Agenda packet — Palm Springs City Council, March 23, 2023 (part 1 of 5)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

MARCH 23, 2023

4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m.

Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

4:00PM CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

March 23, 2023 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

By motion, find that:

The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and

1. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

2. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

3. B. APPROVAL OF PAYROLL AND WARRANTS RESOLUTION
RECOMMENDATION:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/
DISBURSEMENTS FOR THE PERIOD ENDING 02-04-23 AND 02-18-23 TOTALING $4,039,924.79 AND ACCOUNTS PAYABLE WARRANTS DATED 02-02-23 AND 02-16-23 TOTALING $7,028,544.68, IN THE AGGREGATE AMOUNT OF $11,068,469.47, DRAWN ON BANK OF AMERICA.

C. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of March 9, 2023.

D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE March 23, 2023 City Council Regular Meeting Agenda 3
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of February 1 through February 28, 2023.

E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES RECOMMENDATION:

Waive the full reading of text in its entirety, read by title only, and conduct second reading/adoption of Ordinance No. 2082, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.”

F. ADOPTION OF THE 2023 AUTOMATIC AID AGREEMENT AND OPERATING

PLAN BETWEEN THE PALM SPRINGS FIRE DEPARTMENT AND RIVERSIDE

COUNTY FIRE DEPARTMENT
RECOMMENDATION:

Approve the 2023 Automatic Aid Agreement and Operating Plan between the Palm Springs Fire Department and the Riverside County Fire Department.

1. Authorize the Interim City Manager to execute the agreement. 2.

G. APPROVE SERVICE AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES, INC., DBA PCI FOR AIRFIELD RUBBER AND PAINT REMOVAL AND PAINT

APPLICATION SERVICES
RECOMMENDATION:

Approve Contract Services Agreement 23B043 (Attachment A) with WGJ Enterprises, Inc. dba PCI to provide airfield rubber and paint removal and paint application services in an amount not to exceed $660,000, for the initial three-year term beginning April 1, 2023, through March 31, 2026, with two one-year extension options at the City’s sole discretion; and

1. Appropriate $660,000 from Airport Fund 415 to the account 4157030.40105 budget; and

2. Authorize the City Manager or designee to execute all necessary documents.3.

H. APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT March 23, 2023 City Council Regular Meeting Agenda 4
H. APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT NO. A9276 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC. FOR

RADIO EQUIPMENT REPAIR, INSTALLATION, AND MAINTENANCE SERVICES RECOMMENDATION:

Approve Amendment No. 1 to Cooperative Purchase Agreement A9276 (Attachment A) with Airwave Communications Enterprises Inc. to provide the old repeater and new repeater maintenance services and any radio repair and installation services for all City Departments in an amount not to exceed $300,000, and

1. Authorize the City Manager or designee to execute all necessary documents.2.

I. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 23C029 WITH BRIGHTLY SOFTWARE, INC. FOR FACILITIY MANAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED $31,268.65
RECOMMENDATION:

In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” approve Cooperative Purchase Agreement 23C029 (Attachment A) with Brightly Software, Inc., in an amount not to exceed $31,268.65 beginning April 1, 2023, continuing through March 31, 2026.

1. Authorize the City Manager or designee to execute all necessary documents.2.

J. AWARD A SERVICE AGREEMENT WITH INTERVISTAS CONSULTING USA,

LLC FOR FEDERAL INSPECTION SERVICES (FIS) FACILITY STUDY RECOMMENDATION:

Award a one-year service agreement with InterVISTAS Consulting USA LLC for a two-phased study for a Federal Inspection Services (FIS) Facility Study for an estimated amount not to exceed $385,000 (Attachment A);

1. Appropriate $315,000 from Airport Fund 416 to the account 4167065-80000 budget; and

2. Authorize the City Manager or designee to execute the agreement. 3.

K. APPROVE AGREEMENT NO. 23B046 WITH DESERT FIRE EXTINGUISHER CO., INC. FOR FIRE SUPPRESSION AND FIRE EXTINGUISHER

MAINTENANCE, TESTING, AND INSPECTION SERVICES
RECOMMENDATION:

Approve Contract Services Agreement 23B046 (Attachment A) with Desert Fire Extinguisher Co., Inc., to provide fire suppression system and fire extinguisher maintenance, testing, and inspection services for an amount not to exceed $300,000, beginning April 1, 2023, through March 31, 2026, with two one-year extension options at the City’s sole discretion;

1. Authorize the City Manager or designee to execute all necessary documents. 2.

March 23, 2023 City Council Regular Meeting Agenda 5
L. APPROVAL OF A FOUR-YEAR COMMUNITY WORKFORCE ADMINISTRATION SERVICES AGREEMENT WITH TSG ENTERPRISES, INC. DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $200,000
RECOMMENDATION:

Approve a four-year service agreement with TSG Enterprises, Inc. dba The Solis Group, for the administration of the City’s Community Workforce Agreement for an estimated amount not to exceed $200,000.

1. Authorize the City Manager or designee to execute the agreement. 2.

M. AWARD OF A CONSTRUCTION CONTRACT TO SELECT ELECTRIC, INC., IN THE AMOUNT OF $3,485,843 AND APPROVAL OF A PROFESSIONAL

SERVICES AGREEMENT WITH KOA CORPORATION FOR CONSTRUCTION

MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICES FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18 RECOMMENDATION:

Award a construction contract to Select Electric, Inc., a California corporation, in the amount of $3,485,843 for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18 (“the Project);

1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $348,584 (10%) with all change orders reported to the City Council at project completion;

2. Approve a Professional Services Agreement with KOA Corporation, a California corporation, in the amount of $442,259.55 for construction management, inspection and materials testing services for Highway Safety Improvement Project (Cycle 8), HSIPLN-5282(047), City Project No. 16-18; and,

3. Authorize the City Manager or designee to execute all necessary documents. 4.

N. APPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF $1,000 FOR OUTREACH AND EDUCATION SUPPLIES AND MATERIALS.

RECOMMENDATION:

Approve $1,000 of Public Arts Funds to purchase materials and supplies related to public arts community outreach and education.

O. APPROVE PUBLIC ART COMMUNITY GRANT IN THE AMOUNT OF $5,000

FOR THE RED DRAGON ART PIECE IN THE OLD LAS PALMAS

NEIGHBORHOOD
RECOMMENDATION:

Approve Public Art Community Grant to the Old Las Palmas Neighborhood Organization in the amount of $5,000 for the Red Dragon artwork by artist Delos Van Earl on the West Chino Drive median, west of Belardo Road and east of North March 23, 2023 City Council Regular Meeting Agenda 6
Van Earl on the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road.

P. ACCEPTANCE OF PAVILION ACOUSTIC UPGRADES, CITY PROJECT 20-27 RECOMMENDATION:

Accept the public works improvement, identified as the subject project, as completed in accordance with the plans and specifications; and,

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the subject project.

2. Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE SKYLIGHT RAILING PROJECT, CITY PROJECT NO. 18-20
RECOMMENDATION:

Approve the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the Skylight Railing Project, City Project No. 18-20 (“Project”).

R. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND

AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT (WWTP)
SLUDGE DRYING BEDS, CITY PROJECT 21-05
RECOMMENDATION:

Accept the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the WWTP Sludge Drying Beds, City Project 21-05 (“the Project”).

S. ACCEPTANCE OF THE TRAFFIC CALMING PROJECT FY21-22, CITY PROJECT 22-23
RECOMMENDATION:

Accept the public works improvement identified as Traffic Calming Project FY21-22, City Project No. 22-23, as completed in accordance with the plans and specifications; and,

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Traffic Calming Project FY21-22, City Project No. 22-23.

2. T. APPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF $6,500 TO PAINT BENCHES AND TABLES AS PART OF THE WORLD ART NIGHT EVENT AT DEMUTH PARK; APPROVE ARTIST AGREEMENTS WITH FOUR ARTISTS; AND APPROVE AMENDMENT TO AGREEMENT WITH TYSEN

KNIGHT PRODUCTIONS FOR PUBLIC ART REPAIR AND MAINTENANCE SERVICES.

RECOMMENDATION:

March 23, 2023 City Council Regular Meeting Agenda 7
RECOMMENDATION:

Approve Artist Agreement with Manny Doublin in the amount of $1,500. 1.

Approve Artist Agreement with Diane Morgan in the amount of $1,500. 2.

Approve Artist Agreement with Jamie O'Neil in the amount of. $1,000. 3.

Approve Artist Agreement with Isidro Zepeda in the amount of $1,000. 4.

Approve Amendment No. 4 to the Agreement with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $1,500 for a total amount of $21,500.

5. U. RESOLUTION DECLARING SUPPORT FOR THE PROPOSED CHUCKWALLA

NATIONAL MONUMENT DESIGNATION AND EXPANSION OF JOSHUA TREE NATIONAL PARK.

RECOMMENDATION:

Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS SUPPORT FOR

DESIGNATION OF THE PROPOSED CHUCKWALLA NATIONAL MONUMENT AND EXPANSION OF JOSHUA TREE NATIONAL PARK.”

V. RATIFY THE NOMINATION OF THE CITY OF RANCHO MIRAGE TO THE PALM

SPRINGS INTERNATIONAL AIRPORT COMMISSION
RECOMMENDATION:

Appoint Keith Young, representing the City of Rancho Mirage, to the Palm Springs International Airport Commission effective immediately, for the remainder of the term, expiring July 1, 2024. Thomas Weil resigned from this term on December 23, 2022. Kevin Young is finishing out the remainder of the term.

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

A. A REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO

THE PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND

TENTATIVE TRACT MAP FOR THE DREAM HOTEL TO INCLUDE THE
ADDITION OF 24 CONDOMINIUM UNITS TO THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF THE 12 CONDOMINIUM UNITS AT THE NORTHWEST AREA OF THE SITE; AND AN INCREASE IN THE NUMBER OF TOWER CONDOMINIUM UNITS FROM 28 TO 29 UNITS AND MODIFICATIONS

TO THE FINAL LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT

THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO
ROAD, ZONE PDD 333, SECTION 14. (CASE 5.1132-PD 333/TTM 35236) March 23, 2023 City Council Regular Meeting Agenda 8
THIS ITEM IS REQUESTED TO BE CONTINUED TO A DATE UNCERTAIN.

B. AN APPLICATION BY DAVID HOWARD AND AN LY FOR HISTORIC DESIGNATION OF “THE HUTCHENS RESIDENCE” LOCATED AT 1177 EAST MESQUITE AVENUE, (APN #508-380-022), CASE HSPB #144
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

Close the public hearing and adopt Resolution No. _____, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE HUTCHENS RESIDENCE” LOCATED 1177 EAST
MESQUITE AVENUE, AS A CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #144, SUBJECT TO CONDITIONS (APN 508-380-022).”

2. C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL

ACTION PLAN AND BUDGET PUBLIC HEARING
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

Review the draft 2023-2024 CDBG Budget and Annual Action Plan and provide direction to staff

2. Schedule a Public Hearing for April 27, 2023, to approve and adopt the 2023-2024 CDBG Budget and Annual Action Plan.

3. 3. BUSINESS & LEGISLATIVE:

A. REQUEST TO APPROVE THE ENVIRONMENTALLY PREFERABLE
PURCHASING POLICY.

RECOMMENDATION:

Approve the Environmentally Preferable Purchasing Policy (EPPP) and incorporate them as an attachment to the City’s Procurement and Contracting Policy (Title 7 of the City’s Municipal Code).

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA March 23, 2023 City Council Regular Meeting Agenda 9

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Cassandra Edney, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on Friday, March 24, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Cassandra Edney,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

March 23, 2023 City Council Regular Meeting Agenda 10

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:
4:00PM CLOSED SESSION
Attachments
Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, March 23, 2023 – 4:00 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference . There will be in- person public access to the meeting l ocation.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760- 323-8204 to be added to the queue.

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

EXISTING LITIGATION G.C. § 54956.9(d)( 1)

Committee to Relocate Marilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., Case No.

CVRI2101435 (4
th Appellate District Division 2, Case No. E077773 & E 076921; Transferred to 4th Appellate District Division 1, Case No. D080907)

INITIATION OF LITIGATION GC.§ 54956.9(d)(4)

Under existing facts and circumstances, there is one (1) matter the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATORS _____G.C. § 54957.6

City Negotiators: Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, HR Director
Peter Brown, Legal Counsel
Employee organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

By motion, find that:

The City Council has reconsidered the circumstances of the state of emergency.

Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and

1. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

3. Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: March 23, 2023 CONSENT CALENDAR
SU
BJECT: FI NDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM:

BY:

Scott C. Stiles, City Manager
Brenda Pree, City Clerk
RE
COMMENDATION:

By motion, find that:

1. The City Council has reconsidered the circumstances of the state of emergency.

2. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

3. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e) (2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

AB 361 added section 54953(e) to the Brown Act, authorizing legislative bodies (City Council, Boards, and Commissions) to conduct remote meetings provided the legislative body makes specified findings on a regular basis . S ection 54953(e)(3) authorizes the City Council and its subordinate bodies to continue to conduct remote and/or hybrid public meetings, provided the procedural requirements of AB 361 are met.

In order to continue meeting by remote teleconferencing, a required condition is that the City Council find that state or local officials have imposed or recommended measures to promote social (physical) distancing, and that the legislative body continues to make Item 1A - 1
certain findings by majority vote at least every 30 days.

Among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations at Title 8 Section 3205 recommend physical distancing in the workplace as precautions against the spread of COVID-19 and imposes certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances .

And, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID-19.

Under AB 361, teleconferenced meetings must meet the following requirements:
• All votes taken during a teleconferenced meeting must be by rollcall. • Whenever notice of the time of the meeting is given or the agenda for the meeting is posted, the legislative body must also provide notice of the means by which members of the public can access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via a call- in option or an internet-based service option.
• In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body cannot take any further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. • The legislative body can not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
• An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. • With regard to public comments:
• A legislative body that provides a timed public comment period for each agenda item cannot close the public comment period for the agenda item, or the opportunity to register, to provide public comment until that timed public comment period has elapsed.
• A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, must allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register/log on, or otherwise be recognized for the purpose of providing public comment. • A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item can not close the public comment period or the opportunity to register/log on, until the timed general public comment period has elapsed.

Item 1A - 2
City Council Staff Report
March 23, 2023 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
Item 1A - 3

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

APPROVAL OF PAYROLL AND WARRANTS RESOLUTION
RECOMMENDATION:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

Attachments
Item 1B
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 02-04-23 AND 0 2-18-23 TOTALING
$4,039,924.79 AND ACCOUNTS PAYABLE WARRANTS
DATED 02-02-23 AND 0 2-16-23 TOTALING $7,028,544.68,
IN THE AGGREGATE AMOUNT OF $ 11,068,469.47,
DRAWN ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and

WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

Kristopher J. Mooney
Acting Director of Finance and Treasury

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.

ADOPTED THIS 23RD DAY OF MARCH, 2023
.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 1B - Page 1
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE

CITY CLERK
Item 1B - Page 2

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Acting Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,025,723.99
DEFERRED COMP: NATIONWIDE 26,583.17
ICMA RHS CONTRIBUTION 20,912.50
CA DCCS 2,881.54
STATE TAXES 94,870.02
11,737.86
VENDOR WIRE PYMTS 4,855.85
DEFERRED COMP: ICMA 457 40,299.01
LIABILITY CHECK REGISTER 2008527-2008540 25,948.61
PAYROLL DIRECT DEPOSITS 1,493,805.43
FEDERAL TAXES 287,619.30
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422258-422264 16,210.70
March 23, 2023
PAYROLL PERIOD ENDING 2/4/2023
PAY DATE 2/10/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 03232023 |3/9/2023 | 3:21 PM (AM) 1 | 1 Item 1B - Page 3

