAT COUNT
6,046 SQ.FT. +/-
TOTAL SQ.FT.
29 29
28 13
13 1
2 12
10 Item 3A - Page 181
• ct
• • •
-
L ____ ..J
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 50.

F&B 4: COACHELLA VALLEY COFFEE | FURNITURE & FINISHES MOOD BOARD

INSPIRATION

COUNTER

SEATING & TABLES

PLANTERS

FEATURE LIGHT

WOOD FINISH

BANQUETTE
TILE

DRINK RAIL

INSPIRATION

LIGHTS TABLE TOPS
TILE
Item 3A - Page 182
Paradies lagg[JEL rrre ~TAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 51.

F&B 4: EL MIRASOL | FURNITURE & FINISHES MOOD BOARD

BAR OVERHEAD DISPLAY OUTDOOR SEATING
CHAIRS

PLANTER

COLOR INSPIRATION

LIGHT FIXTURE

INSPIRATION

TERRAZZO

OUTDOOR BAR

COLOR & FINISHES ACCENT TILE WOOD FINISH PATIO BAR DOOR OPTIONAL AIRSTREAM

ACCENT TILE
Item 3A - Page 183
- - - ~
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 52.

F&B 4: EL MIRASOL,

COACHELLA VALLEY COFFEE

EXTERIOR RENDERING
Item 3A - Page 184
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 53.

F&B 4: EL MIRASOL,

COACHELLA VALLEY COFFEE

PATIO RENDERING
Item 3A - Page 185
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 54.

F&B 4: EL MIRASOL,

COACHELLA VALLEY COFFEE

INTERIOR RENDERING
Item 3A - Page 186
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 55.

F&B 5: TRIO | NARRATIVE
Quintessentially Palm Springs, TRIO at Palm Springs
International Airport is a full-service restaurant and
bar that offers timeless, flavorful dishes and warm,
generous hospitality to all. Inspired by owner Tony
Marchese’s family heritage and enhanced by acclaimed
Executive Chef Phillip Martin, the menu is equal parts
nourishing and indulgent, designed to express the
brand’s love for Palm Springs and the community.

Boasting an expansive bar with a wide variety of
seating options, TRIO offers flexibility and allows
guests to dine-in or take their food to go. A takeout counter, conveniently situated with its own dedicated entrance, allows travelers on the go
to quickly order a meal before their flight.

The design aesthetic merges fresh, contemporary
accents with traditional Palm Springs mid-century
modern details, creating a classic yet modern vibe.

A rich and vibrant back bar liquor display creates a
dramatic focal point, while bright pops of orange and
cool whites create a striking contrast. Mid-century
modern shapes and patterns are showcased in the
tiles and rich wood veneer wall paneling, reinforcing
the modern design. Grabbing the attention of those at
the takeout counter, a bold pop-art mural of Marilyn
Monroe adds more visual impact and pays homage
to her iconic history in Palm Springs. A variety of
seating options are available in the bar and dining area, with warm wood barstool and chairs, a fluted orange
banquette, and eating rails with convenient USB outlets.

Extending that vacation feeling for all travelers, the
dining room opens to a large patio space with a lively
outdoor seating area. Providing protection from the
desert weather, tensile shading structures and misters
give passengers relief from the heat while still allowing them to enjoy the unique outdoor experience the airport has to offer. Not forgetting man’s best friend, the patio features dog-friendly amenities, incorporating canine
water fountains, misters, and a creative dog menu.

A carefully considered floor plan creates a wellorganized space that is comfortable and universal for all passengers, also allowing guests with luggage to easily move through the space. The design complies with
all applicable accessibility requirements in the ADA,
which can be seen with circulation aisles wider than
minimum requirements, service counters lowered to 34”,
and seating options that are inclusive to all travelers.

Paradies Lagardère’s commitment to sustainability
seamlessly aligns with PSP Airport’s green initiatives.

Sustainable design aims to integrate the design intent
with the natural environment, while taking advantage
of the synergies that exist within the airport base
structure. Paradies Lagardère will emphasize efficient
energy use, water, and materials, minimizing the
environmental impact throughout their life cycle
and the airport structure’s long-term durability and
adaptability. The use of locally sourced reclaimed and
FSC certified wood products are used throughout
the space, as well as materials containing recycled
content. Functionality and energy efficiency are
the driving forces behind the food service planning
of all Paradies Lagardère spaces. A high standard
in sustainability surrounding product selection is
maintained, and new ways to streamline process,
reduce carbon footprint and keep mechanical and
electrical loads to a minimum, are always considered.

