Agenda packet — Palm Springs City Council, June 29, 2023 (part 5 of 8)

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 1P - Page 58

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

MEMORANDA OF UNDERSTANDING WITH THE PALM SPRINGS FIREFIGHTERS ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF

UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS

AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM

SPRINGS FIRE FIREFIGHTERS ASSOCIATION AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026, SUBJECT TO ASSOCIATIONS EXECUTING THE

MEMORANDA OF UNDERSTANDING

1. Authorize the City Manager to execute the Memoranda of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, salary schedules, agreements and contracts, and any non-substantial MOU language or reorganization.

2. Attachments
Item 1Q

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: MEMORANDA OF UNDERSTANDING WITH THE PALM SPRINGS

FIREFIGHTERS ASSOCIATION AND PALM SPRINGS FIRE

MANAGEMENT ASSOCIATION
FROM: Scott C. Stiles, City Manager
BY: Human Resources
SUMMARY:

The City has reached a tentative Memorandum of Understanding (MOU) agreement with the Palm Springs Firefighters Association (“PSFA”) and the Palm Springs Fire Management Association (“PSFMA”). The City Council will consider adopting a Resolution approving the Memoranda of Understanding between the City and the Associations and approving comparable salary and benefits to unrepresented employees.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF

UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS

FIREFIGHTERS ASSOCIATION AND THE PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026, SUBJECT TO ASSOCIATIONS EXECUTING THE
MEMORANDA OF UNDERSTANDING.”

2. Authorize the City Manager to execute the Memoranda of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, salary schedules, agreements and contracts, and any non-substantial MOU language or reorganization.

STAFF ANALYSIS:

The City and representatives of PSFA and PSFMA have met and conferred in good faith and have reached an agreement on the terms and conditions of the MOU governing Item 1Q - Page 1
City Council Staff Report
June 29, 2023 -- Page 2
PSFA and PSFMA MOU
employees of the City represented by PSFA and PSFMA for the period July 1, 2023 through June 30, 2026.

The three-year term agreement with PSFA includes a base salary increase of 4.5% in year one, 5% in year two, and 5% in year three beginning with the pay period that includes July 1, 2023 and the addition of Indigenous Peoples’ Day to the holiday in lieu calculation.

Other changes include an increase to the City contribution to the retiree health savings account from $150 per month to $200 and an increase to administrative Captain assignment pay incentive from 7% to 10%, among other minor language changes.

The three-year term agreement with PSFMA includes a base salary increase of 5% in year one, 5% increase in year two, and year 3 will include a 2.45% increase for the classification of Battalion Chief and 6.2% increase for the classification of Deputy Chief.

Indigenous Peoples’ Day was also added, and a 3.75% certification pay for Battalion Chiefs that obtain a California State Fire Marshall Executive Chief Officer Certification.

The agreement was reached through negotiations with PSFA and PSFMA and the City Negotiation team, which jointly recommend City Council adoption of the MOUs.

In consideration of the above agreements and the Management Association of Palm Springs (“MAPS”) and Public Employees Association of Palm Springs (“PEAPS”) agreements that were approved by Council on June 5, 2023, desire exists to provide comparable benefits and salary for unrepresented employees to maintain internal relationships with other employee groups. It is recommended that unrepresented receive the same benefit and salary arrangements as the MAPS bargaining group including a 5% salary adjustment in fiscal years 2024, 2025 and 2026 and observance of Indigenous peoples’ day as a recognized City holiday.

Additionally, per Personnel Rule 6.15, the City Manager has authority to grant administrative leave to unrepresented staff and establish the policy governing administrative leave. In order to apply administrative leave in a uniform and consistent manner, 40 hours of administrative leave will be given to all unrepresented employees on their date of hire and again on their anniversary date each year. Employees will still not be able to cash out this leave and at no point will this bank of leave exceed 40 hours. This restructuring of administrative leave has no additional cost and is intended to establish a formal and equitable process to distribute administrative leave.

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 agreements for the above-mentioned bargaining units, and is exempt from CEQA pursuant to Section 15378(b), in that a Item 1Q - Page 2
City Council Staff Report
June 29, 2023 -- Page 3
PSFA and PSFMA MOU
“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:

N/A.

FISCAL IMPACT:

During the term of the agreement with PSFA the anticipated additional annual cost is:

Year 1 - $602,000
Year 2 - $1,331,000
Year 3 - $2,130,000
During the term of the agreement with PSFMA the anticipated additional annual cost is:

Year 1 - $99,000
Year 2 - $203,000
Year 3 - $311,000
The anticipated additional annual cost of unrepresented employees is:

Year 1 - $465,000
Year 2 - $970,000
Year 3 - $1,520,000
REVIEWED BY:

Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Resolution
B. PSFA Memorandum of Understanding
C. PSFMA Memorandum of Understanding
Item 1Q - Page 3
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN

THE PALM SPRINGS FIREFIGHTERS ASSOCITION AND

THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION
FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30,
2026, SUBJECT TO ASSOCIATIONS EXECUTING THE
MEMORANDA OF UNDERSTANDING.

WHEREAS, Resolution 16438 designates the City Manager (acting personally or through a delegee) with authority to meet and confer in good faith on matters within the scope of representation including wages, hours, and other terms and conditions of employment; and
WHEREAS, the City Negotiation Team has met and conferred in good faith on wages, hours, terms and other conditions of employment with the Palm Springs Firefighters Association (“PSFA”) and the Palm Springs Fire Management Association (“PSFMA”); and
WHEREAS, as a result of such good faith negotiations, the City Negotiation Team have reached agreement with PSFA and PSFMA on the terms and conditions of a Memorandum of Understanding (“MOU”) governing employees of the City of Palm Springs within such Associations; and
WHEREAS, PSFA and PSFMA and the City Negotiation Team jointly recommend adoption of such MOU by the City Council;

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

SECTION 1. That the Memorandum of Understanding between PSFA and the City, for the period July 1, 2023 through June 30, 2026, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

SECTION 2. That the Memorandum of Understanding between PSFMA and the City, for the period July 1, 2023 through June 30, 2026, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

SECTION 3. Unrepresented employees shall receive the same salary arrangements and benefits as the Management Association of Palm Springs bargaining unit, unless otherwise specified by resolution or ordinance, and an annual 40-hour Item 1Q - Page 4
Resolution No. _____

Page 2 ends

capped administrative leave bank.

SECTION 3. The City Manager is authorized and directed to fulfill any meet and confer process(es) in accordance with these changes and execute documents necessary to effectuate the above actions in a form acceptable to the City Attorney, including the allocation and compensation plans, salary schedules, agreements and contracts, and any non-substantial MOU language or reorganization.

ADOPTED THIS 29TH DAY OF JUNE 2023.

SCOTT C. STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 1Q - Page 5
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby 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 June 29, 2023, 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 29th day of June 2023.

Brenda Pree
City of Palm Springs, California
Item 1Q - Page 6

PALM SPRINGS

FIREFIGHTERS

ASSOCIATION
(PSFA)

MEMORANDUM OF

UNDERSTANDING
July 1, 2023 – June 30, 2026
Item 1Q - Page 7
The Palm Springs Firefighters Association
Memorandum of Understanding
July 1, 2023 – June 30, 2026
GENERAL PROVISIONS............................................................................................................................... 1 ARTICLE 1, TERM ............................................................................................................................ 1 ARTICLE 2, RECOGNITION ............................................................................................................. 1 ARTICLE 3, PRACTICES.................................................................................................................. 1 ARTICLE 4, FEDERAL AND STATE LAWS ..................................................................................... 1 ARTICLE 5, MAINTENANCE OF BENEFITS.................................................................................... 2 COMPENSATION/OTHER PAY .................................................................................................................... 3 ARTICLE 6, BASE SALARIES .......................................................................................................... 3 ARTICLE 7, OTHER COMPENSATION............................................................................................ 3 ARTICLE 8, OVERTIME..................................................................................................................10 ARTICLE 9, PAYROLL CHANGES................................................................................................. 11 ARTICLE 10, UNIFORMS ...............................................................................................................12 BENEFITS....................................................................................................................................................13 ARTICLE 11, HEALTH, DENTAL, VISION AND OTHER INSURANCE .........................................13 ARTICLE 12, HEALTH INSURANCE FOR RETIREES ..................................................................14 ARTICLE 13, RETIREMENT ...........................................................................................................15 ARTICLE 14, IRS 125 PLAN ...........................................................................................................16 ARTICLE 15, EDUCATIONAL REIMBURSEMENT ........................................................................16 WORK HOURS/ LEAVE ..............................................................................................................................18 ARTICLE 16, VACATION ................................................................................................................18 ARTICLE 17, PAYMENT IN LIEU OF HOLIDAYS ..........................................................................20 ARTICLE 18, SICK LEAVE .............................................................................................................20 ARTICLE 19, FORTY HOUR CONVERSION..................................................................................21 ARTICLE 20, SHIFT TRADING.......................................................................................................21 ARTICLE 21, STAFFING.................................................................................................................21 EMPLOYER/EMPLOYEE RELATIONS.......................................................................................................22 ARTICLE 22, NON-TOBACCO USE REQUIREMENT....................................................................22 ARTICLE 23, CERTIFICATION REQUIREMENTS.........................................................................22 ARTICLE 24, DMV PHYSICALS .....................................................................................................22 ARTICLE 25, BOMB SEARCH........................................................................................................22 ARTICLE 26, STRIKES AND WORK STOPPAGES.......................................................................22 ARTICLE 27, LAYOFF AND RECALL.............................................................................................23 ARTICLE 28, GRIEVANCE PROCEDURE .....................................................................................23 ARTICLE 29, DISCIPLINE...............................................................................................................25 ARTICLE 30, ASSOCIATION BUSINESS BANK............................................................................30 ARTICLE 31, NO REQUEST FOR CHANGES DURING TERM.....................................................30 ARTICLE 32, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS ....................30 ARTICLE 33, JOINT LABOR MANAGEMENT COMMITTEE .........................................................31 ARTICLE 34, DRUG AND ALCOHOL POLICY...............................................................................31 Item 1Q - Page 8
1 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF PALM SPRINGS
AND

THE PALM SPRINGS FIREFIGHTERS ASSOCIATION
JULY 1, 2023 – JUNE 30, 2026

GENERAL PROVISIONS
ARTICLE 1, TERM
The PALM SPRINGS FIREFIGHTERS ASSOCIATION and the CITY OF PALM SPRINGS (hereinafter referred to as the "City") agree as follows:

A. This Memorandum of Understanding (hereinafter referred to as “MOU”) shall be for the period of July 1, 2023, through June 30, 2026 provided, however, that specific sections of this MOU shall have later effective dates as specified herein.

ARTICLE 2, RECOGNITION
This MOU is entered into with reference to the following facts:

B. Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et. seq., the City of Palm Springs (hereinafter referred to as the "City") continues to recognize the Palm Springs Firefighters Association (hereinafter referred to as the “Association") as the exclusively recognized employee organization for employees in the following classifications: Firefighter, Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic, Fire Captain and Fire Captain/ Paramedic
C. The Association and the City have met and conferred in good faith on wages, hours, and other terms and conditions of employment and have reached agreements which are set forth in this MOU.

ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by Item 1Q - Page 9
2 such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by employees represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof.

Item 1Q - Page 10
3 COMPENSATION/OTHER PAY
ARTICLE 6, BASE SALARIES
Effective the later of the pay period which includes July 1, 2023 or the pay period following Council approval of this MOU, unit members shall receive a four and one half percent (4.5%) salary increase.

Effective the pay period which includes July 1, 2024, unit members shall receive a five percent (5.0%) salary increase.

Effective the pay period which includes July 1, 2025, unit members shall receive a five percent (5.0%) salary increase.

For each classification represented by the Association, there is one range on the salary schedule.

ARTICLE 7, OTHER COMPENSATION

7.1 Administrative Captain Assignment Pay
Employees at the rank of Fire Captain who are assigned as an Administrative Captain shall receive assignment pay at the rate of ten percent (10%).

The parties agree that to the extent permitted by law, Administrative Captain Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Special Assignment Pay.

7.1.1 Assignment to Administrative Captain
The parties agree that Fire Administrative Captain is an assignment in the classification of Fire Captain subject to the following:

A. Employees in the assignment work 40 hours per calendar week and receive overtime compensation per this MOU for hours worked in excess of their regular scheduled hours in the calendar week.

B. Employees in the assignment are still subject to the 24-day FLSA work period pursuant to the Section 7(k) partial overtime exemption provided for in Article 8.

C. The Fire Administrative Captain may work overtime shifts in suppression (full or partial as needed) as long as the overtime does not interfere with the Fire Administrative Captain’s regular assigned duties, special assigned overtime duties or shifts. Pay for work on such shifts is at the 56-hour rate for the classification at which the employee works.

D. Employees at the rank of Fire Captain shall be selected for the assignment of Fire Administrative Captain following the provision of interest cards to the Deputy Item 1Q - Page 11
4 Chief. If no one is selected based on the provision of interest cards or if no employees submit interest cards for the assignment, the Fire Chief may assign an employee to the assignment. If that occurs the non-probationary Fire Captain with the least seniority will be selected for the assignment.

E. Employees who enter the assignment of Administrative Captain (either by being selected following the provision of interest cards or by being assigned) will be required to stay in the assignment for a minimum of two (2) years from the date of entry into the assignment. If, after two (2) years, no other Fire Captain has expressed interest in the assignment, and if the incumbent in the assignment wants to stay in the assignment, the incumbent may stay in the assignment until either another Fire Captain expresses interest in the assignment and is selected, or the Fire Chief assigns another employee to the assignment using the selection process described above paragraph D. If, after serving in the assignment for two years, the employee no longer wants to remain in the assignment, there will be a new selection process and another employee will be selected using the selection process described above paragraph D.

F. Any Fire Captain in the assignment of Administrative Captain is not precluded at any time from seeking a promotion while in the assignment. If the employee is promoted while in the assignment, the employee will leave the assignment upon promotion.

7.2 Bilingual Pay
The City agrees to provide bilingual pay to up to six (6) employees per shift who are bilingual and who possess bilingual skills as set forth in this section.

Employees hired prior to July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to five percent (5%) for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive two and one half percent (2.5%) for passing the speaking and listening portion of the bilingual proficiency exam and an additional two and one half percent (2.5%) for passing the writing portion of the bilingual proficiency exam for up to a maximum of five percent (5%) of base salary.

Employees hired after July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to two hundred and fifty dollars ($250) per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive one hundred and twenty-five dollars ($125) per month for passing the speaking and listening portion of the bilingual proficiency exam and an additional one hundred and twenty-five dollars ($125) per month for passing the writing portion of the bilingual proficiency exam for up to a maximum of two hundred and fifty dollars ($250) per month.

Employees who possess bilingual skills in American Sign Language will receive the full pay of two hundred and fifty dollars ($250) per month for bilingual pay by passing the Item 1Q - Page 12
5 examination, but there will not be the same examination as for other languages (i.e., a speaking and listening and a writing bilingual proficiency examination). Such employees are subject to the same recertification requirements provided in this section.

The examinations shall be developed and administered by the City to demonstrate fluency in writing and speaking and listening the desired second language. If the City decides to make any changes in the examinations, it will first inform the Association who may raise any impacts related to the changes. All employees receiving bilingual pay must pass the prescribed examinations for each skill (one for speaking and listening and the other for writing) every two years to continue to receive bilingual pay for each skill. The City will notify employees when they are required to re-test. An employee who passes one of the tests but not the other, will still be eligible to receive their respective bilingual pay (2.5% or $125 per month for the skill passed. In addition, the employee may take a recertification examination after waiting at least three (3) months after taking the recertification examination to which the employee did not pass. If the employee does not pass that recertification examination, the employee shall not be permitted to take the recertification examination for that skill until their two-year cycle to recertify has passed.

The City will notify employees when they are required to re-test.

An employee receiving the pay who does not pass both recertification examinations is not qualified to receive bilingual pay. If this occurs, the employee may be replaced by another employee who has passed either examination. If there are no other employees who are certified to receive bilingual pay for either skill, the employee may take the recertification examinations in both skills after waiting at least three (3) months after taking the initial recertification examinations to which the employee did not pass. If the employee passes one of the two examinations, they shall the respective incentive pay (2.5% or $125 per month) for bilingual pay. If the employee does not pass either or both of those subsequent recertification examinations, the employee shall not be permitted to take the recertification examination(s) for that skill until their two-year cycle to recertify has passed.

The Human Resources Department will coordinate the recertification examination for each employee receiving bilingual pay.

The parties agree that to the extent permitted by law, Bilingual pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.

7.3 Training Officer Pay
Employees who have specialized training which qualify them to teach other members of the department during sanctioned or scheduled training events will be compensated five percent (5%) of base pay (for the entire 24-hour shift) for each day they teach. Secondary instructors may also be compensated 5% of base pay (for the entire 24-hour shift) for teaching with the primary instructor.

On or off duty class preparation time does not qualify for Training Officer Pay, and the Battalion Chief has the authority to determine who receives the training officer pay.

Courses and instructors must be identified prior to the class and must be approved by the Battalion Chief. Employees must receive advanced approval to from their supervisor to Item 1Q - Page 13
6 prepare for class off duty.

Classes approved for Training Officer Pay are:

Swift Water Rescue
Trench Rescue
Confined Space Rescue
High and Low Angle Rescue
Fire Control III
Haz Mat Decon
Haz Mat FRO
Additional classes may be authorized with the approval of the Fire Chief.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium.

7.4 Scott Air Pak Technician
One Firefighter or Fire Engineer from each shift (three maximum) shall be designated as an approved department Scott™ Self Contained Breathing Apparatus (SCBA) Technician and receive five percent (5%) of base pay as incentive pay. The technicians are required to obtain their Scott™ SCBA repair training, initial certification, and recertification at the department’s expense in order to receiving incentive pay.

The Fire Chief may, at their discretion, send additional unit members to SCOTT school based on department and operational needs. These trained SCOTT technicians will not be paid the five percent (5%) incentive unless they are called upon to act as the primary shift SCOTT technician. The training for reserve technicians will be sponsored and paid for out of the department budget and will not be the responsibility of unit members to bear.

If no additional members are available on separate shifts, the Fire Chief may elect to move a reserve SCOTT technician into a primary/acting role on the same shift as another technician. This additional technician would then collect the five percent (5%) incentive pay.

Each certified technician must maintain Scott™ training and certification per Scott™ requirements and meet the requirement of the department’s supervising Fire Captain in order to stay in the program.

Each technician shall be assigned at the discretion of the Fire Chief. The Battalion Chief has the ability to temporarily transfer the technician to other stations as needed for staffing and training purposes.

After six (6) years as a technician receiving incentive pay, other employees on that shift may request to enter the program and become a certified Scott™ technician. If a new employee is selected, the existing technician will no longer receive incentive pay once the new person has received their certification.

If the existing technician requests to remain in the program and another employee wishes to become a technician, the position will be given to the new candidate provided they have been recommended by the Scott™ supervising Captain and the shift Battalion Chief.

Item 1Q - Page 14
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•
•
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7 If no other member on the shift wants to become a technician, the existing technician may stay in the program for another six-year term.

Existing Scott™ technician’s must notify the SCBA Captain and the shift Battalion Chief six (6) months before their 2-year Scott™ certification expires if they wish to drop out of the program prior to completing the full six-year term.

The department will make every effort to keep Scott™ technicians assigned to their respective shifts however that cannot be guaranteed. If two (2) or more technicians are assigned to the same shift, the department may require the transferring technician to forfeit their incentive pay upon the next recertification, so that another shift can have a technician assigned.

In order to enter the program, a member must submit a memo in writing to the shift Battalion Chief stating the reasons why they would be a good Scott™ technician.

Applications will be reviewed by the SCBA supervising Captain, and the shift Battalion Chief. An oral interview may also be required. A final recommendation will be given to the Fire Chief who will make the decision.

7.5 Emergency Callback Pay
Employees called back to work to respond to an emergency will receive a minimum of four (4) hours callback pay. Employees shall be compensated for their travel time to respond to the emergency up to a maximum of one (1) hour. This pay for travel time pay is part of the minimum of four hours. 'Emergency' shall be defined as engaging or combating fires, floods, accidents, or involvement in other disaster operations, but shall not include coverage for minimum staffing or regularly scheduled or prescheduled, nonemergency work or duty time.

The employee must take this compensation as pay, not compensatory time off and use a separate payroll code to report this time. When employees work to respond to an emergency, the time shall be compensated at time and one half their regular rate of pay.

For non-emergency worktime, employees shall be paid overtime if they qualify for overtime per Article 8 of this MOU.