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Acting Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,014,200.80
DEFERRED COMP: NATIONWIDE 26,533.17
ICMA RHS CONTRIBUTION 20,912.50
CA DCCS 2,881.54
STATE TAXES 91,682.13
11,737.85
VENDOR WIRE PYMTS 4,855.83
DEFERRED COMP: ICMA 457 39,811.51
LIABILITY CHECK REGISTER 2008841-2008854 26,460.11
PAYROLL DIRECT DEPOSITS 1,493,418.01
FEDERAL TAXES 278,491.46
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422265-422274 17,416.69
March 23, 2023
PAYROLL PERIOD ENDING 2/18/2023
PAY DATE 2/24/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 03232023 (2) |3/9/2023 | 3:24 PM (AM) 1 | 1 Item 1B - Page 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2023 10:10
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008265 02/02/2023 PRINTED 100180 AMERICAN ASSOCIATION OF A 275.00 2008266 02/02/2023 PRINTED 101208 ABM AVIATION INC 83,252.24 2008267 02/02/2023 PRINTED 100400 ACCOUNTEMPS/OFFICE TEAM 6,431.88 2008268 02/02/2023 PRINTED 100024 ACE PRINTING 365.99 2008269 02/02/2023 PRINTED 101028 AEG BUREAU OF TOURISM 22,197.09 2008270 02/02/2023 PRINTED 101028 AEG BUREAU OF TOURISM 25,207.91 2008271 02/02/2023 PRINTED 101028 AEG BUREAU OF TOURISM 30,522.56 2008272 02/02/2023 PRINTED 101938 AEK CAPITAL MANAGEMENT LL 58,928.35 2008273 02/02/2023 PRINTED 100403 AETNA 19,196.63 2008274 02/02/2023 PRINTED 101254 AIR EXCHANGE INC 689.67 2008275 02/02/2023 PRINTED 103273 ALFARO COMMUNICATIONS CON 236,217.60 2008276 02/02/2023 PRINTED 101228 ALL GREEN ELECTRONICS REC 825.00 2008277 02/02/2023 PRINTED 100375 ALL STAR GLASS 556.95 2008278 02/02/2023 PRINTED 100755 ALTA LANGUAGE SERVICES IN 4,552.00 2008279 02/02/2023 PRINTED 101245 THE ALTUM GROUP 3,262.63 2008280 02/02/2023 PRINTED 016012 LUIS ALVAREZ 913.70 2008281 02/02/2023 PRINTED 103781 AMAZON.COM SALES INC 1,467.13 2008282 02/02/2023 PRINTED 016447 JESUS ARENAS 1,500.00 2008283 02/02/2023 PRINTED 100419 MARTIN VINTON WEBSTER 2,242.50 2008284 02/02/2023 PRINTED 100370 AT&T 583.22 2008285 02/02/2023 PRINTED 103384 AVIATRIX COMMUNICATIONS 1,350.00 2008286 02/02/2023 PRINTED 015419 DUSTIN AVNER 440.00 2008287 02/02/2023 PRINTED 103994 BANNER BANK 17,159.29 2008288 02/02/2023 PRINTED 010911 RYAN D BARRIER 469.75 2008289 02/02/2023 PRINTED 101049 MARY BARSALEAU 1,813.00 2008290 02/02/2023 PRINTED 101488 BIO SOCAL 1,290.00 2008291 02/02/2023 PRINTED 100366 BIO TOX LABORATORIES 5,675.00 2008292 02/02/2023 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 602,981.50 2008293 02/02/2023 PRINTED 100128 BRODART CO 3,626.24 2008294 02/02/2023 PRINTED 101331 BRUCE ALAN BOWER 4,404.35 2008295 02/02/2023 PRINTED 101463 VARSITY BRANDS HOLDING CO 611.72 2008296 02/02/2023 PRINTED 100234 BURRTEC ENVIRONMENTAL 2,428.03 2008297 02/02/2023 PRINTED 100623 CA BUILDING STANDARDS COM 4,561.20 2008298 02/02/2023 PRINTED 101288 CALIFORNIA BOILER 1,104.33 2008299 02/02/2023 PRINTED 015951 JENNIFER RIVERA CALLEROS 1,000.00 2008300 02/02/2023 PRINTED 100551 CAPIO 60.00 2008301 02/02/2023 PRINTED 016061 SHAWN CARLIN 935.00 2008302 02/02/2023 PRINTED 015238 WILLIE CASTILLO 1,500.00 2008303 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.46 2008304 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,300.00 2008305 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 156.56 2008306 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 219.98 2008307 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.46 2008308 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.46 2008309 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.46 2008310 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.46 2008311 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 227.32 2008312 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 299.99 2008313 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 108.94 2008314 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 154.99 2008315 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 229.98 2008316 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 319.98 Item 1B - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2023 10:10
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008317 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 129.99 2008318 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,319.81 2008319 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,769.00 2008320 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 208.79 2008321 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,215.74 2008322 02/02/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 182.19 2008323 02/02/2023 PRINTED 104131 CHOWS GENERATIONS LLC 6,978.13 2008324 02/02/2023 PRINTED 100558 CINTAS CORPORATION 554.59 2008325 02/02/2023 PRINTED 100573 CLEAN ENERGY FUELS 3,417.09 2008326 02/02/2023 PRINTED 101755 CNS ENGINEERS INC 100,877.83 2008327 02/02/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 4,716.00 2008328 02/02/2023 PRINTED 100928 COLANTUONO HIGHSMITH AND 15,065.00 2008329 02/02/2023 PRINTED 015816 JOSEPH CONLON 161.62 2008330 02/02/2023 PRINTED 104163 TYLER CONRAD 55.00 2008331 02/02/2023 PRINTED 015898 JOSEPH COOK 594.00 2008332 02/02/2023 PRINTED 103771 CORE COMPLIANCE LLC 21,150.00 2008333 02/02/2023 PRINTED 101598 CORODATA RECORDS MANAGEME 119.44 2008334 02/02/2023 PRINTED 100528 COSTUME SPECIALISTS INC 475.00 2008335 02/02/2023 PRINTED 100205 NANCY K BOHL INC 2,050.00 2008336 02/02/2023 PRINTED 100751 COUNTY OF RIVERSIDE EMD 350.34 2008337 02/02/2023 PRINTED 100865 CPI / COBRA PROFESSIONALS 2,477.50 2008338 02/02/2023 PRINTED 100490 CVCC 2,999.70 2008339 02/02/2023 PRINTED 015590 ARASELI DE LA ROSA 35.00 2008340 02/02/2023 PRINTED 100265 DELL MARKETING LP 50,902.03 2008341 02/02/2023 PRINTED 101281 DELTA DENTAL HMO 1,562.97 2008342 02/02/2023 PRINTED 100091 DEPARTMENT OF CONSERVATIO 13,599.91 2008343 02/02/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 948.00 2008344 02/02/2023 PRINTED 016225 JAMES DANIEL DESELMS 150.00 2008345 02/02/2023 PRINTED 103589 DESERT ARC 2,056.25 2008346 02/02/2023 PRINTED 104169 CALIFORNIA ALLIANCE FOR C 26,000.00 2008347 02/02/2023 PRINTED 100117 DESERT ELECTRIC SUPPLY 3,808.94 2008348 02/02/2023 PRINTED 100048 DESERT FIRE EXTINGUISHER 615.97 2008349 02/02/2023 PRINTED 101227 DISCOUNT TWO-WAY RADIO CO 130.81 2008350 02/02/2023 PRINTED 100676 DIVISION OF THE STATE ARC 690.00 2008351 02/02/2023 PRINTED 104161 ALFREDO DEL CID DONIS 639.00 2008352 02/02/2023 PRINTED 101244 DOWNS ENERGY 30,675.49 2008353 02/02/2023 PRINTED 100616 DREAM SHAPERS 425.00 2008354 02/02/2023 PRINTED 100984 DTPS C-15 LLC 3,278.19 2008355 02/02/2023 PRINTED 015813 FRANCISCO J DURAN 163.88 2008356 02/02/2023 PRINTED 101179 MARIANA DUSPIVA 1,032.00 2008357 02/02/2023 PRINTED 100054 DESERT WATER AGENCY 30,478.51 2008358 02/02/2023 PRINTED 100054 DESERT WATER AGENCY 3,026.59 2008359 02/02/2023 PRINTED 100054 DESERT WATER AGENCY 32,200.82 2008360 02/02/2023 PRINTED 100750 ELM USA INC 141.99 2008361 02/02/2023 PRINTED 100274 ENGINEERING RESOURCES OF 8,394.50 2008362 02/02/2023 PRINTED 100226 ENTERPRISE RENT A CAR 4,594.37 2008363 02/02/2023 PRINTED 101375 EPACT NETWORK LTD 777.00 2008364 02/02/2023 PRINTED 101496 JULIO G ESCOBEDO JR 2,579.68 2008365 02/02/2023 PRINTED 100376 EXPERIAN 231.00 2008366 02/02/2023 PRINTED 100369 FAIR HOUSING COUNCIL OF R 18,346.49 2008367 02/02/2023 PRINTED 104108 FIELDTECH INTEGRATED PEST 2,720.00 2008368 02/02/2023 PRINTED 101590 FIRST STUDENT INC 546.25 Item 1B - Page 6
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2023 10:10
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008369 02/02/2023 PRINTED 101194 FLEX ADVANTAGE 661.50 2008370 02/02/2023 PRINTED 015746 ROBERT FONTES 458.31 2008371 02/02/2023 PRINTED 015995 BRENT FRANCIS 779.49 2008372 02/02/2023 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,367.65 2008373 02/02/2023 PRINTED 100480 FRIENDS OF THE PALM SPRIN 565.87 2008374 02/02/2023 PRINTED 100480 FRIENDS OF THE PALM SPRIN 13,200.00 2008375 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2008376 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 144.99 2008377 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.91 2008378 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,135.35 2008379 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 75.77 2008380 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 14,252.91 2008381 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 85.09 2008382 02/02/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 150.05 2008383 02/02/2023 PRINTED 100828 FUSION CLOUD SERVICES LLC 294.27 2008384 02/02/2023 PRINTED 104046 GALLAGHER BENEFIT SERVICE 12,500.00 2008385 02/02/2023 PRINTED 100169 GENSLER & ASSOCIATES ARCH 14,844.00 2008386 02/02/2023 PRINTED 015930 DEVIN GILLESPIE 1,500.00 2008387 02/02/2023 PRINTED 100536 GLS 121.24 2008388 02/02/2023 PRINTED 104164 GOVERNORS OFFICE OF BUSIN 75,270.09 2008389 02/02/2023 PRINTED 104079 PATRICIA A GRANA 60.00 2008390 02/02/2023 PRINTED 100681 GREATER PALM SPRINGS PRID 2,500.00 2008391 02/02/2023 PRINTED 016168 NICHOLAS GRIEGO 224.76 2008392 02/02/2023 PRINTED 100521 GRUBER POWER SERVICES 7,813.79 2008393 02/02/2023 PRINTED 011032 FRANK GUARINO 660.00 2008394 02/02/2023 PRINTED 103998 JANE M GUY 408.00 2008395 02/02/2023 PRINTED 104168 HANSON HOUSE FOUNDATION 3,000.00 2008396 02/02/2023 PRINTED 104162 SAMANTHA HERNANADEZ 55.00 2008397 02/02/2023 PRINTED 010884 WILLIAM HUTCHINSON 660.00 2008398 02/02/2023 PRINTED 104170 RAMONA KAY HUTH 500.00 2008399 02/02/2023 PRINTED 100494 IMAGE360 PALM DESERT 3,166.92 2008400 02/02/2023 PRINTED 016141 FRANCISCO JAIME 45.00 2008401 02/02/2023 PRINTED 101700 JNS NEXT CREATIVE AND MED 65.00 2008402 02/02/2023 PRINTED 103751 JOBELEPHANT.COM INC 200.00 2008403 02/02/2023 PRINTED 100336 KEENAN AND ASSOCIATES 20,071.51 2008404 02/02/2023 PRINTED 015592 JEANINE KELLY 70.57 2008405 02/02/2023 PRINTED 101606 KINCAID INDUSTRIES INC 19,713.38 2008406 02/02/2023 PRINTED 016436 MAX KIRK 517.08 2008407 02/02/2023 PRINTED 104139 DIRK KLICK 39.15 2008408 02/02/2023 PRINTED 101475 LA PRENSA HISPANA INC 750.00 2008409 02/02/2023 PRINTED 103962 LCR EARTHWORK & ENGINEERI 18,099.88 2008410 02/02/2023 PRINTED 101713 LESAR DEVELOPMENT CONSULT 14,491.25 2008411 02/02/2023 PRINTED 100332 LIEBERT CASSIDY WHITMORE 11,385.68 2008412 02/02/2023 PRINTED 101309 LNRS DATA SERVICES INC. 1,763.08 2008413 02/02/2023 PRINTED 016368 CAMERON LOPEZ 163.13 2008414 02/02/2023 PRINTED 104150 LSA ASSOCIATES INC 3,178.75 2008415 02/02/2023 PRINTED 016397 DAISY MACIAS 414.26 2008416 02/02/2023 PRINTED 011071 MICHAEL MAIDMENT 1,500.00 2008417 02/02/2023 PRINTED 101513 MARTHA'S VILLAGE AND KITC 40,385.29 2008418 02/02/2023 PRINTED 016433 CHLOE MASON 517.08 2008419 02/02/2023 PRINTED 100425 MJM HOLDINGS INC 7,500.00 2008420 02/02/2023 PRINTED 101798 MIDWEST TAPE INC 6,028.03 Item 1B - Page 7
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2023 10:10
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008421 02/02/2023 PRINTED 101832 MIKE BROWN GRANDSTANDS IN 6,100.00 2008422 02/02/2023 PRINTED 100079 MOHICA TOWING 175.00 2008423 02/02/2023 PRINTED 101855 JORDAN FREEMAN 2,054.52 2008424 02/02/2023 PRINTED 100765 GOVERNMENT REVENUE SOLUTI 9,304.60 2008425 02/02/2023 PRINTED 101211 NAI CONSULTING 16,110.00 2008426 02/02/2023 PRINTED 100040 NBS 7,674.85 2008427 02/02/2023 PRINTED 104157 GLC MANAGEMENT LLC 675.00 2008428 02/02/2023 PRINTED 104057 DONNA S NEWTON 259.00 2008429 02/02/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 2,126.36 2008430 02/02/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 794.90 2008431 02/02/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 7,715.29 2008432 02/02/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 624.00 2008433 02/02/2023 PRINTED 100280 OTIS ELEVATOR COMPANY 3,574.00 2008434 02/02/2023 PRINTED 100282 PACIFIC PRODUCTS AND SERV 10,979.63 2008435 02/02/2023 PRINTED 104128 PALM SPRINGS MODERN COMMI 43,500.00 2008436 02/02/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,507.36 2008437 02/02/2023 PRINTED 100723 PALM SPRINGS COMMUNITY CO 2,500.00 2008438 02/02/2023 PRINTED 101746 PALM SPRINGS CULTURAL CEN 199,735.00 2008439 02/02/2023 PRINTED 100082 PALM SPRINGS MIRROR AND G 5,543.00 2008440 02/02/2023 PRINTED 100133 PALM SPRINGS MOTORS 12,834.74 2008441 02/02/2023 PRINTED 104160 GUADALUPE PEREZ 639.00 2008442 02/02/2023 PRINTED 101434 PLACEWORKS 22,378.05 2008443 02/02/2023 PRINTED 103795 PALM SPRINGS PLAZA THEATR 50,000.00 2008444 02/02/2023 PRINTED 101767 PROFORMA SOCAL 374.33 2008445 02/02/2023 PRINTED 100596 PROPER SOLUTIONS INC 27,604.12 2008446 02/02/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 1,218.46 2008447 02/02/2023 PRINTED 100654 PS RESORTS 73,535.00 2008448 02/02/2023 PRINTED 103895 PUB CONSTRUCTION INC 53,661.15 2008449 02/02/2023 PRINTED 100762 QUADIENT INC 126.50 2008450 02/02/2023 PRINTED 101642 QUENCH USA INC 107.07 2008451 02/02/2023 PRINTED 101493 QUINN RENTAL SERVICE 2,559.77 2008452 02/02/2023 PRINTED 101692 THE QUOTIENT GROUP 2,450.00 2008453 02/02/2023 PRINTED 101230 R S AND H CALIFORNIA INC 82,163.32 2008454 02/02/2023 PRINTED 104173 TODD REEVES 660.00 2008455 02/02/2023 PRINTED 101739 REFRIGERATION SUPPLIES DI 9,575.75 2008456 02/02/2023 PRINTED 016361 MIGUELANGEL REYES 155.50 2008457 02/02/2023 PRINTED 100270 RICOCHET MANUFACTURING CO 8,196.04 2008458 02/02/2023 PRINTED 101363 RICONDO AND ASSOCIATES IN 52,581.78 2008459 02/02/2023 PRINTED 016298 BRANDON RIGG 330.75 2008460 02/02/2023 PRINTED 100086 RIVERSIDE COMMUNITY COLLE 1,840.00 2008461 02/02/2023 PRINTED 101802 ROADLINE PRODUCTS INC USA 9,000.45 2008462 02/02/2023 PRINTED 016434 ALEJANDRA RODRIGUEZ 517.08 2008463 02/02/2023 PRINTED 016025 ZEFERINO RODRIGUEZ 907.02 2008464 02/02/2023 PRINTED 104105 NEIL E ROOD 8,000.00 2008465 02/02/2023 PRINTED 101823 ROYAL CANIN 762.03 2008466 02/02/2023 PRINTED 100563 SBCSD SAN BERNARDINO 200.00 2008467 02/02/2023 PRINTED 101542 SC COMMERCIAL LLC 22,682.81 2008468 02/02/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25,677.61 2008469 02/02/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10,259.04 2008470 02/02/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 194.78 2008471 02/02/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24,768.63 2008472 02/02/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 385.55 Item 1B - Page 8
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2023 10:10
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008473 02/02/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 9,329.31 2008474 02/02/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,336.43 2008475 02/02/2023 PRINTED 100142 SERVPRO 46,242.74 2008476 02/02/2023 PRINTED 100669 SESAC INC 1,104.00 2008477 02/02/2023 PRINTED 015553 DIANA SHAY 52.40 2008478 02/02/2023 PRINTED 100435 THE SHREDDERS 51.00 2008479 02/02/2023 PRINTED 104023 SIEMENS LOGISTICS LLC 10,170.61 2008480 02/02/2023 PRINTED 103804 WEST AVIATION SERVICES-SA 41,318.76 2008481 02/02/2023 PRINTED 101822 SO CAL LAND MAINTENANCE I 16,794.00 2008482 02/02/2023 PRINTED 104053 RKLJS CORP 41,150.00 2008483 02/02/2023 PRINTED 100000 SOUTH COAST AQMD 620.61 2008484 02/02/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 85,051.54 2008485 02/02/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 633.31 2008486 02/02/2023 PRINTED 101356 ST FRANCIS ELECTRIC LLC 87,136.52 2008487 02/02/2023 PRINTED 100084 STERICYCLE INC LLC SHRED 5,605.00 2008488 02/02/2023 PRINTED 103901 STEVE P RADOS INC 326,026.54 2008489 02/02/2023 PRINTED 015616 STEVE URIBES 136.88 2008490 02/02/2023 PRINTED 015207 KYLE STJERNE 764.76 2008491 02/02/2023 PRINTED 100043 SWRCB FEES 2,598.00 2008492 02/02/2023 PRINTED 100448 TALX CORPORATION 1,084.31 2008493 02/02/2023 PRINTED 100900 TERRA NOVA PLANNING AND R 13,986.39 2008494 02/02/2023 PRINTED 104094 CALIFORNIA MULTI-AGENCY S 4,995.00 2008495 02/02/2023 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 5,750.00 2008496 02/02/2023 PRINTED 100301 TRI STAR CONTRACTING INC 69,553.45 2008497 02/02/2023 PRINTED 100646 YOLANDA GELLIS 1,250.00 2008498 02/02/2023 PRINTED 100386 U S CUSTOMS SERVICE 4,333.15 2008499 02/02/2023 PRINTED 100396 ULINE 75.68 2008500 02/02/2023 PRINTED 100063 UNDERGROUND SERVICE ALERT 478.93 2008501 02/02/2023 PRINTED 100384 US BANK 3,300.00 2008502 02/02/2023 PRINTED 100295 US BANK CORPORATE PAYMENT 138,810.29 2008503 02/02/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 197,659.96 2008504 02/02/2023 PRINTED 100468 USPS (QUADRIENT POSTAGE-O 20,000.00 2008505 02/02/2023 PRINTED 101784 V AND V MANUFACTURING 159.60 2008506 02/02/2023 PRINTED 015313 JASON L. VACCARELLO 520.00 2008507 02/02/2023 PRINTED 100200 VALLEY LOCK AND SAFE 8,269.84 2008508 02/02/2023 PRINTED 015945 JUAN VASQUEZ 370.57 2008509 02/02/2023 PRINTED 104034 VERDE FACILITIES SERVICES 41,178.61 2008510 02/02/2023 PRINTED 100621 VERIZON BUSINESS 11.05 2008511 02/02/2023 PRINTED 100144 VERIZON WIRELESS 2,207.25 2008512 02/02/2023 PRINTED 100144 VERIZON WIRELESS 6,625.96 2008513 02/02/2023 PRINTED 103696 ETERNAL LOVE LLC 21,414.96 2008514 02/02/2023 PRINTED 100050 VISION SERVICE PLAN 93.94 2008515 02/02/2023 PRINTED 103530 VOLVO CONSTRUCTION EQUIPM 1,074.74 2008516 02/02/2023 PRINTED 016439 TAMARA WADKINS 660.00 2008517 02/02/2023 PRINTED 015506 JASMINE WAITS 1,215.70 2008518 02/02/2023 PRINTED 101220 WATERLINE TECHNOLOGIES 2,643.31 2008519 02/02/2023 PRINTED 100156 WAXIE SANITARY SUPPLY 32,417.50 2008520 02/02/2023 PRINTED 016450 MARIA WEAVER 23.25 2008521 02/02/2023 PRINTED 100222 WEST COAST ARBORISTS INC 8,699.42 2008522 02/02/2023 PRINTED 101639 WEST COAST HYDRO TESTING 2,925.00 2008523 02/02/2023 PRINTED 100233 WESTERN PUMP INC 542.50 2008524 02/02/2023 PRINTED 104172 WILLIAMS KENNY 660.00 Item 1B - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2023 10:10
User: PatrickW
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008525 02/02/2023 PRINTED 100908 YAMADA SPA MANAGEMENT INC 339.00 2008526 02/02/2023 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,312.17 262 CHECKS CASH ACCOUNT TOTAL 3,971,000.76 .00 Item 1B - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2023 10:10
User: PatrickW
Program ID: apchkrcn