From the aromas to the flavors, and the magical blend
of colors, sounds and energy, TRIO at PSP offers
travelers an authentic experience, warm hospitality
and mouth-watering temptations, making it a perfect
addition to Palm Springs’ vibrant airport experience!
Item 3A - Page 187
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 56.
1 1
TRIO

HALF MOON KIOSK
FOH
BOH

LEASE LINE

ADA TURNING RADIUS

EXISTING SLIDING DOORS

BACK BAR REFRIGERATION

BACK BAR DISPLAY ABOVE

WAITRESS STATION

W/ STAGE ABOVE
POS

TAKEOUT PICK UP

PICK UP

PASS THRU
COFFEE

HAND SINK
COUNTER HT. GRAB & GO

GLASS STORAGE

COCKTAIL

BEER TAPS

GLASS WASH

BAR SINK

DROP OFF
HOST

MERCH/IMPULSE

ENTRY/EXIT TO PATIO

SERVER STATION WITH POS

FIRE HOSE CABINET

PLANTER

MERCH & MENU BOARDS
REF. DISPLAY CASE

SHADE STRUCTURE WITH

MISTERS
2 2
3 3
4 4
5 5
6 6
6 6
6 6
6 7
7 7
8 8
9 9
10 10
11 11
11 11
12 12
13 13
14 14
16 16
15 15
17 17
17 18
18 19
19 20
20 21
21 22
22 23
23 24
24 25
25 26
26 27
27 28
28 29
29 29 29
29 30
30 31
31 31

TRAFFIC FLOW DIRECTION
FOH 1,356 SQ.FT. +/-
BOH 603 SQ.FT. +/-
TOTAL 1,959 SQ.FT. +/-
SEATS 41 SEATS
TOTAL SEATS 95 (5 ADA)
FOOD & BEVERAGE 2
934 SQ.FT. +/-
SEATS 54 SEATS
696 SQ.FT. +/-
SEATS 25 SEATS
OUTDOOR DINING 1
OUTDOOR DINING 2 (KIOSK)
29 EXISTING SPACE OVERLAY
F&B 5: TRIO &

HALF MOON

EMPANADAS KIOSK

FLOOR PLAN

ENERGY CONSUMPTION

RECYCLING

MATERIALS

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY

HEALTH/WELLBEING
32 32
32 32
27 Item 3A - Page 188
• ct
•
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 57.

FOH 1,356 SQ.FT. +/-
BOH 603 SQ.FT. +/-
TOTAL 1,959 SQ.FT. +/-
SEATS 41 SEATS
TOTAL SEATS 95 (5 ADA)
FOOD & BEVERAGE 2
934 SQ.FT. +/-
SEATS 54 SEATS
696 SQ.FT. +/-
SEATS 39 SEATS
OUTDOOR DINING 1
1 1
TRIO

HALF MOON KIOSK
FOH
BOH

LEASE LINE

ADA TURNING RADIUS

EXISTING SLIDING DOORS

BACK BAR REFRIGERATION

BACK BAR DISPLAY ABOVE

WAITRESS STATION

W/ STAGE ABOVE
POS

TAKEOUT PICK UP

PICK UP

PASS THRU
COFFEE

HAND SINK
COUNTER HT. GRAB & GO

GLASS STORAGE

COCKTAIL

BEER TAPS

GLASS WASH

BAR SINK

DROP OFF
HOST

MERCH/IMPULSE

ENTRY/EXIT TO PATIO

SERVER STATION WITH POS

FIRE HOSE CABINET

PLANTER

MERCH & MENU BOARDS
REF. DISPLAY CASE

SHADE STRUCTURE

WITH MISTERS
2 2
3 3
4 4
5 5
6 6
6 6
6 6
6 7
7 7
8 8
9 9
10 10
11 11
11 11
12 12
13 13
14 14
16 16
15 15
17 17
17 18
18 19
19 20
20 21
21 22
22 23
23 24
24 25
25 26
26 27
27 28
28 29
29 29 29
29 30
30 31
31 31

TRAFFIC FLOW DIRECTION

EXISTING SPACE OVERLAY
F&B 5: TRIO &

HALF MOON

EMPANADAS KIOSK

FLOOR PLAN OPTION

ENERGY CONSUMPTION

RECYCLING

MATERIALS

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY

HEALTH/WELLBEING
OUTDOOR DINING 2 (KIOSK)
32 32
32 32
27 Item 3A - Page 189
• ct
•
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 58.