Employees who are called back to work to cover for another employee who is absent (generally employees called back through an automated staffing program) are not entitled to travel time back to the City. However, if an employee is called back to address an emergency (defined as engaging or combating fires, floods, accidents, or involvement in other disaster operations, but shall not include coverage for staffing per Article 21 or regularly scheduled or prescheduled, non-emergency work or duty time) shall receive up to a maximum of one hour (1) of travel time to return to the City for the emergency. There is no travel time to return home. Travel that occurs once at work (i.e., during the workday) is compensable.

7.6 Shift Fire Investigator Pay
Upon completion of the certification requirements of the California Office of the State Fire Marshal certification program for fire investigators, unit members assigned as a Shift Fire Item 1Q - Page 15
8 Investigator shall receive five percent (5%) of base pay. The Fire Chief retains discretion to assign qualified employees to this assignment. A maximum of two (2) employees on each shift (for a total of six (6)) may qualify for this assignment.

The following prerequisites are to be completed in order to receive Shift Fire Investigator pay:

1. Complete Shift Fire Investigator interview and assignment process as outlined by the Fire Chief.

2. Complete the CA State Fire Training Prerequisites for Fire Investigator:

a) Basic Electricity
b) Ethics and the Fire Investigator
c) Introduction to Evidence
d) Motive, Means, and Opportunity: Determining Responsibility in an Arson Case
e) Interview and Interrogation course #31445 (40 hours) (POST) f) PC 832 Arrest #80102 (40 hours) (POST)
The parties agree that to the extent permitted by law, the pay in this article is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Investigator Premium.

7.7 Acting Pay
Employees who are required to work in higher classification for a period in excess of two (2) hours in any workday shall receive acting pay as follows:

If the employee works two (2) through twelve (12) hours, the employee shall receive pay equivalent to five percent (5%) for 12 hours at the employee’s regular hourly rate of pay.

The parties agree that to the extent permitted by law, acting pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) temporary upgrade pay.

If the employee works more than twelve and up to twenty-four hours, the employee shall receive five percent (5%) for 24 hours at the employee’s regular hourly rate of pay.

Unit members elected to work out of classification as Fire Engineers, Fire Captains or Fire Battalion Chiefs are those members who have successfully passed the examination for promotion to the position of Fire Engineer, Fire Captain, or Fire Battalion Chief. Those individuals who have successfully completed their task book for the position of Fire Engineer, Fire Captain or Fire Battalion Chief are also eligible to work out of classification as long as all prerequisite job requirements for that rank have been completed.

Firefighters, Fire Engineers and Captains are required to act as Fire Engineers, Fire Captains and Fire Battalions Chiefs when called upon to do so.

7.8 Education Incentive Pay
Item 1Q - Page 16
9 7.8.1 Educational Degrees
City agrees to compensate Firefighters and Fire Engineers an additional 5% of base pay for an Associate's Degree, 7.5% of base pay for a Bachelor's Degree, or 10% of base pay for a Master's degree from a college or university accredited by either or both the Council for Higher Education Accreditation (“CHEA”) and/or the U.S. Department of Education (“USDE”). Fire Captains receive 2.5% for a Bachelor's Degree, or 5% of base pay for a Master's Degree. The pays for earning a degree are not are not cumulative. An employee can only receive one level of pay for a degree.

7.8.2 Educational Certifications
City agrees to compensate Firefighters and Fire Engineers 2.5% of base pay for a State Fire Officer’s Certificate. This 2.5% pay will also be provided if a Firefighter or Fire Engineer has completed the mandatory course work to obtain the California Office of State Fire Marshal (OSFM) Company Officer Task Book, currently Company Officer 2A, 2B, 2C, 2D, 2E, and Instructor 1 courses.

City agrees to compensate Fire Captains 2.5% of base pay for a State Chief Fire Officer’s Certificate. The 2.5% pay will also be provided if a Fire Captain has completed the mandatory course work to obtain the California Office of State Fire Marshal (OSFM) Chief Fire Officer Task Book, currently Chief Fire Officer 3A, 3B, 3C, 3D and ICS-300.

The parties agree that to the extent permitted by law, the pays in this article are special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Pay.

7.9 Longevity Pay:

Employees in this bargaining unit shall receive longevity pay based on their years of service in a classification represented by this bargaining unit as an employee of the City of Palm Springs (time served in another agency does not count) as follows:
10 years – 11 years and 364 days – 2.5%
12 years – 13 years and 364 days – 3.5%
14 years – 15 years and 364 days – 4.5%
16 years – 17 years and 364 days – 6.0%
18 years – 19 years and 364 days – 7.5%
20 years or more – 10%
These pays are not cumulative. Once an employee becomes eligible for the next level of longevity pay, they shall qualify for that level and no longer receive the prior level.

The parties agree that to the extent permitted by law, longevity pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.

Item 1Q - Page 17
10 ARTICLE 8, OVERTIME

8.1 Work Period
The employees in the unit work a 24-day FLSA work period in accordance with Section 7(k) of the Fair Labor Standards Act (FLSA). Per the 24-day work period, overtime shall be compensated at time and one-half for the work performed in excess of one hundred and eighty two (182) hours in the work period. Administrative Captains assigned to a 40 hour workweek shall receive overtime (at their 40 hour rate) for work performed in their administrative assignment (not for working suppression shifts for which they shall receive overtime at their 56 hour suppression rate) in excess of their assigned 40 hours per week.

8.2 “48/96” WORK SCHEDULE
Fire suppression personnel work a “48/96” work schedule. The “48/96” work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours) of scheduled work followed by four consecutive days (for a total of 96 consecutive hours) off-duty.

8.3 Hours Worked
For employees hired on or before December 31, 2012, all compensated time off shall be counted as time worked for purposes of computing overtime. For employees hired after January 1, 2013, sick leave does not count as hours worked for purposes of computing overtime. In calculating hours worked where sick leave has been used, the City will look at each 14-day pay period separately to determine if overtime is owed. However, other forms of compensated time off shall be counted as hours worked for purposes of computing overtime.

8.4 Automated Staffing Program
The Fire Department will continue to use an automated staff scheduling software system to administer overtime whenever more than twelve (12) overtime hours are available. The Association shall be represented on the Fire Department Automated Staffing Program Software Committee" to assist in the design, implementation, and resolution of issues related to the program’s use. The automated staffing program shall follow rules outlined in the Palm Spring Fire Department’s policies and procedures manual. Changing from the use of one automated staffing program to another must be agreed upon by both management and labor.

8.5 Declining an Overtime Assignment
Employees who are offered an overtime assignment may decline that overtime assignment without losing their position on the overtime assignment list.

8.6 Contract Overtime
Contract overtime (i.e., special detail work for another employer that is arranged by and contracted through the City) shall be paid rather than accrued as compensatory time off.

Item 1Q - Page 18
11 When an employee is required to work outside the City per the City’s agreement to provide mutual aid in the City’s California Fire Assistance Agreement with the Governor’s Office of Emergency Services, the employee will be paid at the rate of time and one half for the total hours assigned on such mutual aid. This includes the travel time from the City to the location where the mutual aid is provided and back.

8.7 Compensatory Time Off
Employees assigned to shift duty shall not accumulate compensatory time off (CTO) in excess of one hundred and ninety two (192) hours. Upon separation, all unpaid accrued CTO will be paid at the employee's regular rate of pay.

By December 15 of each year, employees may make an irrevocable election to cash out up to 192 hours of CTO that they may earn in the following calendar year. In the following year, the employee can receive the cash for CTO they irrevocably elected to cash out in either two (2) separate increments of up to 96 hours or one (1) increment of 192 hours.

The employee would be paid one half of what they irrevocably elected to cash out hours on both the second pay day in July and the first pay day on December (assuming they have earned it) or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December. However, if the employee’s CTO balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount off CTO the employee has earned at the time of the cash out.

If an employee makes an irrevocable election to cash out CTO in the following calendar year and uses CTO in that subsequent year, the CTO used will come from the CTO the employee had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensure that assuming an employee had a CTO balance prior to January 1, the CTO used will not result in a reduction in the amount of CTO the employee will be eligible to cash out.

Employees with compensatory time off banks of 192 hours must use compensatory time off to lower the time in their bank below 192 hours to be able to accrue additional compensatory time off.

Requests to use more than twelve (12) hours of compensatory time will be granted if reasonable notice is given as long as granting the leave is not unduly disruptive to the Department. Unduly disruptive is defined by Department of Labor regulation 29 CFR section 553.25(d).

ARTICLE 9, PAYROLL CHANGES
The Department will not process payroll changes that are less than a full 24-hour shift for members after the shift is complete at 8:00 a.m. on payroll Friday. Payroll changes will be made for individuals who have full 24-hour shifts to be debited or credited. All other payroll adjustments will be carried forward to the following pay period including Item 1Q - Page 19
12 emergency callback.

Employees who work overtime must determine by 8:00 p.m. on the shift whether they want to receive the overtime as pay or compensatory time off for the shift and must communicate their decision to the shift Battalion Chief on duty. Changes in such determination by the employee will not be accepted after 8:00 p.m. on the shift.

ARTICLE 10, UNIFORMS

10.1 Uniform Allowance
City agrees to pay a uniform allowance of $125.00/month to each employee as a reimbursement for expenses incurred for acquisition and maintenance of uniforms.

The parties agree that to the extent permitted by law, uniform allowance shall be reported to CalPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report as special compensation, the value of the uniforms for a unit member employed on or before December 31, 2012. “New members” as defined under the Public Employees’ Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation.

10.2 Class “A” Dress Uniforms
All employees are required to purchase and possess an approved “Class A” dress uniform upon completion of their first year of probation as a full time member of the Palm Springs Fire Department.

Thirty (30) days after the employee has completed probation, they are to submit a receipt to their supervisor to be forwarded to the Fire Chief verifying that the uniform has been ordered and purchased.

Employees wishing to have the City pay the initial cost of the uniform shall order the uniform from an approved supplier. The approved supplier will then invoice the City for the full cost of the uniform and the employee will then pay back the City for the full cost of the uniform in twelve (12) equal installments deducted from their pay check.

Only one City sponsored purchase can be made for the uniform. If the employee wishes to purchase additional uniform accessories at a later time, or from another supplier, they must pay for those items without City assistance.

Item 1Q - Page 20
13 BENEFITS
ARTICLE 11, HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to Unit members. The amounts provided by the City for health, dental and vision insurance for 2023 are set forth below.

In the event that the premium charges for the health, dental or vision benefits exceed the total premium costs for the prior year by four percent (4%) or more, the amount of the excess shall be paid by the Unit member through a payroll deduction. Each calendar year, the City will pay up to a four percent (4%) increase above the prior year’s premium rates.

The Association acknowledges that the City’s agreement to pay up to four percent (4%) of the increases for health, dental and vision insurance is a valuable benefit. The Association agrees that each year, once the increase in the costs of health, dental and vision is known, the amount that will be paid for by the City will be calculated based on the then current number of employees in the bargaining unit. The City will then inform the Association as to what those increased costs will be so that the Association is aware of how much more the City will be spending on these benefits in the following calendar year. The City will consider these increased costs in evaluating its positions in collective bargaining.

The above explanation of the health, vision and dental contributions are described with the following example involving the 2021-2024 rates:

A. In 2021, the Blue Shield single party rate was $1077.72. In 2022, the rate increased by 3.00% to $1110.05.

B. In 2022, the City paid the 3.00% increase = $32.22 increase. Thus, in 2022, the premium rate was $1110.05 and the City paid $993.23 + $32.33 = $1025.56 and the employee paid $84.49.

C. In 2023, the City paid the 3.50% increase = $38.81 increase. Thus, in 2023, the premium rate was $1148.86 and the City paid $1025.56 + $38.81 = $1064.37 and the employee paid $84.49.

D. For 2024, the City will pay the amount of any increase in the health insurance up to 4% over the 2023 premium of $1148.86. That increase (if any) will be added to the City’s 2023 contribution of $1064.37.

Vision and Dental Insurance are calculated exactly the same way as described above for health insurance.

11.1 Health, Dental and Vision Insurance
Employees shall remain in the City’s medical plan for Police and Fire Employees, which is currently Blue Shield of California, and shall not be eligible for any other City insurance plan for the duration of this MOU.

The City agrees to contribute up to the amounts below for calendar year 2021 for Item 1Q - Page 21
14 employees toward health (including hospitalization and drug coverage), dental and vision insurance. Employees will sign verification of dependent eligibility annually at open enrollment.

City Contribution for 2023
Type of Coverage Health Dental Vision
Single Party $1064.37 $38.37 $13.42
Two-Party $2043.05 $56.20 $13.42
Family $2164.96 $84.36 $13.42
The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership, Proof of Domestic Partner Relationship as issued by a governmental agency, Statement of Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier.

For medical coverage, if an employee elects to opt out of coverage offered by the City, they must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California).

11.2 Term Life Insurance
The City agrees to provide Term Life Insurance coverage at no cost to employees in the amount of fifty thousand dollars ($50,000).

ARTICLE 12, HEALTH INSURANCE FOR RETIREES
A. Tier I” – Applicable to All Employees Hired Before November 1, 2006 For an employee who retires from the City after 20 years of continuous service, the City shall pay 75% of the cost of "retirees" health premium plan being covered at the time of retirement.

For an employee who retires from the City after 25 years of continuous service, the City shall pay 100% of the cost of "retirees" health premium plan being covered at the time of retirement.

The City will pay up to family coverage.

A Tier 1 employee who retires from active service as a Palm Springs employee who has not completed 20 years of City service shall be entitled to participate at their own cost in the medical, hospitalization, and prescription drug coverage plan provided in Item 1Q - Page 22
15 Article 11.

All employees eligible for retiree medical benefits who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions.

B. “Tier II” –Applicable to All Employees Hired on or After November 1, 2006 For all employees hired after November 1, 2006, there will be no City contribution for retiree health benefits. The City will contribute $15000 per month (which is increased to $200 per month effective on the first day of the month following City Council approval of this 2023-2026 MOU) for each such employee to a Retiree Health Savings Plan (during employment). The City will pay the administrative costs of this Plan.

In addition to the City contribution, all Tier II employees shall make a contribution of $200 per month to their Retiree Health Savings Plan. This contribution shall be deducted from these employees’ paychecks. This will be deducted in the first two pay periods of the month at one hundred dollars ($100) per pay period.

A Tier 2 employee who retires from active service as a Palm Springs employee, shall be entitled to participate at their own cost in the medical, hospitalization, and prescription drug coverage plan.

ARTICLE 13, RETIREMENT

13.1 Retirement Formula
Employees (and not “new members” as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired prior to December 17, 2011 are covered by the 3% @ 50 formula provided for by the Public Employees’ Retirement Law at Government Code section 21362.2.

These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Employees (and not “new members” as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired on or after December 17, 2011 are covered by the 3% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code section 21363.1.

These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Employees who are defined as “new members” under the PEPRA, are covered by the 2.7% @ 57 formula provided for by the PEPRA at Government Code section 7522.25(d). These employees’ retirement will be calculated per the three year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

13.2 Employee Contributions to the Retirement System
A. Employees subject to the 3% @ 50 and 3% @ 55 formula:

Item 1Q - Page 23
16 Employees shall pay their nine percent (9%) member contribution.

These employees shall also pay three percent (3%) compensation earnable for cost sharing in accordance with Government Code section 20516(a).

B. Employees subject to the 2.7% @ 57 Formula – “New Members” as defined by PEPRA:

These employees shall pay the statutorily mandated employee contribution rate of one half of the total normal cost as determined by CalPERS in their annual valuation.

13.3 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term is used in section 414(h)(2)) of their employee contribution and cost share is made on a pre-tax basis.

13.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:

E. Military Relocation Credit - Government Code section 21024 Sick F. Leave Credit - Government Code section 20965
G. Final Compensation Period One Year - Government Code section 20042 for classic members
H. 2% Cost of Living Allowance - Government Code section 21329 I. Prior Service - Government Code section 20055
ARTICLE 14, IRS 125 PLAN
The City agrees to provide an IRS 125 health care and dependent care reimbursement Plan for employees. Employees who subscribe to the plan shall pay the Plan Administrator's fees.

ARTICLE 15, EDUCATIONAL REIMBURSEMENT
Employees shall be entitled to receive up to $2,000 per fiscal year for courses either approved through the Tuition Reimbursement Program or for other work-related courses Item 1Q - Page 24
17 approved in advance at the discretion of the Fire Chief and the Human Resources Director.

However, the City shall budget for the Tuition Reimbursement Program and once the funds in the budget for the Program have been exhausted by employees accessing the funds, no additional funds for tuition reimbursement are required to be paid.

Item 1Q - Page 25
18 WORK HOURS/ LEAVE
ARTICLE 16, VACATION

16.1 Accrual and Vesting
Employees shall accrue vacation annually on the anniversary of the individual's most recent hire date, with the first accrual being made after one (1) year of continuous service.

There shall be no monthly prorating. After one (1) year of continuous service, said accrual shall be made monthly in accordance with the appropriate vacation accrual schedule.

16.2 Accrual Rates for 56-hour Workweek Shift Employees Firefighters and Fire Engineers assigned a fifty-six (56) hour shift workweek shall accrue vacation at the following rates:

Completion of Continuous
Years of Service
Shift Hours Accrued For
Each Full Month
1 Through 5 12
6 Through 10 16
11 Through 15 20
16 and after 22
Fire Captains assigned a fifty-six (56) hour shift workweek shall accrue vacation at the following rates:

Completion of Continuous
Years of Service
Shift Hours Accrued For
Each Full Month
0 Through 5 16.8
6 Through 10 19.6
11 and after 22.5

16.3 Accrual Rates for 40-hour workweek Employees
Firefighters and Fire Engineers assigned a forty (40) hour workweek shall accrue vacation at the following rates:

Completion of Continuous
Years of Service
Hours Accrued For Each
Full Month Worked
1 Through 5 8.57
6 Through 10 11.43
11 Through 15 14.29
16 and after 15.71
Item 1Q - Page 26
19 Fire Captains assigned a forty (40) hour workweek shall accrue vacation at the following rates:

Completion of Continuous
Years of Service
Hours Accrued For Each
Full Month Worked
0 Through 5 12
6 Through 10 14
11 and after 16

16.4 Maximum Accrual of Vacation
Employees assigned a fifty-six (56) hour shift workweek shall not accrue vacation hours beyond the maximum of four hundred fifty-six (456) hours. Employees assigned to a forty (40) hour workweek shall not accrue vacation hours beyond the maximum of three hundred twenty-five and seventy-one hundredths (325.71) hours.

An employee who has accrued the maximum hours of vacation will not continue to accrue vacation hours until they use vacation to reduce their accrual below the maximum accrual.

An employee cannot accrue vacation hours above the specified maximum accrual.

16.5 Vacation Cash-Out
By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of vacation that they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the vacation they irrevocably elected to cash out in either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 16 hours per month – 192 hours per year, 96 hours each) or one (1) increment of up the maximum they can accrue in a year.

The employee would be paid one half of what they irrevocably elect to cash out hours on both the second pay day in July and the second pay day in November or the employee can elect to be paid their full amount they elected to cash out on the second pay day in November. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

16.6 Vacation While on Occupational Injury Leave or Sick Leave Employees who are on an occupational injury leave or sick leave and reach the maximum Item 1Q - Page 27
20 vacation accrual may request a temporary lifting of the maximum four hundred fifty-six (456) hours accrual by giving written notice to the Chief. In such cases, the member shall be permitted to continue to accrue vacation over four hundred fifty-six (456) hours from the time such notice is given until the next regular vacation cash out date. On the next regular vacation cash out date, the employee must cash out at least all vacation in excess of four hundred fiftysix (456) hours or the employee will lose such excess hours. The employee will not be entitled to accrue vacation in excess of four hundred fifty-six (456) hours on and after the date of the next regular vacation cash out date. Members on occupational injury leave or sick leave may cash out their vacation pursuant to Article 16.5. This paragraph shall apply on a per injury basis.

16.7 Vacation Usage
A maximum of five suppression personnel with a maximum of three per rank shall be permitted to use vacation per shift. Unless an employee is on a statutorily protected leave (such as FMLA/CFRA or PDL) an employee shall not be permitted to go on a leave without pay until they exhaust all accrued vacation leave.

16.8 Disposition of Accrued & Vested Vacation Upon Termination Upon termination, all accrued and vested annual leave will be paid at the employee’s current hourly rate. All accrued and vested vacation of deceased members shall be paid to the estate of said deceased except as otherwise provided by law.

ARTICLE 17, PAYMENT IN LIEU OF HOLIDAYS
In lieu of all City recognized holidays, employees shall be paid 6.07 hours (for employees working the suppression shift of an average of 56 hours per week) and 4.33 (for employees working a 40-hour per week assignment) per pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate.