Page 7 ends

UNCLEARED CLEARED
262 CHECKS FINAL TOTAL 3,971,000.76 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/16/2023 12:42
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008541 02/16/2023 PRINTED 100824 15000 INC 630.00 2008542 02/16/2023 PRINTED 104206 3060 GOLDENROD LLC 1,000.00 2008543 02/16/2023 PRINTED 104205 3080 GOLDENROD LLC 740.00 2008544 02/16/2023 PRINTED 101295 3SI SECURITY SYSTEMS 3,936.38 2008545 02/16/2023 PRINTED 104221 A WALK IN THE PARK LLC 2,187.00 2008546 02/16/2023 PRINTED 100400 ACCOUNTEMPS/OFFICE TEAM 3,658.89 2008547 02/16/2023 PRINTED 100743 ACE AMERICAN INS CO / CHU 1,000.00 2008548 02/16/2023 PRINTED 100024 ACE PRINTING 251.28 2008549 02/16/2023 PRINTED 101263 ACTION PARK ALLIANCE 37,500.00 2008550 02/16/2023 PRINTED 101754 GLOBAL PAYMENTS INC 3,795.45 2008551 02/16/2023 PRINTED 101028 AEG BUREAU OF TOURISM 64,953.25 2008552 02/16/2023 PRINTED 102948 AERO SYSTEMS ENGINEERING 682.75 2008553 02/16/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 2,709.16 2008554 02/16/2023 PRINTED 100249 ALBERT A WEBB ASSOCIATES 20,502.92 2008555 02/16/2023 PRINTED 104222 STEPHEN ALDERSON / CATHER 1,000.00 2008556 02/16/2023 PRINTED 100375 ALL STAR GLASS 1,042.87 2008557 02/16/2023 PRINTED 103797 ALLISON MECHANICAL INC 3,850.00 2008558 02/16/2023 PRINTED 104210 ALMS UNDERGROUND CONSTRUC 800.00 2008559 02/16/2023 PRINTED 100755 ALTA LANGUAGE SERVICES IN 536.00 2008560 02/16/2023 PRINTED 100572 AMAZON COM 182.69 2008561 02/16/2023 PRINTED 103781 AMAZON.COM SALES INC 1,055.66 2008562 02/16/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 2,755.68 2008563 02/16/2023 PRINTED 100235 AMTECH ELEVATOR SERVICES 3,622.50 2008564 02/16/2023 PRINTED 103528 ARCHITECTURAL RESOURCES G 85,369.00 2008565 02/16/2023 PRINTED 100370 AT&T 300.83 2008566 02/16/2023 PRINTED 103897 AXON ENTERPRISE INC 2,002.01 2008567 02/16/2023 PRINTED 016117 CODY AYOTTE 330.75 2008568 02/16/2023 PRINTED 100413 B & H PHOTO 3,167.54 2008569 02/16/2023 PRINTED 104048 LISE BAADH 160.00 2008570 02/16/2023 PRINTED 103994 BANNER BANK 12,532.69 2008571 02/16/2023 PRINTED 104199 BARISTO PRIETO PARTNERS L 8,000.00 2008572 02/16/2023 PRINTED 101049 MARY BARSALEAU 1,092.70 2008573 02/16/2023 PRINTED 015627 DONALD BENSTEAD JR 4,426.74 2008574 02/16/2023 PRINTED 104189 ANNETTE BENYAMIN 750.00 2008575 02/16/2023 PRINTED 015789 LAUREN BIXLER 675.00 2008576 02/16/2023 PRINTED 104212 BRIAN FOSTER DESIGNS 800.00 2008577 02/16/2023 PRINTED 100128 BRODART CO 2,021.15 2008578 02/16/2023 PRINTED 104191 BRUCE BARTER BUILDERS 400.00 2008579 02/16/2023 PRINTED 101331 BRUCE ALAN BOWER 5,214.02 2008580 02/16/2023 PRINTED 101463 VARSITY BRANDS HOLDING CO 256.39 2008581 02/16/2023 PRINTED 100234 BURRTEC ENVIRONMENTAL 447.78 2008582 02/16/2023 PRINTED 103263 BWW & COMPANY INC 166,250.00 2008583 02/16/2023 PRINTED 104208 CALIFORNIA GOLD PROPERTIE 780.00 2008584 02/16/2023 PRINTED 100044 CALIFORNIA HIGHWAY PATROL 1,680.70 2008585 02/16/2023 PRINTED 101273 CALLYO 2009 CORP 3,225.61 2008586 02/16/2023 PRINTED 104183 CALRECYCLE 12,237.00 2008587 02/16/2023 PRINTED 103604 CAROLLO ENGINEERS INC 14,245.16 2008588 02/16/2023 PRINTED 101837 CASC ENGINEERING 3,617.30 2008589 02/16/2023 PRINTED 100136 CATHEDRAL CITY POLICE DEP 1,080.00 2008590 02/16/2023 PRINTED 104213 CAYUCOS COWBOYS LLC 1,060.00 2008591 02/16/2023 PRINTED 100112 CDW GOVERNMENT INC 1,594.68 2008592 02/16/2023 PRINTED 104196 RICHARD W CHAMBERS / LARR 980.00 Item 1B - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/16/2023 12:42
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008593 02/16/2023 PRINTED 104024 FEDERICO C GONZALEZ 4,845.00 2008594 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 209.97 2008595 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 19.99 2008596 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 199.99 2008597 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 107.98 2008598 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.81 2008599 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 234.99 2008600 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 3,116.56 2008601 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,300.00 2008602 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.81 2008603 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 3,519.96 2008604 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 119.98 2008605 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 299.99 2008606 02/16/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 230.09 2008607 02/16/2023 PRINTED 103534 CHATTEL, INC 4,944.33 2008608 02/16/2023 PRINTED 104106 CITADEL ENVIRONMENTAL SER 8,649.00 2008609 02/16/2023 PRINTED 100418 CITY OF INDIO 10,986.67 2008610 02/16/2023 PRINTED 101755 CNS ENGINEERS INC 2,919.62 2008611 02/16/2023 PRINTED 015397 LUCIANO COLANTUONO 840.00 2008612 02/16/2023 PRINTED 101114 THE COLE MOTOR LODGE LLC 500.00 2008613 02/16/2023 PRINTED 101238 CONSERVE LANDCARE LLC 108,668.07 2008614 02/16/2023 PRINTED 015942 ANDREW COTTER 4,958.72 2008615 02/16/2023 PRINTED 100205 NANCY K BOHL INC 1,615.00 2008616 02/16/2023 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 8,541.00 2008617 02/16/2023 PRINTED 104219 RYAN CSAFTIS / CECELIA CS 459.00 2008618 02/16/2023 PRINTED 104217 NEIL CURRY 1,090.00 2008619 02/16/2023 PRINTED 104195 KURT CYR / JAY ZALTZMAN 360.00 2008620 02/16/2023 PRINTED 104013 DAILEY AND WELLS COMMUNIC 55,571.25 2008621 02/16/2023 PRINTED 100115 DANIELS TIRE SERVICE INC 9,043.38 2008622 02/16/2023 PRINTED 104211 DANTOR MARTINEZ CONSTRUCT 136.00 2008623 02/16/2023 PRINTED 100179 DAVID E BELL 560.00 2008624 02/16/2023 PRINTED 103802 LANCE DAVIS / KILLER BEE 325.00 2008625 02/16/2023 PRINTED 104188 JESSE DE LA TORRE 55.00 2008626 02/16/2023 PRINTED 100265 DELL MARKETING LP 1,147.27 2008627 02/16/2023 PRINTED 101282 DELTA DENTAL PPO 22,028.16 2008628 02/16/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 2,279.98 2008629 02/16/2023 PRINTED 100117 DESERT ELECTRIC SUPPLY 6,605.12 2008630 02/16/2023 PRINTED 100150 DESERT PUBLICATIONS INC 500.00 2008631 02/16/2023 PRINTED 100008 DESERT SUN PUBLISHING COM 5,020.40 2008632 02/16/2023 PRINTED 100145 DFM ASSOCIATES 270.79 2008633 02/16/2023 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 430.41 2008634 02/16/2023 PRINTED 104209 DJL OF THE DESERT INC 500.00 2008635 02/16/2023 PRINTED 104207 DJT CONSTRUCTION 800.00 2008636 02/16/2023 PRINTED 100254 DOKKEN ENGINEERING 5,267.71 2008637 02/16/2023 PRINTED 100151 DOOLEY ENTERPRISES INC 7,037.24 2008638 02/16/2023 PRINTED 100393 GERGIS YOUSEF 838.91 2008639 02/16/2023 PRINTED 100294 DUDEK 26,300.00 2008640 02/16/2023 PRINTED 100054 DESERT WATER AGENCY 6,111.29 2008641 02/16/2023 PRINTED 100054 DESERT WATER AGENCY 22,410.43 2008642 02/16/2023 PRINTED 100090 EBSCO 3,705.15 2008643 02/16/2023 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 1,672.07 2008644 02/16/2023 PRINTED 100305 EISENHOWER MEDICAL CENTER 2,000.00 Item 1B - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/16/2023 12:42
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008645 02/16/2023 PRINTED 103756 J & F DONNEL INC 500.00 2008646 02/16/2023 PRINTED 104203 EMD CONSTRUCTION 460.00 2008647 02/16/2023 PRINTED 103829 ALEXANDRA JABR 1,486.35 2008648 02/16/2023 PRINTED 103040 EMERY LANDCLEARING AND GR 2,733.43 2008649 02/16/2023 PRINTED 015302 ARTHUR ENDERLE 516.00 2008650 02/16/2023 PRINTED 101293 ENGIE SERVICES U.S. INC. 13,683.00 2008651 02/16/2023 PRINTED 100274 ENGINEERING RESOURCES OF 26,075.49 2008652 02/16/2023 PRINTED 104066 ENNIS FLINT INC 22,079.43 2008653 02/16/2023 PRINTED 100226 ENTERPRISE RENT A CAR 3,185.94 2008654 02/16/2023 PRINTED 100601 ERGOMETRICS 1,311.00 2008655 02/16/2023 PRINTED 101496 JULIO G ESCOBEDO JR 1,500.00 2008656 02/16/2023 PRINTED 104198 ESVOLTA LP 1,700.00 2008657 02/16/2023 PRINTED 101264 EVERLAST CLIMBING INDUSTR 1,343.78 2008658 02/16/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 21.50 2008659 02/16/2023 PRINTED 101194 FLEX ADVANTAGE 661.50 2008660 02/16/2023 PRINTED 015995 BRENT FRANCIS 546.25 2008661 02/16/2023 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,220.23 2008662 02/16/2023 PRINTED 100480 FRIENDS OF THE PALM SPRIN 92,950.17 2008663 02/16/2023 PRINTED 101723 FROG ENVIRONMENTAL INC 3,025.00 2008664 02/16/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,667.57 2008665 02/16/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.55 2008666 02/16/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,381.47 2008667 02/16/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2008668 02/16/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 80.29 2008669 02/16/2023 PRINTED 100828 FUSION CLOUD SERVICES LLC 294.33 2008670 02/16/2023 PRINTED 100174 GOFORTH & MARTI 2,450.65 2008671 02/16/2023 PRINTED 104046 GALLAGHER BENEFIT SERVICE 6,250.00 2008672 02/16/2023 PRINTED 011060 ARNOLD GALVAN 516.00 2008673 02/16/2023 PRINTED 016058 TRAVIS GILBERT 20.35 2008674 02/16/2023 PRINTED 103948 PUSH MEDIA INC 47,684.08 2008675 02/16/2023 PRINTED 100536 GLS 83.12 2008676 02/16/2023 PRINTED 102009 JOSE GONZALEZ 700.00 2008677 02/16/2023 PRINTED 101514 GRAFFITI PROTECTIVE COATI 4,549.76 2008678 02/16/2023 PRINTED 104185 WENDY GRAY 367.00 2008679 02/16/2023 PRINTED 103998 JANE M GUY 252.00 2008680 02/16/2023 PRINTED 102402 HJH CONSTRUCTION 2,400.00 2008681 02/16/2023 PRINTED 104180 HOLIDAY HOUSE PALM SPRING 3,130.00 2008682 02/16/2023 PRINTED 102591 PAUL HRYN 400.00 2008683 02/16/2023 PRINTED 103780 HTL MECHANICAL INC 2,980.25 2008684 02/16/2023 PRINTED 104215 HUAWEI CONSTRUCTION CORPO 800.00 2008685 02/16/2023 PRINTED 101421 SCARLIGHT LLC 2,960.43 2008686 02/16/2023 PRINTED 104165 INCOMM INCENTIVES OHIO IN 379.50 2008687 02/16/2023 PRINTED 100483 INFOSAT 245.94 2008688 02/16/2023 PRINTED 104092 ITS A GAS INC 1,392.41 2008689 02/16/2023 PRINTED 104038 J & L AUTO BODY INC 6,337.20 2008690 02/16/2023 PRINTED 015689 CHRISTOPHER JAEGER 4,460.67 2008691 02/16/2023 PRINTED 104190 JAMES M MCEACHERN ARCHITE 600.00 2008692 02/16/2023 PRINTED 101700 JNS NEXT CREATIVE AND MED 4,852.50 2008693 02/16/2023 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 113,181.95 2008694 02/16/2023 PRINTED 015855 RONNIE JONES 390.00 2008695 02/16/2023 PRINTED 104111 FRANCISCO CEDENO 1,550.00 2008696 02/16/2023 PRINTED 104151 JUST FABULOUS GALLERIE IN 4,614.01 Item 1B - Page 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/16/2023 12:42
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008697 02/16/2023 PRINTED 100496 MAJA KALABIC 130.00 2008698 02/16/2023 PRINTED 103525 KGAY PSP CORPORATION 209.00 2008699 02/16/2023 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 14,033.51 2008700 02/16/2023 PRINTED 101606 KINCAID INDUSTRIES INC 25,717.63 2008701 02/16/2023 PRINTED 016436 MAX KIRK 943.58 2008702 02/16/2023 PRINTED 101200 KOA CORPORATION 23,648.99 2008703 02/16/2023 PRINTED 100261 KONE INC 15,642.80 2008704 02/16/2023 PRINTED 104202 JOHN M KOVAC 960.00 2008705 02/16/2023 PRINTED 100127 L N CURTIS AND SONS 9,311.54 2008706 02/16/2023 PRINTED 101475 LA PRENSA HISPANA INC 5,775.00 2008707 02/16/2023 PRINTED 103962 LCR EARTHWORK & ENGINEERI 5,545.12 2008708 02/16/2023 PRINTED 104224 GARY OR JODY LEVINSON 1,660.00 2008709 02/16/2023 PRINTED 015206 GRISELDA LOPEZ 1,175.00 2008710 02/16/2023 PRINTED 104204 LUXTEC BUILDERS INC 680.00 2008711 02/16/2023 PRINTED 011068 ALLAN L MADER 1,175.00 2008712 02/16/2023 PRINTED 104194 MAGIO INC 360.00 2008713 02/16/2023 PRINTED 011071 MICHAEL MAIDMENT 163.13 2008714 02/16/2023 PRINTED 100208 MANAGED HEALTH NETWORK IN 1,195.20 2008715 02/16/2023 PRINTED 100849 MANSFIELD POWER AND GAS L 79,107.51 2008716 02/16/2023 PRINTED 103707 MARCO INDUSTRIES INC/MAR- 367,213.22 2008717 02/16/2023 PRINTED 102863 MARK A TEMPLE CONSTRUCTIO 2,874.00 2008718 02/16/2023 PRINTED 016433 CHLOE MASON 527.52 2008719 02/16/2023 PRINTED 104187 QUINN MCCAULEY 500.00 2008720 02/16/2023 PRINTED 101798 MIDWEST TAPE INC 4,920.25 2008721 02/16/2023 PRINTED 016175 CHERIE MILLER 675.00 2008722 02/16/2023 PRINTED 100223 MOBILE MINI LLC CA 848.50 2008723 02/16/2023 PRINTED 104193 MODERN DEVELOPMENT LLC 600.00 2008724 02/16/2023 PRINTED 100079 MOHICA TOWING 345.00 2008725 02/16/2023 PRINTED 016018 WILLIAM MOSS 840.00 2008726 02/16/2023 PRINTED 101855 JORDAN FREEMAN 110.00 2008727 02/16/2023 PRINTED 104174 MOULIN & ALLIX CORP 1,575.15 2008728 02/16/2023 PRINTED 100765 GOVERNMENT REVENUE SOLUTI 3,750.00 2008729 02/16/2023 PRINTED 101211 NAI CONSULTING 306.00 2008730 02/16/2023 PRINTED 100595 NATIONAL TRAINING CONCEPT 1,024.00 2008731 02/16/2023 PRINTED 015431 DAN NAVA 967.81 2008732 02/16/2023 PRINTED 100417 NI GOVERNMENT SERVICES IN 301.19 2008733 02/16/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,786.21 2008734 02/16/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 19,194.36 2008735 02/16/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,290.28 2008736 02/16/2023 PRINTED 104216 JOHN OLSON 5,180.00 2008737 02/16/2023 PRINTED 102225 WILLIAM OLVERA 949.00 2008738 02/16/2023 PRINTED 101593 OUT-FIT, A CALIFORNIA COR 4,999.24 2008739 02/16/2023 PRINTED 101290 PACIFIC MEDICAL WASTE 226.09 2008740 02/16/2023 PRINTED 100282 PACIFIC PRODUCTS AND SERV 9,608.82 2008741 02/16/2023 PRINTED 104201 PALM PACIFIC CONSTRUCTION 1,140.00 2008742 02/16/2023 PRINTED 100328 PALM SPRINGS AUTO WASH 530.00 2008743 02/16/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 8,840.70 2008744 02/16/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 90,105.72 2008745 02/16/2023 PRINTED 100133 PALM SPRINGS MOTORS 2,943.75 2008746 02/16/2023 PRINTED 100106 PALM SPRINGS MOUNTED POLI 3,758.96 2008747 02/16/2023 PRINTED 016296 FEDERICO PAZ 330.75 2008748 02/16/2023 PRINTED 104197 PINNACLE PALM SPRINGS LLC 520.00 Item 1B - Page 15
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/16/2023 12:42
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008749 02/16/2023 PRINTED 101374 PRECISION TECHNOLOGIES 1,217.00 2008750 02/16/2023 PRINTED 101674 PROCAST PRODUCTS INC 3,452.35 2008751 02/16/2023 PRINTED 101292 PROFESSIONAL MEDICAL WARE 3,145.53 2008752 02/16/2023 PRINTED 101767 PROFORMA SOCAL 179.09 2008753 02/16/2023 PRINTED 100596 PROPER SOLUTIONS INC 32,579.62 2008754 02/16/2023 PRINTED 100654 PS RESORTS 62,697.00 2008755 02/16/2023 PRINTED 101250 PWLC II INC 39,427.48 2008756 02/16/2023 PRINTED 101629 THE RAMSAY GROUP 5,700.00 2008757 02/16/2023 PRINTED 104186 EDWARD RICHTER 500.00 2008758 02/16/2023 PRINTED 100695 RISE INTERPRETING INC 742.50 2008759 02/16/2023 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 43,921.13 2008760 02/16/2023 PRINTED 101809 RIVERSIDE TOP SCALE INC 235.00 2008761 02/16/2023 PRINTED 103678 ROADRUNNER PRINTING AND S 1,204.81 2008762 02/16/2023 PRINTED 104218 ROCK CANYON HOLDINGS 2,180.00 2008763 02/16/2023 PRINTED 016434 ALEJANDRA RODRIGUEZ 893.58 2008764 02/16/2023 PRINTED 104059 SAME DAY EXPRESS LLC 30,100.00 2008765 02/16/2023 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 13.16 2008766 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,243.85 2008767 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25,962.78 2008768 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 621.57 2008769 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 41.38 2008770 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 57,193.08 2008771 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 72.98 2008772 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 18.42 2008773 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 135.98 2008774 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 149.90 2008775 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 69.53 2008776 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 50.13 2008777 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,157.91 2008778 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26.26 2008779 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 833.57 2008780 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 412.55 2008781 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10,301.42 2008782 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24.45 2008783 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 19.18 2008784 02/16/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 79.17 2008785 02/16/2023 PRINTED 101296 SECURITY PRO USA 2,054.11 2008786 02/16/2023 PRINTED 103541 SHELLBACK TACTICAL LLC 16,184.35 2008787 02/16/2023 PRINTED 102639 SHIELDS RESIDENTIAL 1,250.00 2008788 02/16/2023 PRINTED 100010 SMOKE TREE STABLES 840.00 2008789 02/16/2023 PRINTED 101822 SO CAL LAND MAINTENANCE I 17,416.00 2008790 02/16/2023 PRINTED 101677 SOCAL PPE LLC 546.25 2008791 02/16/2023 PRINTED 104223 SOLTERRA BUILDERS 1,700.00 2008792 02/16/2023 PRINTED 100327 SOUTH COAST EMERGENCY VEH 10,389.22 2008793 02/16/2023 PRINTED 101594 SOUTH COAST MECHANICAL IN 39,550.00 2008794 02/16/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 125,714.25 2008795 02/16/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 92.92 2008796 02/16/2023 PRINTED 104067 SPARTAN CONCRETE AND ASPH 320.00 2008797 02/16/2023 PRINTED 102194 TIMOTHY SPRY & JESSICA SP 321.00 2008798 02/16/2023 PRINTED 101356 ST FRANCIS ELECTRIC LLC 42,692.73 2008799 02/16/2023 PRINTED 100284 STANTEC CONSULTING SVCS I 57,335.00 2008800 02/16/2023 PRINTED 104214 GERALD STELMASEK / TOM WO 700.00 Item 1B - Page 16
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/16/2023 12:42
User: PatrickW
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2008801 02/16/2023 PRINTED 100084 STERICYCLE INC LLC SHRED 524.80 2008802 02/16/2023 PRINTED 103901 STEVE P RADOS INC 238,121.27 2008803 02/16/2023 PRINTED 016488 SCOTT STILES 420.10 2008804 02/16/2023 PRINTED 102619 STUDIO ARD ARCHITECTS INC 800.00 2008805 02/16/2023 PRINTED 104152 SUREFIRE LLC 1,753.25 2008806 02/16/2023 PRINTED 100043 SWRCB FEES 4,594.00 2008807 02/16/2023 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 3,764.00 2008808 02/16/2023 PRINTED 104220 MARTY TEMPEL / NICOLAI ST 500.00 2008809 02/16/2023 PRINTED 100031 TOPS N BARRICADES INC 4,462.47 2008810 02/16/2023 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 5,750.00 2008811 02/16/2023 PRINTED 101391 TRANSUNION RISK AND ALTER 378.00 2008812 02/16/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 4,525.00 2008813 02/16/2023 PRINTED 100386 U S CUSTOMS SERVICE 3,085.00 2008814 02/16/2023 PRINTED 100405 UNION PACIFIC RAILROAD CO 534.00 2008815 02/16/2023 PRINTED 100114 UNITED RENTALS 1,301.69 2008816 02/16/2023 PRINTED 015313 JASON L. VACCARELLO 780.00 2008817 02/16/2023 PRINTED 100066 VALLEY MAIL DELIVERY 2,749.96 2008818 02/16/2023 PRINTED 015945 JUAN VASQUEZ 516.00 2008819 02/16/2023 PRINTED 015572 ROBERTO VELAZQUEZ 130.49 2008820 02/16/2023 PRINTED 104034 VERDE FACILITIES SERVICES 3,154.00 2008821 02/16/2023 PRINTED 100621 VERIZON BUSINESS 1,190.07 2008822 02/16/2023 PRINTED 100144 VERIZON WIRELESS 1,586.13 2008823 02/16/2023 PRINTED 100144 VERIZON WIRELESS 38.38 2008824 02/16/2023 PRINTED 100144 VERIZON WIRELESS 806.21 2008825 02/16/2023 PRINTED 100144 VERIZON WIRELESS 3,284.82 2008826 02/16/2023 PRINTED 100144 VERIZON WIRELESS 11,515.74 2008827 02/16/2023 PRINTED 100050 VISION SERVICE PLAN 6,039.00 2008828 02/16/2023 PRINTED 100121 VISIT GREATER PALM SPRING 475.00 2008829 02/16/2023 PRINTED 100121 VISIT GREATER PALM SPRING 114,703.51 2008830 02/16/2023 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 1,572.15 2008831 02/16/2023 PRINTED 015506 JASMINE WAITS 869.76 2008832 02/16/2023 PRINTED 104200 THOMAS TROY WALSH 840.00 2008833 02/16/2023 PRINTED 101220 WATERLINE TECHNOLOGIES 2,789.81 2008834 02/16/2023 PRINTED 100156 WAXIE SANITARY SUPPLY 383.02 2008835 02/16/2023 PRINTED 103973 WEX HEALTH INC 2,296.35 2008836 02/16/2023 PRINTED 101824 WILLDAN ENGINEERING 1,254.00 2008837 02/16/2023 PRINTED 104192 ASHLIE WOODS / BRETT MCDA 1,100.00 2008838 02/16/2023 PRINTED 104225 WRIGHT BUILDING 465.00 2008839 02/16/2023 PRINTED 101311 XEROX FINANCIAL SERVICES 2,845.51 2008840 02/16/2023 PRINTED 100908 YAMADA SPA MANAGEMENT INC 574.00 300 CHECKS CASH ACCOUNT TOTAL 3,057,543.92 .00 Item 1B - Page 17
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/16/2023 12:42
User: PatrickW
Program ID: apchkrcn

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UNCLEARED CLEARED
300 CHECKS FINAL TOTAL 3,057,543.92 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 18
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of March 9, 2023.

Attachments
Item 1C
Thursday, March 9, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, March 9, 2023, at 5:35 p.m.

PLEDGE OF ALLEGIANCE:

Niloofar Nasr, a 5th grader at Katherine Finchy Elementary School.

ROLL CALL:

Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

Absent: None.

City Staff

Present: Scott Stiles, City Manager, Teresa Gallavan, Deputy Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Jeff Ballinger, City Attorney; Brenda Pree, City Clerk; Brent Rasi, Deputy City Clerk and Chief Andy Mills, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

Proclamation to the Security Guard for her swift ability to jump into action for the citizens. Swearing in Ceremony for the new City Manager, Scott Stiles. Introduced himself and excited to be a part of City of Palm Springs!

ACCEPTANCE OF THE AGENDA:

By consensus, the City Council agreed to accept the agenda with item 3A being removed and moved to the next meeting.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of March 9 , 2023, was called to order by Mayor Garner at 3:31 p.m.

Item 1C - Page 1
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action.

EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1):

Committee to Relocate Marilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., Case No.

CVRI2101435 (4th Appellate District Division 2, Case No. E077773 & E076921; Transferred to 4th Appellate District Division 1, Case No. D080907)

CONFERENCE WITH LEGAL COUNSEL – M ATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Jesus Magana, Claim # 22-0938, Dated August 30, 2022

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there is one (1) matter the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8

City Negotiators: Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, HR Director
Peter Brown, Legal Counsel

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)

PUBLIC COMMENT:

Alejandro Meza Aguilar
Bryan Sanchez
Item 1C - Page 2
Lyzzeth Mendoza
Fred Noble
Steve Wilcox
Ginny Foat
Reyes Lopez
Juan Espinosa
Kathy Weremiuk
Joy Meredith

PALM SPRINGS HOUSING AUTHORITY, SPECIAL MEETING OPENED AT 6:05PM.

Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

PUBLIC COMMENT: None.

SPECIAL MEETING CLOSED AT 6:08PM

1. CONSENT CALENDAR:

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve the consent calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

B. APPROVAL OF MINUTES:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, February 21, 2023.

C. APPROVE THE PURCHASE OF CORE SWITCHES FROM AMS.NET WITH

FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve the purchase of four core switches with five years of subscriptions and support from AMS.NET for $126,400 based on a cooperative contract.

Item 1C - Page 3

D. APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH INNOVATIVE INTERFACES INC. FOR POLARIS INTEGRATED LIBRARY SYSTEM
SOFTWARE, MAINTENANCE, AND HOSTING IN THE AMOUNT OF $97,807

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve a three-year renewal agreement with Innovative Interfaces Inc. (Attachment A) for Polaris Integrated Library System software, maintenance, and hosting for $97,807.

E. RATIFY THE NOMINATION OF THE CITY OF COACHELLA AND THE CITY

OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to appoint Denise Delgado, representing the City of Coachella, to the Palm Springs International Airport Commission effective immediately for a term ending January 25, 2027. To appoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission effective April 1, 2023, for a term ending April 1, 2026.

F. APPROVAL OF A COOPERATIVE CONTRACT FOR ELEVATOR AND

ESCALATOR MAINTENANCE FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0 to approve Cooperative Contract Agreement 23C004 with TK Elevator Corporation to provide elevator and escalator maintenance services in accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, in an amount not to exceed $84,600 for the initial three-year term beginning on the date provided in the Notice to Proceed, with two one -year extension options at the City’s sole discretion. Approve the appropriation of $28,200 for Fiscal Years 2022-2023, 2023-2024, and 2024-2025 from the Department of Aviation’s Fund 415 fund balance.

G. APPROVE AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND

DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY AND 2990 TAHQUITZ CANYON WAY LP; AND APPROVE AMENDMENT NO. 3 TO REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND 2990 TAHQUITZ CANYON WAY LP

Item 1C - Page 4

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Amendment No. 1 to the Regulatory Agreement and Declaration of Covenants and Restrictions between the Successor Agency to the Palm Springs Community Redevelopment Agency and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership. Approve Amendment No. 3 to the Regulatory Agreement and Declaration of Restrictive Covenants between the Housing Authority of the City of Palm Springs, a housing authority of the State of California duly organized and existing under the laws thereof, and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership. Authorize the City Manager, or designee, to execute the Amendments, including making minor, non-substantive changes, and to sign all documents necessary.

H. ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD

FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, THROUGH

THE COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT, IN THE AMOUNT OF $13,062 TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE CITY’S EMERGENCY OPERATIONS CENTER

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0 to approve the acceptance of a 2022 Emergency Management Performance Grant Award from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department, in the amount of $13,062. Authorize the City Manager to execute all necessary documents.

2. PUBLIC HEARINGS:

A. CONDUCT A TEFRA (TAX AND EQUITY FISCAL RESPONSIBILITY ACT)

HEARING FOR THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) IN AN AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF ASSISTING COMMUNITY

PRESERVATION PARTNERS LLC ACQUIRE AND REHABILITATE
SUNNYVIEW VILLAS AT 2900-2950 NORTH INDIAN CANYON DRIVE

MOTION BY COUNCILMEMBER DEHARTE , SECOND BY COUNCILMEMBER HOLSTEGE, PASSED 5-0 to adopt a Resolution No. 25094 , entitled “RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION,

IMPROVEMENT, AND EQUIPPING OF SUNNYVIEW VILLA AND CERTAIN OTHER MATTERS RELATING THERETO."

B. A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS, LLC,

FOR THE APPROVAL OF A CHANGE OF ZONE APPLICATION TO AMEND Item 1C - Page 5
THE CURRENT SPLIT ZONE DESIGNATIONS OF CBD (‘CENTRAL BUSINESS DISTRICT’) AND R-2 (‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’) TO C- 1 (‘RETAIL BUSINESS’) FOR A PROPOSED MIXED- USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5,411- SQUARE- FOOT COM MERCIAL SPACE ON 2.4 -ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R- 2, SECTION 10 (CASE 5.1541 CZ)

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED 5-0, to adopt introduce and waive further reading of an Ordinance No. 2083 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’ (R-2) TO ‘RETAIL BUSINESS’ (C -1) ENTIRELY FOR A PROPOSED MIXED- USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A

5.411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4 -ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R -2, SECTION 10.”

3. BUSINESS & LEGISLATIVE:

A. FISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRING

ITEM WAS MOVED TO NEXT COUNCIL MEETING 03/23/2023

B. COUNCIL REQUEST FOR REVIEW OF A DECISION BY THE PUBLIC ARTS

COMMISSION TO DENY AN APPLICATION BY DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS FOR A PUBLIC ART PROJECT TO BE LOCATED AT 62950 20TH AVENUE; AND A REQUEST FOR WAIVERS OF THE ART PLACEMENT

REQUIREMENT AND REIMBURSEMENT PROCESS AS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 3.37.

Public Speakers: Peter Mahler, Mark Rios, Brian Adamson, and Anna Choudhuri

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, PASSED 4-1 (G ARNER) to adopt a Resolution No. 25095 , entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REIMBURSEMENT OF $375,000 IN PUBLIC ART

FUNDS TO DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR A PUBLIC ART PROJECT LOCATED AT 62950 20TH AVENUE; AND APPROVAL OF

WAIVERS OF THE ART PLACEMENT REQUIREMENT AND REIMBURSEMENT Item 1C - Page 6

PROCESS AS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER

3.37."

***RECESS FROM 7:25 PM TO 7:37PM***

C. REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING; AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION; AND AMENDMENTS TO
CHAPTER 6.15 RELATING TO THE REGULATION OF MOBILE FOOD

VENDING VEHICLES

Discussion amongst council members in regard to changes made to the ordinance and stipulations to the ordinance proposed. Direction to staff is to revise the ordinance and bring back at a later date with revised version. Dep. City Manager Flinn advised he will wait from the Health District on their proposed regulation which will help form our ordinance.

PUBLIC COMMENT:

Michael Joseph Pitkin
Adrian Alcantar
Kendall Kalweit
Jim Sullivan

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA

DEVELOPMENT

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned on Thursday, March 9, 2023, at 9:52 PM.

Respectfully submitted,

Brenda Pree, MMC, CERA
Item 1C - Page 7
City Clerk

APPROVED BY CITY COUNCIL: __/__/2023
Item 1C - Page 8

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of February 1 through February 28, 2023.

Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: MARCH 23, 2023 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2023

FROM: Scott C. Stiles, City Manager

BY: Procurement and Contracting Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of February 1 through February 28, 2023.

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $75,000 or less, and certain other amendments and change orders as previously approved by the City Council.

Palm Springs Municipal Code §7.02.030(l) requires a monthly report be submitted to the City Manager.

The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement and Contracting Department.

REVIEWED BY:

Procurement and Contracting Manager: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. City Manager or designee authorized agreements for February 2023 B. Purchase orders for February 2023
Item 1D - Page 1
==========L__ __ ==~======--

ATTACHMENT A

Item 1D - Page 2
Staff Authorized Agreements
February 1, 2023 - February 28, 2023
Dept Contract # Contract Description Contract
Total
INFO TECHNOLOGY 23I042 100 AMP 3 PHAS 120/208 VOLT SURFACE INDOOR

PANEL IN IT ROOM AT CITY HALL
100519 5,711.53
FINANCE DEPARTMENT 23P026 PROFESSIONAL ARBITRAGE REBATE SERVICES-5 YEARS
100299 16,700.00
COMMUNITY & ECONOMIC DEV. 23I025 CAPITAL ADVISORY SERVICES FOR AUBERGE PALM

SPRINGS HOTEL
104231 3,300.00
POLICE DEPARTMENT 23S036 4-DAY TRAINING-CRIME PREVENTION THROUGH

ENVIRONMENTAL DESIGN
TBD 29,540.00
23I037 PHYSICAL ASSESSMENTS 104159 58,925.00
23S039 SERVICE AGREEMENT FOR EMERGENCY

NOTIFICATION ERP SYSTEM
101405 17,597.74
23I030 CP21-22 CONCRETE SLAB, SIDEWALK DESERT

HIGHLAND PARK
103765 9,062.00
23I034 CP 18-04, FIRE SPRINKLER TESTING 100060 500.00 23I035 PSP PREPARATION OF ANNUAL FINANCIALS 101658 5,000.00 23I038 PIGEON & PEST CONTROL 104143 9,950.00
23B028 PSP LUGGAGE CARTS 101496 24,253.50
23E031 EMERGENCY TAXIWAY H REPAIRS 100072 65,512.00
23B044 RUNWAY CRACK SEALING-IFB 23-20 TBD 45,000.00
23F033 WATER WELL TESTING SERVICES 103778 4,800.00
23S040 VFA FACILITY STANDARD SOFTWARE RENEWAL 104052 6,259.94

FACILITIES MAINTENENCE CALIFORNIA WATER OPERATORS, LLC

VFA INC

AVIATION DEPARTMENT THE PUN GROUP LLP

SOLAR GUARD LLC

JULIO G ESCOBEDO JR

GRANITE CONSTRUCTION COMPANY
GLOBAL ROAD SEALING, INC.

ENGINEERING - PUBLIC WORKS UNIVERSAL CONSTRUCTION AND

ENGINEERING

SHASTA FIRE PROTECTION INC

FIRE DEPARTMENT ON DUTY HEALTH PC
US DIGITAL DESIGNS, INC.