F&B 5: TRIO | FURNITURE & FINISHES MOOD BOARD
CHAIRS

STREET SIDE LOCATION LIGHTING
CHAIRS

NEW BAR FRONT PATIO INSPIRATION CHAIRS

FEATURE WALL

BAR INSPIRATION

FLOOR TILE COUNTER TOPS WALL GRAPHIC

BAR STOOLS

PATIO SHADE STRUCTURES

TILE CHAIRS
Item 3A - Page 190
TRJO
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 59.

F&B 5: TRIO | AXO RENDERING
Item 3A - Page 191
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 60.

F&B 5: TRIO | INTERIOR RENDERING
Item 3A - Page 192
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 61.

F&B 5: TRIO | PATIO RENDERING
Item 3A - Page 193
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 62.

F&B 5: HALF MOON EMPANADAS KIOSK | NARRATIVE
An oasis in the Palm Springs desert heat, Half Moon Empanadas offers passengers a wide variety of ready to drink beverages, such as canned beer & wine, coffee and cocktails along with nonalcoholic beverages and a selection of grab & go snacks and treats for all on the go passengers.

Perfectly located in the Palm Springs International Airport, the eye-catching kiosk is bold and inviting and inspired by Mid-Century Modern architecture. Boasting a dramatic butterfly roof, Half Moon Empanadas is brimming with loads of character. This small but impactful space, offers quick service and a unique hospitality environment.

Black metal paneling forms the backdrop and grounds the space while vertical slatted wood on the underside of the roof adds texture. Minimal finishes allow for simplicity in modularity and construction—this also creates a clean canvas for bold colorful graphics and playful seating.

A large patio space offers travelers a vibrant outdoor seating area with tensile shading structures and misters providing cover from the desert heat. Not forgetting man’s best friend, the patio features dog-friendly amenities, incorporating canine water fountains, misters and a creative dog menu.

A carefully considered floor plan creates a well-organized space that is comfortable and universal for all passengers, also allowing guests with luggage to easily through the space. The design complies with all applicable accessibility requirements in the ADA, which can be seen with circulation aisles wider than minimum requirements, service counters lowered to 34” and seating options that are inclusive to all travelers.

Paradies Lagardère’s commitment to sustainability seamlessly aligns with PSP Airport’s green initiatives. Sustainable design aims to integrate the design intent with the natural environment and takes advantage of synergies that exist within the airport base structure. Paradies Lagardère will emphasize efficient energy use, water, and materials – minimizing the environmental impact throughout their life cycle and the airport structure’s long-term durability and adaptability.

The use of locally sourced reclaimed and FSC certified wood products are used throughout the space, as well as materials containing recycled content. Functionality and energy efficiency are the driving forces in the food service planning for all Paradies Lagardère spaces. A high standard in sustainability surrounding product selection is maintained, and new ways to streamline process, reduce carbon footprint and keep mechanical and electrical loads to a minimum are always considered.

Fresh, fast and delicious, Half Moon Empanadas, brings a fun and exciting kiosk to Palm Springs International Airport that aims to shock and delight while meeting needs of today and tomorrow’s travelers.

Item 3A - Page 194
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 63.

F&B 5: HALF MOON EMPANADAS KIOSK | RENDERING
Item 3A - Page 195
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 64.

F&B 5: BUZZ BY BAR FLY | NARRATIVE
PSP Buzz by Bar Fly
Leaving behind old standards of the liquor and bar world, a new wave of innovators is emerging. Craft brewers and distillers have brought artistry and variety back to the industry with an emergence of expertly bottled cocktails.

Enter Buzz by Bar Fly. Offering solely pre-packaged
merchandise, the Buzz by Bar Fly kiosk features ready
to drink wine, beer, cocktails, and a select offering of accompanying snacks. All products are displayed in tall, glass-fronted coolers for ease of customer visibility and staff access.