The parties agree that to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) holiday pay.

ARTICLE 18, SICK LEAVE

18.1 Accrual Rates
Employees shall accrue sick leave as follows:
56-hour rate (suppression rate) at 12 hours per month.
40-hour rate for employees assigned to a 40 hour per week schedule – 8.57 hours per month.

18.2 Sick Leave Maximum Accrual
Item 1Q - Page 28
•
•
21 Sick leave shall accrue to a maximum of three (3) months or seven hundred and twenty (720) hours (514.29 hours for employees on a 40-hour shift). Notwithstanding the preceding sentence, if an employee’s accrued sick leave reaches 720 hours, (514.29 hours for employees on a 40-hour shift) they will continue to accrue sick leave in that calendar year subject to the following: An employee may cash out any accrued sick leave above 720 hours (514.29 hours for employees on a 40-hour shift) in the second pay period in July, if an employee still has sick leave on the books in excess of 720 hours (514.29 hours for employees on a 40-hour shift) by the pay day for the first pay period of December, the unused sick leave above 720 hours (514.29 hours for employees on a 40-hour shift) shall be compensated by a cash payment on the pay day for the last pay period in December in an amount equal to the member's straight time hourly rate of pay for those unused accumulated sick leave hours.

18.3 Sick Leave Cash Out at Retirement
Employees shall be paid for all accrued, vested and unused sick leave upon a public safety service or disability retirement. Per Article 13.4, employees also have the option to convert unused sick leave to credit.

ARTICLE 19, FORTY HOUR CONVERSION
Employee leave benefits (vacation, compensatory time and sick leave) shall be converted to accommodate those members who work an average of forty (40) hours per week (shift hours/1.4 = 40 hour conversion).

Fire Captains who convert from a 56- hour per week suppression shift assignment to a 40-hour per week assignment shall have their leave accruals divided by 1.4 when entering that assignment. Fire Captains who convert from a 40- hour per week assignment to a 56 hour per week suppression shift assignment shall have their leave accruals multiplied by 1.4 when entering that assignment.

In addition to the above, when an employee whose regular assignment is a 40-hour per week assignment, works a suppression shift and earns compensatory time, the hours earned will be divided by 1.4 before being placed into the employee’s compensatory time off bank.

ARTICLE 20, SHIFT TRADING
Shift trades are provided per Fire Department Policy.

There is no limit on the number of shift trades an employee may enter into, but employees shall notify management no later than 24 hours prior to the exchange taking place.

ARTICLE 21, STAFFING
The station safety shift staffing shall be not less than 23 per day City-wide.

The parties agree that either party may reopen negotiations during the term of the MOU regarding this Article.

Item 1Q - Page 29
22 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 22, NON-TOBACCO USE REQUIREMENT
All employees shall not use tobacco products on or off duty throughout the term of their employment. This includes, but is not limited to, all e-cigarettes.

ARTICLE 23, CERTIFICATION REQUIREMENTS
As a condition to participation in an examination for promotion to Fire Engineer, an employee must continue to be certified on an aerial unit, a triple combination pumper, and an ARFF unit prior to the examination application closing date.

All Fire Engineers must continue to be certified on all apparatus before the end of their probationary period.

ARTICLE 24, DMV PHYSICALS
The City does not pay for medical exams that were formerly required by the Department of Motor Vehicles. Should the Department of Motor Vehicles reinstate that requirement for Fire Engineers, then City will resume payment for those medical exams, provided the affected employees utilize the physician(s) designated by the City.

ARTICLE 25, BOMB SEARCH
Employees will not be required to perform bomb searches. Upon receipt of a bomb threat, employees shall be asked to stand by should a rescue or suppression become necessary.

ARTICLE 26, STRIKES AND WORK STOPPAGES

26.1 Prohibited Conduct
The PSFA, its officers, agents, representatives and/or employees agree that, they will not cause or condone any strike, sympathy strike, walkout, slowdown, sick out, or any other unlawful and/or concerted job action by withholding or refusing to perform services.

26.2 Any employees who participate in any conduct prohibited in 26.1 above shall be subject to suspension, demotion, or dismissal by the City.

26.3 In addition to any other lawful remedies or disciplinary actions available to the City, if the Unit fails, in good faith, to perform all responsibilities listed below in 26.4 - The Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review Item 1Q - Page 30
23 Procedure and Dues Deduction.

26.4 The Association Responsibility
In the event that the Association, its officers, agents, representatives, or employees engage in any of the conduct prohibited in 26.1 - Prohibited Conduct, the Association shall immediately instruct any such persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 26.1 and return to work.

ARTICLE 27, LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except as modified herein. If an employee bumps to a lower classification as a result of layoffs, the employee's "Classification Seniority" in the lower position will be defined as all of the time in any of the classifications in the Association. Layoff of any employees shall be made in the following order: Employees shall be laid off by classification in the reverse order of seniority in that classification. In the event that two (2) or more employees in the same classification have the same classification seniority, then layoff shall be made on the basis of final ranking on the eligibility list for the position, then departmental seniority, then City seniority.

27.1 Seniority
“Seniority” shall mean “the length of the employee’s continuous unbroken service with the City.

An employee who separates from the City for any length of time and for any reason but who returns to employment with the City shall have the calculation of seniority based on the most recent date of hire. Any prior service for the City prior to separation shall not be considered.

ARTICLE 28, GRIEVANCE PROCEDURE

28.1 Definition of Grievance
A. A “Grievance” is a dispute of one or more employees or a dispute between one or more employees involving the interpretation, application or enforcement of the provisions of the MOU, or of the Personnel Rules and Regulations that are within the statutory scope of representation, and for which there is no specific method of review provided by federal, state or local law. A grievance may also be filed by the Association.

B. Reviews of allocations or reallocations of positions as described Personnel Rule

4.3.3 or reviews of examination ratings as described Personnel Rule 7.7 are excluded from the grievance procedure. Allegations of harassment, discrimination or retaliation are also excluded from the grievance procedure as they are addressed by a separate procedure.

Item 1Q - Page 31
24 Release or lay-off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure.

28.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further referred to as “days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days, currently Monday-Thursday, excluding holidays.

B. Initiation - An employee must initiate the grievance within fifteen (15) days of the occurrence of the event giving rise to the grievance or within fifteen (15) days after the grievant should, with reasonable diligence, have had knowledge of such occurrence, whichever is later.

C. Management Reply - Failure by management to reply to the employee's grievance within the time limits specified under the grievance procedure shall automatically grant the employee the right to process the grievance to the next level of review.

D. Failure to Submit to Next Level - If an employee fails to submit from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall not be subject to further consideration and will be deemed resolved.

E. Waiver by Mutual Agreement - Any level of review or any time limits established in the procedure may be waived or extended by mutual agreement between the employee and management, which must be confirmed in writing.

F. Outside of Authority - If the supervisor, manager, or department head designated by the grievance procedure below to receive the grievance determines that they do not have the authority to resolve it, that supervisor, manager, or department head, shall so inform the grievant and forward the grievance to the next higher level of supervision with authority to resolve it, if applicable, or advise the grievant in writing they may continue to the next level in the process.

28.3 Informal Resolution
A. The responsibility of an employee with a grievance of employment is to promptly inform and discuss the grievance with the department supervisor or designee in order to, in good faith, endeavor to resolve the matter expeditiously and informally. If the grievance is filed by the Association, it does not need to follow the informal resolution process. It can file a written grievance per Article 28.4 with a supervisor who works in the department to which the grievance relates.

B. If such informal discussion does not resolve the grievance to the employee’s satisfaction, such employee may file a formal grievance in accordance with the procedure set forth in this section
Item 1Q - Page 32
25 28.4 Procedure
A. The employee shall provide the grievance in writing, with signature and date, and submit it to their immediate supervisor within fifteen (15) days of the initial commencement of the occurrence being grieved. The supervisor shall further consider and discuss the grievance with the employee and such employee’s designated representative as deemed appropriate, and shall, within fifteen (15) days of having received the written grievance, submit a response thereto in writing to the employee and the employee’s representative, if applicable.

B. If the written response of the immediate supervisor does not result in a resolution of the grievance, the employee may further submit the grievance, by presenting a written request, with date and signature, to the employee’s department head within seven (7) days of the employee’s receipt of the supervisor’s response. The department head may investigate the grievance and may set a meeting with the employee, employee’s designated representative, and other persons as deemed appropriate to consider the grievance. Within thirty (30) days of receipt of the grievance by the department head, the department head shall submit a response to the grievance to the employee and employee’s representative, if applicable.

C. If the response by the department director, does not result in a resolution of the grievance, the employee may further submit the grievance, by presenting a written request, with date and signature to the Human Resources Director, for submission to the City Manager, within seven (7) days of the unit employee’s receipt of the department head’s response. The City Manager or designated representative may set a meeting with the employee, employee’s designated representative, and other persons as deemed appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated representative shall submit a response to the employee and employee’s representative, if applicable. The decision of the City Manager is final and binding.

D. This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or Personnel Rules.

ARTICLE 29, DISCIPLINE
A. Disciplinary actions defined:

1. Oral/Written Warning
The use of an oral or written warning shall be used as a tool by supervisors to address performance problems or minor instances of misconduct and may be initiated at any time. If it qualifies as punitive action under the Firefighter Procedural Bill of Rights Act, the employee shall be entitled to an administrative appeal per the informal process below. The supervisor or manager will review Item 1Q - Page 33
26 with the employee both the specific deficiencies in question and the City’s standards. The cause(s) of the deficiency will be identified along with specific improvement needed. The employee should be advised of the action that will be taken should they fail to achieve the improvement outlined within the time period specified. Any written warnings will be kept in the supervisory file, not the official personnel file, and a copy given to the employee. The supervisory file is intended to be a temporary file to record performance, both positive and negative, throughout the performance year. Once the performance evaluation is completed for the year, all items in the file should be referenced in the performance evaluation if appropriate,and discarded at the end of the performance year.

Any decision to issue a Written Reprimand should be reviewed by the Human Resources Department. The supervisor or manager issuing the Written Reprimand shall meet with the employee to discuss specific improvements required within a defined time period to avoid further disciplinary action. A copy of the Written Reprimand will be placed in the employee’s official personnel file.

3. Suspension
Suspension is the temporary removal of employees from their duties without pay.

4. Reduction in Pay
A Reduction in Pay is a reduction in hourly salary for a limited and defined period of time, and does not result in any classification change. The employee continues to report to work for the duration of the Reduction in Pay.

5. Demotion
Demotion is the movement of an employee from the current classification to a new classification having a lower salary range.

6. Discharge
An employee may be discharged for cause.

B. Pre-Disciplinary Procedure
If an employee is to be suspended, receive a reduction in pay, be demoted or discharged, the employee shall:

Item 1Q - Page 34
27 1. Receive written notice of the intended action at least seven (7) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the action is based.

2. Receive copies of any known materials, reports or other documents upon which the intended action is based.

3. Be accorded the right to respond in writing within a reasonable period of time to the intended charges.

4. Be accorded the right to meet within a reasonable period of time with the Fire Chief or designee who has the authority to modify or eliminate the intended disciplinary action.

5. Be given the written decision of the Fire Chief or designee prior to the effective date of the disciplinary action.

C. Appeal Process
The following appeals procedures are adopted by the parties pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act.

1. Definitions
a. The term “firefighter” means an employee who is considered a firefighter under Government Code § 3251(a) as well as any firefighter who is a peace officer pursuant to Penal Code § 830.37. This includes all employees who are in this Unit.
b. The term “punitive action” means any action defined by Government Code § 3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

2. Formal Appeals Procedures – For Punitive Action Causing a Loss of Pay Not Covered by the Informal Hearing Process
a. A firefighter shall be entitled to an appeal hearing before an Administrative Law Judge assigned from the Office of Administrative Hearings which shall be conducted in accordance with Chapter 5 (commencing with § 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. b. Notice of Discipline as Accusation - The final notice of discipline which may be issued at the conclusion of the pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. (1) Pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.

Item 1Q - Page 35
28 (2) The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline.
c. Administrative Law Judge - Pursuant to Government Code § 11512, the appeal will be heard by an administrative law judge
d. Time and Place of Hearing- Pursuant to Government Code § 11508, unless otherwise decided by the administrative law judge, a hearing shall be conducted at City Hall or in another City facility at a time to be determined by administrative law judge with the input of the representatives of both the City and employee.
e. Notice of the Hearing- A notice of the hearing shall be provided to the parties pursuant to Government Code § 11509.
f. The burdens of proof and production of evidence shall be borne by the City.

The standard of proof shall be by a preponderance of the evidence. g. The proposed decision of the administrative law judge shall be in writing.

Copies of the proposed decision shall be delivered to the parties by registered mail and accompanied by a proof of service
h. Following receipt of the proposed decision, the City Council, or any designee (e.g., the City Manager) to the extent authorized by law, may take any of the actions set forth in Government Code § 11517(c)(2) A through E.

3. Appeals Procedures Informal Process
The Informal Hearing Procedure, as opposed to the formal procedures, will be used for disciplinary action imposed on an employee that does not involve termination from employment, demotion, suspension without pay for more than two (2) shifts for employees working a 56-hour suppression schedule or three (3) working days for employees working a 40-hour administrative schedule, or where the practical financial effect of the discipline equates to a two shift suspension or less for employees working a 56-hour suppression schedule or three (3) working days or less for employees working a 40-hour administrative schedule.
a. Appeal to the Fire Chief or Designee
(1) A firefighter who receives notice of a punitive action shall be entitled to appeal the action to the Fire Chief prior to the effective date of the punitive action. The appeal is an opportunity for the firefighter to present written material and arguments why a punitive action should not occur or offer alternatives to the action.

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29 (2) Notice of Appeal: Within seven (7) calendar days of receipt by a firefighter of notification of a punitive action, the firefighter shall notify the Fire Chief in writing that they intend to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending.
(3) Hearing Officer: The Fire Chief or designee shall act as the hearing officer. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or designee shall serve as the hearing officer. The hearing shall take place within thirty (30) calendar days of the date the firefighter was notified about the punitive action (e.g., received a written reprimand) or such other time as may be agreeable by the parties.
b. Burden of Proof: The City shall bear the burden of proof at the hearing.

The Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge(s) and that punitive action was reasonable under the circumstances. c. Conduct of Hearing:
(1) The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed. (2) The parties may present arguments through documents and statements. (3) If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses. (4) Following the presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer.
(5) Representation: The firefighter may be represented by an association representative or attorney of choice.
d. Decision:

After the hearing, a decision will be submitted in writing within thirty (30) calendar days and provided to the employee. The decision shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5.

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30 e. Decision to Impose Discipline:

If, after the hearing, a decision is rendered which imposes discipline, pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.

ARTICLE 30, ASSOCIATION BUSINESS BANK
The City will provide a bank of one hundred twenty (120) hours per year to be allocated by the Association as directed by the Association’s Board of Directors for use by Association Officers or members.

In addition to these 120 hours, each year, in the second pay period of January the City will deduct six (6) hours from the vacation bank of each unit member with at least six (6) hours of accrued vacation. Those hours will be placed in a separate bank to be used as directed by the Association’s Board of Directors for use by Association Officers or members. The maximum number of hours that may exist in this bank is six hundred (600) hours. If, in any January, the deduction of vacation hours from unit members will cause this bank to exceed 600, the City will deduct an equal amount of vacation less than six (6) hours from each member of the unit to bring the bank to 600 hours. Prior to the second pay period in January of any year, the Association President can (once per year) advise the City to not deduct any vacation hours from unit members.

The Association President will be responsible for notifying the City’s Director of Human Resources of the use of such hours when those hours are used. The use of the banked time must be approved by the employee’s immediate supervisor and the City agrees that the use of the time will not be unreasonably denied. In addition, the Association will provide a report to the Human Resources Department upon request (up to twice a year) of the use of these hours in the previous year.

ARTICLE 31, NO REQUEST FOR CHANGES DURING TERM
The terms agreed upon by this MOU shall take effect at the times specified herein upon approval by resolution by the City Council and shall remain in full force and effect until midnight, June 30, 2026. The parties agree that either side may request to start negotiations for a successor MOU no later than April 1, 2026.

The PSFA hereby expressly waives any right to demand any improvements or any changes in the wages, hours, or other conditions of employment of employees covered by this MOU, and the City shall not be required to meet and confer as to any such demand or request.

ARTICLE 32, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS Employees hired on or after 8:00 a.m. on October 11, 2015 must live within 150 miles of the City limits. Prior to February 1, 2020, the 150 miles could be measured by using a linear calculation. For any employees hired on or after February 1, 2020, the calculation of the 150 miles shall be made by using Google Maps driving directions. Employees hired Item 1Q - Page 38
31 after January 13, 2022 are exempt from this provision during their first thirteen (13) months of their employment. Effective no later than the first day of their fourteenth (14th) month of employment, these employees must live within 150 driving miles of the City limits.

ARTICLE 33, JOINT LABOR MANAGEMENT COMMITTEE
If necessary, the parties agree to meet to discuss labor relations issues of interest to either of them (e.g., employees donating vacation to the Association Business Bank or modifications to testing procedures). Such meetings are not labor negotiations, but rather, discussions of issues to which either side has an expressed interest. Once a year, either party can request to convene a meeting and the other party will agree to meet within a reasonable period time. If the parties mutually agree to meet more frequently, they can agree to do so.

ARTICLE 34, DRUG AND ALCOHOL POLICY
The parties have negotiated and agreed upon a drug and alcohol policy that is contained in the department’s Lexipol Policy Manual.

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32 PALM SPRINGS FIREFIGHTERS ASSOCIATION REPRESENTATIVE Date:

By:

PSFA President Signature
By:

PSFA Member at Large Signature

CITY OF PALM SPRINGS
Date:

By: By:

City Manager Labor Attorney
Attest:

By: By:

City Clerk Director of Human Resources
Approved to form:

By:

City Attorney
Council Approval:

Item 1Q - Page 40

PALM SPRINGS

FIRE MANAGEMENT

ASSOCIATION
(PSFMA)

MEMORANDUM OF

UNDERSTANDING
JULY 1, 2023 – JUNE 30, 2023
Item 1Q - Page 41
The Palm Springs Fire Management Association (PSFMA)
Memorandum of Understanding
July 1, 2023 – June 30, 2026
GENERAL PROVISIONS.............................................................................................................................................. 1 ARTICLE 1, TERM........................................................................................................................................... 1 ARTICLE 2, RECOGNITION............................................................................................................................ 1 ARTICLE 3, PRACTICES ................................................................................................................................ 1 ARTICLE 4, FEDERAL AND STATE LAWS................................................................................................... 1 ARTICLE 5, MAINTENANCE OF BENEFITS.................................................................................................. 1 COMPENSATION/OTHER PAY.................................................................................................................................... 2 ARTICLE 6, SALARIES................................................................................................................................... 2 ARTICLE 7, OTHER COMPENSATION .......................................................................................................... 2 ARTICLE 8, OVERTIME AND COMPENSATORY TIME OFF ........................................................................ 5 ARTICLE 9, UNIFORM ALLOWANCE ............................................................................................................ 6 BENEFITS ..................................................................................................................................................................... 7 ARTICLE 10, HEALTH, DENTAL, VISION AND OTHER INSURANCE......................................................... 7 ARTICLE 11, HEALTH INSURANCE FOR RETIREES .................................................................................. 8 ARTICLE 12, RETIREMENT .......................................................................................................................... 9 ARTICLE 13, EDUCATIONAL REIMBURSEMENT .....................................................................................10 ARTICLE 14, IRS 125 PLAN........................................................................................................................11 WORK HOURS/LEAVE...............................................................................................................................................12 ARTICLE 15, WORK SCHEDULES .............................................................................................................12 ARTICLE 16, VACATION.............................................................................................................................12 ARTICLE 17, HOLIDAYS.............................................................................................................................13 ARTICLE 18, SICK LEAVE ..........................................................................................................................15 ARTICLE 19, FORTY HOUR CONVERSION ................................................................................................15 ARTICLE 20, SHIFT TRADING.....................................................................................................................15 ARTICLE 21, JURY DUTY ...........................................................................................................................15 EMPLOYER/EMPLOYEE RELATIONS......................................................................................................................16 ARTICLE 22, DRUG POLICY/DRUG SCREENING ....................................................................................16 ARTICLE 23, NON-TOBACCO USE REQUIREMENT ................................................................................16 ARTICLE 24, BOMB SEARCH.....................................................................................................................16 ARTICLE 25, FILLING VACANCIES............................................................................................................16 ARTICLE 26, BOARD OF DIRECTORS ......................................................................................................16 ARTICLE 27, PAYROLL DEDUCTION FOR ASSOCIATION ......................................................................16 ARTICLE 28, STRIKES AND WORK STOPPAGES....................................................................................16 ARTICLE 29, GRIEVANCE PROCEDURE..................................................................................................17 ARTICLE 30, DISCIPLINE ...........................................................................................................................19 ARTICLE 31, WAIVER OF FURTHER BARGAINING ON TERMS WITHIN THE MOU..................................23 ARTICLE 32, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS................................. 23 APPENDIX A. DRUG POLICY/DRUG SCREENING..................................................................................................24 Item 1Q - Page 42
1 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CITY OF PALM SPRINGS (CITY)

AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA) JULY 1, 2023 – JUNE 30, 2026

GENERAL PROVISIONS
ARTICLE 1, TERM
This Memorandum of Understanding (“MOU”) shall be for the period of July 1, 2023, through June 30, 2026; provided, however, that specific sections of this MOU shall have later effective dates as specified herein.