ALTERNATION, LLC

WILLDAN FINANCIAL SERVICES

HOTEL ADVISORY SERVICES DBA HVS

BROKERAGE & ADVISORY

HORIZON LIGHTING INC
Vendor

Page 1 of 1 ends

Item 1D - Page 3

ATTACHMENT B

Item 1D - Page 4
Purchase Orders
February 1, 2023 - February 28, 2023
Dept PO # Contract # PO Description PO Total
22000901 A9036 Communications, Marketing and Social Media Service 103730 30,000.00 23000426 A8884 Repairs/Maint. Svcs for Public Art Projects 101599 5,000.00 23000949 23P012 Relocation and Repair of Public Art 104059 72,000.00 23000980 23F005 Free Thursday Evenings Program Sponsorship 100599 50,000.00 23000580 Podium & Speaker for Remote Press Conferences 103574 3,773.42 23000905 23I008 Airport Symmetra UPS Battery replacement 100521 8,018.43 23000907 Studio Prime Annual for Energov Integration 103721 2,340.00 23000908 Cables and ports for networking and video 103876 1,190.90 23000954 A9389 Peace Officers Legal Sourcebook Software 100258 3,200.00 23000958 Remote Broadcast equipment 100413 19,651.56
23000959 Studio Output Card 100556 2,195.19
23000961 Privileged Remote Access Maintenance 101386 7,587.21 23000964 Server Room Rack Installation 101374 1,873.13 23000981 Broadcast accessories 100413 1,753.46
CITY CLERK 23000943 A9324 OFFICE SUPPLIES FOR CLERK'S OFFICE 103900 0.00

SPECIAL PROGRAMS

COMPLIANCE
23000953 Administrative Citations for Vacation Rental 101767 642.80 23000993 A9324 OFFICE SUPPLIES, HUMAN RESOURCES 103900 170.11 23000998 A9324 SGK Desk End Panel 103900 316.34
23000899 A9324 OFFICE SUPPLIES, GENERAL 103900 2,000.00 23000937 Shredding event service for 2/4 103589 2,500.00 FINANCE DEPARTMENT 23000930 A9195 PENSION ADVISORY SERVICES 103985 10,000.00 COMMUNITY & ECONOMIC DEV. 23000957 PS Chamber of Commerce President's Circle FY22-23 100569 8,000.00

PARKS MAINTENANCE

MECHANICS
23000940 City Seal on Park Jackets 100580 120.00
23000653 Sounds, Lighting and Staging for Festival of Light 103646 24,210.93 23000812 Barricade Rental for the Palm Springs Film Festiva 100031 14,243.50 23000925 Facilitation for VillageFest Commission 104177 950.00 23000926 replace rotted softball benches at Demuth Park 101463 775.13 23000927 Pens for promotional purposes 103873 939.84
23000929 Street closure equipment for Tour de Palm Springs 100031 4,430.00 23000944 A9324 OFFICE SUPPLIES for Demuth Community Center 103900 1,500.00 23000945 A9324 OFFICE SUPPLIES, GENERAL FOR JAMES O JESSIE DESERT
103900 1,500.00
23000955 Tumblers for marketing 103873 2,049.41
23000956 A9324 OFFICE SUPPLIES, GENERAL FOR LEISURE CENTER & SWIM
103900 7,800.00
23000983 sound & lights for concert 103646 6,151.35
23000984 Promotional Items for tradeshow and events 103873 5,776.48 23000904 PSPD RECORDS XEROX STAPLE REFILLS 101537 84.95POLICE DEPARTMENT VISUAL EDGE INC DBA IMAGE SOURCE

DESERT PROMOTIONAL EMBROIDERY LLC

RECREATION DEPARTMENT VIVID STAGING SOLUTIONS

TOPS N BARRICADES INC

ELLEN GOODMAN

VARSITY BRANDS HOLDING CO INC

CARDINAL PROMOTIONS

TOPS N BARRICADES INC

ODP BUSINESS SOLUTIONS

CARDINAL PROMOTIONS

ODP BUSINESS SOLUTIONS

VIVID STAGING SOLUTIONS

CARDINAL PROMOTIONS

SUSTAINABILITY ODP BUSINESS SOLUTIONS

DESERT ARC

KOSMONT TRANSACTIONS SERVICES INC

PALM SPRINGS CHAMBER OF COMMERCE

ODP BUSINESS SOLUTIONS

PROFORMA SOCAL

HUMAN RESOURCES ODP BUSINESS SOLUTIONS

ODP BUSINESS SOLUTIONS
Vendor

CITY MANAGER WESTBOUND COMMUNICATIONS INC

TYSEN KNIGHT

SAME DAY EXPRESS LLC

PALM SPRINGS ART MUSEUM

INFO TECHNOLOGY FULL COMPASS SYSTEMS LTD

GRUBER POWER SERVICES

BLUEBEAM INC

MONOPRICE INC

COPWARE INC

B & H PHOTO

AUDIO ASSOCIATES OF SAN DIEGO INC

BEYONDTRUST CORPORATION

PRECISION TECHNOLOGIES

B & H PHOTO

Page 1 of 3 ends

Item 1D - Page 5
Purchase Orders
February 1, 2023 - February 28, 2023
Dept PO # Contract # PO Description PO TotalVendor
23000917 A9065 EMERGENCY LOCK-OUT SERVICE 100200 284.00 23000928 TACTICAL SKIRMISH PLATE CARRIERS 103541 3,170.49 23000932 BODYCAM CASES 104175 3,464.05
23000935 TRAINING DUMMY - SURVIVOR MODEL 100333 2,193.96 23000969 TRACKERS 103661 365.00
23000982 BODY ARMOR PLATES 103541 16,184.35
23000985 RANGE TRAINING TARGETS 100149 278.60
23000988 RANGE EQUIPMENT AND MAINTENANCE KITS 100118 1,721.62 23000910 Towing of used training vehicles 100079 1,750.00 23000914 23I009 Repair services for PPE/Turnouts 101677 10,000.00 23000941 FIRE EXTINGUISHER SVCS 100048 367.33
23000965 Replacement recliners for St 4 104228 3,520.04 BUILDING & SAFETY 23000934 A9324 Office Supplies 103900 5,000.00 19001404 A7261 CP01-11 PROJ MGMT SVCS 101211 22,873.50
23000906 TOC Software Maintenance Contract 100165 8,504.00 23000939 23I007 Block G parking structure feasibility study 101834 9,900.00 23000948 23I030 CP21-22 Concrete Slab, Sidewalk Desert Highland Par 103765 9,062.00 23000952 23I034 CP 18-04, Fire Sprinkler Testing 100060 500.00 23000978 A8356 CP 18-04, Survey and Utility Locating Services 100249 26,805.00 23000105 A9065 MEN'S CUSTODIAL CLOSET LOCK REPAIR 100200 237.50 23000894 A9071 PSP PLUMBING SERVICES 101606 1,442.43 23000912 A9324 Office supplies for PSP Building Division 103900 900.00 23000913 A9324 Office Supplies for PSP OPERATIONS Division 103900 2,000.00 23000918 A9324 Office supplies for PSP Landside Division 103900 600.00 23000919 A9324 Office supplies for PSP Admin 103900 2,300.00 23000920 A9153 PSP GENERATOR FUEL 101542 6,352.70
23000942 A9223 PSP PASSENGER ESCALATOR INSPECTION 100235 5,993.00 23000946 A7148 PSP IBHS CONSULTING SERVICES 101230 24,342.00 23000960 23I035 PSP PREPARATION OF ANNUAL FINANCIALS 101658 5,000.00 23000963 A9071 PSP PLUMBING SERVICES 101606 2,064.72 23000991 23B028 PSP LUGGAGE CARTS 101496 24,253.50
23000992 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS 101535 7,304.00 23000994 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS 101535 4,522.08 23000421 A9186 Chemicals for City Buildings 100148 6,726.95 23000550 A9082 Trencher rental for sunrise park lighting repair 100114 849.97 23000901 A9065 Rekey locks for Council Offices 100200 1,500.00 23000902 Fire extinguisher maintenance at Historical Society 100048 79.83 23000903 Annual Fire Extinguisher Maintenance Plaza Theater 100048 331.61 23000909 BTU Meter for Sunrise Plant 101739 2,701.63
23000911 A9186 Chemicals to protect the pipes at Cogen plant 100148 7,420.65 23000924 Temporary poles for Downtown Lights 101805 11,760.44

FACILITIES MAINTENENCE NALCO COMPANY

UNITED RENTALS

VALLEY LOCK AND SAFE

DESERT FIRE EXTINGUISHER CO INC

REFRIGERATION SUPPLIES DISTRIBUTOR

NALCO COMPANY

PACIFIC LIGHTING AND STANDARDS

AVIATION DEPARTMENT VALLEY LOCK AND SAFE

KINCAID INDUSTRIES INC

ODP BUSINESS SOLUTIONS

SC COMMERCIAL LLC

AMTECH ELEVATOR SERVICES

R S AND H CALIFORNIA INC

THE PUN GROUP LLP

KINCAID INDUSTRIES INC

JULIO G ESCOBEDO JR
HINGEWERKS COMMERCIAL DOORS INC.

HINGEWERKS COMMERCIAL DOORS INC.

ODP BUSINESS SOLUTIONS

ENGINEERING - PUBLIC WORKS NAI CONSULTING

SWARCO MCCAIN INC

MICHAEL BAKER INTERNATIONAL

UNIVERSAL CONSTRUCTION AND

ENGINEERING

SHASTA FIRE PROTECTION INC

ALBERT A WEBB ASSOCIATES

FIRE DEPARTMENT MOHICA TOWING

SOCAL PPE LLC

DESERT FIRE EXTINGUISHER CO INC

AMERICAN FIREHOUSE FURNITURE

VALLEY LOCK AND SAFE

SHELLBACK TACTICAL LLC
ZERO9 SOLUTIONS LTD

DUMMIES UNLIMITED INC
CODE 5 GROUP LLC

SHELLBACK TACTICAL LLC

ALCO TARGET COMPANY

BROWNELLS INC

Page 2 of 3 ends

Item 1D - Page 6
Purchase Orders
February 1, 2023 - February 28, 2023
Dept PO # Contract # PO Description PO TotalVendor
23000931 A8536 Replace Fire Alarm Panel in Co-gen Plant 100548 3,293.00 23000947 Flag pole lights Station 4 100117 3,381.14
23000951 Replace and repair Muni Plant Fire Panel 101253 565.00 23000962 A9135 Repair trash enclosure door at Baristo Parking 103889 2,500.00 23000966 Clear Acrylic Light covers for Sunrise Park 104226 8,733.06 23000970 A9135 Replace 2 door closures City Yard 103889 3,325.88 23000986 Sunrise Plant Media Louvers 101739 4,913.40
23000990 A9071 Repair Co-gen HW leak in front of court 101606 25,000.00 23000996 A9077 Repair leaks on city yard roof 100154 5,650.00 23000895 A9230 Wheel Alignment Unit 205817 100393 149.00 23000900 A9157 Unit 2D0717 Door Molding 100133 207.70 23000915 A9241 Automotive and paint repair on Unit 2D0420 104038 10,854.87 23000916 A9241 Automotive repairs and paint on 2020 Ford F-150 104038 6,775.90 23000922 A9157 Belt tensioners for inventory 100133 251.52 23000923 A9157 A/C relay and cooling fan 100133 396.45 23000933 Radio Control Head for 2022 F-250 X1 101486 767.74 23000936 Replacement tires for Unit 2M7419 101855 1,171.75 23000950 Fuel island hose repair 100233 1,486.76
23000967 Boom Truck Repair 104181 4,439.70
23000968 Service on unit 2M7419 101855 499.98
23000971 A9230 Checking Engine Mounts Unit 208618 100393 119.00 23000972 A9040 Tires for unit 2D0717 and stock 100115 672.86 23000973 A9040 Four (4) tires for unit 996117 100115 634.44 23000974 A9040 Six (6) tires for stock 100115 1,055.04 23000975 A9157 Parts for unit 2D0312 100133 170.43
23000976 A9040 Four (4) tires for unit 500117 100115 735.13 23000977 A9040 Tires for stock 100115 1,015.84
23000987 BMW service on motorcycle unit 2M7419 101855 498.23 23000989 Repair service on unit 2M8019 101855 1,049.17 23000997 A9157 Multipoint Vehicle Check on Unit 202814 100133 2,059.14 23000938 A9192 Replacement barricades and paint Citywide. 100282 11,181.74 23000995 A9248 San Rafael Concrete Repair 102960 737.07 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

JORDAN FREEMAN

PALM SPRINGS MOTORS

STREETS MAINTENANCE PACIFIC PRODUCTS AND SERVICES LLC

HI GRADE MATERIALS CO

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

KINCAID INDUSTRIES INC

AL MILLER AND SONS ROOFING INC

FLEET OPERATIONS GERGIS YOUSEF

PALM SPRINGS MOTORS

J & L AUTO BODY INC

PALM SPRINGS MOTORS

INNOVATIVE EMERGENCY EQUIPMENT

JORDAN FREEMAN

WESTERN PUMP INC

ALTEC INC

JORDAN FREEMAN

GERGIS YOUSEF

DANIELS TIRE SERVICE INC

O'LINN EXECUTIVE SECURITY SERVICE

DESERT ELECTRIC SUPPLY

CHECKMATE TELEPHONE EXCHANGE INC

OLLIN DOCK & DOOR INC

CV PLASTICS INC

OLLIN DOCK & DOOR INC

REFRIGERATION SUPPLIES DISTRIBUTOR

Page 3 of 3 ends

Item 1D - Page 7

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES
RECOMMENDATION:

Waive the full reading of text in its entirety, read by title only, and conduct second reading/adoption of Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF

THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.”
Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: MARCH 23, 2023 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT -ORIENTED

BUSINESSES

FROM: Scott C. Stiles, City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

This is the second reading of an ordinance to amend Palm Springs Municipal Code (PSMC) Section 5.77 relative to adult -oriented business regulations . The City Council approved the proposed amendments at first reading on February 9, 2023. Second reading of the ordinance was held on February 21, 2023, at which time it was requested that appeal provisions be added to the ordinance. Based on this change, the item is being presented for second reading again.

RECOMMENDATION:

PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT -ORIENTED BUSINESS REGULATIONS.”

STAFF ANALYSIS:

On February 9, 2023, Ordinance No. 2082 was introduced for first reading as noted below:

ACTION: Waive reading of the text in its entirety, read by title only and introduce for first reading Ordinance No. 2082, “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77

OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT- ORIENTED BUSINESS REGULATIONS.”

AYES: Councilmembers deHarte, Holstege, Middleton, M ayor Pro Tem Bernstein, Mayor Garner
Item 1E - Page 1
City Council Staff Report
March 23, 2023 -- Page 2
Adult-Oriented Business Ordinance

NOES: None
ABSENT: None

The City Council voted to introduce Ordinance No. 2082, subject to the following minor revisions and deletions:

• Amend Section 5.77.010 (definition of Adult Sex Venue) to reinstate the phrase “not primarily dedicated to providing overnight lodging accommodations” which was incorrectly removed from the final version of the ordinance. • Amend Section 5.77.010 (Definition of Specified Anatomical Parts ) to remove Subsection (2) per previous City Council discussion.
• Amend Section 5.77.025(20) (Findings/Requirements) to eliminate the requirement for a buffer between patrons and performers.

The ordinance was amended to include these revisions as directed by the City Council.

On February 21, 2023, Ordinance No. 2082 was presented for second reading as noted below:

ACTION: Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE

PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT -ORIENTED BUSINESS REGULATIONS.”

AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tem Bernstein, Mayor Garner
NOES: None
ABSENT: None

The City Council voted to approve Ordinance No. 2082, subject to the addition of appeal procedures in Section 5.77.050. This language has been added to the ordinance.

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Ordinance No. 2082 (amended)
Item 1E - Page 2
ORDINANCE NO. 2082

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALMS SPRINGS, CALIFORNIA, AMENDING CHAPTER

5.77 OF THE PALM SPRINGS MUNICIPAL CODE

RELATING TO ADULT -ORIENTED BUSINESS
REGULATIONS.

City Attorney’s Summary
The proposed ordinance will update the City’s regulations pertaining to adult -oriented business uses, including
definitions of adult use categories, minor revisions to operational procedures, separation requirements, and safety requirements.

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter; and

B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict wi th general laws to protect and promote the public health, safety, and welfare of its citizens ; and

C. I n accordance with the City’s above- referenced charter city authority, the City Council wishes to amend its Municipal Code provisions regarding adult -oriented businesses; and

D. The City Council has carefully reviewed and considered all of the evidence presented in connection with the public meeting on the ordinance, including, but not limited to, the staff report, and all written and oral testimony presented.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1
. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Rescind and replace Chapter 5.77 of the Palm Springs Municipal Code as follows:

Chapter 5.77 ADULT-ORIENTED BUSINESSES
Item 1E - Page 3
Ordinance No. 2082

Page 2 ends

5.77.055 Intent.

(a) The intent of this chapter is to regulate adult-oriented businesses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to:
depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult -oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult -oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult-oriented businesses. It is neither the intent, nor effect of this section to impose limitations or restrictions on the content of any communicative material.

Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult -oriented businesses to their intended market.

(b) Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

5.77.010 Definitions.

“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, contiguous to, or directly across a public right-of-way.

“Adult entertainment establishment” means a bar, lounge, nightclub, movie theater, live theater, or similar establishment which features as a regular and substantial course of conduct, any type of live entertainment, films, or other oral or visual representations which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult-Oriented Business” for a definition of regular and substantial portion of its business).

“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct performs as an adult entertainment establishment, adult retail establishment, adult sex venue, or stripper; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually -oriented merchandise or sexually -oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by Item 1E - Page 4
Ordinance No. 2082

Page 3 ends

an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. “Adult -oriented business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, mod els, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, ser vices or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to sexually -oriented merchandise and/or sexually - oriented material exceeds more than twenty percent of the total display or floor space area open to the public;
(2) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least six times in any month in any given year;
(3) The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; or
(4) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

“Adult retail establishment” means any establishment, such as an adult bookstore, adult video store, adult arcade, or any similar retail use which as a regular and substantial course of conduct, displays and/or distributes sexually -oriented material and/or merchandise, including printed materials, videos, sexual devices, and similar items, which are distinguished or characterized by an emphasis on or relating to specified sex ual activities or specified anatomical parts (see “Adult -Oriented Business” for a definition of regular and substantial portion of its business).

“Clothing optional hotel/motel” means a non- adult hotel/motel which, in the ordinary course of business permits persons to be nude in and on those public areas of the hotel or motel property which are not visible from any public right -of-way. A clothing optional hotel shall not include any hotel or motel which provides compensation of any form or permits any pers on to accept compensation of any form for exposing specified anatomical parts or engaging in specified sexual activities unless the exposure of such specified anatomical parts is ancillary or incidental to the activity for which the compensation is received.

Item 1E - Page 5
Ordinance No. 2082

Page 4 ends

“Adult sex venue” means any establishment not primarily dedicated to providing overnight lodging accommodations , including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities i n any public or semipublic portion of the establishment or which provides any private room to persons more than once in a twenty-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this section, a “public or semipublic portion of an establishment” shall mean any portion of the establishment in which invitees of the establishment are permitted access and which is not let, leased or rented more than once in a twenty -hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, an “adult sex venue” is also any place that represents itself to any person or group of persons as a place for persons to engage in specified sexual activities.

“Director” means the Finance & Treasury Director of the City of Palm Springs or the City Manager’s designee.

“Sexually-oriented material” means any element of sexually-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture, film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions that are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

“Sexually-oriented merchandise” means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices that are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity.

“Specified anatomical parts” means less than completely and opaquely covered human genitals; anal region; pubic region; or the areola of the female breast .

“Specified sexual activities” means:
(1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or any sexual act involving the sex organs of one person and the mouth or anus of another; (3) Fondling or other erotic touching of human genitals, pubic region, or female breast;
(4) Striptease or the removal of clothing to the point where specified anatomical parts are not opaquely covered.

5.77.015 License Required.

Item 1E - Page 6
-
Ordinance No. 2082

Page 5 ends

No adult-oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains a business license from the city of Palm Springs.

5.77.020 Application Requirements.

(a) The property owner, or authorized agent of the property owner, is eligible to request a business license for an adult-oriented business.

(b) The following information is required at the time a business license for an adult - oriented business is submitted to the Finance & Treasury Department:
(1) A completed business license application signed by the property owner or authorized representative;
(2) A nonrefundable deposit or fee as set forth by ordinance or resolution of the city council;
(3) A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in Section 5.77.030; (4) All
Any other information as required by the city of Palm Springs.

5.77.025 Findings/Requirements.

(a) The city shall issue a business license within thirty days following receipt of a complete application if it finds that:
(1) The adult-oriented business shall be located in the city’s C -M, M-1, M-1-P and M-2 zoning districts.*
(2) The adult-oriented business shall not be located adjacent to any residential zone.*
(3) The adult-oriented business shall not be located within six hundred feet of any lot upon which there is properly located a public park, public playground, school, day care/childcare center, or youth center or within six hundred feet of any lot used by a religious institution for religious activities at least three times per week.*
(4) The adult-oriented business shall not be located on any property fronting upon a major or secondary thoroughfare as defined in the general plan of the city of Palm Springs. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right -of-way for the road have a contiguous boundary.
(5) The adult -oriented business shall not be located on property adjacent to another adult-oriented business.
(6) The adult-oriented business complies with parking requirements as listed in Palm Springs Zoning Code Chapter 93.00.

(7) The adult -oriented business shall not be located completely or partially within any mobile structure or pushcart.

Item 1E - Page 7
--
Ordinance No. 2082

Page 6 ends

(8) The adult-oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use, unless otherwise permitted under a Land Use Permit.
(9) The adult-oriented business shall not conduct any massage, tattooing or acupressure on the premises or operate escort services from the premises. (10) For Adult Entertainment Establishments or Adult Sex Venues, the applicant has submitted a security plan, developed in consultation with, and approved by, the Police Department, to address patron safety at such facilities. (11) The adult-oriented business complies with the city’s sign regulations. (12) The adult -oriented business complies with the development and design requirements of the zone in which it is to be located.
(13) The adult-oriented business shall not display any sexually-oriented material or sexually-oriented merchandise which would be visible from any public rights-of-way.
(14) The adult-oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty -one if liquor is served.
(15) With the exception of adult sex venues, the adult -oriented business shall not operate between the hours of two a.m. and six a.m.
(16) Neither the applicant, if an individual, n or any of the officers or general partners, if a corporation or partnership, of the adult-oriented business has been found guilty within the past two years of a felony classified by the state as a sex- related offense and has not violated any of the provisi ons of an adult-oriented business license or similar permit or license in any city, county, territory or state.
(17) The adult-oriented business complies with the outdoor lighting standards listed in Palm Springs Zoning Code Chapter 93.00.
(18) The adult-oriented business shall comply with the noise ordinance and any mitigation measures necessary to reduce the project’s noise impacts to the city’s articulated noise standard.
(19) The adult-oriented business shall comply with all building and construction standards of the California Building Code, as adopted by the City of Palm Springs, and all other federal, state and city -adopted standards for the specific use.
(20) The following additional standards shall apply to Adult Sex Venues:
a. Information shall be provided to patrons relating to the risk of contracting HIV/AIDS and other sexually transmitted infections, and the methods of preventing such infections. Operators shall be required to partner with a local public health organization to educate patrons on sexually transmitted infections and substance abuse prevention.
b. Safe sex supplies, including condoms and lubricant, shall be made available for patrons.

Item 1E - Page 8
Ordinance No. 2082

Page 7 ends

c. Employees shall be trained regarding the transmission of sexually transmitted infections and the means of prevention.
d. Operators shall ensure that the facility is maintained in a sanitary condition. The Director shall establish and publish sanitation guidelines for Adult Sex Venue facilities , which shall be provided to the operator and serve as a basis for inspections by City staff. e. Any public areas of the Adult Sex Venue shall be screened from view of any adjacent public right-of-way utilizing a six (6) foot high opaque wall, fence, or hedge. For the purposes of this requirement, parking lots shall not be considered a public area.

(b) The Director shall deny the requested license if the above findings have not been made.

*The distance of separation required by Findings (a) (1), (2) and (3) shall be made using a straight line, without regard to intervening structures or objects, from the nearest property line of the property on which the adult -oriented business is, or will be located, and to the nearest property lie of the protected uses described in this Subsection.

5.77.030 License – Duration.

An adult-oriented business permit
license shall be valid for a period of one year from the date of issuance.

5.77.035 License – Renewal.

A license for an adult -oriented business shall be renewed on a year -to-year basis provided that the permittee and the adult -oriented business continue to meet the requirements set forth in this chapter. The Director or designee shall inspect the adult- oriented business as part of the renewal process to verify that the business is in conformance to the requirements of this chapter. A request for license renewal must be accompanied by a completed adult -oriented business license application. If said application conforms to the previously approved application and the adult -oriented business has not changed, the license shall be renewed by the Director for another year.

Any change or alteration in the nature or operation of the adult -oriented business will require the renewal to be reviewed by the Director. The renewal fee for an adult-oriented business license shall be established by ordinance or resolution of the city council.

5.77.040 Licenses – Nontransferrable – Use Specific.

No license for an adult -oriented business may be sold, transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the license and the license shall be thereafter null and void. An adult -oriented business license held by a Item 1E - Page 9
Ordinance No. 2082

Page 8 ends

corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult -oriented business from one element of an adult -oriented business to another element of an adult -oriented business shall also render the license null and void. An adult -oriented business license shall only be valid for the exact location specified on the permit.

5.77.045 Enforcement and Revocation.

(a) Inspections. The permittee shall permit officers of the city of Palm Springs, the county of Riverside, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult -oriented business for the purpose of ensuring compliance with the law at any time the adult -oriented business is open for business or occupied.