Utilizing a mid-century inspired design direction, a steel canopy structure covers the kiosk, supporting lighting, misters, and the dramatic signage above. Counters
consist of blackened woods, concrete, and a multicolored dichroic metal finish for a design that is simple yet memorable. Branding plays a creative role, integrating fly graphics throughout. Targeting the millennial traveler, both the design and product selection create the perfect ‘Instagrammable’ moments at Buzz by Bar Fly. Guests are encouraged to engage and share, leveraging the age of
social media and allowing influencers to elevate the kiosks ‘hype’ and recognition.

A carefully considered floor plan creates a well-organized space that is comfortable and universal for all passengers, also allowing guests with luggage to easily through
the space. The design complies with all applicable
accessibility requirements in the ADA, which can be seen with circulation aisles wider than minimum requirements, service counters lowered to 34” and seating options that are inclusive to all travelers.

Paradies Lagardère’s commitment to sustainability
seamlessly aligns with PSP Airport’s green initiatives.

Sustainable design aims to integrate the design intent
with the natural environment, while taking advantage of the synergies that exist within the airport base structure.

Paradies Lagardère will emphasize efficient energy
use, water, and materials, minimizing the environmental impact throughout their life cycle and the airport
structure’s long-term durability and adaptability. The
use of locally sourced reclaimed and FSC certified wood products are used throughout the space, as well as
materials containing recycled content. Functionality and energy efficiency are the driving forces behind the food service planning of all Paradies Lagardère spaces. A high standard in sustainability surrounding product selection is maintained, and new ways to streamline process, reduce
carbon footprint and keep mechanical and electrical loads to a minimum, are always considered.

An experienced Bar Fly knows the latest and greatest,
the new and the happening. Buzz by Bar Fly merges the
spontaneity of a pop-up with the quality and creativity of boutique products to offer a different take on what a bar means. Through partnerships with local brewers, distillers and restaurants, Buzz by Bar Fly allows PSP travelers to sample the best of what Palm Spring’s bar scene has to
offer.

Plan Option Rationale
Option 2 utilizes the extents of the intended lease line for the kiosk structure and POS queuing, while adding
additional perimeter seating and standing height tables within a fixed liquor control rail. This layout allows the location to maximize revenues and creates an immersive
experience while retaining ample surrounding concourse
passageways. Overall, the kiosk presence becomes much
stronger and better utilized.

Retained Fountain Option Rationale
With the knowledge that the existing fountain has been
removed and replaced once before, Paradies Lagardère
would like to suggest a third option that retains this
feature fountain, surrounding its perimeter with counter seating that is serviced from a curved bar located along one side.

Item 3A - Page 196
Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 65.

F&B 5: BUZZ BY BAR FLY | FLOOR PLAN
1 1

LEASE LINE

ADA TURNING RADIUS

LIQUOR CONTROL STANCHIONS
POS

TALL COOLER

BAR HEIGHT COUNTER

ACCESSIBLE HEIGHT COUNTER

COUNTER HEIGHT SEATING

LOCKABLE EQUIPMENT

ICE WELL & SINK

IMPULSE

FEATURE GRAPHIC

OVER ELECTRICAL PANEL
2 2
3 3
3 3
4 4 4
5 5 5 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
FOH 464 SQ.FT. +/-
SEATS 18 SEATS
FOOD & BEVERAGE 1

TRAFFIC FLOW DIRECTION

ENERGY CONSUMPTION

RECYCLING

MATERIALS

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY

HEALTH/WELLBEING
Item 3A - Page 197
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Paradies laggfv1flS smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 66.

F&B 5: BUZZ BY BAR FLY | FLOOR PLAN OPTION

TRAFFIC FLOW DIRECTION
1 1

LEASE LINE

ADA TURNING RADIUS

LIQUOR CONTROL LOW RAIL
POS

COCTAIL STANDING TABLES

TALL COOLER

BAR HEIGHT COUNTER

ACCESSIBLE HEIGHT COUNTER

COUNTER HEIGHT SEATING

LOCKABLE EQUIPMENT

ICE WELL & SINK

IMPULSE

FEATURE GRAPHIC

OVER ELECTRICAL PANEL

TRASH/RECYCLE
2 2
3 3
3 3
3 4
4 4
5 5 5
6 6 6 6 6
7 7
7 7
8 8
9 10
10 11
11 12
13 13
14 14 14
12 FOH 464 SQ.FT. +/-
SEATS 37 SEATS & STANDING TABLES
FOOD & BEVERAGE 1

ENERGY CONSUMPTION

RECYCLING

MATERIALS

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY

HEALTH/WELLBEING
Item 3A - Page 198
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Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 67.