ARTICLE 2, RECOGNITION
This Memorandum of Understanding is entered into with reference to the following facts:

A. The Palm Springs Fire Management Association, hereinafter referred to as the Association, is the exclusively recognized employee organization for members it represents employed by the City and is comprised of the classifications of Fire Battalion Chief and Fire Deputy Chief.

B. The Association and the City, have met and conferred in good faith on wages, hours and other terms and conditions of employment and have reached agreements which are set forth in this MOU.

ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours, and other terms and conditions of employment. Therefore, it is agreed that Sections 4, 5, 6, 7, and 13 only of Resolution 17793 are hereby incorporated by reference into this MOU.

ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the employees represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof.

Item 1Q - Page 43
2 COMPENSATION/OTHER PAY
ARTICLE 6, SALARIES
Effective the pay period which includes July 1, 2023 unit members shall receive a five percent (5.0%) salary increase.

Effective the pay period which includes July 1, 2024, unit members shall receive a five percent (5.0%) salary increase.

Effective the pay period which includes July 1, 2025, unit members in the classification of Fire Battalion Chief shall receive a two and forty-five one-hundredths percent (2.45%) salary increase.

Effective the pay period which includes July 1, 2025, unit members in the classification of Fire Deputy Chief shall receive a six and two-tenths percent (6.20%) salary increase.

For each classification represented by the Association, there is one range on the salary schedule.

ARTICLE 7, OTHER COMPENSATION

7.1 Bilingual Pay
The bilingual pay provided in this section is only available to Battalion Chiefs assigned to a 24- hour suppression schedule.

Employees who either enter the bargaining unit after July 1, 2021 or who are in the bargaining unit as of that date who first become eligible for bilingual pay after that date, shall receive up to $250 per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive one hundred and twenty five dollars ($125) per month for passing the speaking and listening portion of the bilingual proficiency exam and an additional one hundred and twenty five dollars ($125) per month for passing the writing portion of the bilingual proficiency exam.

The examinations shall be developed and administered by the City to demonstrate fluency in reading and writing, and speaking and listening the desired second language. All employees receiving bilingual pay must take and pass the prescribed examinations for each skill (one for speaking and listening and the other for writing) every two years to continue to receive bilingual pay for each skill. An employee who passes one of the tests but not the other, will still be eligible to receive bilingual pay, $125 (as described above) per month for the skill passed. In addition, the employee may take a recertification examination after waiting at least three (3) months after taking the recertification examination to which the employee did not pass. If the employee does not pass that recertification examination, the employee shall not be permitted to take the recertification examination for that skill until their two year cycle to recertify is has passed. The City will notify employees when they are required to re-test.

An employee receiving the pay who does not pass both recertification examinations is not qualified to receive bilingual pay. If this occurs, the employee may be replaced by another employee who has passed either examination. If there are no other employees who are certified to receive bilingual pay for either skill, the employee may take the recertification examinations in Item 1Q - Page 44
3 both skills after waiting at least three (3) months after taking the initial recertification examinations to which the employee did not pass. If the employee passes one of the two examinations, they shall receive $125 (as described above) per month for bilingual pay. If the employee does not pass either or both of those subsequent recertification examinations, the employee shall not be permitted to take the recertification examination(s) for that skill until their two year cycle to recertify has passed. The Human Resources Department will coordinate the recertification examination for each employee receiving bilingual pay.

The parties agree that to the extent permitted by law, Bilingual Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.

7.2 Education Incentive Pay
Employees receive 2.5% of base pay for a Bachelor's Degree or 5% of base pay for a Master's Degree from a college or university accredited by either or both the Council for Higher Education Accreditation (“CHEA”) and/or the U.S. Department of Education (“USDE”). The pays for earning a degree are not are not cumulative. An employee can only receive one level of pay for a degree.

The parties agree that to the extent permitted by law, the pays in this article are special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Pay.

7.3 California Department of Forestry and Fire Protection Office of the State Fire Marshal State Fire Training Executive Chief Officer Certification Pay Effective July 1, 2025, employees in the classification of Fire Battalion Chief who obtain a California Department of Forestry and Fire Protection Office of the State Fire Marshal State Fire Training Executive Chief Officer Certification shall receive three and three-quarter percent (3.75%) of base pay.

7.4 Emergency Call Back Pay
Employees called back to work to respond to an emergency will receive a minimum of four (4) hours paid at time and one half of callback pay or six (6) hours (four hours at time and one half) compensatory time at the Fire Chief’s discretion. 'Emergency' shall be defined as engaging or combating fires, floods, accidents, or involvement in other disaster operations, but shall not include coverage for minimum staffing or regularly scheduled or prescheduled, non-emergency work or duty time. Travel that occurs once at work (i.e., during the workday) is compensable.

7.5 Acting Out of Classification
A Fire Battalion Chief may be assigned by the Fire Chief to work out of classification to perform the duties of a Fire Deputy Chief. A Fire Deputy Chief may be assigned by the City Manager to work out of classification to perform the duties of the Fire Chief. Employees who are assigned to work out of classification shall receive pay for working out of classification. Employees shall be paid from the first day they are assigned to work in the higher classification at the lowest step on the range of the higher classification, which will provide an increase in base pay of five percent (5%) (as long as the increase does not exceed the top step of the classification for which the employee is assigned). If a five percent (5%) increase will exceed the top step of the classification for which the employee is assigned, the employee will be assigned the top step of Item 1Q - Page 45
4 classification in which the employee is acting. Employees shall receive all other pay and benefits related to their actual classification while assigned to act in the higher classification. To receive pay for working out of classification, employees must be assigned in advance to work out of class.

The parties agree that to the extent permitted by law, acting pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) temporary upgrade pay.

When an employee is assigned to work out of classification, a Personnel Action Form shall be submitted designating that the employee as acting in the position they are holding.

7.6 Forty (40) Hour Battalion Chief Differential Pay
Battalion Chiefs assigned to a 40 hour schedule shall receive differential pay at the rate of 3.67 hours of pay per pay period for 24 pay periods per year (88.08 hours per year) in the year. In the two months of the year when there are three pay days, these employees shall not receive the pay on the third pay day of the month.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential Pay and/or Fire Staff Premium.

Employees at the rank of Battalion Chief shall be selected for the assignment of Administrative Battalion Chief following the provision of interest cards to the Deputy Chief. If no one is selected based on the provision of interest cards or if no employees submit interest cards for the assignment, the Fire Chief may assign an employee to the assignment. If that occurs the Battalion Chief with the least seniority in rank having not previously completed a full two-years in the assignment will be selected. Any Battalion Chief having been promoted prior to July 1, 2019 are excluded from the forced selection process.

Employees who enter the assignment of Administrative Battalion Chief (either by being selected following the provision of interest cards or by being assigned) will be required to stay in the assignment for a minimum of two (2) years from the date of entry into the assignment. If, after two (2) years, no other Battalion Chief has expressed interest in the assignment, and if the incumbent in the assignment wants to stay in the assignment, the incumbent may stay in the assignment until another Battalion Chief expresses interest in the assignment and is considered in the selection process. However, if, after serving in the assignment for two years, the employee no longer wants to remain in the assignment, there will be a new selection process and another employee will be selected using the selection process described above.

Any Battalion Chief in the assignment of Administrative Battalion Chief is not precluded at any time from seeking a promotion while in the assignment. If the employee is promoted while in the assignment, the employee will leave the assignment upon promotion.

7.7 Longevity Pay:

Employees in this bargaining unit shall receive longevity pay set forth below based on their years of service in a full-time position with the City of Palm Springs (time served in another agency does not count) as follows:

Item 1Q - Page 46
5 10 years – 11 years and 364 days – 2.5%
12 years – 13 years and 364 days – 3.5%
14 years – 15 years and 364 days – 4.5%
16 years – 17 years and 364 days – 6.0%
18 years – 19 years and 364 days – 7.5%
20 years or more – 10%
These pays are not cumulative. Once an employee becomes eligible for the next level of longevity pay, they shall qualify for that level and no longer receive the prior level.

The parties agree that to the extent permitted by law, longevity pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.

ARTICLE 8, OVERTIME AND COMPENSATORY TIME OFF

8.1 Overtime
Employees shall be compensated at time and one half of the employee’s hourly rate for work performed in excess of one hundred and eighty two (182) hours per twenty four (24) day work period (in accordance with Section 7(k) of the Fair Labor Standards Act) or in excess of forty (40) hours a week for those assigned to work schedules of 40 hours per workweek. Both Fire Battalion Chiefs and Fire Deputy Chiefs qualify as overtime exempt per the FLSA as managers who qualify for the Executive Exemption of the FLSA. Thus, the overtime provided herein is provided per this MOU and not per the requirements of the FLSA.

When an employee is required to work outside the City per the City’s agreement to provide mutual aid in the City’s California Fire Assistance Agreement with the Governor’s Office of Emergency Services, the employee will be paid at the rate of time and one half for the total hours assigned on such mutual aid.

8.2 Hours Worked
For employees hired on or before December 31, 2012, all compensated time off shall be counted as time worked for purposes of computing overtime. For employees hired after January 1, 2013, sick leave does not count as hours worked for purposes of computing overtime. In calculating hours worked where sick leave has been used, the City will look at each 14-day pay period separately to determine if overtime is owed. However, other forms of compensated time off shall be counted as hours worked for purposes of computing overtime.

8.3 Compensatory Time Off
The maximum accumulation cap for compensatory time off (CTO) is one hundred and ninetytwo (192) hours. Compensatory time off may be earned in lieu of overtime at the discretion of the employee. Upon separation, all accrued compensatory time will be paid at the employee's current salary rate.

By December 15 of each year, employees may make an irrevocable election to cash out up to 192 hours of CTO which they may earn in the following calendar year. In the following year, the employee can receive the cash for CTO they irrevocably elected to cash out in either two (2) Item 1Q - Page 47
6 separate increments of up to 96 hours or one (1) increment of 192 hours.

If an employee makes an irrevocable election to cash out CTO in the following calendar year and uses CTO in that subsequent year, the CTO used will come from annual leave the employee had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensure that assuming an employee had a CTO balance prior to January 1, the CTO used will not result in a reduction in the amount of CTO the employee will be eligible to cash out.

Employees with compensatory time off banks of 192 hours must use compensatory time off to lower the time in their bank below 192 hours to be able to accrue additional compensatory time off.

ARTICLE 9, UNIFORM ALLOWANCE
City agrees to pay a uniform allowance of $125.00/month to each employee as a reimbursement for expenses incurred in the acquisition and maintenance of uniforms.

Item 1Q - Page 48
7 BENEFITS
ARTICLE 10, HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to employees. The amounts provided by the City for health, dental and vision insurance for 2023 are set forth below. Each calendar year, the City will pay up to a four percent (4%) increase above the prior year’s premium rates.

The above explanation of the health, vision, and dental contributions are described with the following example involving the 2021-2024 rates:

A. In 2021, the Blue Shield single party rate was $1077.72.

B. In 2022, the Blue Shield single party rate increased by 3.00% to $1110.05.

C. In 2022, the City paid the 3.00% increase = $32.22 increase. Thus, in 2022, the Blue Shield single party premium rate was $1110.05 and the City paid $993.23 + $32.33 = $1025.56 and the employee paid $84.49.

D. In 2023, the City paid the 3.50% increase = $38.81 increase. Thus, in 2023, the Blue Shield single party premium rate was $1148.86 and the City paid $1025.56 + $38.81 = $1064.37 and the employee paid $84.49.

E. For 2024, the City will pay the amount of any increase in the health insurance up to 4% over the 2023 premium of $1148.86. That increase (if any) will be added to the City’s 2023 contribution of $1064.37.

Vision and Dental Insurance are calculated exactly the same way as described above for health insurance.

10.1 Health, Dental and Vision Insurance – Current Employees The City agrees to contribute up to the amounts below for calendar year 2023 for Unit members toward Health (including hospitalization, drug coverage through such program(s) as shall be designated by the Association and approved by the City Council), Dental and Vision insurance.

Unit members will sign verification of dependent eligibility annually at open enrollment.

Item 1Q - Page 49
8 City Contribution for 2023
Type of Coverage Health Dental Vision
Single Party $1064.37 $38.37 $13.42
Two-Party $2043.05 $56.20 $13.42
Family $2164.96 $84.36 $13.42
The City of Palm Springs provides Domestic Partner Coverage to the current health, dental, and vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership, Proof of Domestic Partner Relationship as issued by a governmental agency, Statement of Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier.

For medical coverage, if employees elect to opt out of coverage offered by the City, they must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California).

10.2 Term Life Insurance
The City agrees to provide $50,000 Term Life Insurance coverage at no cost to employees in the unit.

ARTICLE 11, HEALTH INSURANCE FOR RETIREES
A. “Tier I” – Applicable to All Employees Hired on or Before June 30, 2006 For an employee who retires from the City after 20 years of continuous service, the City shall pay 75% of the cost of "retirees" health premium plan being covered at the time of retirement.

For an employee who retires from the City after 25 years of continuous service, the City shall pay 100% of the cost of"retirees" health premium plan being covered at the time of retirement.

The City will pay up to family coverage.

All employees eligible for retiree medical benefits who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions.

1. Service Credit for Health Insurance For Retirees in Tier 1 Employees in Tier 1 shall be eligible for two years of service credit for the purpose of being eligible for retiree health insurance (e.g., an employee with 18 years of continuous service will be eligible for the benefits available to those with 20 years of Item 1Q - Page 50
9 continuous service) if in the month of June the employee makes an irrevocable offer to retire (which will be immediately accepted by the City) by no earlier than ninety (90) days from the date of notice or later than December 31 of that same calendar year.

B. “Tier II” –Applicable to All Employees Hired on or After July 1, 2006:

For all employees with an initial hire date that is on or after July 1, 2006, there will be no City contribution for retiree health benefits. The City will contribute for each such employee $150.00 per month to Retiree Health Savings Plan (during employment). The City will pay the administrative costs of this Plan.

A Tier 2 employee who retires from active service as a Palm Springs employee, shall be entitled to participate at their own cost in the medical, hospitalization, and prescription drug coverage plan.

ARTICLE 12, RETIREMENT

12.2 Retirement Formula
Employees (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired prior to December 17, 2011 are covered by the 3% @ 50 formula provided for by the Public Employees’ Retirement Law at Government Code section 21362.2. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Employees(and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired on or after December 17, 2011 are covered by the 3% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code section 21363.1.

These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Employees, who are defined as “new members” under the PEPRA, are covered by the 2.7% @ 57 formulas provided for by the PEPRA at Government Code section 7522.25(d). These employees’ retirement will be calculated per the three year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

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10 12.3 Employee Contributions to the Retirement System A. Employees subject to the 3%@50 and 3%@55 formula hired prior to January 1, 2013:

Employees shall pay their nine percent (9%) member contribution.

Employees shall also pay three percent (3%) compensation earnable for cost sharing in accordance with Government Code section 20516(a).

B. Employees subject to the 2.7%@57 Formula – “New Members” as defined by PEPRA:

These employees shall pay the statutorily mandated employee contribution rate of one half of the total normal cost as determined by CalPERS in their annual valuation.

12.4 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term is used in section 414(h)(2)) of their employee contribution and cost share is made on a pre-tax basis.

12.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:

A. Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551
B. Death Benefit – Government Code section 21620
C. Post Retirement Survivor Allowance - Government Code sections 21624/26/28 and 21635 D. Military Reallocation Credit - Government Code section 21024 E. Sick Leave Credit - Government Code section 20965
F. Final Compensation Period One Year - Government Code section 20042 for classic members G. 2% Cost of Living Allowance - Government Code section 21329 H. Prior Service - Government Code section 20055
I. 1959 Survivor Benefit Level 4– Government Code section 21574. Employees pay the employee premium for this benefit.

ARTICLE 13, EDUCATIONAL REIMBURSEMENT
An employee shall receive tuition reimbursement for courses either approved through the Tuition Reimbursement Program or for other work-related courses approved in advance at the discretion of the Fire Chief and the Human Resources Director. Tuition reimbursement for college or university level courses must be taken from a college or university accredited by either the Council Item 1Q - Page 52
11 for Higher Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”).

Employees shall receive up to $1,500/fiscal year through the Tuition Reimbursement Program.

ARTICLE 14, IRS 125 PLAN
The City agrees to provide an IRS 125 health care and dependent care reimbursement Plan for employees. The Association agrees that employees who subscribe to the plan shall pay the Plan Administrator's fees.

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12 WORK HOURS/LEAVE
ARTICLE 15, WORK SCHEDULES

15.1 Employees assigned to a 40-hour position shall be allowed to work on either a 4/10 schedule or a 9/80 schedule, with the understanding that such schedule is at the discretion of the Fire Chief.

The City reserves the right to schedule hours of work. The City and Association agree to meet and confer on the impacts of any significant work schedule changes other than the 4/10 or 9/80 schedule described above.

15.2 Fire suppression personnel (i.e., the three shift Battalion Chiefs) work a “48/96” work schedule.

The “48/96” work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours) of scheduled work followed by four consecutive days (for a total of 96 consecutive hours) offduty.

ARTICLE 16, VACATION
Employees accrue Vacation as follows:

Years of Service Hours Accrued & Vested
Monthly (40 Hour Employees)
Hours Accrued & Vested
Monthly (Shift Employees)
0 through 5 12 16.8
6 through 10 14 19.6
11 and after 16 22.5
Employees assigned a fifty-six (56) hour shift workweek shall not accrue vacation hours beyond the maximum of four hundred fifty-six (456) hours. Employees assigned to a forty (40) hour workweek shall not accrue vacation hours beyond the maximum of three hundred twenty-five and seventy-one hundredths (325.71) hours. Employees shall be eligible to use vacation as it is accrued.

An employee who has accrued the maximum hours of vacation will not continue to accrue vacation hours until they use vacation to reduce their accrual below the maximum accrual. An employee cannot accrue vacation hours above the specified maximum accrual.

By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of vacation that they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the vacation they irrevocably elected to cash out in either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 16 hours per month – 192 hours per year, 96 hours each) or one (1) increment of up the maximum they can accrue in a year.

The employee would be paid one half of what they irrevocably elect to cash out hours on both Item 1Q - Page 54
13 the second pay day in July and the second pay day in November or the employee can elect to be paid their full amount they elected to cash out on the second pay day in November. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out.

This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

Upon separation, all unpaid accrued and vested vacation will be paid at the employee's current salary rate. All unpaid accrued and vested vacation of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law.

ARTICLE 17, HOLIDAYS

17.1 Payment in Lieu of Holidays
In lieu of all City recognized holidays, Unit Members who work the suppression shift of an average of 56 hours per week shall be paid 6.07 hours (per pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate.

17.2 Holidays for Non-Suppression Unit Members
Employees assigned to a 40-hour schedule (i.e., Unit Members whose regular schedule is not a suppression shift) shall be entitled to the following paid holidays if they were in paid status for the entire day the day before and the day after the holiday, (i.e., either the employee worked or was absent using paid leave for the entire day on such workdays):

17.2.1 City Holidays
New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
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14 Indigenous Peoples’ Day Second Monday in October
Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day After Fourth Thursday in November Christmas Eve December 24
Christmas Day December 25

17.2.2 Hours Earned For Each Holiday
Employees earn ten (10) hours for each holiday.

17.2.3 Working on Observed Holidays
If an employee is required by their supervisor to work on an observed holiday, 10 hours (pro-rated for part-time employees) will be credited to the employee’s holiday leave bank.

If an observed holiday occurs on a regularly scheduled workday and the employee is not required to work, the employee will be paid 10 hours (pro-rated for part-time employees) of holiday pay to create a full work week.

17.2.4 How City Holidays Are Observed By Employees
If a holiday occurs on one of their workdays, they shall be entitled to the day off with pay if they were in paid status for the entire day the day before and the day after the holiday, (i.e., either the employee worked or was absent using paid leave for the entire day on such workdays).