(b) Revocation Grounds. The Director may revoke an adult-oriented business license when it is discovered that any of the following have occurred:
(1) Any of the findings contained in Section 5.77.025 above ceases to be satisfied;
(2) The application contains incorrect, false or misleading information; (3) The applicant is convicted of any felony that is classified as a sex or sex - related offense, any violation of the city’s zoning ordinance, any violation of the city’s massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state;
(4) Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the adult-oriented business.

(c) Revocation Notice. Upon determining that the grounds for license revocation exist, the Director shall furnish written notice of the proposed revocation to the permittee.

Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen calendar days of the posting or the post-marked date on the notice. The notice shall be delivered both by posting the notice at the location of the adult -oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appears on the license. Not later than fifteen calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the Director’s determination with the city clerk. If the appeal is filed within fifteen calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (d) of this section.

(d) Appeal. Any person aggrieved by a decision of the Director under this chapter may file an appeal in the manner provided in Chapter 2.05 of the Palm Spri ngs Municipal Code, and the appeal shall be noticed, heard and decided as provided therein.

Item 1E - Page 10
Ordinance No. 2082

Page 9 ends

(e) Reapplication After Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an adult -oriented business license for a business once its license has been revoked.

5.77.050 Violation – Penalty.

(a) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted adult -oriented business, or who violates any provisions of this chapter, including but not limited to any provision of Section 5.77.025, shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars for each offense or imprisoned for not more than six months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.

(b) Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.

(c) Any adult -oriented business at which two (2) or more overdoses of regulated narcotics occur within any twelve (12) month period shall be subject to revocation of its business license, with automatic suspension of its business license pending final resolution of license revocation proceedings.

Revocation of the business
license may be appealed pursuant to the appeal procedure provided in PSMC Chapter 3.68.

(d) In the event any owner, co- owner, investor or employee of any adult -oriented business is arrested or convicted of any of the following offenses: human trafficking, prostitution, facilitating prostitution (pimping), such business shall be subject to revocation of its business license, with automatic suspension of its business license, pending final resolution of license revocation.

(e) In the event any arrest or conviction for the crimes listed in subdivision (d) is based on activity at an adult -oriented business, such business shall be subject to revocation of its business license, with automatic suspension of its business license, pending final resolution of license revocation.

Revocation of the business
Item 1E - Page 11
Ordinance No. 2082

Page 10 ends

license may be appealed pursuant to the appeal procedure provided in PSMC Chapter 3.68.

(f) Any adult -oriented business shall, as a closely regulated business, during the hours of 8:00 am to 6:00 pm, be subject to inspection by any peace officer, City employee or health inspector, without delay or hindrance. Any such search between the hours of 6:00pm to 8:00am of the next day shall require either the consent of the operator or a judicially-issued search warrant.

(Note: Only those changes discussed at the City Council meeting of February 21, 2023, are shown in underlined or stricken
text.)

SECTION 3. Applicants for a business license for an adult-oriented business shall pay the Adult Oriented Business Permit fee , as established in the adopted Comprehensive Fee Schedule, in addition to any required business license fee. These fees may be consolidated and adjusted as part of any amendment process for the Comprehensive Fee Schedule.

SECTION 4
. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5
. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.

SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 23
RD DAY OF MARCH, 2023.

Item 1E - Page 12
Ordinance No. 2082

Page 11 ends

GRACE ELENA GARNER
MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK

Item 1E - Page 13
Ordinance No. 2082

Page 12 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 1E - Page 14

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

ADOPTION OF THE 2023 AUTOMATIC AID AGREEMENT AND OPERATING

PLAN BETWEEN THE PALM SPRINGS FIRE DEPARTMENT AND RIVERSIDE

COUNTY FIRE DEPARTMENT
RECOMMENDATION:

Approve the 2023 Automatic Aid Agreement and Operating Plan between the Palm Springs Fire Department and the Riverside County Fire Department.

1. Authorize the Interim City Manager to execute the agreement. 2.

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: MARCH 23, 2023 CONSENT CALENDAR

SUBJECT: ADOPTION OF THE 2023 AUTOMATIC AID AGREEMENT AND

OPERATING PLAN BETWEEN THE PALM SPRINGS FIRE

DEPARTMENT AND RIVERSIDE COUNTY FIRE DEPARTMENT

FROM: Scott C. Stiles, City Manager

BY: Fire Department

SUMMARY:

The City Council will consider adopting the 2023 Automatic Aid Agreement and Operating Plan between the Palm Springs Fire Department and the Riverside County Fire Department. The agreement and operating plan provide for automatic response to fire and emergency medical/rescue incidents within the intermingled protection areas of the two agencies.

RECOMMENDATION:

1) Approve the 2023 Automatic Aid Agreement and Operating Plan between the Palm Springs Fire Department and the Riverside County Fire Department. 2) Authorize the City Manager to execute the agreement.

BACKGROUND:

Palm Springs Fire Department and Riverside County Fire Department share geographic proximity to each other. A greements for automatic assistance in fire protection and response to other emergencies have existed between specific municipalities and governmental jurisdictions since 197 8 to provide the highest levels of services in conjunction with the most effective use of local fire department resources working collaboratively through intergovernmental cooperation.

The most recent agreement was signed in August of 1996. That agreement has not been updated and has been rewritten to fall in line with the understanding and intent that both agencies, when addressing emergency response, shall adhere as closely as practical to the “closest unit” concept which forms the basis for this agreement.

Item 1F - Page 1
City Council Staff Report
March 23, 2023 -- Page 2
Automatic Aid & Operating Plan w/Riverside County Fire

STAFF ANALYSIS:

The specific details of the services to be provided under this agreement have been determined by the respective Fire Chiefs of both the City of Palm Springs and the Riverside County Fire Department. These services are detailed in the Operating Plan (Exhibit A included in Attachment A) and are reviewed annually and potentially amended from time to time in line with this agreement.

Pursuant to the authority granted by Section 55632 of the California Government Code (California Disaster and Civil Defense Master Mutual Aid Agreement), the parties agree to respond to emergency incidents outside of their geographical jurisdictions, and into the geographical jurisdiction of the other in accordance with the terms of this agreement.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priorities 4A and 4B – Good Governance.

FISCAL IMPACT:

The Fire Department is currently funded to meet the obligations of participation in the automatic aid agreement . The system is design ed to be reciprocal and without cost recovery for services rendered. In the event of a large- scale incident or event where a federal declaration is made requiring specific resources or personnel , there will be a mechanism to recover part or all of any additional resources required.

REVIEWED BY:

Acting Department Director: Jason Loya
City Manager: Scott Stiles

ATTACHMENTS:

A. Automatic Aid Agreement
Item 1F - Page 2

ATTACHMENT A

Item 1F - Page 3

AUTOMATIC AID AGREEMENT
THIS AGREEMENT, made and entered into this ____ day _____________, 2023, by and between the

COUNTY OF RIVERSIDE
AND

CITY OF PALM SPRINGS

RECITALS
Both the County of Riverside (“County”) and the City of Palm Springs (“Palm Springs”) maintain, as part of their municipal service, an organized and equipped Fire Department, charged with the duty of fire protection and rescue services within their respective jurisdiction, and they have agreed it would be to the benefit of each party that the fire protection and rescue services of each party be, in some circumstances, extended outside of the jurisdictional boundaries of each party, and
The parties both desire that in some circumstances City of P alm Springs will respond to fire and emergency medical/rescue incidents outside of the jurisdictional boundaries of the City of Palm Springs, and that in some circumstances the Riverside County Fire Department will respond to fire and emergency medical/rescue incident within the jurisdictional boundaries of the City of Palm Springs.

NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISES,

COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:

That the specific details of the services to be provided under this agreement shall be determined by the respective Fire Chiefs of both the City of Palm Springs and the Riverside County Fire Department. These services shall be detailed in an Operating Plan, which the Fire Chiefs shall develop and annually review and potentially amend from time to time in line with this agreement.

The Operating Plan, as it may be amended pursuant to that annual review, shall become part of this agreement as Exhibit A. It is understood that all plans that deal with emergency response shall adhere as closely as practical to the “closest unit” concept which forms the basis for this agreement.

Pursuant to the authority granted by Section 55632 of the California Government Code (
California Disaster and Civil Defense Master Mutual Aid Agreement), the parties agree to respond to emergency incidents outside of their geographical jurisdictions, and into the geographical jurisdiction of the other in accordance with the terms of this agreement. The Fire Chief of the parties from time to time may amend Exhibit “A” attached hereto by mutual consent in line with this agreement.

Each party shall maintain Worker’s Compensation Insurance covering its own employees w
ithout cost to the other agency, and each agency shall pay its own personnel without cost to the other agency.

Item 1F - Page 4

Each of the parties shall be fully responsible for all repair and maintenance, including gas, oil, lubrication, parts, and replacement, and repair of casualty damage of all of its own apparatus equipment used pursuant to this agreement while said equipment is used outside of tis geographical boundaries.

Each party shall be responsible to provide the law enforcement and traffic control personnel within its own geographical boundaries.

The Fire Chiefs of the parties shall have joint authority and responsibility for the administration of this agreement which they may delegate to their agents or employees in their respective Fire Departments.

The agency receiving aid shall provide (if possible) an officer of its Fire Department, who will be in charge and direct activities and assume the responsibility for releasing all Fire Department resources from the scene.

No payment of any kind shall be made between the parties as compensation for services performed pursuant to this agreement for initial attack incidents. Services performed for no compensation are limited to staffed fire apparatus, rescue squads aerial fire apparatus and overhead (chief officer) personnel and associated equipment.

Each agency may, upon its own initiative, go upon land that is within the boundaries of the other agency to engage in fire suppression work without prior authorization, provided, however, that its forces shall not knowingly perform any act of a nature which will reflect to the discredit, or which is contrary to the established policy of the responsible agency.

When an emergency incident occurs along the border between protection jurisdictions, it is agreed that under no circumstances should there be any delay in response pending determination of the precise location. It shall be agreed policy that both agencies shall send forces promptly to start appropriate action on borderline incidents. Each of the parties shall be fully responsible for the preservation of evidence.

It is mutually understood and agreed that this agreement does not relieve either party hereto from the necessity and obligation of using its own resources for furnishing emergency response services within any part of its own jurisdiction, and that the responding party’s response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources. If the responding party cannot respond under this agreement, it must immediately notify the requesting party.

No response to an automatic ai d request provided for in this agreement will be made by the parties hereto unless such request is received through the established communication channels common to each party and made by a responsible official to the party requesting such aid.

Each party shall defend, indemnify, and hold harmless the other party and their respective agents, servants, and employees, of and from any and all liabilities, claims, demands, debts, Item 1F - Page 5
suits, actions and causes, arising out of or in any manner connected with, any act or omission of such indemnifying party hereunder, or its agents, officers, servants, and/or employees, done or performed pursuant to the terms and conditions of this agreement. In addition, pursuant to Government Code sections 895.4 and 895.6, if either party is held liable upon any judgement for damages caused by a negligent or wrongful act or omission occurring in the performance for this agreement and pays in excess of its pro rata share in satisfaction of such judgement, such party is entitled to contribution from the other party of this agreement. The pro rata share of each party for purpose of this section shall be determined according to the comparative fault of the respective party(ies), as between them. This defense, indemnification, and hold harmless provision shall survive the termination of this agreement.

None of the provisions of this agreement are intended to create, nor shall be deemed or construed to create, any relationship between the parties other than that of independent parties contracting with each other for the purpose of effecting the provisions of this agreement. The parties are not, and will not be construed to be, in a relationship of joint venture, partnership, or employer-employee. Neither party has the authority to make any statements, representations, or commitments of any kind on behalf of the other party, or to use the name of the other party in any publication or advertisements, except with the written consent of the other party or as explicitly provided herein. Each party will be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any.

This agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever.

A waiver of breach of any provision of this agreement by either party shall not operate as a waiver of any subsequent breach of the same or any other provisions of this agreement.

Nothing in this agreement shall limit the Parties from participating in other existing agreements with other fire jurisdictions.

This agreement shall be effective as of the day and year herein above written and continue until terminated by either party by giving 90 days’ notice. Notice shall be given to the City of Palm Springs at 1 Town Square Palm Springs, CA 92562 or the Riverside County Fire Department at 210 West San Jacinto Avenue, Perris, CA 92570.

This agreement constitutes the entire and full understanding between the parties, and neither party shall be bound by any representation, statement, promise, or agreement not expressly set forth herein. This agreement may only be amended by written instrument signed by both parties.

If any term, portion or provision of this agreement is determined to be unlawful, it shall not affect that remaining terms, portions or provision, which shall remain in full force and effect.

This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.  Each party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the Item 1F - Page 6
requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement.  The parties further agree that the electronic signatures of the parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.  Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

This agreement shall be construed in accordance with and governed by the laws of the State of California. The venue for any action or claim brought by any party to this agreement will be the Superior Court of Riverside County. At all times during the term of this agreement, the parties shall comply with all applicable laws, ordinances, rules and regulations of the United States of America and the State of California, including all agencies and subdivisions thereof.

All notices, reports, or demands required to be given in writing under this agreement shall be deemed to be given when delivered personally to the person designated below, or his successor, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid, or on the next addressed business day if sent by express mail or overnight air courier to the party to which the notice is being given, as follows:

COUNTY OF RIVERSIDE: CITY OF PALM SPRINGS:

Fire Chief City Manager
210 West San Jacinto Avenue 3200 E. Tahquitz Canyon Way, Perris, CA 92570 Palm Springs, CA 92262

Either party may, upon written notice, change such address/contact information.

[Signature provision on following page]

Item 1F - Page 7
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF PALM SPRINGS

Dated: __________________________ By: _____________________________ Scott C. Stiles, City Manager

COUNTY OF RIVERSIDE, a political
subdivision of the State of California

By: _____________________________
Chair, Board of Supervisors

ATTEST: APPROVED AS TO FORM:

KIMBERLY RECTOR MINH C. TRAN,
Clerk of the Board County Counsel

Dated: __________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel

Item 1F - Page 8
EXHIBIT "A"

AUTOMATIC AID AGREEMENT BETWEEN

CITY OF PALM SPRINGS FIRE DEPARTMENT

AND THE

RIVERSIDE COUNTY FIRE DEPARTMENT

"OPERATING PLAN"

This Operating Plan is adopted pursuant to the Automatic Aid Agreement dated to which it is attached the Riverside County Fire Department and the City of Palm Springs Fire Department. The following Operating Plan outlines the Dispatching and Emergency Incident Response elements to implement this agreement.

This plan can be modified at any time with mutual written agreement by the Fire Chiefs for the Riverside County Fire Department and the City of Palm Springs Fire Department.

"EMERGENCY INCIDENT RESPONSE"

1. Both agencies may provide to each other, upon request: any special equipment needed to meet unusual emergency needs, provided such special equipment is available. This shall include Chief Officer Coverage as well as apparatus and equipment for station coverage upon request.

2. The services to be rendered pursuant to this agreement shall consist of providing First Alarm Fire Response and Emergency Medical/Rescue Services, and each agency agrees to also provide, where possible, all of its own additional apparatus and equipment necessary in the event of a second or third alarm involvement within its own geographical boundaries.

“DISPATCH PROCEDURE”

1. Parties agree to respond with resources as suggested by Computer Aided Dispatch (CAD), dependent on availability (Automatic response upon notification).

• Medical Aid - One Engine Company, Squad, or Truck Company for medical aids (automatic response upon notification).

• Fires / Rescues / Other – Up to two apparatus and a Battalion Chief will be provided by the sending agency to assist the requesting agency.

Item 1F - Page 9
• For all fire and/or rescue calls, each agency will receive the closest unit regardless of agency of origin, as well as the closest available and appropriate unit from the agency having authority to complete necessary reporting.

2. Communication channels will be directed by the Dispatch center of the a uthority h aving jurisdiction.

3. Upon receipt of an alarm involving these areas, the department receiving the alarm will immediately notify the cooperating department.

4. Specific deviations from the response agreement due to geographical considerations are listed below. See attached Map “Exhibit B.”

Overture/Windy Point Area
• Palm Springs will respond to all medical emergencies (regardless of determinate code). • Palm Springs will respond 1 Battalion Chief, 2 Engines for Structure Fires. Riverside County will fill the balance of the first alarm assignment including a Chief Officer for structure fires.
• Additional alarm assignments will be filled by County Fire. • County fire will respond a single unit for fire reporting for any fire type.

South Palm Canyon Area
• Palm Springs will respond to all medical emergencies (regardless of determinate code). • Palm Springs will provide full first Alarm assignment for structure fires. • County Fire will respond one Engine for fire reporting of any fire type. • Additional alarm assignments will be filled by County Fire.

Palm Springs Tramway
• Palm Springs will respond to all medical emergencies and remote area rescues within ½ mile of the upper tramway station.
• Once on scene Palm Springs resources will determine need for any additional or specialized resources and place request to County Fire

I10 Between Hy 62 and Indian
• Palm Springs and County Fire will respond one engine, squad, or truck each. Responding units will coordinate to ensure one responds westbound and one eastbound .

EB Whitewater Rest Stop
• 1 County Fire Engine on request from Palm Springs Fire

Reviewed by:

Riverside County Fire Department
City of Palm Springs Fire Department

________________________________
_______________________________
Bill Weiser, Fire Chief Jason Loya, Acting Fire Chief Item 1F - Page 10

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

APPROVE SERVICE AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES, INC.,

DBA PCI FOR AIRFIELD RUBBER AND PAINT REMOVAL AND PAINT

APPLICATION SERVICES
RECOMMENDATION:

1. Appropriate $660,000 from Airport Fund 415 to the account 4157030.40105 budget; and

2. Authorize the City Manager or designee to execute all necessary documents.3.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: MARCH 23, 2023 CONSENT CALENDAR

SUBJECT: A PPROVE SERVICE AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES, INC. , DBA PCI FOR AIRFIELD RUBBER AND PAINT

REMOVAL AND PAINT APPLICATION SERVICES

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve a three- year agreement with two one- year options with WGJ Enterprises, Inc. dba PCI in an amount not to exceed $660,000 for airfield rubber and paint removal and paint application services for Palm Springs International Airport.

RECOMMENDATION:

1. Approve Contract Services A greement 23B043 ( Attachment A ) with WGJ Enterprises, Inc. dba PCI to provide airfield rubber and paint removal and paint application services in an amount not to exceed $660,000 for the initial three-year term beginning April 1, 2023 through March 31, 2026, with two one-year extension options at the City’s sole discretion; and

2. Appropriate $660,000 from Airport Fund 415 to Account 4157030.40105 budget; and

3. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on February 21, 2023, WGJ Enterprises, Inc. dba PCI is registered in the State of California. The owner is William G. Jacob with 100% beneficial interest in entity.

BACKGROUND:

The Airport has two parallel asphalt paved runways: Runway 13R-31L and Runway 13L- 31R, and multiple taxiways and ramp areas. As a part of the Airfield Maintenance Item 1G - Page 1
City Council Staff Report
March 23, 2023 -- Page 2
Award of Airfield Rubber & Paint Removal & Paint Application Services Contract

program, the airfield requires rubber and paint removal and paint application on a reoccurring basis. Rubber buildup from the tires of landing aircraft gradually reduces the friction on runways and periodically removing the rubber buildup is part of routine maintenance in order to increase the friction on runways for landing aircraft.

Over time, paint on the airfield can become worn out, cracked, or chipped. This can create a rough surface that can damage aircraft tires. Removing and reapplying paint on the airfield can help to maintain a smooth surface, reducing the wear and tear on aircraft tires.

Overall removing rubber and paint and reapplying paint markings on the airfield is an important maintenance task that ensures safety, compliance, aesthetics, and maintenance of the Airport.

STAFF ANALYSIS:

The contract with WGJ Enterprises, Inc. dba PCI is an on-call, as-needed type contract.

The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 23-19 ) was initiated by the C ity’s Procurement & Contracting Department on February 1, 2023, based on the Department of Aviation specifications.

Bids were solicited directly via the City’s procur ement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Three bids were received by the February 21, 2023, deadline as follows:

Vendor Bid
WGJ Enterprises, Inc. dba PCI $123,715.00
Cal Stripe Inc. $295,410.00
Statewide Stripes, Inc. $829,910.00

The contract is for three years with two one- year options to renewal. The unit pricing is fixed for the first year and subject to a Consumer Price Index ( CPI) increase in the following years. Staff recommends approval of a Contract Services Agreement 23B043 with WGJ Enterprises, Inc. dba PCI for the initial three- year term in the amount not to exceed $660,000 effective April 1, 2023 through March 31, 2026, subject to two one-year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does Item 1G - Page 2
City Council Staff Report
March 23, 2023 -- Page 3
Award of Airfield Rubber & Paint Removal & Paint Application Services Contract

not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

Approval of this action includes an appropriation of $660,000 from the Airport Fund Balance Account 4157030.40105 in Fiscal Year 2023.

REVIEWED BY:

Department Director: Harry Barrett
Acting Finance Director: Kristopher Mooney
Procurement and Contract Manager: Kim Baker
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 23B043
B. Public Integrity Disclosure
Item 1G - Page 3

Revised 2.8.23

CONTRACT SERVICES AGREEMENT 23B043

AIRFIELD RUBBER AND PAINT REMOVAL AND

APPLICATION SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 1, 2023 , by and between the City of Palm Springs, a California charter city and municipal c orporation (“City”), and WGJ ENTERPRISES, INC. DBA PCI , a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified contractor to provide the City with airfield rubber and paint removal and application services at the Palm Springs International Airport (PSP), (“Project”).

B. Contractor has submitted to City a proposal to provid e airfield rubber and paint removal and application services, to City under the terms of this Agreement.

C. Based on its experience , education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “ Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pract icing under similar conditions. In the ev ent of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Contractor shall comply with all applicable federa l, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 1G - Page 4

Revised 2.8.23

1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agre ement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for co mpletion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation rega rdless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $660,000.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month , in the form approved by City’s finance director . Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses st ated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to docu ments, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

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4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of perform ance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the follo wing: (1) Acts of God or other natural disaste rs occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions . For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, rules to protect the public health, welf are and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Se ction 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of three years, commencing on issuance of Notice to Proceed , unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City . Upon receipt of the notice of terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portion s thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action .

Contractor may not terminate this Agreement except for cause, upon th irty (30) days written notice to City.

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5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its be half with respect to the specified Services: William G. Jacob (name), President/Owner (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for Cit y to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement . T he foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to th e Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, it s pr incipals and employees, were a substantial inducement for City to enter into this A greement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transfe rred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisio ns stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions o f i ts subcontractor(s) in the same manner as it is for persons directly employed. Noth ing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its e mployees shall have any control over the manner, mode , or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and s hall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all r eports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ comp ensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel Item 1G - Page 7

Revised 2.8.23

without the prior written approval of the Contract Officer. Acting thr ough the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

William G. Jacob President/Owner

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates a nd the performance of other requirements on certain “public works” and “maintenance” pro jects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or mo re for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemn ify and hold the City, its officials, officers, employees and agents free and harmless f rom any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon t he Contractor and all subcon tractors to comply with all California Labor Code prov isions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for m aintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department o f I ndustrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcon tractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Ind ustrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damage s, demands, orders, penalties, and expenses Item 1G - Page 8

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including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to o r d eath of persons (Contractor’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employe es, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under n o c ircumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expira tion or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be li mited to the extent which the C laims arise out of, pertain to, or relate to the negligen ce, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement , or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and e xpenditures pertainin g in any way to this Agreement. Contractor shall keep such b ooks and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, s pecifications, reports, records, documents, and other materials prepared by Contractor in t he performance of this Agreement shall be the property of City . Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

Item 1G - Page 9

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8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publ icly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular busines s hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, do cuments, and activities directly related to Contractor’s performance under this Agreemen t. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make s uch items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and inte rpreted both as to validity and to performance of the parties in accordance with the law s of the State of California.

Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Superio r C ourt of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to ach ieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and identification pu rposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercis e of any right or remedy of a non - defaulting Party on any default shall impair such righ t or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with resp ect to rights and remedies expressly declared to be exclusive in this Agreement, the rig hts and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e o r d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.

Item 1G - Page 10

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9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigati on or any non -judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable atto rney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers a nd Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any dir ect or indirect financial interest in this Agreement, nor shall Contractor enter into an y agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other considera tion in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not dis criminate against any employee or applicant for employment because of actual or perceive d r ace, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethn icity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor 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 capacit y t o enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor 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 Cont ractor 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 no n- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item 1G - Page 11

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writing and either served personally or sent by pre -paid, first-class mail to the address set fo rth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: WGJ Enterprises, Inc., dba PCI
Attention: William G. Jacob
975 W. 1st Street
Azusa, CA 91702

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to th e subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law . In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The pers ons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

Item 1G - Page 12

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11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

12. FEDERAL PROVISIONS
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “C” attached hereto and incorpo rated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

[SIGNATURES ON NEXT PAGE]
Item 1G - Page 13

Revised 2.8.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND WGJ ENTERPRISES, INC. DBA PCI

IN WITNESS WHEREOF, t he Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

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 1G - Page 14
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Revised 2.8.23

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1G - Page 15

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1.1 Scope:

A. Contractor will provide removal of airfield painted markings, thermoplastic markings and rubber from all runways, taxiways and ramp areas on an as needed basis within the Air Operations Area (AOA) of the Palm Springs International Airport (PSP). Removal shall not damage the paving surface to any discernable degree.

B. Rubber removal shall occur every 13 weeks beginning March 1st of each calendar year.

C. After rubber removal, a friction test shall be administered pursuant to FAA circular AC 150/5320-12D and the results provided to PSP Operations Department.