F&B 5: BUZZ BY BAR FLY | FLOOR PLAN OPTION 2

TRAFFIC FLOW DIRECTION
1 1
1 1
1 1
1 LIQUOR CONTROL STANCHIONS
POS

TALL COOLER

OVERHEAD STRUCTURE

COUNTER HEIGHT SEATING

UNDER COUNTER COOLERS

ICE WELL
SINK

IMPULSE

EXISTING ART
2 2 2
3 3 3
4 4
5 5
6 7
7 7
8 8 8
9 9
10 10 10
10 10
FOH 495 SQ.FT. +/-
SEATS 26 SEATS
FOOD & BEVERAGE 1

ENERGY CONSUMPTION

RECYCLING

MATERIALS

SUSTAINABILITY FEATURES

INDOOR AIR QUALITY

HEALTH/WELLBEING
5 5
6 Item 3A - Page 199
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Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 68.

F&B 5: BUZZ BY BAR FLY | FURNITURE & FINISHES MOOD BOARD

FEATURE METAL FINISH

MID-CENTURY ART DIRECTION STRUCTURE INSPIRATION

OPTIONAL COCKTAIL TABLES DESIGN DIRECTION

COUNTERTOPS

MID-CENTURY LIGHTING

STRUCTURE INSPIRATION

FINISH INSPIRATION MILLWORK

SEATING

MILLWORK
Item 3A - Page 200
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Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 69.

F&B 5: BUZZ BY BAR FLY | RENDERING
Item 3A - Page 201
Paradies lagardere TRAVEL RETAIL smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE: CONSTRUCTION/PHASING PLAN | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 3.

CONSTRUCTION/PHASING PLAN F&B
RFP PACKAGE BRAND PHASE 1 SQFT PHASE 2 SQFT TOTAL SQFT
F&B 1 Nine Cities Craft 1,988 1,988
F&B 2 / 3 Vino Volo 2,329 2,329
F&B 4 Commissary Kitchen, El Mirasol
QSR and Indoor/Outdoor Bar,
Coachella Valley Coffee
6,046 6,046
F&B 5 Trio 2,893 2,893
F&B 5 Half Moon Empanadas 696 696
F&B 5 Buzz By Bar Fly 464 464
TOTAL SQUARE FOOTAGE BY PHASE 9,194 5,222 14,416

PERCENTAGE OF TOTAL COMMERCIAL

PROGRAM BUILT PER PHASE

63.78% 36.22% 100.00%
Phase 1 Construction
In phase one PL will introduce to the PSP guests five new concepts offering six new hospitality experiences to create a real impact for the 2023 peak travel season.

This includes a diverse mix including:
• Nine Cities Craft – local craft beer and cocktails casual dine concept (F&B 1) • El Mirasol QSR – a local Mexican favorite brand QSR (F&B 4) • El Mirasol Bar – a unique indoor / outdoor experience with covered patio including TV’s (F&B 4)
• Coachella Valley Coffee – offering local brewed coffee, baked goods, and more (F&B 4) • Buzz by Bar Fly – exciting bar near the hold room (F&B 5) • Half Moon Empanadas – quick serveice outdoor dining experience with coffee and ready to serve drinks (F&B 5)
Phase 1 also includes the new commissary kitchen to support the entire PSP hospitality program.

F&B 4 has been deemed a priority location by PSP and PL agree so it is included in Phase 1.

Nine Cities Craft, Buzz by Bar Fly, Half Moon Empanadas have been prioritized in Phase 1 as they can be opened quickly as indicated on our schedules. Nine Cities Craft leverages much of the existing infrastructure and operational model limiting construction period.

Buzz by Bar Fly and Half Moon Empanadas will be mostly fabricated off site reducing time in construction and onsite airport disruption.