For holidays occurring on a Friday or Saturday (i.e., years when Juneteenth, July 4, Veterans’ Day, Christmas Eve, Christmas Day or New Year’s Day fall on a Friday or Saturday and every year for the day after Thanksgiving) they will not move to the prior open business day (e.g., the Thursday before or the Wednesday before Thanksgiving).

These holiday hours will be placed in each employee’s holiday bank.

If Juneteenth, July 4, Veterans’ Day, Christmas Eve, Christmas Day or New Year’s Day fall on a Sunday, the holiday will be observed as a day off on the following Monday. If Christmas Eve falls on a Sunday, the hours will be placed in each employee’s holiday bank.

All holiday hours (i.e., whenever an employee does not take the day off on a holiday and earns time rather than the day off) shall be placed in a holiday bank for use by employees during the calendar year. Any hours in an employee’s holiday bank on the last pay day of the calendar year shall be paid to the employee. If an employee leaves City employment, any hours in the holiday bank at the time of termination will be paid to the employee
In calendar year 2023, the first holiday to which the holiday bank will apply is July 4, 2023.

Employees with leave in the floating holiday bank as of the beginning of this 2023-2026 Item 1Q - Page 56
15 MOU, will have until December 31, 2023 to use any such hours. Those hours will no longer be available starting in 2024.

ARTICLE 18, SICK LEAVE
Employees on a 40-hour workweek shall accrue sick leave at the rate of 8.57 hours for each full month of service. Employees assigned to shift duty shall accrue sick leave at the rate 12 hours for each full month of service.

Sick leave shall accrue to a maximum of seven hundred and twenty (720) hours for employees who work shift/suppression shifts and 514.29 hours for employees who work a 40-hour shift.

Notwithstanding the preceding sentence, if an employee’s accrued sick leave reaches 720 hours (or 514.29 hours for employees on a 40-hour shift), they will continue to accrue sick leave in that calendar year subject to the following: An employee may cash out any accrued sick leave above 720 hours (514.29 hours for employees on a 40-hour shift) in the second pay period in July, if an employee still has sick leave on the books in excess of 720 hours (514.29 hours for employees on a 40-hour shift) by the pay day for the first pay period of December, the unused sick leave above 720 hours (514.29 hours for employees on a 40-hour shift) shall be compensated by a cash payment in an amount equal to the employee's straight time hourly rate of pay for those unused accumulated sick leave hours.

All accrued unused sick leave shall be paid upon retirement from the city service. Per Article

13.4, employees also have the option to convert unused sick leave to credit.

ARTICLE 19, FORTY HOUR CONVERSION
Employees who convert from a 56- hour per week suppression shift assignment to a 40-hour per week assignment shall have their leave accruals (vacation, compensatory time and sick leave) divided by 1.4 when entering that assignment. Employees who convert from a 40- hour per week assignment to a 56-hour per week suppression shift assignment shall have their leave accruals multiplied by 1.4 when entering that assignment.

ARTICLE 20, SHIFT TRADING
Unlimited time exchanges (i.e., shift trades) will be permitted between employees in accordance with Fire Department policy and procedure.

ARTICLE 21, JURY DUTY
Employees who are called for and serve on jury duty, or to honor a subpoena, will be given time off from work with pay.

Employees who call the court while at work and find out that they must report to jury duty the next day, must continue to work the shift but will be relieved from duty with sufficient time to arrive at the court for jury duty in the morning. If an employee is scheduled to be on duty on the day they are on jury duty, they must return to their shift after the jury service is done for the day. For employees who are required to serve on jury duty for longer than two weeks (and who are informed of such when empaneled on a jury) their work schedule shall be converted to a 40-hour staff schedule during their time on jury duty.

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16 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 22, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Appendix A.

ARTICLE 23, NON-TOBACCO USE REQUIREMENT
All employees shall not use tobacco products on or off duty throughout the term of their employment. This includes, but is not limited to, all e-cigarettes.

ARTICLE 24, BOMB SEARCH
Employees are not required to perform bomb searches. Upon receipt of a bomb threat, employees shall be asked to stand by should rescue or suppression become necessary.

ARTICLE 25, FILLING VACANCIES
The City recognizes the value of promotion through the ranks in the Fire Department and acknowledges its desire to offer promotional opportunities to members of the bargaining unit. To that end, all vacancies will be open to internal candidates and their years of service, qualifications, and service to the City will be factors considered in making a final decision.

However, the City reserves the right to open such recruitments externally if it determines it is necessary to do so based on the particular vacancy.

ARTICLE 26, BOARD OF DIRECTORS
The Association may conduct a Board of Directors meeting once each month at a City facility and during the workday, not to exceed two (2) hours.

The City will provide a bank of fifty (50) hours per year to be allocated by the Association Board of Directors for use by Association Officers or members. The Board of Directors shall be responsible for notifying the City's Director of Human Resources of the use of such hours when those hours are used. In addition, the Association will provide a report to the Human Resources Department upon request (up to twice a year) of the use of these hours in the previous year.

ARTICLE 27, PAYROLL DEDUCTION FOR ASSOCIATION
The City will make a payroll deduction at the request of the Association for dues, assessments, and other deductions authorized by the Association. The deductions will occur biweekly and will be paid to the Association's treasurer.

ARTICLE 28, STRIKES AND WORK STOPPAGES

28.1 Prohibited Conduct
The Association, its officers, agents, representatives, and/or members agree that, they will not cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or refusing to perform services.

Item 1Q - Page 58
17 Any employee who participates in any prohibited conduct listed above shall be subject to suspension, demotion, or dismissal by the City.

In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below as Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and Dues Deduction.

28.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 28.1 and return to work.

ARTICLE 29, GRIEVANCE PROCEDURE

29.1 Definition of Grievance
A “Grievance” is a dispute of one or more employees or a dispute between one or more employees involving the interpretation, application or enforcement of the provisions of the MOU, or of the Personnel Rules and Regulations that are within the statutory scope of representation, and for which there is no specific method of review provided by federal, State or local law. A grievance may also be filed by the Association.

Reviews of allocations or reallocations of positions as described Personnel Rule 4.3.3 or reviews of examination ratings as described Personnel Rule 7.7 are excluded from the grievance procedure. Allegations of harassment, discrimination or retaliation are also excluded from the grievance procedure as they are addressed by a separate procedure.

Release or lay-off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure.

29.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further referred to as “days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days, currently Monday-Thursday, excluding holidays.

Item 1Q - Page 59
A.

C.
18 D. Failure to Submit to Next Level - If an employee fails to submit from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall not be subject to further consideration and will be deemed resolved.

29.3 Informal Resolution
A. The responsibility of an employee with a grievance is to promptly inform and discuss the grievance with the department supervisor or designee in order to, in good faith, endeavor to resolve the matter expeditiously and informally. If the grievance is filed by the Association, it does not need to follow the informal resolution process. It can file a written grievance per Article 30.4 with a supervisor who works in the department to which the grievance relates.

B. If such informal discussion does not resolve the grievance to the employee’s satisfaction, such employee may file a formal grievance in accordance with the procedure set forth in this section.

29.4 Procedure
A. The employee shall submit the grievance in writing, with signature and date, and submit it to their immediate supervisor within fifteen (15) days of the initial commencement of the occurrence being grieved. The supervisor shall further consider and discuss the grievance with the employee and such employee’s designated representative as deemed appropriate, and shall, within fifteen (15) days of having received the written grievance, submit a response thereto in writing to the employee and the employee’s representative, if applicable.

The City Manager or designated representative, may set a meeting with the employee, employee’s designated representative, and other persons as deemed appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated representative shall submit a response to the Unit employee and employee’s representative, if applicable. The decision of the City Manager is final and binding.

D. This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or Personnel Rules.

ARTICLE 30, DISCIPLINE
A. Disciplinary actions defined:

1. Oral/Written Warning
The use of an oral or written warning shall be used as a tool by supervisors to address performance problems or minor instances of misconduct and may be initiated at any time. If it qualifies as punitive action under the Firefighter Procedural Bill of Rights Act, the employee shall be entitled to an administrative appeal per the informal process below. The supervisor or manager will review with the employee both the specific deficiencies in question and the City’s standards. The cause(s) of the deficiency will be identified along with specific improvement needed. The employee should be advised of the action that will be taken should they fail to achieve the improvement outlined within the time period specified. Any written warnings will be kept in the supervisory file, not the official personnel file, and a copy given to the employee. The supervisory file is intended to be a temporary file to record performance, both positive and negative, throughout the performance year. Once the performance evaluation is completed for the year, all items in the file should be referenced in the performance evaluation if appropriate, and discarded at the end of the performance year.

2. Written Reprimand
A Written Reprimand generally is appropriate to correct instances of more serious circumstances or employee misconduct which do not warrant suspension or discharge, repeated instances of minor misconduct or identified performance problems. The purpose of a Written Reprimand is to put the employee on notice that the City will take other disciplinary action unless immediate, real and consistent improvement in performance is demonstrated. Any decision to issue a Written Reprimand should be reviewed by the Human Resources Department. The supervisor or manager issuing the Written Reprimand shall meet with the employee to discuss specific improvements required within a defined time period to avoid further disciplinary action. A copy of the Written Reprimand will be placed in the employee’s official personnel file.

3. Suspension
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20 Suspension is the temporary removal of employees from their duties without pay.

5. Demotion
Demotion is the movement of an employee from his current classification to a new classification having a lower salary range.

6. Discharge
An employee may be discharged for cause.

B. Pre-Disciplinary Procedure
If an employee is to be suspended, receive a reduction in pay, be demoted or discharged, the employee shall:

1. Receive written notice of the intended action at least seven (7) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the action is based.

2. Receive copies of any known materials, reports or other documents upon which the intended action is based.

3. Be accorded the right to respond in writing within a reasonable period of time to the intended charges.

4. Be accorded the right to meet within a reasonable period of time with the Fire Chief or designee who has the authority to modify or eliminate the intended disciplinary action.

5. Be given the written decision of the Fire Chief or designee prior to the effective date of the disciplinary action.

C. Appeal Process
The following appeals procedures are adopted by the parties pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act.

1. Definitions
a. The term “firefighter” means an employee who is considered a firefighter (including employees at both ranks within this unit) under Government Code § 3251(a) as well as any firefighter who is a peace officer pursuant to Penal Code § 830.37. This includes all employees who are in this Unit.

Item 1Q - Page 62
21 b. The term “punitive action” means any action defined by Government Code § 3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

2. Formal Appeals Procedures – For Punitive Action Causing a Loss of Pay Not Covered by the Informal Hearing Process
A firefighter shall be entitled to an appeal hearing before an Administrative Law Judge assigned from the Office of Administrative Hearings which shall be conducted in accordance with Chapter 5 (commencing with § 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
a. Notice of Discipline as Accusation - The final notice of discipline which may be issued at the conclusion of the pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. (1) Pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline. (2) The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline.
b. Administrative Law Judge - Pursuant to Government Code § 11512, the appeal will be heard by an administrative law judge
c. Time and Place of Hearing- Pursuant to Government Code § 11508, unless otherwise decided by the administrative law judge, a hearing shall be conducted at City Hall or in another City facility at a time to be determined by administrative law judge with the input of the representatives of both the City and employee. d. Notice of the Hearing- A notice of the hearing shall be provided to the parties pursuant to Government Code § 11509.
e. The burdens of proof and production of evidence shall be borne by the City. The standard of proof shall be by a preponderance of the evidence. f. The proposed decision of the administrative law judge shall be in writing. Copies of the proposed decision shall be delivered to the parties by registered mail and accompanied by a proof of service.
g. Following receipt of the proposed decision, the City Council, or any designee (e.g., the City Manager) to the extent authorized by law, may take any of the actions set forth in Government Code § 11517(c)(2) A through E.

3. Appeals Procedures Informal Process
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22 The Informal Hearing Procedure, as opposed to the formal procedures, will be used for disciplinary action imposed on an employee that does not involve termination from employment, demotion, suspension without pay for more than two (2) shifts for employees working a 56-hour suppression schedule or three (3) working days for employees working a 40-hour administrative schedule, or where the practical financial effect of the discipline equates to a two shift suspension or less for employees working a 56-hour suppression schedule or three (3) working days or less for employees working a 40-hour administrative schedule.
a. Appeal to the Fire Chief or Designee
(1) A firefighter who receives notice of a punitive action shall be entitled to appeal the action to the Fire Chief prior to the effective date of the punitive action. The appeal is an opportunity for the firefighter to present written material and arguments why a punitive action should not occur or offer alternatives to the action.
(2) Notice of Appeal: Within seven (7) calendar days of receipt by a firefighter of notification of a punitive action, the firefighter shall notify the Fire Chief in writing that they intend to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending. (3) Hearing Officer: The Fire Chief or designee shall act as the hearing officer. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or designee shall serve as the hearing officer. The hearing shall take place within thirty (30) calendar days of the date the firefighter was notified about the punitive action (e.g., received a written reprimand) or such other time as may be agreeable by the parties.
(4) Burden of Proof: The City shall bear the burden of proof at the hearing.

The rules of privilege shall be observed.
ii. The parties may present arguments through documents and statements. iii. If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses.

Item 1Q - Page 64
23 iv. Following the presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer.
v. Representation: The firefighter may be represented by an association representative or attorney of their choice.
(6) Decision:

ARTICLE 31, WAIVER OF FURTHER BARGAINING ON TERMS WITHIN THE MOU The terms agreed upon by the MOU shall take effect at the time specified herein upon approval by Resolution of the City Council of the City of Palm Springs and shall remain in full force and effect until midnight, June 30, 2023.

ARTICLE 32, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS Unit members hired on or after 8:00 a.m. on October 11, 2015 must live within 150 miles of the City limits. Prior to February 1, 2020, the 150 miles could be measured by using a linear calculation. For any employees hired on or after February 1, 2020, the calculation of the 150 miles shall be made by using Google Maps driving directions.

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24 APPENDIX A. DRUG POLICY/DRUG SCREENING
The City of Palm Springs, the Association and employees have a vital interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but to co-workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug, marijuana or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City premises, at work locations, or while on duty.

The City of Palm Springs, the Association and employees recognize that their future is dependent on the physical and psychological well-being of all employees. The City and the Association mutually acknowledge that a drug and alcohol-free work environment benefits employees and citizens, and members agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place. The purpose of this article is to define the City's drug and alcohol policy as well as the possible consequences of policy violation.

Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited.

Section 1
When reasonable suspicion exists, the City may require an employee to submit to a substance screening. The employee will be given the option to select a blood test or urinalysis.

Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform their job safely is reduced.

Section 2
Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the facts constituting reasonable suspicion and shall give the employee a copy. This report must advise the employee of his right to representation. The employee shall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug screening, a representative must be available within a reasonable time or the employee will then be ordered to submit to a substance screening. An employee who refuses to submit to a substance screening may be considered insubordinate and shall be subject to disciplinary action up to and including termination.

Section 3
The supervisor, or designee, shall transport the suspected employee to the testing facility or shall call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system which includes methods or mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certified by the National Institute of Drug Abuse and comply with Item 1Q - Page 66
25 established guidelines for "chain of custody" to insure that identity and integrity of the sample is preserved throughout the collecting, shipping, testing and storage process.

Section 4
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An employee who tests positive on a confirmatory test will be given the opportunity to discuss the results with a physician to be designated by the City. The employee should be prepared at that time to show proof of any valid medical prescription for any detected substance or to otherwise explain, if they so chooses, a positive test result.

Section 5
While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs which are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify their supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these circumstances.

Section 6
Employees with substance abuse problems are encouraged to participate voluntarily in the Citysponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete confidentiality and without adverse consequences to their employment. Employees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated.

Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City will refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll, participate in and successfully complete a rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement".

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26 PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTATIVE Date:

By:

PSFMA President Signature
By:

PSFMA Vice President Signature

CITY OF PALM SPRINGS
Date:

By: By:

City Manager Labor Attorney
Attest:

By: By:

City Clerk Director of Human Resources
Approved to form:

By:

City Attorney
Council Approval:

Item 1Q - Page 68

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT NO. 23B131 WITH WGJ ENTERPRISES INC., DBA PCI FOR AIRCRAFT GATE PARKING RESTRIPING RECOMMENDATION:

Approve Contract Services Agreement No. 23B131 with WGJ Enterprises Inc. dba PCI to provide aircraft gate parking restriping in an amount not to exceed $599,900.

1. Appropriate $599,900 from Airport Capital Fund 416 to Airport Account 4167065.80000.

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

Attachments
Item 1R

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 23B131 WITH WGJ ENTERPRISES, INC., DBA PCI FOR AIRCRAFT GATE PARKING

RESTRIPING
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve an agreement with WGJ Enterprises, Inc., dba PCI in an amount not to exceed $599,900 for aircraft gate parking restriping at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement No. 23B131 (Attachment A) with WGJ Enterprises, Inc., dba PCI, to provide aircraft gate parking restriping in an amount not to exceed $599,900.

2. Appropriate $599,900 from Airport Capital Fund 416 to Airport Account 4167065.80000.

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 May 30, 2023, WGJ Enterprises, Inc., dba PCI is registered in the State of California.

BACKGROUND:

The Airport has conducted a design survey of the ramp space for the Bono and Regional Jet Concourses for aircraft gate parking. The new design survey will allow the accommodation of larger aircraft at several gates and increase gate parking capacity from 20 total aircraft parking gates to 21 total aircraft parking gates. The existing marked and painted surfaces of the aprons will be removed, and the new markings will be applied to Item 1R - Page 1
City Council Staff Report
June 29, 2023 -- Page 2
Award of Aircraft Gate Parking Restriping Contract Services Agreement No. 23B131 the ground surface as depicted in the new design survey. WGJ Enterprises, Inc., dba PCI will be completing the removal and paint application of the markings in accordance with federal requirements.

STAFF ANALYSIS:

An Invitation for Bids (IFB 23-30) was initiated by the City’s Procurement & Contracting Department on May 4, 2023, based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Two bids were received by the May 30, 2023, deadline as follows:

Vendor Bid
WGJ Enterprises, Inc., dba PCI $599,900
Sterndahl Enterprises LLC $1,248,000
Staff recommends approval of a Contract Services Agreement No. 23B131 with WGJ Enterprises Inc. dba PCI in the amount not to exceed $599,900.

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. In addition, the action would be categorically exempt from CEQA pursuant to Section 15301, in that the removal and paint application of new markings is a minor alteration of existing public facilities and will result in a negligible expansion of an existing use.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2 - Community Infrastructure - 2A - Improve City Facilities.

FISCAL IMPACT:

Approval of this action includes an appropriation of $599,900 from the Airport Capital Fund Balance Account 4167065.80000 in Fiscal Year 2024.

Item 1R - Page 2
City Council Staff Report
June 29, 2023 -- Page 3
Award of Aircraft Gate Parking Restriping Contract Services Agreement No. 23B131 REVIEWED BY:

Department Director: Harry Barrett Jr.

Procurement and Contracting Manager: Kim Baker
Acting Finance Director: Kristopher Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

A. Contract Services Agreement No. 23B131
B. Public Integrity Disclosure
Item 1R - Page 3

ATTACHMENT A
AGREEMENT NO. 23B131
WGJ ENTERPRISES, INC. DBA PCI
Item 1R - Page 4
Revised 4.13.23
CONTRACT SERVICES AGREEMENT 23B131

AIRCRAFT GATE PARKING RESTRIPING
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 20__, by and between the City of Palm Springs, a California charter city and municipal corporation (“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 firm to provide the City with complete removal of existing commercial gate and walkway striping and application of newly surveyed commercial gate and walkway striping at the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide aircraft gate parking restriping at the Palm Springs International Airport, 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 consideration, 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 practicing under similar conditions. In the event 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 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 the Services and this Agreement.

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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 Agreement, 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 completion 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 regardless 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 $599,900.00.

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 stated 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 documents, 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 performance 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 following: (1) Acts of God or other natural disasters 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 orders, rules to protect the public health, welfare 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 Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 60 consecutive calendar days, 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. 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 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 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 thirty (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 principal and representative of Contractor authorized to act and make all decisions in its behalf 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 City 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. The 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 the 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, its principals and employees, were a substantial inducement for City to enter into this Agreement. 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 transferred, 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 provisions 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 of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall 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 reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation 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 following personnel Item 1R - Page 8
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without the prior written approval of the Contract Officer. Acting through 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 and the performance of other requirements on certain “public works” and “maintenance” projects (“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 more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from 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 the Contractor and all subcontractors to comply with all California Labor Code provisions, 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 payroll 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 maintenance 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 of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial 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, damages, demands, orders, penalties, and expenses Item 1R - Page 9
Revised 4.13.23
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 circumstances 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.