D. Paint removal needs will be on an as requested basis.

E. All work on runways and taxiways must be performed during the “off hours” of the airport unless otherwise approved by the Director of the Airport. This will consti tute night work on the part of the contractor at times.

F. All waste removed from the AOA is the responsibility of the contractor to dispose of pursuant to local regulations.

G. If water blasting method is selected, close control of water pressure and blasting time / duration shall be used to prevent disintegration damage to the pavement, grooves, or markings.

H. If chemical method is selected, the process and materials shall be compatible with pavement materials, the environment, and personnel, and shall not cause damage to the pavement, grooves or markings.

I. If damage is caused by t he Contractor, as determined by the Airport, Contractor shall repair damage within 24 hours of the Airport’s notification, at no cost to the City. If Contractor does not perform repairs to the Airport’s satisfaction, the Airport will perform the repair s an d deduct the cost of said repairs from Contractor’s invoice.

J. The asphalt pavement surface temperature shall be a minimum of 40 degrees F during removal operations. Removal operations shall cease during rainfall, except for water blasting and removal of previously applied chemicals. Water blasting shall cease when surface water accumulation alters the effectiveness of material removal.

K. Applicable areas during scheduled work will be closed to traffic. However, should an emergency landing or take -off be necessary, the Contractor shall, when notified by Airport escort staff, stop all operations and immediately, regardless of the sequence of events in process, evacuate personnel and equipment f rom the runway to a location as specified by Airport staff.

L. Apply paint markings to the runways, taxiways and ramp areas that are consistent with th e surveyed plan of the AOA and follow the marking standards set f orth in FAA circular AC 150/5340-1M or the most current version of this document.

M. All paint applied must meet FAA requirements defined in FAA circular AC 150/5370- 10E or the most recent version of the document.

N. Glass beads shall be used for all movement area and ramp area markings as described in AC 150/5370-10H or the most recent version of the document.

1.2 Adjustment of Services:

Item 1G - Page 16

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The City reserves the right to reduce or increase, or otherwise a djust the scope of services.

1.3 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bu reaus o f Labo r Statistics fo r the Riverside-San Bernardino-Ontario Areas.

3. The City will only pay for the items listed on t he b id form. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor , supervision, project management, overhead, p rofit, travel, mileage, truck charges, fuel charges, service call charges, parking delivery, p ortal-to portal charges , environmental fees, shop supplies and consumable incident al materials. The City will not pay for subcon tractors, ren tal of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.4 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must r eference a purchase order number and shall indicate the unit (con tract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost w ith receipts required with allowable markup as outline in the con tract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented e quipment, permits, disposal and recycling fees. Invoices that are submit ted with incorrect pric es may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct i nvoice. The Cit y shall not be responsible for payment until a cor rect invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval.

1.5 Special Security Requirements – Palm Springs International Airport:

1. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal hi story Record s Check (CHRC) and TSA Security Thre at Assessment (STA) – The Contractor will be required to submit the City, prior to the comme ncement of s ervices, an Authorized Si gnatory Aut hority Le tter authorizing sp ecific C ontractor representatives to app rove the iss uance o f Airport Id entification badg es a nd the processing of a fi ngerprint CHRC and STAs. Electronic links to this letter and th e Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of t he control of t he City, security measures may change on short notice. No de viations from any securi ty measure shall be allowed at any time.
c. Restricted Are a Access – All Contrac tor per sonnel w ho requ ire unescort ed access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge , must su ccessfully complete a fingerpr int ba sed CH RC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the a pplicant has not been convicted, or found Item 1G - Page 17

Revised 2.8.23

not guilty by reason of insanity, of any of the disq ualifying crimes listed below or as sta ted in 49 CFR 1542.209, during the 10 yea rs before the date of the individual’s application for unescorted access authority, or while the individual has une scorted access au thority. The disqualifying criminal offense s are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance. 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:

Item 1G - Page 18

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i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a con trolled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

2. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subco ntractors requiring access to the work s ite shall, in accordance with the PS P Airport Security Plan, be required to display airport issued identific ation or be und er the esco rt by prope rly bad ged personnel.

Supervisors sha ll be badged w ith a Palm S prings I nternational Airport Photo Badge. These badges will be iden tified numerically and iss ued to individual employees w ith a permanent record maintained on each individual to whom a badge is issued. At the completion of the c ontract, all bad ges will be returned to airport, or a charge of $60 pe r badge (subject to chan ge) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for u se i n an FBI Criminal Recor ds search. Any pe rson whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the proj ect site.

All required paperwork and ID badge applications shall be s ubmitted a minimum of two weeks before issuance of any badge . The Contractor an d its staff ar e responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of t he b adge may take in excess of 3 ho urs. There will b e a $50 char ge (subject to change) for the FBI background check a nd fingerpri nting process, and a $50 charge (subje ct to change) for the badge for a total of $100.00.

3. Violations – All violations of Airport security are also violations of the City of Palm Springs Muni cipal Title 16, California Vehicle code and/or the C ode of Federa l Regulations. Any s uch violation may result i n arres t, the issuance of a citation and/or the immediate revocation of access privileges.

Item 1G - Page 19

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AOA Map

Item 1G - Page 20
1/19123, 1:30 PM Google Eanl>

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Item 1G - Page 21
ATTACHMENT F - REVISED PER ADDENDUM NO. 1

BID FORM
INVITATION FOR BIDS IFB 23-19

AIRF IELD RUBBER AND PAINT REMOVA IL AND APPLICATION SERVICES Responding lo lhis IFB ror on-call airfield rubb er and paint remova l and applica tion services, lhe undersigned bidder proposes and agrees 10 provide lhe services and work In acwrdance wilh the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervis ion, and service necessary lo complete said Work in accordance with the Speclflca tb ns of the City of Palm Springs and will accept as full payme nt therefore, lhe following uni! cost amounts. The Clly of Palm Springs will not accep t any additional charges, fees, elc. lhal are nol already included or incorporated in the be ow unil costs.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
1 Rubbor Removal Services SF 120,000 o . .c. ~ '~o . o....._ 2 Paint Removal Services SF 5 000 'Z , ,.,..,0 ,, _ .._ ,,.,, O 3 Painl A""li catlon Services HR 100 .-4.o -»F.,J
-
"">Y ~ . -oO
4 Parts and Materials% mark-up (Ente, %
the percent in the unit price column as 100
I. /5 ~115-oo a decimal figure: Example. for a 10%
markuo, enler 1.101.

TOTAL ,_ ,r,- .o.

Name/Type/Mode l Eq,ipme nI used for Rubber Remova l Services: NLB Stnrje, SRV-~ Name/Type/Mode l Eq•Jipmenl used ror Pain! Removal Services: NLll S1arjc1 SRV-4 Name/Type/Mode l Eq•Jipmenl used for Pain! Applicalio•n Services: Striping True~ TRl-330 2 color Airless S)Sle m
'Note : This bid rorm is 10 determ ine the lowest bidder and w ill be used to eslablish lhe conlracl unit prices . The conlract value will be set at lhe City budge ! amount Certified by: \\iilliam G. J~.;ob
Firm Name: \\GJ ... merprises Inc .. dha PCI
4 t ~--,,, +-'. -=-- ~
Slgnalure of Aulhorized Pers on: _ __x_:::::~=0~:::::::'.::::~~:=:=::=::'.~=--- Printed Name: \\' illinnl G. focob
Title: rrcsi<len1tQ" m:r
Date: ~nr2on

Revised 2.8.23

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1G - Page 22

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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance a gainst all claims for inju ries against persons or damages to propert y resulting from Contractor’s performance under th is Agreement.

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its execution of this Agreement .

Contractor shall also carry workers’ compensatio n i nsurance i n accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , incl uding any e xtensions. Such insurance shall not be ca ncelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance . The minimum amount o f insurance requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal inj ury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.0 0) per occurrence and two million dol lars ($2,000,000) annual aggregate is:
_________ required
___X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance w ith limits of at least on e mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primar y with resp ect to the City and its respective elec ted officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not con tribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1G - Page 23

Revised 2.8.23

contribution it may have against Cit y, its elected officials, offic ers, employ ees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insuran ce, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agree ment to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain profession al liability insurance co verage with the same carrier in the amount required by this Agreement for at least three yea rs after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M . Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements , inc luding additional insured endorsement s, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City befo re work com mences. City reserves the right to req uire Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endors ements are not required f or Er rors a nd Omissions and Workers’ Compensation policies.

Verification of Insurance covera ge may be pro vided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Cove rage with an approved Additiona l Insured E ndorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” (" as respects City of Palm Springs Contract No.___" or "for any and a ll work performed with the City" may be included in this statement).

B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 3 0 d ays written notice to the C ertificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 1G - Page 24

Revised 2.8.23

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's wai ver of subrog ation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements l isted above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of ins urance and en dorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorize d b y a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approv ed by the Cit y prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall redu ce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, clai m a dministration, and def ense expenses.

Certificates of Insurance m ust include evidence of the amount of any deductib le or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.

8. Severability of Interests (Separat ion o f Insu reds). This insurance applies separately to each insured against whom claim is m ade or suit is brought except with respect to the limits of the insurer’s liability.

Item 1G - Page 25

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Exhibit C

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48

*Solicitation Clause also
Updated 2.8.2023
Item 1G - Page 26

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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of thei r duly authorized representatives access to any book s, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1G - Page 27

Revised 2.8.23

FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:

Construction – AIP funded construction work contracts and subcontracts that exce ed $10,000.

Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or im provements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.

Equipment – any equipment project exceeding $10,000 that invo lves installation of equipment onsite (e.g., electrical vault equipment). This provisi on does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).

Professional Services – any professional service agreement if the profe ssional services agreement includes tasks that meet the definition of construction work [as define d by the U.S.

Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).

Property/Land – any agreement associated with land acquisit ion if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENTS -

1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade: [the City must insert established goal] Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals es tablished for such geographical area where the work is actually performed. With regard to t his second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Oppor tunity Clause , specific affirmative action obligations required by the specifications s et forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be Item 1G - Page 28

Revised 2.8.23

substantially uniform throughout the len gth of the co ntract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project fo r the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-

4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor sh all provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the con tract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontra ctor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and compl etion dates o f the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this not ice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Reference: 41 CFR Part 60-4
Item 1G - Page 29

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FAA – 03 Breach of Contract
APPLICABILITY – required for all c ontracts that exceed the simplified acquisition thre shold as stated in 2 C FR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 1G - Page 30

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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, r econstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roa dways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and i ncluding the acquisition o f equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.

REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily ir on or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding age nts or additives that are or consist primarily of: non -ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cable s); glass (including optic glass); lumber; or drywal l u sed in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101
Item 1G - Page 31

Revised 2.8.23

FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.

REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no per son shall, on the grounds of race, color, national o rigin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participa ting in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

Reference: 49 USC § 47123
Item 1G - Page 32

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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for its elf, 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 progra ms of the Dep artment 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 w hose 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 (Nondisc rimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 19 75, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improveme nt Act of 198 2 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil R ights Restoration Act of 1987 (PL 100 -259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilit ation Act of 1973, by expanding the definition of th e t erms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and co ntractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabil ities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of pu blic entities, public and private transportation systems, places of public accommodatio n, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondi scrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 1 2898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (ensures no ndiscrimination against minority populations by discouraging programs, policies, and ac tivities with disp roportionately high and adverse human health or environmental effects on minority and low-income populations); Item 1G - Page 33

Revised 2.8.23

• Executive Order 13166, Improving Acces s 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 st eps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• 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).

Compliance with Nondiscrimination Requirements:

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

1. Compliance with Regul ations: The Contractor (hereinafter includes consultants) wi ll comply with the Title VI List of Pertinent Nondiscrimination A cts 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. Nondiscrimination: The Contractor, with regard to the work p erformed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including s exual orientation and gender identity), age, or disability in the selectio n and retenti on of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination proh ibited 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 Materia ls 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.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives iss ued pursuant thereto and will permit access to its books, records , accounts, other sources of information, and its facilities as may be determined by the City 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 informa tion, the Con tractor will so certify to the City 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 wi th the non-discrimination provisions of this contract, the City will impose such contr act sanctions as it or the Federal Aviation Administr ation may determine to be appropriate, including, but not limited to:

Item 1G - Page 34

Revised 2.8.23

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, i ncluding proc urements of materials and leases of equipment, unles s 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 City or the Federal Aviat ion 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 Contracto r may request the City to enter into any litig ation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Reference: 49 USC § 47123, FAA Order 1400.11
Item 1G - Page 35

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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and l ower tier contracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clea n Air Act (42 USC § 740 1-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environment al Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceeds $150,000.

Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251

Item 1G - Page 36

Revised 2.8.23

FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the con tracts not less than one and one -half times their basic rate of pay for all hours worked over 40 in a workweek.

CWHSSA prohibits u nsanitary, hazardous, or dangerous working conditions on federally - assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requi rements of this Act, while DOL ’s Occupational Safe ty and Health Administration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.

Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen , and guards . This includes members of survey crews and exploratory drilling operations.

Property – While m ost land t ransactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any pa rt of the contrac t work which may require or involve the employment of laborers or mechanics shall requ ire or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workwee k unless such laborer or mechanic receives compensation at a rate not les s than one and one-half times the basic rate of pay f or all hours worked in excess of forty hours in such workweek.

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of thi s clause, the Contractor and any subcontractor respon sible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Colum bia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each indiv idual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 f or each calendar day on which such individual was required or permitted to work in excess of the sta ndard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

Item 1G - Page 37

Revised 2.8.23

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withho ld or cause to be withheld, from any moneys payable o n account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally -assisted contract subject to th e Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy an y liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.

4. Subcontractors.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime con tractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with t he clauses set forth in paragraphs (1) through (4) of this clause.

Reference: 2 CFR Part 200, Appendix I I(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
Item 1G - Page 38

Revised 2.8.23

FAA – 09 Copeland Anti-Kickback

APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment , or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each con tractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.

Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.

Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSA s) include tasks that meet the defini tion of construction, alteration, or repair as defined in 29 CFR Part 5 . If such tasks result in work that qualifies as construction, alteration , or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.

Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. T he City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor a nd subcontractors are prohibited from inducing, by any means, any person e mployed on the project to give up any part of the comp ensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the pr ior week. City must report any violations of the Act t o the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1G - Page 39

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FAA – 10 Davis Bacon Requirements

APPLICABILITY -
The Davis -Bacon Act (40 USC §§ 3141 -3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.

Contract Types –
Construction –all construction contracts and subcontracts that excee d $2,000 and include funding from the AIP.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufact ured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) i ncludes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.

Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve labor ers and mechanics. The City must include this provi sion if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

Fencing Projects – Fencing projects that exceed $2,000 must include this provision.

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) All labor ers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any acc ount (except such p ayroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less t han those contained in the wage determination of the Secretary of Labor w hich is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or co sts reasonably anticipated for bona fide fringe benefi ts under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)( iv) of this section ; also, regular contributions made or costs incurred f or more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incu rred during such we ekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Item 1G - Page 40

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determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5 (a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determ ination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH -1321) shall be posted at all times by the Contr actor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not list ed in the wage dete rmination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) Th e proposed wage rat e, incl uding any bona fide fringe benefits, bears a re asonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hou r Division, U.S. Department of Labor, Washington, DC 2 0210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contractin g officer do not ag ree on the proposed classification and wage rate (incl uding the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contra cting o fficer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the clas sification under th is cont ract from the first day on which work is perfor med in t he classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the co ntractor Item 1G - Page 41

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shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third perso n, the Contractor may cons ider as part of the wages of any laborer or mec hanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Cont ractor, that the applicable standards of the Davis -Bacon A ct h ave been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Fede ral contract with the same prime contractor, or any other federally -assisted con tract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessar y to pay laborers a nd mechani cs, including apprentices, trainees, and hel pers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprenti ce, trainee, or hel per, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may b e necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and p reserved f or a period of three years thereafter for al l labor ers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classific ation; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deduct ions made; and actual wages paid . Whenever the Secretary of Labor has found under 2 9 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Dav is-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration o f apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for ea ch week in which any c ontract wo rk is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the cas e may be, for transmission to the Federal Aviation Item 1G - Page 42

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Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payrol l information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contra ctor is responsible fo r the sub mission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the C ontractor, or the Wage and Hour Division of the Department of Labor for purp oses of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Com pliance," signed by the Contractor or subcontractor or his or her agent who pay s or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information requ ired to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information i s bei ng m aintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and tr ainee) employed on the co ntract during the payroll period has been paid the ful l weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set for th in Regulations, 29 CFR Part 3;
(3) That ea ch laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in th e applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of a ny of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records r equired under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Depar tment of Labor and shall permit such representatives to interv iew empl oyees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency Item 1G - Page 43

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may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Appr enticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification sh all not be greater than the ratio permitted to the contractor as to t he e ntire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not le ss than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of th e journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of p rogress, expressed as a percentage of the journeymen hourly ra te spec ified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does n ot specify fringe benefits, apprentices must be paid the full amount of f ringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice cla ssification, fring es shall be paid in accordance with that det ermination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, t he Contrac tor will no longer be permitted to utilize a pprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor , Employ ment and T raining Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate sp ecified in the app roved program for the trainee’s level of pro gress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the Item 1G - Page 44

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trainee program. If the trainee program does not mention fringe b enefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a train ing plan a pproved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitte d to ut ilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of appr entices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate ins tructions r equire, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for d ebarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Depar tment of Labor, or the employees or their representatives.

Item 1G - Page 45

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10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contrac ts by v irtue of section 3(a) of the Davis -Bacon Act or 29 CFR §

5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.

Reference: 2 CFR Part 200, Appendix II(D) ; 29 CFR Part 5 ; 49 USC § 47112(b) ; 40 USC §§ 3141-3144, 3146, and 3147
Item 1G - Page 46

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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are no n-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP -funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal o r exceed $25,000. This includes contracts associated with land acquisition projects.

REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neit her it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

A11.3.2 Lower Tier Contract Certification

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by adminis tering each lower tier subcontract that exceeds $25 ,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in thi s federally assisted project. The Contractor will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administrat ion later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded o r disqualified at the time it entered the covered tr ansaction, the FAA may pursue any availab le remedies, including suspension and debarment of the non-compliant participant.

Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Contract Assurance (§ 26.13) –
The Contractor or subcontra ctor s hall not d iscriminate on the basis o f race, color, nat ional origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administ ration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under t his prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contracto r agrees further to return retainage payments to each subcontrac tor within [30 days] days after the subcon tractor’s wo rk is s atisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause fo llowing written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subc ontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, i nstances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non - DBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed t o perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City.

Unless City consent is provided, the prime Contractor shall not be entitled to any pa yment for work or material unless it is performed or supplied by the listed DBE.

The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to termin ate the DB E firm.

For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writin g to the D BE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objec ts to t he proposed Item 1G - Page 48

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termination of its subcontract and why the City should not approve the prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.

In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).

REQUIREMENT -

TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership o n Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Tex t Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce safety policies that decrease c rashes by distracted drivers, including policies to ba n text messaging while driv ing when performing work related to a gran t or subgrant.

In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employe es and oth er work personnel that decrease crashes by d istracted d rivers, including policies that ban text messaging while dri ving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of thi s clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.

REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment i n compliance with the National Defense Authorization Act [Public Law 115 -232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1G - Page 51

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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funde d p rojects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug -Free Work place Act of 1988 requires some Federal co ntractors and all Federal grantees to agree that they will provide d rug-free work places as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grant ees workplace may be where the contra ctors, subcontractors, or subgrantees are working.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)

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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to r ace, co lor, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.

The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.

Contract Types –
Construction – all construction contracts and subcontracts as required above.

Equipment – all equipment contracts as required above that involves install ation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – all professional service agreements as required above.

Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.

REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orient ation, gender identity, or national origin.

The Contractor will take affirmative act ion to ensure that applicant s are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgr ading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and s election f or training, including apprenticeship. The Contract or agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contra ctor will, in all solicitations or advertisements for employe es placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not di scharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not ap ply to instances in which an employee who has Item 1G - Page 53

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access to the compensation information of other employees or applicants as a part of such employee's essential job functions d iscloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, including an investigation conducted by the e mployer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notic e to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of Septembe r 24, 1965, and shall post copies of the notice in conspicuou s places available to e mployees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all inf ormation and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permi t access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance w ith the no ndiscrimination clauses of this contract or with an y such rules, regulatio ns, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 112 46 of September 24, 196 5, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to s ection 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such directio n, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” mea ns the geo graphical area described in the solicitation from w hich this contract resulted;
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b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

Department of Labor, or any person to whom the Director delegates authority; c. “Em ployer identification number” means the Federal soc ial security number use d on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (a ll persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (al l persons having origins in any of the ori ginal peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North Americ a and maintaining identifiable t ribal affi liations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shal l physically include in each su bcontract in excess of $10,000 the provisions of these specif ications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contrac tor is par ticipating (pursuant to 41 CFR part 60 -4.5) in a Ho metown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan f or those trades which h ave unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometow n Plan. Each con tractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has emplo yees. The overal l good fai th performance by other contractors or subcontracto rs toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor sh all implem ent the specific affirmative action standards provi ded in paragraphs 7a th rough 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment a nd trainin g of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical are as where t hey do not have a Federal or federally assisted con struction contract shal l apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Fede ral Register in notice for m, and such notices may be obtained from any Office of Federal Contract Co mpliance Programs office or from Federal procurement contracting officers.

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The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective barga ining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees m ust be emp loyed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be traine d pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these sp ecifications shall be based upon its effort to achieve maximum results fro m its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a work ing environm ent free o f harassment, intimidation, and coercion at all sit es, and in all faciliti es at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Co ntractor sha ll specifi cally ensure that all foremen, superintendents, and other onsite superviso ry personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and main tain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contract or or its u nions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority or female ref erral from a union, a recruitment source, or community organi zation and of what acti on was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shal l be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director whe n the uni on or unio ns with which the Contractor has a collective barga ining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has imp eded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs Item 1G - Page 56

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and apprenticeship and train ee progr ams releva nt to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor.

The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contracto r’s EEO policy by providing notice of the policy to unions and training programs and reques ting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy w ith all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all emp loyees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, l ayoff, termination, or other employment decisions including specifi c review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, an d providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, fe male, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date fo r the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the s election process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment t o m inority an d female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory a nd evaluati on at least of all minority and female personnel, f or promotional opportun ities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classificati ons, work assignments, and other personnel practices do not h ave a discriminatory ef fect by continually monitoring all Item 1G - Page 57

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personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and compan y activities are nonseg regated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a reco rd of all solicitations of offers for subcontracts from minority and female construc tion contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and per formance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their aff irmative action obligations (7a through 7p). The e fforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or m ore of its obligations under 7a through 7p of these speci fications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the indus try, ensures that the concrete benefits of the program are re flected in the Contract or’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demon strates th e effectiveness of actions taken on behalf of the C ontractor. The obligat ion to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goa l for minorities and a separate single goal for women have be en established.

The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a sp ecific minority group of women is underutilized).

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, col or, religion, sex, sexual orientation, gender identity, or national origin.

11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carr y o ut such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as am ended, and its implementing regulations, by the Office of Fed eral Contract Compliance Programs. Any contractor who fails to carry out such sanctions and Item 1G - Page 58

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penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specif ications, shall impleme nt specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contra ctor fails to comply wi th the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, t he name, address, telep hone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprent ice, trainee, helper, or laborer), dates of changes in status , hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement , contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different stan dards of c ompliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

Reference: 2 CFR 200, Appendix II(C) , 41 CFR § 60-1.4, 41 CFR § 60 -4.3, Executive Order 11246

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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of ce rtain enterprises having workers engaged in interstate commerce; producin g goods fo r interstate commerce; or handling, selling, or oth erwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.

All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.

Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.

REQUIREMENT -
The provisions o f 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force an d effect as if given in full text. The FLSA sets minimum wage, overtime pay, record keeping, and c hild labor standards for full and part -time workers.

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

Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

REQUIREMENT -
Consultants and contrac tors that apply or bid for an award of $100,000 or more must have certified that it will not and ha s not used Federal appropriated fund s to p ay any person or organization for influencing or attempting to influence an officer or emplo yee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying w ith non -Federal funds t hat takes place in connection with obtaining any Federal award.

For an award over $100,00, t he bidder or offeror certifies by signing an d submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influenci ng or attempting to influence an off icer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, th e making of any Federal loan, the en tering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at tempting t o influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Fed eral contract, grant, loan, or coope rative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers ( including subcontracts, sub-grants, and contracts under grant s, loans, and cooperati ve agreements) and that all sub -recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed wh en this transaction was made or entered into. Submission of t his certification is a prerequisite for making or entering into this tr ansaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II( I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the req uirements of the EEO cl ause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identi ty, or nati onal origin. This clause must be included in all contracts t hat include the equal o pportunity clause, regardless of the amount of the contract.

Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub -tier purchase orders containing the Equal Employment Opportunity clause.

Construction – Construction wo rk means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, inc luding facilities provi ding utility services. The term also includes the supervisio n, inspection, and other onsite functions incidental to the actual construction.

Equipment – On site installation of equipment such as airfield lighting control equipment me ets the definition of construction and thus this provision would apply. This prov ision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Examples include the installation of noise monitoring equipment.