Phase 1 represents 64% of our proposed entire food and beverage program square footage.

Phase 2 Construction
Vino Volo (F&B 2/3) and Trio (F&B 5) will be permitted at the same time as Phase 1 sites.

However, they will require longer procurement and construction periods and therefore we have scheduled to commence construction in May 2024 to avoid guest disruption during the 2023 peak season on both the standard and fast-tracked schedules.

We have planned for a temporary food and beverage location at the Vino Volo site during its construction.

Trio will leverage the new Half Moon Empanadas and Buzz By Bar Fly to serve guests during construction so does not require a temporary unit that could slow completion.

Phase 2 represents the remaining 36% of our proposed food and beverage program.

Should the Airport wish these two locations to be constructed earlier or phased independently PL are happy to do so and would work with the Airport to accommodate this request and limit guest disruption during peak season 2023.

The attached phasing plans reflect the evolution of today’s dining program to the fully developed program defined here.

Item 3A - Page 202
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Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE: CONSTRUCTION/PHASING PLAN | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 4.

Phase 1
Phase 2
F&B 4: Phase 1
(Celebrity Bistro)
F&B 1: Phase 1
(Buzz By Bar Fly)
F&B 5: Phase 1
(Fountain)
F&B 5: Phase 1
F&B 2/3: Phase 2
(PSP Coffee/Wine Bar)
F&B 5: Phase 2
(Santa Rosa
Kitchen)
CONSTRUCTION/PHASING PLAN F&B | MAP
Item 3A - Page 203
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Paradies laggfv<Jtf!t smarL
AIRPORT CONCESSIONS RETAIL FOOD & BEVERAGE: CONSTRUCTION/PHASING PLAN | SEPTEMBER 2022 PARADIES LAGARDÈRE
PALM SPRINGS INTERNATIONAL AIRPORT RFP 5.