7.2 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 limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, 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 expenditures pertaining in any way to this Agreement. Contractor shall keep such books 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, specifications, reports, records, documents, and other materials prepared by Contractor in the 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.

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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 publicly 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 business 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, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such 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 interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

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

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve 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 various sections and paragraphs of this Agreement are for convenience and identification purposes 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 exercise of any right or remedy of a nondefaulting Party on any default shall impair such right 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 respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights 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 same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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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 litigation 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 attorney 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 and 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 direct or indirect financial interest in this Agreement, nor shall Contractor enter into any 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 consideration in exchange for obtaining this Agreement.

10.3 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 origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). 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 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 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 nondiscrimination 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 1R - Page 12
Revised 4.13.23
writing and either served personally or sent by pre-paid, first-class mail to the address set forth 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 the 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 shall be 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 persons 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.

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

12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

13. 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 “D” attached hereto and incorporated 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]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND WGJ ENTERPRISES INC., DBA PCI
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: _____________________ 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
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EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Background:

The Palm Springs International Airport has conducted a new design survey of the BONO Concourse and Regional Concourse aircraft gate parking. The new design will allow accommodation of larger aircraft at several gates. The new design will also increase gate parking capacity from 20 total aircraft parking gates to 21 total aircraft parking gates.

1.2 Scope:

A. Contractor shall establish, provide and maintain control of work to construct the project in accordance with the Drawings titled New Aircraft Parking Design.

B. Contractor shall provide complete removal of existing gate and walkway striping.

C. Contractor shall provide application of new gate and walkway striping. Paint application must be compliant with FAA requirements defined in AC 150/5370 – 10H Item P-620 Runway and Taxiway Marking or most recent version of the document.

D. Contractor shall provide material procurement timeline to ensure accurate scheduling and completion of the project.

E. Contractor shall coordinate a phasing plan with the designated Airport Project Representative to minimize Air Carrier operation disruptions.

F. Safe and proper operation is the responsibility of the Contractor. All work areas and equipment shall be marked, sufficiently lighted and properly barricaded to exclude personnel, ground equipment vehicles and aircraft. The Contractor shall provide barricading and lighting as well as properly and continuously maintain for safety and security for the duration of the project.

G. The Contractor shall obtain SIDA badges from the Palm Springs International Airport for all staff working within the project site and the secured area or Contractor personnel shall obtain escort privileges and escort any unbadged personnel at all times while working within the secure are.

H. Contractor needs to provide survey marked on the pavement surface.

1.3 Schedule:

A. Upon receipt of Notice to Proceed the Contractor shall have a maximum of 60 consecutive calendar days for Substantial Completion of all work.

B. Extensions to expected completion workdays will be reviewed and approved by the Airport Project Representative.

C. Air Carrier operations will take precedence over the Contractor’s operations. All work shall be coordinated with the Airport Project Representative every 7 days or as necessary to accommodate air carrier operating schedules. It may be necessary for the Contractor to adjust their schedule accordingly.

1.4 Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1R - Page 17
Revised 4.13.23

1.5 Special Security Requirements – Palm Springs International Airport:

1. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the 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 the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses 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.

Item 1R - Page 18
Revised 4.13.23
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:
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 controlled 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 Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel.

Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person 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 project site.

All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are Item 1R - Page 19
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responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject 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 Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

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Revised 4.13.23
Item 1R - Page 21

ATTACHMENT G

BID FORM
INVITATION FOR BIOS (IFB 23-30)

AIRCRAFT GATE PARKING RESTRIPING
Responding lo this IFB for aircraft gale parldn~ reslrlping, the undersigned bidder prcposes and agrees t~ provide the services and work in accordance with the specifications. Bidder proposes and agrees lo furnish all labor, equipment, naterials, supervision, and service necessary to ccmplete said Work in acccrdance wtth the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. lhal are not already included or incorporated in the below unit costs.

ITEM DESCRIPTION UNIT TOTAL
1 Aircraft Gate Parking Restriping Lump Sum
.er scone it'5q"'. ""oo. -- TOTAL JJ-s </"I 'too,, =
Firm Name: WGJ Ente(prlses Inc., dba PCI
Signature of Authorized Person: _::~~~~~~ n:;7h ~~!:::::=::'.::':::'. ✓ ::'.'.:_ __ _ Printed Name: _ w_;_m_am_ G_._Ja_co_b _______________ _ _ Tide: _ P_,e_s_id_e_nV_Ow __ ne_, __________________ _
Date: __ s1_2_3/_2_02_3 _________________ __ _
Revised 4.13.23
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 1R - Page 22
Revised 4.13.23

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this 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 concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. 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 commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements 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 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 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 ($1,000,000.00) per occurrence 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, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1R - Page 23
Revised 4.13.23
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years 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, including additional insured endorsements, 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. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage 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 Additional Insured Endorsement 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 all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or selfinsurance 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 company, its agents or representative" is not acceptable and must be crossed out.

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

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance 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.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce 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, claim administration, and defense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. 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 1R - Page 25
Revised 4.13.23
Exhibit C
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor.

This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1R - Page 26
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Exhibit D

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 1R - Page 27
Revised 4.13.23
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 their duly authorized representatives access to any books, 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 1R - Page 28
Revised 4.13.23
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 exceed $10,000.

Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements 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 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 a manufacturer’s plant (e.g., firefighting and snow removal vehicles).

Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined 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 acquisition 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 established for such geographical area where the work is actually performed. With regard to this 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 Opportunity Clause, specific affirmative action obligations required by the specifications set 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 1R - Page 29
Revised 4.13.23
substantially uniform throughout the length of the contract, 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 for 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 shall 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 contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Reference: 41 CFR Part 60-4
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FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR 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 1R - Page 31
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of 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 iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents 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 cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101
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Revised 4.13.23
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 person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating 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 1R - Page 33
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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 itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights 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 Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); Item 1R - Page 34
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• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 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 Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:

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

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the 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 information, the Contractor 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 with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

Item 1R - Page 35
Revised 4.13.23
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, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation 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 1R - Page 36
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower 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 Clean Air Act (42 USC § 7401-7671q) 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 Environmental 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 1R - Page 37
Revised 4.13.23
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 contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.

CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federallyassisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety 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 most land transactions 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 part of the contract work which may require or involve the employment of laborers or mechanics shall require 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 workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for 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 this clause, the Contractor and any subcontractor responsible 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 Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual 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 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

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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 withhold or cause to be withheld, from any moneys payable on 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 the 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 any 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 contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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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 contractor 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 (PSAs) include 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 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. The 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 and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation 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 prior week. City must report any violations of the Act to the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1R - Page 40
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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 exceed $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 manufactured 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) includes 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 laborers and mechanics. The City must include this provision 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 laborers 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 account (except such payroll 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 than those contained in the wage determination of the Secretary of Labor which 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 costs reasonably anticipated for bona fide fringe benefits 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 for 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 incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Item 1R - Page 41
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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 determination (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 Contractor 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 listed in the wage determination 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) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable 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 Hour Division, U.S. Department of Labor, Washington, DC 20210. 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 contracting officer do not agree on the proposed classification and wage rate (including 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 contracting officer, 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 classification under this contract from the first day on which work is performed in the 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 contractor Item 1R - Page 42
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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 person, the Contractor may consider as part of the wages of any laborer or mechanic 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 Contractor, that the applicable standards of the Davis-Bacon Act have 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 Federal contract with the same prime contractor, or any other federally-assisted contract 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 necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, 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 apprentice, trainee, or helper, 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 be 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 preserved for a period of three years thereafter for all laborers 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 classification; 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; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 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 Davis-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 of 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 each week in which any contract work 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 case may be, for transmission to the Federal Aviation Item 1R - Page 43
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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 payroll 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 contractor is responsible for the submission 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 Contractor, or the Wage and Hour Division of the Department of Labor for purposes 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 Compliance," signed by the Contractor or subcontractor or his or her agent who pays 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 required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained 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 trainee) employed on the contract during the payroll period has been paid the full 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 forth in Regulations, 29 CFR Part 3;
(3) That each 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 the 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 any 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 required 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 Department of Labor and shall permit such representatives to interview employees 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 1R - Page 44
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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 Apprenticeship 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 shall not be greater than the ratio permitted to the contractor as to the entire 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 less 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 the 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 progress, expressed as a percentage of the journeymen hourly rate specified 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 not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 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, the Contractor will no longer be permitted to utilize apprentices 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, Employment and Training 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 specified in the approved program for the trainee’s level of progress, 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 1R - Page 45
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trainee program. If the trainee program does not mention fringe benefits, 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 training plan approved 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 permitted to utilize 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 apprentices, 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 instructions require, 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 debarment 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. Department of Labor, or the employees or their representatives.

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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 contracts by virtue 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
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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 non-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 or 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 neither 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 administering 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 this 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 Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available 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 subcontractor shall not discriminate on the basis of race, color, national 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 administration 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 this 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 contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following 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 subcontractor 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, instances 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 nonDBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed to 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 payment 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 terminate the DBE 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 writing to the DBE 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 objects to the proposed Item 1R - Page 49
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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 on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this 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 in 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 1R - Page 52
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces 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 grantees workplace may be where the contractors, 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 race, color, 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 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 – 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 orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants 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, 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. The Contractor 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 Contractor will, in all solicitations or advertisements for employees 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 discharge 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 apply to instances in which an employee who has Item 1R - Page 54
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access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses 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 action, including an investigation conducted by the employer, 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 notice 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 September 24, 1965, and shall post copies of the notice in conspicuous places available to employees 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 information 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 permit 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 with the nondiscrimination clauses of this contract or with any such rules, regulations, 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 11246 of September 24, 1965, 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 section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor 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 direction, 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” means the geographical area described in the solicitation from which 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. “Employer identification number” means the Federal social security number used 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 (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original 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 America and maintaining identifiable tribal affiliations 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 shall physically include in each subcontract in excess of $10,000 the provisions of these specifications 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 Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown 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 for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor 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 employees. The overall good faith performance by other contractors or subcontractors 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 shall implement the specific affirmative action standards provided in paragraphs 7a through 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 and training 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 areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance 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 bargaining 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 must be employed 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 trained 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 specifications shall be based upon its effort to achieve maximum results from 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 working environment free of harassment, intimidation, and coercion at all sites, and in all facilities 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 Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory 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 maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions 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 referral from a union, a recruitment source, or community organization and of what action 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 shall 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 when the union or unions with which the Contractor has a collective bargaining 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 impeded 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 1R - Page 57
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and apprenticeship and trainee programs relevant 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 Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting 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 with 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 employees 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, layoff, termination, or other employment decisions including specific 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, and 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, female, 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 for 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 selection 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 to minority and 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 and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all Item 1R - Page 58
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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 company activities are nonsegregated 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 record of all solicitations of offers for subcontracts from minority and female construction 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 performance 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 affirmative action obligations (7a through 7p). The efforts 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 more of its obligations under 7a through 7p of these specifications 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 industry, ensures that the concrete benefits of the program are reflected in the Contractor’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 demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation 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 goal for minorities and a separate single goal for women have been 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 specific 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, color, 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 carry out 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 amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and Item 1R - Page 59
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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 specifications, shall implement 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 Contractor fails to comply with 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, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, 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 standards of compliance 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 certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise 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 of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The 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 contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee 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 with non-Federal funds that takes place in connection with obtaining any Federal award.

For an award over $100,00, the bidder or offeror certifies by signing and 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 influencing or attempting to influence an officer 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, the making of any Federal loan, the entering 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 attempting to 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 Federal contract, grant, loan, or cooperative 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 grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction 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 requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity 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 work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements 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 – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision 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 tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include 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 clause 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 rooms, restaurants and other eating areas, time clocks, locker rooms 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 race, color, religion, sex, 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 1R - Page 63
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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 Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S.

Department of Labor – Occupational Safety and Health Administration.

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 the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory 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 Environmental 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/comprehensiveprocurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with 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 contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights 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 Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all subtier 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 construction 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 construction 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 addition 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 performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially 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 of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic 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 subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established 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 1R - Page 69
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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 contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries 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 on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, 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 circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals 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 good faith, the certification required 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 the list of countries that Item 1R - Page 70
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discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the 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 project. This preference, which excludes executive, administrative, and supervisory 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 executive, 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. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, 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 1R - Page 72
Revised 4.13.23
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 1R - Page 73

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1R - Page 74
Item 1R - Page 75

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 1st Street Azusa, CA 91702

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

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

5. Type of Entity
[] 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
William G, Jacob D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
@Other President/Owner
D 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 1R - Page 76

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 beneficial interest in entity and name of entity]
A.

William G, Jacob 100%
[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 beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date w~zo~ 5/23/2023

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

APPROVE AGREEMENT NO. 23B123 WITH WEST COAST ARBORISTS, INC. FOR

CITYWIDE TREE TRIMMING SERVICES
RECOMMENDATION:

Approve Contract Services Agreement No. 23B123 with West Coast Arborists, Inc., to provide citywide tree trimming services for an amount not to exceed $4,298,540.00 beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion.

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

Attachments
Item 1S

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT NO. 23B123 WITH WEST COAST ARBORISTS, INC., FOR CITYWIDE TREE TRIMMING SERVICES
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:

This action will approve a three-year agreement with two one-year options with West Coast Arborists, Inc., for citywide tree trimming services in an amount not to exceed $4,298,540.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 23B123 (Attachment A) with West Coast Arborists, Inc., to provide citywide tree trimming services for an amount not to exceed $4,298,540 beginning October 1, 2023 through September 30, 2026, with two one-year extension options at the City’s sole discretion.

2. 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 May 23, 2023, West Coast Arborists, Inc., is registered in the State of California.

STAFF ANALYSIS:

An Invitation for Bids (IFB 23-29) was initiated by the City’s Procurement and Contracting Department on May 1, 2023, based on Maintenance and Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the May 23, 2023, deadline as follows:

Item 1S - Page 1
City Council Staff Report
June 29, 2023 -- Page 2
Award Citywide Tree Trimming Services Contract
Vendor Bid
West Coast Arborists, Inc. $4,298,540.00
Mariposa Landscapes, Inc. $4,894,201.00
Golden West Arbor Services Inc. $5,308,600.00
Integrity Arborist and Ecoscape Inc. $6,034,738.20
The contract is for three years with two optional one-year renewals and the unit pricing is fixed for the first year and subject to a CPI increase in the following years. Staff recommends approval of Contract Services Agreement 23B123 with West Coast Arborists, Inc., for a three-year term in the amount not to exceed $4,298,540 effective October 1, 2023 through September 30, 2026, with two one-year extension options at the City’s sole discretion.

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 priority 2, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2023-24 in accounts 1006540-40105, 1413060-80000, and 4157045-40105.

REVIEWED BY:

Assistant Director of Maintenance and Facilities: Heather MacPherson Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Contract Services Agreement No. 23B123
B. Public Integrity Disclosure
Item 1S - Page 2

ATTACHMENT A
Item 1S - Page 3
Revised 4.13.23 Page 1 of 44
CONTRACT SERVICES AGREEMENT 23B123

CITYWIDE TREE TRIMMING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 20__, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and WEST COAST ARBORISTS, INC., 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 firm to provide citywide tree trimming services, (“Project”).

B. Contractor has submitted to City a proposal to provide citywide tree trimming 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.

AGREEMENT

1. CONTRACTOR SERVICES

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3. COMPENSATION OF CONTRACTOR

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4. PERFORMANCE SCHEDULE

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on October 1, 2023, and ending on September 30, 2026, unless extended by mutual written agreement of the Parties.

Contractor may not terminate this Agreement except for cause, upon thirty (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 principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Patrick Mahoney (name), President (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City 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. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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 following personnel Item 1S - Page 7
Revised 4.13.23 Page 5 of 44
without the prior written approval of the Contract Officer. Acting through 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:

Patrick Mahoney President

5.6 California Labor Code 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, damages, demands, orders, penalties, and expenses Item 1S - Page 8
Revised 4.13.23 Page 6 of 44
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 circumstances 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.

8. RECORDS AND REPORTS

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9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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 1S - Page 11
Revised 4.13.23 Page 9 of 44
writing and either served personally or sent by pre-paid, first-class mail to the address set forth 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: West Coast Arborists, Inc.

Attention: Patrick Mahoney
43712 Jackson Street
Indio, CA 92201

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

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

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Revised 4.13.23 Page 10 of 44

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

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND WEST COAST ARBORISTS, 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: _______ 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 1S - Page 14
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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1S - Page 15
Revised 4.13.23 Page 13 of 44

1.1 Scope:

A. The contractor is responsible for providing all labor, expertise, materials, and equipment required for citywide tree trimming services on an as-needed basis. The scope of work includes, but is not limited to, the following: tree trimming, tree removal, stump grinding, tree planting, watering of young trees, maintenance of tree basins, repair of irrigation systems damaged during pruning, planting of trees, establishment of grass seed, grading and preparation of parkway areas for seeding and tree installation, identification of utility locations, traffic control, notification of customers by mail, entry of data into and maintenance of the web-based tree inventory and work history tracking system.

Furthermore, the contractor must report any conditions that could pose a threat to the public or result in a poor aesthetic, such as low or hanging limbs, blocked traffic control devices or signage, and dead, dying, or structurally deficient trees to the Contract Officer or designated representative. The city is responsible for providing the water utilized for the services under the agreement.

B. All work performed by Contractor shall comply with good arboreal practice for the species of trees being trimmed, shall be consistent with the Trimming Standards as adopted by the International Society of Arboriculture, and/or “Pruning Landscape Trees” by U.C. Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the most current American National Standards, Z133-1-1972, entitled “Safety Requirements for Tree Pruning, Trimming, Repair or Removal,” published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.

Contractor shall complete all work to the satisfaction of and under the supervision of the Contract Officer or designated representative.

C. Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, American National Standards Institute criteria and the standards and requirements described herein in providing tree services to ensure that trees in City receive the best possible care that results in a neat, clean, and attractive appearance to trees and associated sites serviced under the terms of the Agreement.

The City’s designated representative shall determine if the Contractor has met all trimming requirements, and payment shall not be made by City for trimming that is not in accordance with the above standards.

D. Contractor shall provide service that ensures the safety of employees and the public while minimizing inconvenience to the public and disruption of traffic while working in City.

E. Contractor shall endeavor to maintain good public relations at its worksites and shall conduct its work in a manner which will cause the least possible interference with, or annoyance to, the public.

F. Contractor shall comply with Contractor’s Quality Control Plan, as approved by the Contract Officer, throughout the term of the Agreement. The Quality Control Plan shall provide City with an effective and efficient means of identifying and correcting problems throughout the entire scope of services.

G. Contractor shall comply with Contractor’s Safety Manual that meets SB 198 requirements for injury and illness prevention.

H. Contractor shall maintain a local office staffed by a representative during regular work hours, which is defined as Monday through Friday from 7:00 a.m. to 4:00 p.m. (excluding holidays). Such representative shall be authorized to discuss matters pertaining to the Agreement.

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Revised 4.13.23 Page 14 of 44
I. Upon commencement of the Agreement, Contractor shall provide a list of emergency numbers for afterhours work to the Contract Officer. “After hours work” shall be defined as work performed outside regular work hours. Contractor shall have a tree service supervisor available by telephone on a 24-hour basis who is assigned to provide prompt attention to requests from City for emergency and after-hours tree service requests. The response time for emergency and after hours work requests shall not be greater than one (1) hour. Contractor shall deal with any tree related emergency ranging from limbs down on single trees to storm related damage to many trees requiring the commitment and focus of significant resources and manpower for several days. Contractor shall be required to provide all necessary traffic control during emergency work. Should the work involve any high voltage power lines or any utility lines the contractor shall be required to notify the responsible utility company. Failure to respond to tree emergency and afterhours work requests within the specified time limits shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”.

J. Staff Qualifications/Appearance: All persons performing tree work on City trees shall be trained according to tree care standards accepted by the International Society of Arboriculture.
i. Contractor shall employ personnel qualified by reason of education, training, and experience to perform the services specified in this Agreement. ii. Any person employed under this Agreement who fails or refuses to carry out the directions set forth under this Agreement or in the opinion of the Contract Officer is incompetent, disorderly; or uses threatening or abusive language or is otherwise unsatisfactory while performing work under the Agreement, shall be immediately removed from performing work under this Agreement and shall not again perform services under the Agreement except by written consent of the Contract Officer.
iii. Contractor shall staff each project work site with a Supervisor who holds a current ISA (International Society of Arboriculture) Certified Arborist credential.