Property/Land – Land acquisition contracts that include tas ks that qualify as cons truction work as defined by 41 CFR part 60 -1. Examples inc lude demolition of structures or installation of boundary fencing.

REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this c lause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash roo ms, restaurants and other eating areas, time clocks, locker roo ms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of r ace, color, religion, s ex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1G - Page 62

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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and He alth Administration (OSHA) o versees the workplace h ealth and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from t his solicitation incorporate by r eference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Th e employer must provide a work environment that is free from recognized hazards that may cause death or serious physi cal harm to the employee. The emp loyer ret ains full res ponsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (2 9 CFR Part 1910). The employer must address any claims or disputes that p ertain to a referenced requirement directly with the U.S.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.

REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of t he Solid Waste Disposal Act, as amen ded by the Resource Conservation and Recovery Act, and the re gulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environme ntal Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10 ,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA -designated items is available at www.epa.gov/smm/compreh ensive- procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the pr eference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing f or compliance w ith the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all con tracts and subcontracts with small business firms or nonprofit organizations that include performance of exper imental, developmental, or research work. This clause is not applicable to construct ion, equipment, or professional service contracts unless the contract includes exper imental, developmental, or research work.

REQUIREMENT -
Contracts or agreements that include the p erformance of experimental, developmental, or research work must provide for the ri ghts of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Bus iness Firms under Government Grants, Contracts, and Cooperative Agreements. This c ontract incorporates by reference the patent and in ventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub- tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401

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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to co nstruction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.

Professional Services– any contract involved in the construct ion of new buildings or structural addition to existing buildings.

Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.

Equipment – if the project involves construction or structural addit ion to a building such as an electrical vault project to accommodate or install equipment.

Land – This provision will not typically apply to a property/land project.

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the pe rformance of design ser vices, the Consultant agrees to furnish a building design and associated construction specification that conform to a building co de standard that provides a level of seismi c safety s ubstantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion o f the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and th e construction specifications with the seis mic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcon tractors, conforms to a building code stand ard that p rovides a level of seismic safety substantially equ ivalent to standards es tablished by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41
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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.

Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.

DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions

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FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1G - Page 68

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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U. S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contrac t or subcontract for th is project with a person that is a citizen or national of a foreign country included on the list of co untries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included o n the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter w ithin the jurisdiction of an agency of the United S tates of America and th e making of a false, fic titious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstan ces. The Contractor must require subcontractors provide immediate written n otice to the Contractor if at any time it learns th at its certification wa s erroneous by reason of changed circumstances.

Unless the restricti ons of this clause are waived by the Secre tary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlle d by one or more citizens or nat ionals of a foreign country included on the list of countries that discriminat e against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or n ationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in go od faith, the certification requ ired by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on t he list of countries th at Item 1G - Page 69

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discriminate against U.S. firms a s published by USTR, unless the Contractor has knowledge that the certification is erroneous.

This certification is a material represent ation of f act upon which reliance was placed when making an a ward. If it is later d etermined that the Contractor or subcont ractor knowingly rendered an erroneo us certification, the Federal Aviation Adm inistration (FAA) may direct through the City cancellation of th e contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

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FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the projec t. This preference, which excludes ex ecutive, admin istrative, and supervis ory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding execut ive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. C overed vet erans inc lude Vietnam -era veterans, Persian Gulf ve terans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans.

This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1G - Page 71

Revised 2.8.23

FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to , iron, aluminum, steel , cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)

Item 1G - Page 72

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE
Item 1G - Page 73
Item 1G - Page 74

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
WGJ Enterprises Inc .. dba PCI

2. Address of Entity (Principal Place of Business)
975 W I st Street, Azusa. CA 9 1702

3. Local or California Address (if different than #2)
NIA

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? 0 Yes D No

5. Type of Entity
[2sJ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Wi lliam G, Jacob D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
0 0ther President/Owner
A. Todd Moysychyn G Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item 1G - Page 75

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of benefic ial interest in entity and name of entity]
A.

VV1"ll •~ ci C:,, :5o..c ~h loo ,9.z 1/0:5 £nfe., /7r-.-5..tf (.,c; ./dJ.D [name of owner/ investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]
E.
[name of owner/investor ] [perce ntage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date
William G, Jacob President/Owner 2/7/2023
Item 1G - Page 76
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT NO. A9276 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC. FOR RADIO

EQUIPMENT REPAIR, INSTALLATION, AND MAINTENANCE SERVICES RECOMMENDATION:

1. Authorize the City Manager or designee to execute all necessary documents.2.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: MARCH 23, 2023 CONSENT CALENDAR
SUBJECT: A PPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT NO. A9276 WITH AIRWAVE COMMUNICATIONS
ENTERPRISES INC. FOR RADIO EQUIPMENT REPAIR, INSTALLATION,

AND MAINTENANCE SERVICES
FROM: Scott C. Stiles, City Manager

BY: Fire Department

SUMMARY:

This action will approve Amendment No. 1 to Cooperative Purchase Agreement A 9276 with Airwave Communications Enterprises Inc. in an amount not to exceed $225,000 for old repeater and new repeater maintenance services, and any radio repair and installation services for all City Departments.

RECOMMENDATION:

1. Approve Amendment No. 1 to C ooperative Purchase Agr eement A 9276 (Attachment A) with Airwave Communications Enterprises Inc. to provide the old repeater and new repeater maintenance services and any radio repair and installation services for all City Departments in an amount not to exceed $225,000 and a revised contract amount not to exceed $300,000.

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B), Airwave Communications Enterprises Inc. is a Limited Liability Company and registered in the State of California.

BACKGROUND:

The City required the services of a radio repair and installation services contractor for radio repair and installation services for the Airport, Fire Department, Police Department, and the Fleet Department, including a maintenance agreement for the old and new Item 1H - Page 1
City Council Staff Report
March 23, 2023 -- Page 2
Amendment No. 1 - Airwave Cooperative Agreement

repeaters systems. By utilizing Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs”, the City was allowed to obtain these s ervices through Airwave Communications Enterprises Inc. (Airwave), under NASPO ValuePoint Contract No. 00318.

Therefore, the City signed a Cooperative Purchase Agreement with Airwave Communications Enterprises Inc. on November 8 , 2022, in an amount not to exceed $75,000, to meet the Fire Department’s immediate needs.

STAFF ANALYSIS:

After the contract was originally awarded, staff discovered that the amount of the contract was incorrect; the original value only covered one year of the actual term of the contract.

The term of this agreement is for a period of four years and therefore the amount was understated. Staff is requesting approval of Amendment No. 1 in the amount of $225,000 for the additional three years, for a revised contract amount not to exceed $300,000, for old repeater and new repeater maintenance services and any radio repair and installation services for all City Departments.

ENVIRONMENTAL ASSESSMENT
:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 4B, Good Governance – Improve Communications.

FISCAL IMPACT:

Funding has been allocated for these purchases and is available in the current fiscal year in Account 1006005-50031.

REVIEWED BY:

Department Director: Jason Loya
Procurement & Contracting Manager: Kim Baker
City Manager: Scott Stiles
Item 1H - Page 2
City Council Staff Report
March 23, 2023 -- Page 3
Amendment No. 1 - Airwave Cooperative Agreement

ATTACHMENTS:

A. Amendment No. 1
B. Public Integrity Disclosure
Item 1H - Page 3

ATTACHMENT A
Item 1H - Page 4

CONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract
Company Name:

Company Contact:

Summary of Services:

Contract Price:

Funding Source:

Contract Term:

Ai
rwave Communications Enterprises, Inc.

Shelly Ciaramitaro, [email protected] Radio Equipment Repair & Installation Services – NASPO ValuePoint 00318 $75,000
Fire: 1006005-50031
November 1, 2022 through December 31, 2026
Contr
act Administration
Lead Department:

Contract Administrator:

Fire
Jason Loya
Contract Approvals

Council Approval:

Resolution Number:

Agreement Number:

N/A
N/A
A9276
Contract Compliance

Exhibits:

Signatures:

Insurance:

Bonds:

Yes
Yes
Yes
N/A
Contract Prepared By: Procurement and Contracting
Submitted on: November 1, 2022 By: Brian Sotak-Rossman

Item 1H - Page 5
Revised 2.9.22 Page 1 of 12
COOPERATIVE PURCHASE AGREEMENT A9276

RADIO EQUIPMENT REPAIR AND INSTALLATION SERVICES
NASPO VALUEPOINT CONTRACT 00318
This Cooperative Purchase of radio equipment repair and installation services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) a nd AIRWAVE COMMUNICATIONS ENTERPRISES INC., a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. BACKGROUND.
a. This Agreement is made and entered into in reference to the competitively solicited NASPO ValuePoint Contract No. 00318 with Contractor (“Cooperative Agreement”).
b. The City desires to obtain services for ol d repeater and new repeater maintenance and any radio repair and inst allation for all City departments attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. TERM. Unless earlier terminated in accordance with Section 10 if this Agreement, this Agreement shall continue in full force and effect, commencing on November 01, 2022, and ending on the expiration of NASPO ValuePoint Contract 00318..

3. COMPENSATION AND PAYMENT. This Agreement is for an amount not to exceed $75,000.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

4. APPROPRIATIONS. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal ye ar. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

5. INSURANCE. Contractor shall procure and mainta in, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required Attachment “C” will reflect that there are no requirements.

6. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), i ndemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands,

Item 1H - Page 6

Revised 2.9.22 Page 2 of 12

orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumst ances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7. NOTICE. Any notice required under this Agr eement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: Airwave Communication Enterprises Inc.

Attention: Shelly Ciaramitaro
7213 Old 215 Frontage Road
Moreno Valley, CA 92553

8. Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement.

9. Changes. In the event any change or changes in the work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into.
a. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or b. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

Item 1H - Page 7

Revised 2.9.22 Page 3 of 12

10. Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termina tion and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City.

11. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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 orig in, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orie ntation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor 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, Contractor certifies that its actions and omissions here under shall not incorporate any discrimination arising from or related to a ny prohibited basis in any Contractor 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, in cluding apprenticeship; and further, that Contractor 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.

12. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[SIGNATURES ON NEXT PAGE]

Item 1H - Page 8

Revised 2.9.22 Page 4 of 12

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF RADIO EQUIPMENT REPAIR

AND INSTALLATION SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND AIRWAVE COMMUNICATIONS ENTERPRISES INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A

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 1H - Page 9
1 oocuS igned by:
~94BE
lrDocuSigned by:

LQ4C417

Revised 2.9.22 Page 5 of 12

ATTACHMENT “A”

SCOPE OF WORK

Item 1H - Page 10

Revised 2.9.22 Page 6 of 12

The scope of the services will be as outlined in the NASPO ValuePoint Contract 00318 and detailed below. Services include old repeater a nd new repeater maintenance and radio repair and installation services for all City departments.

Departments annual not-to-exceed amounts:
x Airport: $15,000
x Fire Department: $10,000
x Police Department: $5,000
x Fleet: $5,000

Annual Maintenance Agreement:

Includes:
x On-site response for INFRASTRUCTURE needs are according to severity level (Mon- Fri/ 7AM to 4PM). Level 1, system down - 2 hour response/ Level 2, System impaired - 24 hour response/ Level 3, non-threatening, upgrade, maintenance future scheduled. Does not include travel unless otherwise stated.
x Parts and labor required to repair radio unit under Maintenance which has failed due to normal wear and tear
x Discounted service rates for required work outside of maintenance coverage. x Excluded: Unless agreed in writing, are accessories (antennas, cables, transmissions line, networking equipment, batteries, external speakers, microphones, belt clips, etc.), reprogramming, license entitlements, moving equipment location, repairing work done by others, intrinsic radios, liquid & physical damage or any component not listed in agreement.
x One annual PREVENTATIVE MAINTENANCE CHECK per year. This includes, removing dust, dirt and foreign substance from equipment. An antenna sweep, test, tune and align. Firmware upgrades will be performed so long as the firmware is provided by the manufacturer free of charge. This only includes covered subscribers and RF sites.

Does not include travel unless otherwise stated.
x Any unsupported or end-of-life equipment will be serviced or repaired to the best of Airwave's abilities. Customer will be notified if any unit is deemed unrepairable or new OEM parts are unavailable, in which case the customer can decide to purchase a replacement or dispose of equipment.
x Equipment must be in working order at time of agreement. A physical inventory including serial numbers, must be taken before contract takes effect. x Repairs for fixed equipment may include separate shipping and handling charge

Item 1H - Page 11

Revised 2.9.22 Page 7 of 12

ATTACHMENT “B”

QUOTE / PRICING

Item 1H - Page 12
Revised 2.9.22 Page 8 of 12
City of Palm Springs Fire Maintenance Agreement Inventory Worksheet:

Item 1H - Page 13
t-'' .
- - ,_ - -},·. - -.• -... 1

QTYIN QTY OUT OF IN OUT OF -
MODEL DESCRIPTION MONTHLY - ANNUAL -,, ( "-:-- - WARRANTY WARRANTY - - WARRANTY WARRANTY C .-,; '.t_,._.,:_~ ~'::__ .. _ . - - - - - - - ,.

KA160 5 0 KA160 KAIROS Kenwood Repeater System 95.00 0 $770 .00 $9,240.00 NX5200V 56 Hand Held radios SN It's Attached 6.00 $336 .00 $4,032.00 NXS700 8 10 Mobile Radios 8.00 12.00 $184 .00 $2,208.00 NXSSOO 8 10 Mobile Radio 8.00 12.00 $184 .00 $2,208.00
Old System 4 PALM SPRINGS DISPATCH MODEL# Q2980A $500 .00 SERIAL NUMBER 424CDG0027. QUANTAR
75365A REPEATER LOCATED AT PALM

SPRINGS PD SPIDER SHACK ALSO USED FOR
l OF 4 VOTED RECEIVERS SERIAL NUMBER
448CGD0131. QUANTAR T5365A REPEATER
LOCATED AT EDOM HILL ALSO USED FOR 1
OF 4 VOTED RECEIVERS SERIAL NUMBER
448CG00130. ASTROTAC 75589A RECEIVER
LOCATED AT AMTRAK STATION USED AS 1
OF 4 RECEIVERS SERIAL NUMBER
677CG00034. ASTROTAC 75589A RECEIVER

LOCATED AT INDIAN CANYON GOLF RESORT
USED AS l OF 4 RECEIVERS SERIAL 6,000.00
- -:_ =
•V•
Field Service 1 One trip to site for annual PM $5,642.00 $470.16 {Infrastructure)
Total Units : $2,444.16 $29,330.00

RATE SHEET
Service rates for labor outside of maintenance coverage.

On-Maintenance Field
After (Maintenance Contract
Service Type Field Shop Travel Hours Holiday Pricing)
Install er $125.00 $85.00 N/A $142.50 $200.00 $115.00
Technician $165.00 $130.00 N/A $187.50 $250.00 $135,00
Proj ect Manag er $175.00 $150.00 N/A $202 .50 $250.00 $125,00 Radio Bench
Tech N/A $130.00 N/A N/A N/A $130.00
Eng ineer $285.00 $265 .00 N/A $352.50 $450.00 $250.00
Please note: rates are per hour, per
person with a 2-hour minimum
Factory Depot Repairs based on
Manufacture Call for Pricing
THERE IS A 7% INCREASE FOR EACH ADDITIONAL YEAR

Revised 2.9.22 Page 9 of 12

ATTACHMENT “C”

INSURANCE REQUIREMENTS

Item 1H - Page 14

Revised 2.9.22 Page 10 of 12

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor sha ll procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Cont ractor’s performance under this Agreement.

Contractor shall procure and maintain all insuran ce at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance sha ll be kept in full force and effect during the term of this Agreement, including any extensi ons. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to comme ncement of services. The procuring of such insurance and the delivery of policies, certificat es, and endorsements evid encing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance . The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per o ccurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per oc currence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, em ployees, agents, and volunteers shall be in excess of Contractor’s insurance. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subroga tion and contribution it may have against City,

Item 1H - Page 15

Revised 2.9.22 Page 11 of 12

its elected officials, officers, employees, agents, and volunteers only as respects the Contractor’s negligence.

5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the St ate of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage . Contractor shall furnish City with both certificates of insurance and endorsements, in cluding additional insured endorse ments, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance cove rage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved blanket Additional Insured Endorsement with the following endorsements stated on the certificate or equivalent policy approved wording:

A. "The City of Palm Springs, its offici als, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary over any in surance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and " but failure to mail such notice shall impose no obligation or liability of any kind upon the co mpany, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogati on in favor of City, its elected officials, offi cers, employees, agents, and volunteers as respects the negligence of the Contractor.

In addition to the endorsement s listed above, the City of Pa lm Springs shall be named the certificate holder on the certificates of insurance.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of in surance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item 1H - Page 16

Revised 2.9.22 Page 12 of 12

7. Deductibles and Self-Insured Retentions . Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1H - Page 17

Item 1H - Page 18
CITY
OF
PALM

SPRINGS

BUSINESS

LICENSE
3200
E

TAHQUITZ
CANYON
WAY,
PALM

SPRINGS,
CA
92262
(760)
323-8289
PLEASE
NOTE
THAT
IT
IS
YOUR

RESPONSIBILITY
TO
RENEW
AND
UPDATE
THIS

LICENSE
ANNUALLY.

BUSINESS
NUMBER:
20027769

BUSINESS
TYPE:

RADIO/TELECOMMUNICATIONS
OWNER
NAME:

GARY
SHOUP
DANEIL

GUTIERREZ

BUSINESS
NAME:

AIR
WA
VE

COMMUNICATIONS

ENTERPRISES

BUSINESS
ADDRESS:
75-430
GERALD
FORD
DRIVE
SUITE
203
PALM

DESERT,
CA
92211
AIRWA
VE

COMMUNICATIONS

ENTERPRISES
75-430
GERALD
FORD
DRIVE
SUITE
203
PALM

DESERT,
CA
92211

EXPIRATION
TAX/
ADMIN.

FEE
9/30/2023
$172.00

ISSUANCE
OF
THIS

LICENSE
DOES
NOT

ENTITLE
THE

LICENSEE
TO

OPERATE
OR

MAINTAIN
A

BUSINESS
IN

VIOLATION
OF
ANY
OTHER
LAW
OR
ORDINANCE.

THIS
IS
NOT
AN

ENDORSEMENT
OF
THE

ACTIVITY
NOR
OF
THE

APPLICANT'S
QUALIFICATIONS.

MUST
BE
POSTED
IN
A

CONSPICUOUS
PLACE

Item 1H - Page 19
ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 9/2/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER Spectrum Risk Management CONTACT Account Manager NAME:
7 4 Discover~ PHONE 949-756-5730 I FAX 949-756-5740
Irvine, CA 9 618
CA/C No Extl: (A/C Nol:

E-MAIL [email protected] ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
www.spectrumrisk.com OC77485 INSURER A: Atlantic Specialty Insurance Company 27154 INSURED INSURER B: State Compensation Insurance Fund
Airwave Communications Enterprises, Inc. INSURER C: Zurich American Insurance Company 16535 2727 Supply Ave.

City of Commerce CA 90040 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 70093818 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER CMM/DD/YYYYl CMM/DD/YYYYl LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ 711-01-68-42-0003 9/14/2022 9/14/2023 EACH OCCURRENCE $ $1 ,000 ,000 f--

D CLAIMS-MADE CJ OCCUR
UAMAli t: I U c<t:N I c:u
f-- PREMISES (Ea occurrence) $ $1 ,000 ,000
f--
MED EXP (Any one person) $$15 ,000
PERSONAL & ADV INJURY $ $1 ,000 ,000
f--
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2 ,000 ,000 Fl PRO- [{] Loc PRODUCTS -COMP/OP AGG $ $2 .,000 ,000 POLICY JECT OTHER: $
A AUTOMOBILE LIABILITY 711-01-68-42-0003 9/14/2022 9/14/2023 COMBINED SINGLE LI MIT $ $1 ,000 ,000 ✓ (Ea accident) f--
✓ ANY AUTO BODILY INJURY (Per person) $
f--
OWNED
~

SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
f--
HIRED
f--

NON-OWNED PROPERTY DAMAGE
AUTOS ONLY A UTOS ONLY (Per accident) $
f-- f--
$
A J_ UMBRELLA LIAB H OCCUR 711-01-68-42-0003 9/14/2022 9/14/2023 EACH OCCURRENCE $ $8 ,000 ,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ $8 ,000 ,000
OED I I RETENTION$ Products /Completed OpE 1$ $8 ,000 ,000 B WORKERS COMPENSATION ✓ 9305005-2022 9/14/2022 9/14/2023 I PER I I OTH- AND EMPLOYERS' LIABILITY ✓ STATUTE ER
C Y/N 3538101-01 9/14/2022 9/14/2023 ANYPROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT $ $1 ,000 ,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $$1000000 If yes, describe under E.L. DISEASE - POLICY LIMIT $$1000000 DESCRIPTION OF OPERATIONS below A E&O Claims Made Retro 9/14/19 760-01-06-63-0003 9/14/2022 9/14/2023 Aggregate $1 ,000 ,000 /Retention $50 ,000 A Garagekeepers 711-01-68-42-0003 9/14/2022 9/14/2023 Limit of Insurance $1 ,000 ,000/Ded . $1 ,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palm Springs , its officials , employees and agents are additional insureds (for any and all work preformed with the City, usual per the named insured) on a primary and non-contributory basis , with respects to general liability and auto liability when required by written contract per the attached forms . waiver of subrogation applies with respects to workers compensation when required by written contract per the attached form .

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci\~ of Palm sr,rings THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 32 0 E Tahqui z Canyon way ACCORDANCE WITH THE POLICY PROVISIONS .

Palm Springs CA 92262

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 7 0093818 I 2022 GL , BAUT , UMB, WC, E& O I Julie St a nle y I 9/2/2022 1 0 : 44 : 06 AM (PD T) I Pa ge 1 of 1 6

Item 1H - Page 20
Airwave Communi cation s Enterprises, Inc. 9/2/2022
Policy Number: 711-0l- 68-42-0003 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BROAD FORM GENERAL LIABILITY ENDORSEMENT -

TECHNOLOGY COMPANIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered.

A. Section I - Coverages 4. Incidental Malpractice by Employed

1. Expected or Intended Injury Physicians, Nurses, EMTs and Paramedics (Property Damage) 5. User of Covered Watercraft

2. Non-Owned Aircraft and 6. Newly Acquired or Formed Organizations Watercraft Under 55 Feet C. Section Ill - Limits of Insurance -

3. Broadened Property Damage - Aggregate Limit Per Location Rented Premises, Borrowed Equipment and D. Section IV - Commercial General Use of Elevators Liability Conditions 4. Personal and Advertising Injury Exclusions a. Insureds in Media and 1. Duties in Event of Occurrence, Offense, Internet Type Businesses Claim or Suit
b. Electronic Chatrooms or Bulletin Boards 2. Waiver of Subrogation When Required by

5. Medical Payments - Written Contract or Agreement
Increased Limits and Time Period E. Section V - Definitions

6. Product Recall Expense Coverage

7. Supplementary Payments - 1. Bodily Injury - Includes Mental Anguish Cost of Bail Bonds and Loss of Earnings 2. Coverage Territory- Worldwide

3. Mobile Equipment - Self-Propelled Snow
B. Section II - Who is an Insured Removal, Road Maintenance and Street

1. Broadened Named Insured Cleaning Equipment Less than 1,000 Pounds

2. Additional Insured - Broad Form Vendor Gross Vehicle Weight

3. Additional Insured -Written Contract,
Agreement, Permit or Authorization
A. Section I - Coverages

1. Expected or Intended Injury (Property Damage)
The following is added to Exclusion 2.a. Expected Or Intended Injury of Section I - Coverages - Coverage A - Bodily Injury and Property Damage Liability:

This exclusion does not apply to "property damage" resulting from the use of reasonable force to protect persons or property.

2. Non-Owned Aircraft and Watercraft Under 55 Feet
a. The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft of Section I - Coverages - Coverage A - Bodily Injury and Property Damage Liability:

This exclusion does not apply to an aircraft that is:
(a) Hired, chartered or loaned with a paid crew; and
(b) Not owned by any insured.
b. The following replaces Exclusion 2.g.(2)(a) of Section I - Coverages - Coverage A - Bodily Injury and Property Damage Liability:
(a) Less than 55 feet long; and
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INSURED
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c. The following is added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:

This insurance is excess over any of the other valid and collectible insurance available to the insured that provides coverage for aircraft or watercraft not owned by any insured, whether such insurance is primary, excess, contingent or on any other basis.

3. Broadened Property Damage - Rented Premises, Borrowed Equipment and Use of Elevators a. The following is added to Exclusion 2.j. Damage To Property of Section I - Coverages - Coverage A - Bodily Injury and Property Damage Liability:

Paragraph (1) of this exclusion does not apply to "property damage" to real property you rent or temporarily occupy with permission of the owner.

Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow while at a job site if the equipment is not being used by anyone to perform work or operations at the time of loss.

Paragraphs (3), (4) and (6) of this exclusion do not apply to "property damage " arising out of the use of elevators at premises you own, rent, lease or occupy. b. The following replaces Paragraph 6. of Section Ill - Limits Of Insurance :

6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or occupied by you with permission of the owner. If a Damage to Premises Rented to You Limit is not shown in the Declarations, that Limit will be $500,000.
c. The following is added to Paragraph b.(1) of Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:

This insurance is excess over any of the other valid and collectible insurance available to the insured that provides coverage for real property you rent or temporarily occupy with the permission of the owner, borrowed equipment or use of elevators, whether such insurance is primary, excess, contingent or on any other basis.