CONSTRUCTION/PHASING PLAN F&B: STANDARD PROCESS
ID Task
Mod
Task Name Duration Start
0 PSP F&B Package Build Out Schedule ‐ Standard Process 455 days Mon 23‐01‐02 1 1 PL Airport Design Approval & Permitting Phase (All Locations At Same Time) 177 days Mon 23‐01‐02 2 1.1 PL Contract With PSP Finalized 0 days Mon 23‐01‐02 3 1.2 DRC Approval  Process 25 days Mon 23‐01‐02
4 1.2.1 PL DRC Preparation Phase (All Locations) 15 days Mon 23‐01‐02 5 1.2.2 PL DRC Presentation 0 days Fri 23‐01‐20
6 1.2.3 PSP DRC Review Period 10 days Mon 23‐01‐23
7 1.2.4 PSP DRC Issue Comments To PL 0 days Fri 23‐02‐03 8 1.3 PL Site Due Diligence / Investigation Works ‐ Infrastructure / Services Prior To DRC Presentation 10 days Mon 23‐01‐02 9 1.4 Demolition Permit Phase F&B 5 Fountain Only & Entire F&B 4 Location 63 days Mon 23‐02‐06 10 1.4.1 PL Demo Permit Design Phase ‐ F&B 5 Fountain & Entire F&B 4 Location 20 days Mon 23‐02‐06 11 1.4.2 PL Issues Demo Permit Drawings To PSP For Review 0 days Fri 23‐03‐03 12 1.4.3 PSP Demo Permit Drawing Review Period 5 days Mon 23‐03‐06 13 1.4.4 PSP Issue Demo Permit Drawing Comments To PL 0 days Fri 23‐03‐10 14 1.4.5 PL Revisions To Demo Permit Drawings 2 days Mon 23‐03‐13 15 1.4.6 PL Resubmits Demo Permit Drawings To PSP For Review 0 days Tue 23‐03‐14 16 1.4.7 PSP Demo Permit Drawing Resubmission Review Period 5 days Wed 23‐03‐15 17 1.4.8 PSP Approve PL To Submit For Demo Permit 0 days Tue 23‐03‐21 18 1.4.9 PL Prepare Demo Permit Submission 1 day Wed 23‐03‐22 19 1.4.10 PL Submit Demo Permit 0 days Wed 23‐03‐22
20 1.4.11 City Demo Permit Review Period 30 days Thu 23‐03‐23 21 1.4.12 PL Receive Demo Permit 0 days Wed 23‐05‐03
22 1.5 Build Out Permit Phase ‐ All Locations 152 days Fri 23‐02‐03 23 1.5.1 PL Approved To Start 30% (DRC comments to be incorporated in 30% submission) 0 days Fri 23‐02‐03 24 1.5.2 PL 30% Design Phase (All Locations) 20 days Mon 23‐02‐06 25 1.5.3 PL Issues 30% Drawings To PSP For Review 0 days Fri 23‐03‐03 26 1.5.4 PSP 30% Review Period 10 days Mon 23‐03‐06
27 1.5.5 PSP Issue 30% Comments To PL (30% comments to be incorporated in 60% submission) 0 days Fri 23‐03‐17 28 1.5.6 PL 60% Design Phase (All Locations) 25 days Mon 23‐03‐20 29 1.5.7 PL Issues 60% Drawings To PSP For Review 0 days Fri 23‐04‐21 30 1.5.8 PSP 60% Review Period 10 days Mon 23‐04‐24
31 1.5.9 PSP Issue 60% Comments To PL (60% comments to be incorporated in 100% submission) 0 days Fri 23‐05‐05 32 1.5.10 PL 100% Design Phase (All Locations) 30 days Mon 23‐05‐08 33 1.5.11 PL Issues 100% Drawings To PSP For Review 0 days Fri 23‐06‐16 34 1.5.12 PSP 100% Review Period 10 days Mon 23‐06‐19
35 1.5.13 PSP Issue 100% Comments To PL 0 days Fri 23‐06‐30 36 1.5.14 PL Revisions To 100% Design Phase (All Locations) 5 days Mon 23‐07‐03 37 1.5.15 PL Resubmits 100% Drawings To PSP For Review 0 days Fri 23‐07‐07 38 1.5.16 PSP 100% Resubmission Review Period 10 days Mon 23‐07‐10 39 1.5.17 PSP Approve PL To Submit For Permit 0 days Fri 23‐07‐21 40 1.5.18 PL Prepare Permit Submission 2 days Mon 23‐07‐24 41 1.5.19 PL Submit For Permit 0 days Tue 23‐07‐25
42 1.5.20 City Permit Review Period 30 days Wed 23‐07‐26 43 1.5.21 PL Receive Permit 0 days Tue 23‐09‐05
44 2 Phase 1 ‐ Construction Phase ‐ Nine Cities Craft (F&B 1) 88 days Wed 23‐09‐06 45 2.1 Ph 1 ‐ Pre Construction 3 days Wed 23‐09‐06
46 2.2 Ph 1 ‐ Construction Start 0 days Fri 23‐09‐08
47 2.3 Ph 1 ‐ Construction Period 80 days Mon 23‐09‐11
48 2.4 Ph 1 ‐ Deficiency Period 5 days Mon 24‐01‐01
49 2.5 Ph 1 ‐ Staff Training & Merchandizing 5 days Mon 24‐01‐01 50 2.6 Ph 1 ‐ Open For Business 0 days Fri 24‐01‐05