All worksite supervisors employed by Contractor shall be fluent in written and spoken English and possess adequate technical background to ensure that all work is accomplished with the special provisions of this contract. iv. All Contractor personnel engaged in the actual trimming of City trees shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel (e.g., ground workers, traffic control staff) shall have received sufficient training so as to be capable of performing their functions in a safe and proficient manner.
v. Contractor’s employees shall have:
a) Proper licenses to operate equipment.
b) Ability to operate and maintain equipment in accordance with manufacturer recommendations.
c) Mechanical ability to make required operator adjustments to the equipment being used.
d) Knowledge of safety regulations as they relate to tree care and traffic control.
e) American Red Cross Standard First Aid Certification (minimum of one member of each crew).

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Revised 4.13.23 Page 15 of 44
f) Ability to communicate orally and in writing in English. g) Knowledge of tree care and related operations
vi. Contractor shall provide a standard uniform for its personnel consisting of at least a collar shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform.

Contractor employees shall appear neat and well-groomed. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. Contractor employees shall wear orange safety vests when operating machinery or/or while working within five hundred (500) feet of moving traffic or such other distance required by any applicable laws. Violations of uniform and/or safety apparel requirements shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages.”
K. Notification:
i. Prior to beginning the work, Contractor shall review with the City’s designated representative the various methods, tools and work scheduling to be used on the trees to be trimmed or removed.
ii. At least seven (7) working days prior to the commencement of any nonemergency work at any tree site, Contractor shall, by mailing, notice the occupant(s) of that property of the type of work that shall be performed and the anticipated time frame during which the work shall be performed. iii. At least seventy-two hours (72) in advance of work, Contractor shall supply and post standardized signage next to the trunk of the tree at the site work at which work is to be performed, with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using material that does not cause damage to the tree. In the event that a tree trunk is not available for posting, Contractor shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding.
iv. The use of door hangers and/or door knocking may be authorized by the Contract Officer. All notifications must be mailed.
v. Beginning non-emergency work without notification shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”. vi. Postings shall not be left in place once work has been completed. Leaving postings on trees once work has been completed shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”. vii. The routine watering of young trees shall be exempt from this notification and posting standards.

L. Traffic Control:
i. At no time shall Contractor commence or carry on with work that presents a hazard to pedestrians or vehicular traffic.
ii. Prior to the commencement of, and for the duration of, any work in any area, Contractor shall be responsible for traffic control and safety regulations as related Item 1S - Page 18
Revised 4.13.23 Page 16 of 44
to any city, state or county requirements while working on streets, highways, medians and/or roadside strips. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal Highway Administrative guidelines. All operations shall be conducted by Contractor to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook.
iii. Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic. iv. Contractor shall be responsible for the placement of “Sidewalk Closed” signage at the perimeter of any sidewalk or pathway that leads pedestrian traffic into the work zone.
v. Any operation that results in a blockage of, or produces debris which could enter, vehicular traffic zones will require the use of a flag person equipped with, and using, a SLOW/STOP traffic paddle. Work in two-way traffic zones will require the use of two (2) flag persons. The placement of a traffic paddle into a safety cone shall not be considered a substitute for the required flag person(s). vi. Where Contractor’s work is in progress, each street shall always remain open to local traffic unless prior arrangements have been made and approved by the Contract Officer or designated representative and City’s Engineering Services Department.
vii. Violations of traffic control standards defined herein shall be subject to the penalties described in Section 4-3 “Liquidated Damages”.

M. Wildlife protection:
i. Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of nests or wildlife of any type.
ii. Contractor shall cease work in a tree if a nest is found and is determined to be active, unless given written permission by the Contract Officer or designated representative.
iii. At no time shall any nest or wildlife be moved from its location. iv. If wildlife is accidentally displaced and needs assistance, Contractor shall notify the Contract Officer.

N. Pre-inspection:
i. Prior to the commencement of any work in the vicinity of any tree, Contractor shall identify the location of utilities, irrigation components and/or any private property element(s) that could be compromised by any work activity. If identified, Contractor shall take appropriate action to protect same. ii. If, during pre-inspection, Contractor identifies damage to private property or City property that exists before the onset of work, Contractor shall digitally photodocument and report such damage to the Contract Officer prior to commencing work in that area. Digital photo documentation shall be time and date embedded.

Any claim of damage that cannot be refuted by photo-documentation and log of report to the Contract Officer shall be considered the responsibility of Contractor.

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O. Utility Operation: Contractor shall adjust work schedules when utility operations prevent maintenance during a specified time frame. No additional compensation shall be allowed for complying with these requirements.

P. Work in the vicinity of aerial utilities: All persons performing tree work on City trees in, or around primary electrical lines shall be trained to do so according to the “Electrical Safety Orders” of the State of California, including all amendments and revisions.

Q. Setup, Operations, Equipment Staging:
i. Contractor shall setup, operate and stage in a manner that presents the least amount of disruption to residents, businesses, the public, and traffic flow. ii. Outside of an emergency, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. iii. Equipment shall never be stored or left unattended on a public street, City facility or private property.
iv. The staging of equipment shall be bound by the work hour restrictions defined herein.

R. Identification and reporting of hazards: While performing work of any type, the tree worker should inspect for any obvious hazards related to trees. All hazardous situations should be corrected or promptly reported to City. Any defective or weakened trees shall be reported to the Contract Officer or designated representative.

S. Work Site Conditions: The work area shall be always kept safe until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose a hazard to the public.

T. Access to Private Property: No employee of Contractor shall enter a fenced or otherwise secured area of private property without the consent of the property owner.

U. Site Cleanup:
i. Contractor shall remove branches, limbs, logs, or any other debris resulting from any tree operations and clean the work site and all areas associated with the work site promptly upon completion of each task.
ii. Contractor shall endeavor to prevent spillage on streets over which work, or hauling is done, and any such spillage or debris deposited on street due to Contractor operations shall be immediately cleaned up.
iii. During trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated.
iv. Contractor shall cease work immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). v. Rights of way shall not be used to stage unattended debris generated during regular work hours.
vi. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches.
vii. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations.

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viii. No material is to be allowed to enter any storm drain. ix. Debris staged in parkway(s) due to a nighttime emergency response shall be clearly coned off and emergency taped off and shall be cleaned up in conformance with these specifications prior to 10:00 am the first business day after the emergency call out occurred.
x. If the volume of debris from a nighttime emergency exceeds the storage capacity of the parkway(s), Contractor shall make arrangements to remove the debris immediately.
xi. Debris shall not be stored unattended in any portion of a traffic lane at night. xii. All debris generated by Contractor in the performance of work shall become the property of Contractor after the time of site clean-up. Contractor shall dispose of all generated debris at no additional cost to City and shall dispose of debris as is consistent with the requirements of AB 939.
xiii. Failure to comply with site cleanup requirements shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”.

V. Green Waste Disposal:
i. Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, woodchips, and other garden organic materials.
ii. Contractor shall be responsible for recycling all green waste generated from their contract performance.
iii. Contractor shall have the duty to keep all green waste from being contaminated to an extent it no longer can be recycled.
iv. Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of recycling. Approved reclamation sites are:

V.iv.1 California Valley Compost Facility – 87011 Landfill Road, Coachella V.iv.2 So Cal Recycling – 29250 Rio Del Sol, Thousand Palms v. Contractor shall submit a monthly report identifying the weight and/or volume of green waste recycled during the preceding month. Payment of maintenance invoice will not be made until green waste monthly report is completed and received by the City.
vi. All debris resulting from any of the Contractor’s operations shall be removed and disposed of legally at the Contractor’s expense. No debris will be allowed to remain at the end of the workday. (Failure to remove and dispose of debris shall result in a liquidated damages charge in accordance with Section 4-3.) vii. All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations. (Failure to separate and dispose of debris appropriately shall result in a liquidated damages charge in accordance with Section 4-3.)
W. Protecting the integrity and value of the urban forest. If, at any time, Contractor is unclear on what course of action to follow in the field, Contractor shall consult with the Contract Officer. Contractor shall never take an action that will result in the permanent disfigurement of structures or trees. Disfigurement of trees/structures shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages”.

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X. Working Hours: Contractor’s regular work hours shall be limited to the hours between 7:00AM and 4:00 PM Monday through Friday, excluding recognized holidays. Deviation from regular work hours in Normal Work Zones, shall not be allowed without prior written consent of the Contract Officer. Night work may be authorized for services provided along major arterial streets and/or within the City’s Downtown/Uptown Business District, upon approval of the Contract Officer.

Y. Night Work:
i. When working at night Contractor shall provide adequate lighting which allows for safe and proper performance of work, as well as inspection of same. ii. While working at night, Contractor shall minimize the impact of noise upon neighbors.
iii. Contractor shall not use chainsaws for work performed at night unless it is an emergency.

Z. Contractor’s Equipment:
i. All equipment used and all maintenance practices employed shall be subject to the inspection of the Contract Officer or designated representative and shall meet safety and functional requirements. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be in good repair and show no sign of fraying. No equipment shall present any potential danger to the operator, coworkers, passing motorists or pedestrians. Failure to comply with this provision shall be caused to have the equipment removed from the job site. ii. Contractor shall maintain a sufficient inventory of equipment to complete work as specified. An inventory of Contractor’s equipment shall be provided to the Contract Officer. This inventory shall include the brand name, model number, weight, and capacities of all equipment to be used in the performance of the Agreement. All equipment shall be approved by City prior to commencement of services.
iii. Contractor shall notify the Contract Officer or designated representative of any change in the equipment inventory during the performance of the Agreement.

This notification shall be in the form of an updated equipment inventory list, presented in the form of a memorandum on dated company letterhead. When provided and approved by the City, it shall be made a part of this Agreement as if fully set forth herein and shall replace the previous inventory list. Failure to comply with this provision will be grounds to remove Contractor from the job site until such time as equipment inventory discrepancies are addressed to be compliant with the inventory list approved by City.
iv. Contractor shall not park or store equipment or materials overnight at any City work site.
v. All Contractor vehicles and equipment operating under this Agreement shall be clearly marked with Contractor’s identification.
vi. Contractor shall make annual submissions of current OSHA certification of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of the Agreement.

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AA. Authority and Inspections: The Contract Officer’s authorized representatives shall always have access to the work site and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and character of materials used in the work. Whenever Contractor varies the period during which work is carried out, Contractor shall give due notice to the Contract Officer so that property access for inspection may be provided. Contractor shall comply with any instructions given by the Contract Officer upon inspection of the work.

BB. Inspection of work: City’s staff shall inspect work during the performance of work or when deemed necessary. Any work found not to be acceptable will be noted in writing and shall be subject to the penalty provisions and schedule set forth in Section 4-3 “Liquidated Damages”.

CC. Work Deficiencies:
i. City shall notify Contractor in writing of any deficiencies in work. Contractor shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period not to exceed three (3) days from notification. After this time period, if unacceptable conditions still exist, City has the right to terminate the Agreement or deduct payment as is proportionately appropriate for noncompliance with the specified provisions of the Agreement. ii. All work which City determines is defective or deficient shall be removed and replaced by Contractor in a manner acceptable to City at Contractor’s own expense.
iii. If any portion of the work performed under the Agreement proves defective or not in accordance with the specifications, and the deficiency, as determined by City, does not make the work dangerous or undesirable, the Contract Officer shall have the right and authority to retain the work, but may make deductions in the payment due Contractor as is proportionately appropriate for the deficiency. iv. Contractor’s quality of work for all trimming of trees shall be such that if a tree has been trimmed within the last 24 months, and there is an issue such as limb drop, dead branches, etc., Contractor will respond as directed by the City’s designated representative (whether emergency or standard response) at Contractor’s own expense.

DD. Risk Management:
i. Tree work is a controlled task. At no time shall Contractor perform work in a manner so as to result in a loss of control incident (e.g. free-falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). ii. Failure to maintain such controls shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages”. In addition to such penalties, Contractor shall be responsible for the mitigation of any damage related to a loss of control incident at Contractor’s sole cost and expense.

EE. Accidents, Injuries:
i. Contractor shall conduct all work outlined in the Scope of Services in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all City County, State or other Item 1S - Page 23
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legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all persons, including Contractor employees, agents of City, vendors, members of the public or others from injury or damage to their property. ii. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property including a complete written report to the Contract Officer within 24 hours following the incident.

FF. Property Damage:
i. Should any structure or property be damaged during tree operations, Contractor shall immediately notify City and owners or authorities. ii. Repairs to property damaged by Contractor shall be made within forty-eight (48) hours.
iii. In the event of damage to utility lines, Contractor shall report the damages to utility and plan for the utility to make repairs.
iv. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by City.
v. Any damage caused by Contractor shall be repaired or restored at Contractor’s expense to a condition similar or equal to that existing before such damage, or Contractor shall repair such damage in a manner acceptable to the Contract Officer.
vi. Contractor shall repair any damage as directed by City that Contractor incurs to sprinkler systems in City parkways within 24 hours to minimize damage to affected landscaped areas.
vii. Contractor shall notify the Contract Officer immediately of any utility that is disturbed or damaged.

GG. Insecticides, Herbicides, Fungicides: At no time shall Contractor use, store or transport any insecticide, herbicide, or fungicide in the City without the prior written consent of the Contract Officer. Violation of this chemical use policy will be subject to penalties as described in Section 4-3 “Liquidated Damages,” and can result in the termination of the Agreement.

HH. Gasoline Powered Blowers: The use of gasoline powered blowers (handheld, backpack) is always prohibited within City. Violation of this policy shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages”.

1.2 Tree Inventory System:

1. Overview
A. The Contractor is responsible for providing a web-based system tree inventory system for the City to maintain an accurate tree inventory. The system should include field data collection, data entry, access to the web application, optional import of existing Excel-based inventory, training of City employees on the use of the application, and support.

B. The Contractor, at the city's direction, will provide the city with a tree inventory collected by an ISA certified arborist using a Global Positioning System (GPS). The Item 1S - Page 24
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inventory will include coordinates for all trees in public spaces, such as City-owned and/or maintained properties, parks, rights-of-way, assessment districts, and facilities. The tree inventory will map the next 3 to 5 years of maintenance and planting for the city. The inventory will also link address information directly to a Geographical Information System (GIS). The collector will identify trees by their global coordinates of longitude and latitude. By using the GPS system, the city can consolidate the tree data with other various GPS coded programs. Upon completion of the project, the city will receive a complete listing of all inventoried sites in both hard copy and software formats, enabling them to connect the inventory to the city's GIS program and create various reports.

C. Tree inventory program must include a mobile version of the application for field use.

All data must reflect live data as it exists in the tree inventory program. The functionality of the mobile application includes the following minimum requirements:

1. Mobile application must be compatible with Android and IOS systems

2. Mobile application must be usable for precision mobility view as user moves through canopied areas.

3. Mobile application must include multiple layering feature including aerial imagery and street names.

4. Mobile application must display tree icons based on precise GPS coordinates.

5. Mobile application must be able to illustrate live work history records.

6. Mobile application must allow a function that permits live data updates.

7. Mobile application must be updated as new work records are modified.

D. The GPS tree inventory shall be created using the City’s standardized addressing system for all parks and open spaces. Contractor shall be required to create an ESRI ArcView/ArcGIS compatible “shape file”. The new inventory shall be capable of showing location of every existing tree site and vacancies on the City’s existing GIS base maps (streets, parcels, addresses, rights-of-way, and hardscape, etc.) the tree inventory shall be updated by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of Arc View.

Minimum accuracy shall not be more than one (1) submeter.

E. The system should maintain information about the tree population, including the species, height, diameter, work history, and planting location of each tree. In addition, the program should track the value of each tree to generate estimates of the monetary value of the urban forest, recycling reports, live job balance, and contractor equipment GPS location monitoring.

F. The Contractor is responsible for all aspects of the tree inventory system. This includes data entry, system maintenance, hardware and software upgrades, server cyber security, backup and restore and disaster recovery procedures as may be requested by the City.

G. The system needs to be able to interface with common software and web-based applications, such as ArcView/ArcGIS. Additionally, it should be capable of exporting data into popular spreadsheet applications.

H. The City will be provided with access credentials (login and password) to the system, which will be available 24/7 except during maintenance periods. The contractor shall provide complete support rapidly with experienced staff available to the City during Item 1S - Page 25
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the hours of 7:00AM to 3:30PM Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City’s location in a timely manner.

I. The Contractor's system must generate detailed reports sorted by tree to support invoice charges. This information must be included with every invoice and be available for review on the web-based tree inventory system prior to invoice submission. Invoices that do not meet these requirements will not be processed for payment until the requirements are met.

J. The Contractor's system must be able to produce detailed listings of tree and site information, work histories, service requests, summary reports, and pictures of City tree species.

K. The contractor shall provide the City with recommendations for tree care, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include Address, Street, Facility, Species, Diameter, Condition, Height, recommended tree care, overhead utilities and parkway size and type.

2. Required Data Collection
A. Data points (attributes) to be collected by field personnel may include, but not limited to:

1. Tree Number

2. Street

3. Location by Address

4. Location by GIS (ESRI ArcView/Arc GIS compatible “shape file”)

5. Species by botanical name and common name

6. Tree Diameter

7. Tree height

8. Tree Condition

9. Tree dollar value

10. Recommended tree care

11. Existing overhead utilities

12. Parkway Size

13. Parkway Type
B. Records must include:

1. Tree Location:
a) The inventory shall be capable of showing the location of every existing tree site and vacant tree site on the City’s existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.). b) The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the Item 1S - Page 26
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latest version of ArcView. The location shall be stated within one (1) foot minimum accuracy.
c) Contractor shall indicate whether such tree is located within designated historic district or is a Specimen or Heritage Tree.
d) Contractor shall update the tree inventory daily, as conditions require (e.g., tree removed, tree planted, etc.). The City shall always have access to updated data.

2. Measurement of Canopy Spread:
a) As a part of the data collection process, Contractor shall measure the canopy spread of each tree using either a laser rangefinder or a Roll-aTape, to the nearest foot, using a pre-established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City.

3. Other Metrics:
a) General condition of individual trees.
b) Trimming requirements (i.e., recommended trimming cycle) c) Condition of surrounding hardscape (i.e. displacement, recent repairs) d) Changes in baseline data (such as height and DBH), and record the date, cost, and crew identity for any trimming, removal, planting, or emergency response work performed at any tree site.
e) The system must be able to maintain and display the work histories of all tree sites in the inventory, both individually and collectively through queries, for both past and future events.
f) As unit pricing for this contract is on based on diameter-breast-height (DBH) of the tree trunk, Contractor shall provide photo documentation of each tree that is pruned or removed, showing the measurement of diameter breast height of the tree trunk prior to its pruning or removal (in the context of the worker standing next to the tree), confirming the unit price for the invoice payment for such work.

3. Pruning Specifications: The following Section contains descriptions and technical specifications for the detailed services and materials which will be necessary to provide services under this Agreement. The following specifications shall be adhered to regardless of tree being serviced and/or the type of service being performed including, but not limited to, tree pruning, tree removal, stump grinding, tree planting, tree watering, repairs or record keeping related to any tree activity.

1. Hardwood Trees. The criterion for pruning varies based on the type or purpose of pruning.
a) Full Prune: A full prune is necessary when conditions within the crown of a hardwood tree are such that the entire tree needs to be pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure and includes safety pruning. Full pruning should consist of one or more of the following pruning types:

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b) Crown Cleaning, or cleaning out, is the process of removing dead, diseased, crowded, weakly attached, and low-vigor branches, as well as water sprouts from the entirety of the tree crown. Care must be taken to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing," disrupts the structural integrity of the tree, making it more susceptible to limb and branch failure, especially during high winds.
c) Crown Thinning is a tree maintenance technique that involves crown cleaning and the selective removal of branches. Its purpose is to increase light penetration and air movement into and through the crown, which stimulates and maintains interior foliage, improves branch taper and strength, and reduces the wind-sail effect of the crown and the weight of heavy limbs. However, care must be taken to avoid stripping branches of all foliage at the interior of the tree crown.

Thinning the crown can emphasize the structural beauty of trunk and branches, as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, no more than one-fourth of the live foliage should be removed. d) Crown Reduction is a technique used to decrease the height and/or spread of a tree. Unlike topping, which involves indiscriminate cutting resulting in large, stubbed-off limbs that are prone to decay, crown reduction is more selective. When reducing a crown, tree workers must follow basic pruning practices, including proper limb/branch size relationships and use of the branch bark collar, to avoid decay at the cut sites.
e) Crown Restoration is a corrective pruning technique used to restore the form of crowns that have been previously damaged by storms or poor pruning practices. This treatment is best performed by tree workers who have a good understanding of the effects of pruning on the development of tree crowns.
f) Crown Raising/Safety Prune: A Crown Raising or Safety Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or safety prune does not involve the detail of work found in a full prune. Crown raising or safety pruning may consist of one or more of the following pruning types:
g) Crown Raising involves removing the lower branches of a tree to provide clearance for buildings, vehicles, and pedestrians. To ensure a well-formed, tapered structure and to uniformly distribute stress within the tree, it's important that at least half of its foliage be on branches originating in the lower two-thirds of its crown.