4. Personal and Advertising Injury Exclusions
a. Insureds in Media and Internet Type Businesses
The following replaces Exclusion 2.j. Insureds In Media And Internet Type Businesses of Section I - Coverages - Coverage B - Personal and Advertising Injury Liability:
"Personal and advertising injury" committed by an insured whose business is:
(1) Advertising, broadcasting, publishing or telecasting; or (2) Designing or determining content of web sites for others.

However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section.

For the purposes of this exclusion, the placing of frames, borders or links, or advertising for you, is not by itself considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms or Bulletin Boards
The following replaces Exclusion 2.k. Electronic Chatrooms Or Bulletin Boards of Section I - Coverages - Coverage B - Personal and Advertising Injury Liability:
"Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns or maintains for others .

5. Medical Payments - Increased Limits and Time Period
The following provisions are modified only if Coverage C is not otherwise excluded by the provisions of this Coverage Part or any endorsement.
a. The following replaces Paragraph a.(3)(b) in Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and VCG 207 0618 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 9 Copyright 2017,
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Item 1H - Page 22
b. The following is added to Paragraph 7. of Section 111- Limits Of Insurance:

The Medical Expenses Limit for Coverage C is the greater of $15,000 per person or the amount shown in the Declarations.

6. Product Recall Expense Coverage
a. The following is added to Section I - Coverages:

Product Recall Expense Schedule
Product Recall Aggregate Limit $ 50,000
Each Product Recall Limit $ 25,000
Each Product Recall Deductible $1,000
The limits and deductible in this Schedule apply to
Product Recall Expense Coverage unless other
amounts are shown in the Declarations.

PRODUCT RECALL EXPENSE COVERAGE
We will pay "product recall expense" incurred by you or on your behalf for a "covered recall" to which this insurance applies. This insurance applies to "product recall expense" for a "covered recall" that takes place in the "coverage territory" and during the policy period. The amount we will pay for "product recall expense" is limited as described in Section Ill - Limits Of Insurance .

We will only pay the amount of "product recall expense" in excess of the Each Product Recall Deductible shown in the Schedule above. You must pay the Each Product Recall Deductible for each "covered recall" that is initiated.
b. The following is added to Section Ill - Limits Of Insurance :

The Product Recall Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all "product recall expense" incurred for all "covered recalls" initiated during the policy period.

Subject to the Product Recall Aggregate Limit, the Each Product Recall Limit shown in the Schedule above is the most we will pay for all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency.
c. The following is added Section IV - Commercial General Liability Conditions:

Duties In The Event Of "Covered Recall"

1. You must report a "covered recall" to us as soon as practicable and no later than 30 days after you discover or are made aware of such recall.

2. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.

3. You must see to it that the following are done as soon as practicable after an actual or anticipated "covered recall" that may result in "product recall expense":

VCG 207 0618
(a) Give us notice of any discovery or notification that "your product" must be withdrawn or recalled, including a description of "your product" and the reason for the withdrawal or recall;
(b) Cease any further release, shipment, consignment or any other method of distribution of such product, as well as any similar products, until it has been determined that all such products are free from defects that could result in "product recall expense" ; (c) As often as may be reasonably required, permit us to:
(1) Inspect "your product" and take damaged and undamaged samples of "your products" for inspection, testing and analysis; and
(2) Examine and make copies from your books and records; (d) Within 60 days of our request and providing you the necessary forms, send us a signed, sworn proof of loss containing the information we request to settle the claim; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of9 Copyright 2017,
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(e) Permit us to examine any insured under oath, while not in the presence of any other insured, at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. An insured's answers to the examination must be signed.
d. The following are added to Section V - Definitions:
"Covered recall" means a recall of "your product" made necessary because the insured or a government entity has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in, or will result in, "bodily injury" or "property damage".
"Product recall expense":
a. Means the following necessary and reasonable extra expenses incurred by you or on your behalf exclusively for the purpose of recalling "your product":
(1) Expenses for communications, including broadcast announcements or printed "advertisements" and associated stationery, envelopes and postage; (2) Expenses for shipping the recalled products from any purchaser, distributor or user to the place or places designated by you;
(3) Expenses for overtime paid to your regular non-salaried "employees"; (4) Expenses for hiring "temporary workers";
(5) Expenses incurred by "employees", including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; or (7) Expenses for proper disposal of "your product" if the disposal is necessary to avoid "bodily injury" or "property damage" and is other than regularly used to discard, trash or dispose of "your product".
b. Does not include the following :
(1) Damages, fines or penalties;
(2) Defense expenses;
(3) The cost of regaining your market share, goodwill, revenue or profit; or (4) Any expenses resulting from:
(a) Failure of any product to accomplish its intended purpose; (b) Breach of warranties of fitness, quality, durability or performance ; (c) Loss of customer approval, or any cost incurred to regain customer approval; (d) Redistribution or replacement of "your product" that was recalled with like products or substitutes;
(e) The insured 's caprice or whim;
(f) A condition any insured knew, or had reason to know, of at the inception of this insurance that was likely to cause loss; or
(g) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found .

7. Supplementary Payments - Cost of Bail Bonds and Loss of Earnings The following replaces Paragraphs 1.b. and 1.d. of Supplementary Payments - Coverages A and B in Section I - Coverages:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies . We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work.

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B. Section II - Who is an Insured

1. Broadened Named Insured
Section II - Who Is An Insured is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.

2. Additional Insured - Broad Form Vendor
a. Section II - Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as "vendor") with whom you have agreed in a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. But none of these vendors are an additional insured:
(1) If the "products-completed operations hazard" is excluded under the Coverage Part or by endorsement ;
(2) If the vendor is a person or organization from whom you have acquired the products, or any ingredient, part or container entering into, accompanying or containing those products; (3) For "bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless that the vendor would have otherwise been liable for such "bodily injury" or "property damage" in the absence of that contract or agreement; or
(4) For "bodily injury" or "property damage" caused by or arising out of:
(a) Any express warranty not authorized by you;
(b) Any physical or chemical change in the product made intentionally by the vendor; (c) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(d) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (e) Operations to demonstrate, install, service or repair, except those operations performed at the vendor's premises in connection with the sale of the product; (f) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (g) The sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf, unless such act or omission is:
(i) In the course of repackaging "your products" in the original container after unpacking solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer;
(ii) A demonstration, installation, servicing or repair operation of "your products" performed at the vendor's premises in connection with the sale of the product; or (iii) An inspection, adjustment, test or servicing of "your products" the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
b. The insurance afforded to such vendor under Paragraph a. above:
(1) Applies only to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide to such vendor.

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Item 1H - Page 25
c. The following is added to Section Ill - Limits Of Insurance:

The most we will pay on behalf of a vendor that qualifies as an additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision does not increase the applicable Limits of Insurance shown in the Declarations.

3. Additional Insured - Written Contract, Agreement, Permit or Authorization a. Section II - Who Is An Insured is amended to include as an additional insured any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance but only with respect to liability for injury or damage caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf for:
(1) "Bodily injury", "property damage" or "personal and advertising injury" in the performance of your ongoing operations, and only until your operations are completed, for such person or organization at the location designated in the contract, agreement, permit or authorization; (2) "Bodily injury", "property damage" or "personal and advertising injury" in the maintenance, operation or use of equipment leased to you by such person or organization; or (3) "Bodily injury", "property damage" or "personal and advertising injury" in connection with premises you own, rent, lease or occupy.
b. The insurance afforded to an additional insured under Paragraph a. above does not apply:
(1) Unless:
(a) The contract or agreement is executed, or the permit or authorization is issued, before the "bodily injury", "property damage" or "personal and advertising injury" occurs; and (b) The contract, agreement, permit or authorization is in effect or becomes effective during the policy period.
(2) To any:

VCG 207 0618
(a) Person or organization included as an insured under any other provision of this policy, including this or any other endorsement;
(b) Lessor of equipment after the equipment lease terminates or expires; (c) Owner or other interests from whom land has been leased; (d) Manager or lessor of premises if:
(i) The "occurrence" takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor.
(e) Person or organization if the "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(i) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
(ii) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of9 Copyright 2017,
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(f) "Bodily injury" or "property damage" occurring after:
(i) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
(ii) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. The insurance afforded to an additional insured under Paragraph a. above:
(1) Applies only to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract, agreement, permit or authorization to provide to such additional insured.
d. With respect to the insurance afforded to an additional insured under Paragraph a. above:
(1) The following is added to Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:

Regardless of the provisions of Paragraphs a. and b. above, this insurance is primary to, and will not seek contribution from, any other insurance available to an additional insured if:
(1) Such additional insured is a Named Insured under that other insurance ; and (2) You have agreed in the contract, agreement, permit or authorization that this insurance would be primary and would not seek contribution from any other insurance available to such additional insured.
(2) The following is added to Section Ill - Limits Of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance :
a. Required by the contract, agreement, permit or authorization; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision does not increase the applicable Limits of Insurance shown in the Declarations.

4. Incidental Malpractice by Employed Physicians, Nurses, EMTs and Paramedics a. The following is added to Paragraph 2.a.(1)(d) of Section 11- Who Is An Insured:

But an "employee " or "volunteer worker " employed or volunteering as a physician, dentist, nurse, emergency medical technician or paramedic is an insured if you are not engaged in the business or occupation of providing professional health care services. b. The following is added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:

This insurance is excess over any of the other valid and collectible insurance available to the insured for coverage for insured "employee " or volunteer worker who is a physician, dentist, nurse, emergency medical technician or paramedic, whether such insurance is primary, excess, contingent or on any other basis.

5. User of Covered Watercraft
a. Section II - Who Is An Insured is amended to include as an additional insured any person or organization who uses, or is responsible for the use of, a watercraft covered by this policy if the use is with your express or implied consent. But no such person or organization is an insured with respect to:
a. "Bodily injury" to that person's or organization's "employee" ; or b. "Property damage" to property:
(1) Owned, occupied or used by; or
(2) In the care, custody or control of, rented to or over which physical control is being exercised for any purpose by;
that person or organization.

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b. The following is added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions:

This insurance is excess over any of the other valid and collectible insurance available to the insured for use of, or responsibility for use of, a watercraft covered by this policy, whether such insurance is primary, excess, contingent or on any other basis.

6. Newly Acquired or Formed Organizations
The following replaces Paragraph 3.a. of Section II - Who Is An Insured:
a. Coverage under this provision is afforded only until the end of the policy period; C. Section Ill - Limits of Insurance - Aggregate Limit Per Location The following is added to Paragraph 2. of Section Ill - Limits Of Insurance:

The General Aggregate Limit applies separately to each "location" of yours. As used in this provision, "location" means premises you own, rent or lease involving the same or connecting lots, or whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

D. Section IV - Commercial General Liability Conditions

1. Duties in the Event of Occurrence, Offense, Claim or Suit The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions :

The requirements that you must notify us of an "occurrence", offense, claim or "suit", or send us documents concerning a claim or "suit", apply only if the "occurrence", offense, claim or "suit" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An "executive officer" or insurance or risk manager, if you are a corporation; or (4) A manager, if you are a limited liability company.

The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report the "occurrence" or offense to your workers' compensation insurer and that "occurrence" or offense later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an "occurrence" or offense is a liability claim rather than a workers' compensation claim, you must comply with all parts of Paragraph

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions.

2. Waiver of Subrogation When Required by Written Contract or Agreement The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of Section IV - Commercial General Liability Conditions:

We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" included within the "products-completed operations hazard" if the operations or work is done under a written contract or agreement with that person or organization, but only if the contract or agreement is executed before the "bodily injury" or "property damage" occurs and requires you to waive your rights of recovery.

E. Section V - Definitions

1. Bodily Injury - Includes Mental Anguish
The following is added to Paragraph 3. of Section V - Definitions:
"Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time.

2. Coverage Territory - Worldwide
The following replaces Paragraph 4. of Section V - Definitions :

4. "Coverage territory" means anywhere other than a country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America. But the insured's VCG 207 0618 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of9 Copyright 2017,
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Item 1H - Page 28
responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada.

3. Mobile Equipment - Self-Propelled Snow Removal, Road Maintenance and Street Cleaning Equipment Less than 1,000 Pounds Gross Vehicle Weight
The following is added after Paragraph 12.f.(1) of Section V - Definitions:

But a self-propelled vehicle of less than 1,000 pounds gross vehicle weight that is maintained primarily for purposes other than transportation of persons or cargo with permanently attached equipment for snow removal, road maintenance (other than construction or resurfacing) or street cleaning will be considered "mobile equipment" and not an "auto".

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Item 1H - Page 29
STATE

ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION

BLANKET BASIS

BROKER COPY
COMPl!NSATION

INSURANCE
r=UND

HOME OFFICE

SAN FRANCISCO

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
EFFECTIVE 9;1412022

AND EXPIRING
9305005-2022
AT 12. 01 A.M.
9/14/2023 AT 12. 01 A.M.

Airwave Communicatio ns Enterprises , Inc.
2727 Supply Ave.

City of Commerc e CA 90040

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION
PAGE

NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER , WAIVE

OR EXTEND ANY OF THE TERMS , CONDITIONS, AGREEMENTS , OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER , WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO :
~!{-5(.

SCIF FORM 10217 IREV .7- 2014I
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PRESIDENT AND CEO
1 OF
2572
OLD DP 217
1

Item 1H - Page 30
711-01-68-42-0003 9/2/2022
Policy Number:Airwave Communications Enterprises, Inc. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BROAD FORM AUTOMOBILE ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered.

A. Drive Other Car Coverage - Executive Officers 4. Loss of Use Expenses Increased and Certain Individuals 5. Other Coverage Extensions
B. Section II - Covered Autos Liability Coverage a. Airbag Discharge b. Auto Theft Reward

1. Additional Insured - Written Contract, c. Loan/Lease Gap Coverage Agreement, Permit or Authorization d. Rental Reimbursement

2. Broadened Named Insured 6. Diminution in Value

3. Employees as Insureds 7. Communications Equipment
(Including Employee Hired Autos and 8. Deductible Waived For Glass Repair Fellow Employee Coverage) D. Section IV - Business Auto Conditions 4. Newly Acquired or Formed Organizations

5. Supplementary Payments - 1. Duties in Event of Accident, Claim, Suit or Loss Bail Bonds and Loss of Earnings 2. Waiver of Subrogation When Required by C. Section Ill - Physical Damage Coverage Written Contract or Agreement

1. Hired Auto Physical Damage Coverage E. Section V - Definitions

2. Towing-Any Covered Autos 1. Bodily Injury - Includes Mental Anguish

3. Transportation Expenses Increased 2. Executive Officer A. Drive Other Car Coverage - Executive Officers and Certain Individuals

1. The following is added to Section I - Covered Autos:

Drive Other Car Coverage
a. For Covered Autos Liability Coverage and Physical Damage Coverage, "autos" in the care, custody or control of an "insured" described in Paragraph 2. below, which you do not own, hire, lease or borrow, are covered "autos". But this does not include any "auto":
(1) Owned by any "insured" described in Paragraph 2. below, or any member of their household, including any "auto" that is owned but not insured;
(2) Used by an "insured" described in Paragraph 2. below while working in the business of selling, servicing, repairing or parking autos; or
(3) Insured or covered under another policy.
b. If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are provided by this policy, then an "insured" described in Paragraph 2. below, and their family members residing in the same household, are "insureds" while:
(1) Occupying as a passenger; or
(2) A pedestrian when struck by;
any "auto" you do not own, hire, lease or borrow, except an "auto" owned by an "insured" described in Paragraph 2. below or members of their household, or an "auto" insured or covered under any other policy.

INSURED
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2. With respect to Drive Other Car Coverage only, Paragraph A.1. Who is an Insured of Section II - Liability Coverage is amended to include as an "insured" the following:

If you are designated in the Declarations as:
a. An individual, you and your spouse.
b. A partnership, your partners and their spouses.
c. An organization other than an individual or a partnership, your "executive officers" and their spouses.

3. Limit of Insurance and Deductible
The most we will pay for Drive Other Car Coverage is the single highest Limit of Insurance for the applicable coverage for an "auto" you own. The Deductible for Drive Other Car Coverage is the largest Deductible for the applicable coverage for an "auto" you own.

4. Other Insurance
Regardless of the existence of other insurance or Paragraph B.5. Other Insurance of Section IV - Business Auto Conditions, Drive Other Car Coverage is primary.

B. Section II - Covered Autos Liability Coverage

1. Additional Insured - Written Contract, Agreement, Permit or Authorization Paragraph A.1. Who is an Insured of Section II - Covered Autos Liability Coverage is amended to include as an additional "insured" any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance such as is afforded under this Coverage Form but only with respect to liability for "bodily injury" or "property damage" caused in whole or in part by your maintenance, operation or use of a covered "auto". But this insurance does not apply :
a. Unless the written contract or agreement has been executed or the permit or authorization has been issued prior to the "accident" that caused the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" under any other provisions of this policy, including this or any other endorsement;
c. To the independent acts or omissions of such person or organization; or d. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends or the lessor or its agent takes possession of the "auto".

2. Broadened Named Insured
Paragraph A.1. Who is an Insured of Section II - Covered Autos Liability Coverage is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on or after the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.

3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) a. Paragraph A.1. Who is an Insured of Section II - Covered Autos Liability Coverage is amended to include as an "insured" your "employee" while:
(1) Using a covered "auto" you do not own, hire or borrow in your business or your personal affairs .
(2) Operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Exclusion B.5. Fellow Employee of Section II - Covered Autos Liability is deleted. c. The following is added to B.5.b of Section IV - Business Auto Conditions:

Any covered "auto" hired or rented without a driver by your "employee" under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business is also deemed to be a covered "auto" you own.

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4. Newly Acquired or Formed Organizations
Paragraph A.1. Who is an Insured of Section II - Covered Autos Liability Coverage is amended to include as an "insured" any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. But:
(1) Coverage under this provision is afforded only until the end of the policy period; and (2) Coverage does not apply to "bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization.

5. Supplementary Payments - Bail Bonds and Loss of Earnings In Paragraph A.2.a. Supplementary Payments of Section II - Covered Autos Liability, the following replaces Paragraphs (2) and (4):
(2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

C. Section Ill - Physical Damage Coverage

1. Hired Auto Physical Damage Coverage
a. If hired "autos" are covered "autos" under Section II - Covered Autos Liability Coverage and this policy provides Comprehensive, Specified Causes of Loss Coverage or Collison Coverage for any "auto" you own, a hired "auto" will be deemed a covered "auto" for Physical Damage Coverage subject to the provisions in Paragraph b. below.
b. For Hired Physical Damage Coverage provided by paragraph a. above :
(1) The most we will pay for "loss" to any hired "auto" is the lesser of:
(a) $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.
(2) The Deductible is the largest Deductible for the applicable coverage for an "auto" you own. (3) This insurance is excess over any other valid and collectible insurance, whether such insurance is primary, excess, contingent or on any other basis.

2. Towing - Any Covered Autos
The following replaces Paragraph A.2. Towing of Section Ill - Physical Damage Coverage:

We will pay up to $100 for towing and, if labor is performed at the place of disablement, labor costs incurred each time a covered "auto" is disabled if a premium charge for towing and labor is shown in the Schedule or the Declarations.

3. Transportation Expenses Increased
In Paragraph A.4.a. Transportation Expenses of Section Ill - Physical Damage Coverage, the amounts we will pay amounts we will pay for temporary transportation expenses incurred by you because of the total theft of a covered "auto" of the private passenger type are increased to $75 per day, to a maximum of $2,250.

4. Loss of Use Expenses Increased
The following replaces the last paragraph in Paragraph A.4.b. Loss Of Use Expenses of Section Ill - Physical Damage Coverage :

However, the most we will pay for any expenses for loss of use is $1,000.

5. Other Coverage Extensions
If you have Physical Damage Coverage, the following are added to Paragraph A.4. Coverage Extensions of Section Ill - Physical Damage Coverage:

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a. Airbag Discharge
We will pay to reset or replace a covered "auto's" airbag that accidentally discharges without the "auto" being involved in an "accident" if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the discharge. No Deductible applies to this Coverage Extension. b. Auto Theft Reward
If you have Comprehensive or Specified Cause of Loss Coverage, we will pay a reward up to $2,000 for information leading to the arrest and conviction of anyone stealing a covered "auto". But we will not pay a reward to you, any family members or "employees" or any public officials while performing their duties.
c. Loan/Lease Gap Coverage
If a covered "auto" is subject to a long-term loan or lease that requires, in writing, that the lender or lessor be an additional "insured", and you are legally obligated for the remaining balance on the loan or lease, we will pay the difference between the actual cash value of the "auto" at the time of "loss" and the remaining balance on your loan or lease. But we will not pay for:
(1) Any amount paid under the policy's Physical Damage Coverage ; or (2) Any amounts for abnormal or excess wear and tear, additional or high mileage charges, carry-over balances from previous loans or leases, extended warranties or insurance purchased with the loan or lease, lease termination fees, taxes, overdue payments, unreturned security deposits or any penalties, interest or charges resulting from overdue payments.
d. Rental Reimbursement
We will pay for expenses to rent an "auto" of the private passenger type because of "loss" to a covered "auto" of the private passenger type. But:
(1) We will only pay expenses incurred during the policy period at the time of the "loss" and ending, regardless of the policy period, six days after the "loss". (2) The most we will pay is the lesser of:
(a) Reasonable and necessary expenses actually incurred; or (b) $50 per day.
(3) This coverage does not apply if a spare or reserve "auto" is available to you. (4) If "loss" is because of the total theft of a covered "auto", we will pay only those amounts that are not already covered under Transportation Expenses.

No Deductible applies to this Coverage Extension.

6. Diminution in Value
The following is added to Exclusion B.6. of Section Ill - Physical Damage Coverage:

This exclusion does not apply to "diminution in value" of a covered "auto" of the private passenger type used in the conduct of the "insured 's" business that is leased, rented, hired or borrowed without a driver for a period of 30 days or less. But the most we will pay for such "diminution in value" is the lesser of:
a. 20 percent of the actual cash value of the "auto" as of the time of the "loss"; or b. $7,500.

7. Communications Equipment
The following is added to Paragraph B. Exclusions of Section Ill - Physical Damage Coverage:

Exclusions 4.c. and 4.d. do not apply to communications equipment, including its antenna and other accessories, that is permanently installed in, and not removable from, a covered "auto" and designed for use as a:
a. Citizen's band radio;
b. Two-way mobile radio or telephone;
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c. Scanning monitor receiver; or
d. GPS navigation system.

No Deductible applies to "loss" to such communications equipment. But the most we will pay for all such communications equipment is $5,000 for any one "loss".

8. Deductible Waived For Glass Repair
The following is added to Paragraph D. Deductible of Section Ill - Physical Damage Coverage:

No Deductible applies if glass that is damaged is repaired rather than replaced.

D. Section IV - Business Auto Conditions

1. Duties in the Event of Accident, Claim, Suit or Loss The following is added to Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV- Business Auto Conditions:

The requirements that you must notify us of an "accident", claim, "suit" or "loss", or send us documents concerning a claim or "suit", apply only if the "accident", claim, "suit" or "loss" is known to:
(1) You, if you are an individual ;
(2) A partner, if you are a partnership;
(3) An "executive officer" or insurance or risk manager, if you are a corporation; or (4) A manager, if you are a limited liability company.

The requirement that you must notify us as soon as practicable of an "accident", claim, "suit" or "loss" does not apply if you report the "accident", claim, "suit" or "loss" to your workers' compensation insurer and the "accident", claim, "suit" or "loss" later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an "accident", claim, "suit" or "loss" is a liability claim rather than a workers' compensation claim, you must comply with all parts of Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV - Business Auto Conditions.

2. Waiver of Subrogation When Required by Written Contract or Agreement The following is added to Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of Section IV- Business Auto Conditions:

We will waive any right of recovery against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", but only if the "insured contract" is executed before the "accident" or "loss" occurs.

E. Section V - Definitions

1. Bodily Injury - Includes Mental Anguish
The following is added to Paragraph C. of Section V - Definitions:
"Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time.

2. Executive Officer
The following is added to Section V - Definitions:
"Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.

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ATTACHMENT B

Item 1H - Page 35
Item 1H - Page 36

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entit~(~rin~iP,le Plac~ ~iness) C'\ I .... 20 3 ris-y,o <.JC,Y-avo, ruvCI' l)Y. 0~ · ~m uesa-0¥1-Gil~\)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State ~\\~\A
If other than California, is the Entit also registered in California? Yes No

5. Type of Entity
D Corporation ~ Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity --~---;---'~----------Officer Director Member Manager ~ General Partner D Limited Partner
Other ____________ _
_ l]=-:{)Jia=::._:_\..:.....::::::..3,._~....:......::::....1.._..1..:=;:;_i,--=-..~~=------D Officer D Director D Member D Manager [name]
8,General Partner D Limited Partner
--Other ____________ _
__________________ D Officer D Director D Member D Manager (Revised 09 13 18)
[name]
D General Partner O Limited Partner
D Other _____________ _

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Palm Springs City CouncilMarch 23, 2023

Palm Springs City Council
March 23, 2023