51 3 Phase 1 ‐ Construction Phase ‐ Commissary Kitchen, El Mirasol QSR and Indoor/Outdoor Bar, Coachella Valley Coffee (F&B 4) 197 days Thu 23‐05‐04 52 3.1 Demolition (Prior to Peak Season To Limit Disruption To Guests & Pick Up Site Condition in 100% Drawings) 25 days Thu 23‐05‐04 53 3.2 Ph 1 ‐ Pre Construction 3 days Wed 23‐09‐06
54 3.3 Ph 1 ‐ Construction Start 0 days Fri 23‐09‐08
55 3.4 Ph 1 ‐ Construction Period 100 days Mon 23‐09‐11 56 3.5 Ph 1 ‐ Deficiency Period 5 days Mon 24‐01‐29
57 3.6 Ph 1 ‐ Staff Training & Merchandizing 5 days Mon 24‐01‐29 58 3.7 Ph 1 ‐ Open For Business 0 days Fri 24‐02‐02
59 4 Phase 1 ‐ Construction Phase ‐ Buzz By Barfly (F&B 5) 167 days Thu 23‐05‐04 60 4.1 Demolition (Prior to Peak Season To Limit Disruption To Guests & Pick Up Site Condition in 100% Drawings) 25 days Thu 23‐05‐04 61 4.2 Offsite Fabrication 60 days Wed 23‐07‐26
62 4.3 Ph 1 ‐ Pre Construction 3 days Wed 23‐10‐18
63 4.4 Ph 1 ‐ Construction Start 0 days Fri 23‐10‐20
64 4.5 Ph 1 ‐ Construction Period 40 days Mon 23‐10‐23
65 4.6 Ph 1 ‐ Deficiency Period 5 days Mon 23‐12‐18
66 4.7 Ph 1 ‐ Staff Training & Merchandizing 5 days Mon 23‐12‐18 67 4.8 Ph 1 ‐ Open For Business 0 days Fri 23‐12‐22
68 5 Phase 1 ‐ Construction Phase ‐ Half Moon Empanadas Kiosk (F&B 5) 88 days Wed 23‐07‐26 69 5.1 Offsite Fabrication 50 days Wed 23‐07‐26
70 5.2 Ph 1 ‐ Pre Construction 3 days Wed 23‐10‐04
71 5.3 Ph 1 ‐ Construction Start 0 days Fri 23‐10‐06
72 5.4 Ph 1 ‐ Construction Period 30 days Mon 23‐10‐09
73 5.5 Ph 1 ‐ Deficiency Period 5 days Mon 23‐11‐20
74 5.6 Ph 1 ‐ Staff Training & Merchandizing 5 days Mon 23‐11‐20 75 5.7 Ph 1 ‐ Open For Business 0 days Fri 23‐11‐24
76 6 Phase 2 Construction Phase  ‐ Vino Volo (Avoiding Peak Season Disruption) (F&B 2/3) 108 days Wed 24‐05‐01 77 6.1 Ph 2 ‐ Pre Construction 3 days Wed 24‐05‐01
78 6.2 Ph 2 ‐ Construction Start 0 days Fri 24‐05‐03
79 6.3 Ph 2 ‐ Construction Period 100 days Mon 24‐05‐06 80 6.4 Ph 2 ‐ Deficiency Period 5 days Mon 24‐09‐23
81 6.5 Ph 2 ‐ Staff Training & Merchandizing 5 days Mon 24‐09‐23 82 6.6 Ph 2 ‐ Open For Business 0 days Fri 24‐09‐27
83 7 Phase 2 Construction Phase  ‐ Trio Main Restaurant & Patio (Avoiding Peak Season Disruption) (F&B 5) 108 days Wed 24‐05‐01 84 7.1  Ph 2 ‐ Pre Construction 3 days Wed 24‐05‐01
85 7.2  Ph 2 ‐ Construction Start 0 days Fri 24‐05‐03
86 7.3  Ph 2 ‐ Construction Period 100 days Mon 24‐05‐06 87 7.4  Ph 2 ‐ Deficiency Period 5 days Mon 24‐09‐23
88 7.5  Ph 2 ‐ Staff Training & Merchandizing 5 days Mon 24‐09‐23 89 7.6  Ph 2 ‐ Open For Business 0 days Fri 24‐09‐27
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06-16
06-30
07-07
07-21
07-25
09-05
09-08
01-05
09-08
02-02
10-20
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10-06
11-24
05-03
09-27
05-03
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12-1812-2501-0101-0801-1501-2201-2902-0502-1202-1902-2603-0503-1203-1903-2604-0204-0904-1604-2304-3005-0705-1405-2105-2806-0406-1106-1806-2507-0207-0907-1607-2307-3008-0608-1308-2008-2709-0309-1009-1709-2410-0110-0810-1510-2210-2911-0511-1211-1911-2612-0312-1012-1712-2412-3101-0701-1401-2101-2802-0402-1102-1802-2503-0303-1003-1703-2403-3104-0704-1404-2104-2805-0505-1205-1905-2606-0206-0906-1606-2306-3007-0707-1407-2107-2808-0408-1108-1808-2509-0109-0809-1509-2209-2910-0610 ber 2023 January 2023 February 2023 March 2023 April 2023 May 2023 June 2023 July 2023 August 2023 September 2023 October 2023 November 2023 December 2024 January 2024 February 2024 March 2024 April 2024 May 2024 June 2024 July 2024 August 2024 September 2024 Octob Task
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