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h) Safety Pruning is used to eliminate potentially hazardous limbs (dead or dying) from the crown of a hardwood tree when a full pruning of the tree is not necessary. Safety pruning does not involve the detailed work described as a "full prune".

2. Specifications for hardwood tree pruning: the specifications for the pruning of hardwood trees are as follows. Consult with the Contract Officer before making any cut that would result in permanent disfigurement of the structure of a tree.
a) Trees shall be pruned to prevent branch and foliage interference with safe public passage. Over-street clearance shall be kept to a minimum of seventeen (17) feet above the paved surface of the street and fourteen (14) feet above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, Contractor shall not prune the tree until such time as direction is obtained from the Contract Officer.
b) When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured.
c) When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. d) Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut.

The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be penalized as described in Section 4-3 “Liquidated Damages”.
e) All final tree pruning cuts shall be made in such a manner to favor the earliest possible covering of the wound by natural callus growth.

Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed.
f) All dead and dying branches and branch stubs that are one-half (1/2) inch diameter or larger shall be removed.
g) All broken or loose branches shall be removed.

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h) Those branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed. i) When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb to reduce end weight and thus decrease the likelihood of limb failure.
j) Selectively prune branches that create sight line conflicts with traffic control signs and/or devices.
k) Selectively prune branches that are within five (5) feet of a structure. l) Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. m) Prune to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the Contract Officer to do otherwise.
n) Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees.
o) Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property.
p) All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree.
q) All major pest problems shall be promptly reported to City. r) All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un-abrasive wood surface and secure bark remaining intact.
s) All trees six (6) inches in diameter or less shall be pruned with hand tools only.
t) Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease/decay problems.
u) Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible.

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v) The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by City to aid in the safety of climbers performing the removal of a tree.
w) Gas powered chainsaws shall only be used for emergency situations; pruning cuts over 4” in diameter and tree removals unless permission is granted, in writing, by the Contract Officer.

C. General trimming and shaping of conifers:

1. Conifers shall typically be trimmed in late winter or early spring.

Typically, up to 30% of the live foliage may be removed unless directed otherwise by the City’s designated representative.

2. Contractor shall avoid damaging the central leader on all conifers. In specific cases the City’s designated representative may direct the Contractor to remove the central leader in an effort to limit the height of specific trees.

3. At the time of trimming, the City’s designated representative shall determine which trees shall have the new growth pinched back to control canopy size.

4. To control the growth of large, mature conifers Contractor shall be required to prune the new growth of lateral limbs.

5. Typical trimming of conifers shall consist of removing crossed limbs, deadwood, or unwanted branches from the interior of the canopy.

D. Trimming Specifications for Palm Trees: Palm tree trimming involves maintaining the crowns and trunks of palm trees. This includes trimming spent or declining fronds, seed pods, and shaping spent petiole bases into a ball or nut, as applicable to the type of palm. The specifications for trimming palm trees are as follows:

A. While making an approach to the palm crown for trimming, the Contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality.

Upon finding any condition suggestive of a structural abnormality of the palm stem, the Contractor shall report to the City’s designated representative immediately.

B. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree. At no time shall a chainsaw be used to prune any frond from any palm tree.

The use of chainsaws to prune any frond from any palm tree will result in the penalties described in Section 4-3 “Liquidated Damages”. Live, Item 1S - Page 31
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healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball or nut, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond trimming.

C. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any palm tree in City. Failure to adhere to this standard will result in the penalties described in Section 4-3 “Liquidated Damages”.

Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with, can cause staining to, hardscape elements. Contractor shall be responsible for removing palm fruit related stains from property hardscape elements. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows:

1. Canary Island Date Palm (Phoenix canariensis): The spent petiole bases of this palm shall be formed into an ornamental ball that provides a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance, extending no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown.

Ornamental balls with flattened or "stop sign" sides will not be accepted.

The upper portion of the ornamental ball shall not taper in, as this defeats the support capacity of the ball and results in a “pineapple” appearance. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and gradually taper upwards until it reaches the periphery of the shaped ornamental ball. Although chainsaws are forbidden for pruning fronds, fruit, and flowers from any palm tree in the City, Contractors may use a chainsaw to form and/or shape the ornamental ball of a Canary Island Date Palm. The use of sharpened shovels in shaping and maintaining ornamental balls often results in flat, untapered bottoms, which can relax and collapse into pedestrian and vehicular traffic zones with grave consequences.

Contractors must exercise care not to cut into live trunk tissue while maintaining the ornamental ball. Any foreign plant material that has sprouted in an ornamental ball must be removed. Contractors must verify that the ornamental ball meets the standards described herein each time a Canary Island Date Palm is pruned.

2. Date Palm (Phoenix dactylifera): The spent petiole bases are left to form a supportive "nut" below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the nut does not require ornate shaping. Instead, the spent petiole bases are left uniformly long to form the nut, which should extend no less than 4 and no more than 6 feet below the lowest live frond in the crown. While the use of chainsaws for pruning fronds, fruit, and flowers Item 1S - Page 32
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from any palm tree in the City is forbidden, the Contractor may use a chainsaw to shape and/or form the nut of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The Contractor should take care not to cut into live trunk tissue while maintaining the nut. The Contractor should verify that the nut meets the standard described herein each time a Date Palm Island Date Palm is pruned.

3. Queen Palm (Syagrus romanzoffianum): When servicing the crown of a Queen Palm, remove loose petiole bases. However, leave undamaged any petiole bases that are attached to live trunk tissue.

4. King Palm (Archontophoenix cunninghamiana): when servicing the crown of a King Palm, remove any loose petiole bases. However, leave intact any petiole bases that are attached to live trunk tissue.

5. Mexican Fan Palm (Washingtonia robusta): the spent petiole bases should be left uniformly long to form a base that shall not extend more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall clean the trunk area below the base without damaging the live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is trimmed.

6. California Fan Palm (Washingtonia filifera) shall not have fronds removed and shall retain their "skirts", with their trunks left in their natural condition. Fronds should be sheared to provide a minimum clearance of 12 inches, and fronds at the bottom of the skirt should be sheared to maintain a clean appearance. Fruit pods should be removed.

4. Tree Removal: Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system by grinding.

Specifications for tree removal are as follows:
a) Contractor shall comply with all general specifications’ standards described herein.
b) The diameter price given by Contractor for tree removals shall be inclusive of all staff, materials, and equipment necessary to remove trees as described herein.
c) As stated previously herein, Contractor shall identify the location of all utilities and landscape irrigation components prior to the removal of a tree and its root system. Contractor shall notify the Contract Officer or designated representative, in writing, of any condition that prevents the removal of a tree and/or the grinding of its root system. Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins.

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d) Contractor shall comply with wildlife protection standards described in these specifications.
e) Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the Contract Officer for assistance. The errant removal of trees shall be penalized as is described in Section 4-3 “Liquidated Damages”.
f) During a tree removal, Contractor shall always maintain control of the tree and its parts, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Loss of control incidents shall be penalized as is described in Section 4-3 “Liquidated Damages”.
g) Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in City. Crane operators shall be certified by Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in City. The use of cranes and certified operators shall not result in additional charges to City and is part of the unit price set forth in the Bid Schedule for the specific service.
h) While loading and handling debris, Contractor shall always maintain control so as not to result in damage to the public rights or way or private property. In addition, Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property.
i) Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chip shall not be used as a backfill material.
j) Clean up after a tree removal and/or stump grinding shall include the repair of any barren areas or divots created during the tree removal by filling with topsoil and seeding with a fescue turfgrass seed. Seed shall be covered by a one quarter (1/4) inch topdressing of well decomposed organic fines. This is part of the unit price provided for the service and no additional compensation is provided. k) Contractor shall be responsible for the repair of any irrigation system components damaged during a tree removal or stump grinding.

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Repairs shall be made using components matching those that were damaged.
l) Contractor shall inspect for, and correct, any settling that has occurred at any tree removal site for a period of no less than six (6) months after the tree removal/stump grinding has been completed.

Correction is defined to include the restoration of a smooth and even grade to the parkway and the seeding and topdressing of barren areas related to the tree removal site as specified previously herein.

5. Tree Planting: Tree planting consists of the installation of nursery stock container or palm trees supplied by Contractor. Specifications for tree planting are as follows:
a) Contractor shall comply with all general specifications’ standards described herein.
b) Contractor shall identify the location of all utilities and landscape irrigation components prior to the planting of any tree. Contractor shall assume full responsibility for any damage that occurs during the planting of any tree.

Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being planted. Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees.
c) Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected.
d) Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting the Contract Officer for assistance. In excavating planting pits, Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be compacted sufficiently so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, Contractor shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted.
e) All nursery containers and box sides shall be removed from tree root balls prior to planting. Contractor shall not install trees with box bottoms left on.

All container debris (e.g., strapping, box fragments, nails) shall be removed from the planting pit prior to backfilling.
f) Contractor shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e., park site), Contractor shall install the tree or Item 1S - Page 35
Revised 4.13.23 Page 33 of 44
palm so that the top of root ball is two (2) inches above surrounding grade.

Contractor shall not resort to cutting or trimming the root ball as a means of meeting grade standards.
g) Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines. h) Contractor shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand.
i) While backfilling, Contractor shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill.

Once the water has drained, Contractor shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree.
j) Contractor shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using Century Universal Tree Ties (or City approved equivalent) installed as per manufacturer's specifications.
k) Upon completion of the planting of a tree, Contractor shall seed and topdress any barren areas within ten (10) feet of the center of the trunk of the tree. The seed shall be a tall fescue turfgrass type applied at a rate of one (1) pound per one hundred (100) square feet. The seed shall be topdressed with well-decomposed organic fines, spread evenly with a topdressing roller, at a depth of one eighth (.125) inch. Use of manure, native soil or chip topdressings shall not be allowed. This is part of the unit price for the service and no additional compensation is provided. l) Contractor shall not use hoses, equipment or water from private properties while installing or watering-in parkway trees.
m) Tree planting includes watering as necessary for tree establishment, by the Contractor, for ninety (90) calendar days.

Item 1S - Page 36
Revised 4.13.23 Page 34 of 44

6. Tree Watering: Tree watering consists of the irrigation of young trees which have been installed by Contractor and the irrigation of other trees as directed by City. The specifications for tree planting are as follows:
a) Contractor shall comply with all general specifications’ standards described herein.
b) As stated previously herein, Contractor shall identify the location of all utilities and landscape irrigation components prior to the planting of any tree. Contractor shall take all responsibility for any damage that occurs during the planting of any tree.
c) Contractor shall not use hoses, equipment, or water from private properties when watering parkway trees.
d) While performing tree watering, Contractor shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein.
e) Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated.
f) Contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by Contractor.

7. Tree Replacement:
a) Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor’s faulty maintenance or negligence, as determined by the City.
b) Replacement shall be made by the worksite Contractor with the kind and size determined by the City.
c) Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contractor’s payment.
d) In all cases the value of the trees lost will be determined by the City, using the latest American Shade Tree Conference guidelines for value determination.
e) Downed trees, due to any cause, shall be removed and the stump ground and re-filled the same day of identification or notification in accordance with the contract specifications.

Item 1S - Page 37
Revised 4.13.23 Page 35 of 44
f) Trees lost from causes other than the Contractor’s negligence shall be replaced by the Contractor as directed by the City’s representative and will be paid for per the time and materials percent markup.

8. Crew Rental
a) The standard crew is three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate.

9. Emergency Response
a) The Contractor shall be required to provide emergency on call response for damaged trees because of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.
b) Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the contract, those changes shall be submitted to the City within two (2) working days.
c) Contractor shall be required to provide all necessary traffic control during emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.
d) Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.

10. Consultant Arborist
a) Contractor will provide the service of a consultant arborist. When requested, the consultant arborist will perform tree health assessment which should include 360-degree, ground-based visual inspections of the tree crown, trunk, trunk flare, above ground roots and branch and stem defects, drilling evaluation of target risk increment, boring, probing, sounding, sub-surface root and soil assessment and site conditions around the tree in relation to targets.

1.3 Liquidated Damages
Contractor and City agree that if completion of certain services to be provided by Contractor under this Agreement specified below are delayed, not performed or performed in a manner outside of specifications, a penalty as described herein will be assessed each day that the Item 1S - Page 38
Revised 4.13.23 Page 36 of 44
service is not properly performed or not provided as required under the Agreement. This is in addition to City’s other remedies allowed by law, including the contractual requirement that the condition be remedied. The following penalties shall be assessed for the circumstances described:

Worker without proper uniform and/or safety apparel,
vehicle without proper signage $100.00 per occurrence
Failure to properly notice prior to the commencement
of non-emergency work $100.00 per occurrence
Use of gasoline powered handheld or backpack
blower $100.00 per occurrence
Debris or trash left in area that has been vacated by
workers $100.00 per occurrence
Postings left in place after work has been completed
and area vacated by workers $100.00 per occurrence
Staging debris in traffic lane(s) for more than one (1) hour after generation of same debris/unattended
debris
$100.00 per occurrence
Failure to post warning signage when operating
equipment in pedestrian/vehicular traffic area,
violation of traffic control standards, lack of required flag person(s)
$200.00 per occurrence
Disposal of debris at unauthorized sites (e.g.
residential trash receptacles, commercial trash
dumpsters, park site waste containers)
$500.00 per occurrence
Pruning in a manner that leaves tissue tears on
remaining limbs $500.00 per tree
Equipment leaking fluids $500.00 per occurrence + cost to mitigate damage
Disfigurement/errant removal of CITY tree $500.00 per occurrence + cost to mitigate value of loss in
accordance with “Council of Tree
and Landscape Appraisers,
Guide for Plant Appraisal, latest
edition.

Failure to respond to emergency or after-hours tree
service requests within one (1) hour $500.00 per occurrence Unauthorized use, transport and/or storage of any
chemical insecticide, herbicide, fungicide product in
the City of Palm Springs
$1,000.00 per occurrence +
possible contract termination
Loss of control incident $1,000.00 per occurrence + cost to mitigate damage + possible
contract termination
Item 1S - Page 39
Revised 4.13.23 Page 37 of 44

1.4 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. Bureaus of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.5 Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

1.6 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) 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 with receipts required with allowable markup as outline in the contract. 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 equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct 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. All invoices are to be sent as one document, per month to: [email protected].

Item 1S - Page 40
Revised 4.13.23 Page 38 of 44
Item 1S - Page 41
ATTACHMENT G - REVISED PER ADDENDUM NO. 1

BID FORM
INVITATION FOR BIDS (IFB 23-29)

CITYWIDE TREE TRIMMING SERVICES
Responding to this IFB for Citywide Tree Trimming Services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
1 Full Prune· 0-6" DBH EA 1 500 $50.00 $75 000.00
2 Full Prune; 7-12" DBH EA 2,100 $90.00 $189 000.00
3 Full Prune; 13-18" DBH EA 1,950 $135.00 $263 250 .00
4 Full Prune; 18-24" DBH EA 900 $170.00 $153 000.00
5 Full Prune; >24" DBH EA 1,200 $210 .00 $252 000.00

6. Crown Raisinn· 0-6" DBH EA 300 $45.00 $13 500.00

7. Crown Raisinn· 7-12" DBH EA 450 ""5.00 't20250.00

8. Crown Raisinn· 13-18" DBH EA 450 <LIS.DO $20 250.00

9. Crown Raisino; 18-24" DBH EA 150 $55.00 $8250 .00

10. Crown Raisinn; >24" DBH EA 300 $55.00 $16 500.00

11. Palm Tree Trimming (Filfera) (Pod
Removal and Frond "Trim"\ EA 3,900 $69.00 $269,100.00

12. Palm Tree T rimn~ng (Robusta) EA /Pod and Frond Removal\ 6,600 $69.00 $455,400.00

13. Complete Tree & Stump Removal DBH 1.,,.. DBH\
14,400 $33.00 $475,200.00

14. Furnish and Plant Tree (24" Box
Snecimen) EA 150 $420.00 $63,000.00

15. Furnish and Plant Tree (36" Box EA 150 $800.00 $120 ,000.00 S=cimen\

16. Furnish and Plant Tree (48" Box EA 150 $1,800 .00 $270,000.00 S=cimen\

17. Furnish and Plant Palm Tree (6'-12 EA 150 $975.00 $146,250 .00 BTH\

18. Furnish and Plant Palm Tree (12'-
18' BTH\ EA 150 $1,500 .00 $225,000.00

19. Furnish and Plant Palm Tree (>18' EA 150 $1,900 .00 $285,000.00 BTH\

20. Fully Equipped 3-person crew with Hourly 360 $324.00 $116,640.00 aerial unit dumo truck and chin= Revised 4.13.23 Page 39 of 44
Item 1S - Page 42
IM-F, nonnal business hours I
Fully Equipped 3-person crew with

21. aerial unit, dump truck and chipper Hourly 60 $420.00 $25,200 .00 (Emergency Call Out, weekerxls, holidavs, niqht work)

22. GPS Inventory Lump
Sum 1 $50,000 .00 $50,000 .00

23. Hourly Rate for additional work as Hourly
needed
15,750 $45.00 $708,750.00

24. Parts and Materials % mark-up %
(Enter the percent in the unit price
column as a decimal figure:
75,000 $1.04 $78,000 .00
Example, for a 5% markup, enter

1.051
TOTAL $4,298,540.00
Certified by: Patrick Mahoney, President
Fim1 Name: West Coast Arborists, Inc.

Printed Name: Patrick Mahoney
Trtle: President
Date: 05/19123
Revised 4.13.23 Page 40 of 44
EXHIBIT “B”

INSURANCE

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

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

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

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, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1S - Page 44
Revised 4.13.23 Page 42 of 44
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item 1S - Page 45
Revised 4.13.23 Page 43 of 44
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

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

Item 1S - Page 46
Revised 4.13.23 Page 44 of 44
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1S - Page 47

ATTACHMENT B
Item 1S - Page 48

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  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 [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Item 1S - Page 49

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date Item 1S - Page 50

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

APPROVE AGREEMENT NO. 23B127 WITH VANCE CORPORATION FOR ROAD REPAIRS – GENE AUTRY TRAIL WASH AND INDIAN CANYON WASH
RECOMMENDATION:

Approve Construction Contract Agreement No. 23B127 with Vance Corporation, to provide road repairs at Gene Autry Trail Wash and Indian Canyon Wash for an amount not to exceed $256,496.50.

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

Attachments
Item 1T

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT NO. 23B127 WITH VANCE CORPORATION

FOR ROAD REPAIRS AT GENE AUTRY TRAIL WASH AND INDIAN

CANYON WASH
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:

This action will approve a construction agreement with Vance Corporation, for road repairs at Gene Autry Trail Wash and Indian Canyon Wash in an amount not to exceed $256,496.50.

RECOMMENDATION:

1. Approve Construction Contract Agreement No. 23B127 (Attachment A) with Vance Corporation to provide road repairs at Gene Autry Trail Wash and Indian Canyon Wash for an amount not to exceed $256,496.50.

2. 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 May 25, 2023, Vance Corporation is registered in the State of California.

BACKGROUND:

During the January 10, 2023 rain storms, the Gene Autry Trail and Indian Canyon Drive washes flooded, causing erosion damage to approximately 765’ of roadway. The proposed road repairs will address 735’ of erosion damages on Gene Autry Trail, North of Via Escuela, and 30’ of roadway on Indian Canyon and the washes.

STAFF ANALYSIS:

An Invitation for Bids (IFB 23-24) was initiated by the City’s Procurement and Contracting Item 1T - Page 1
City Council Staff Report
June 29, 2023 -- Page 2
Award Road Repair Construction Contract
Department on May 1, 2023, based on Maintenance and Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In additions, the IFB was advertised in The Desert Sun. Four bids were received by the May 25, 2023, deadline as follows:

Vendor Bid
Vance Corporation $256,496.50
Tri-Star Contracting II, Inc. $314,445.20
Granite Construction Company $320.000.00
Jacobsson Engineering $374,022.00
Staff recommends approval of a Construction Contract Agreement 23B127 with Vance Corporation in the amount not to exceed $256,496.50.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301(c) “Existing Facilities,” Class 1 projects consist of operation, repair, and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; therefore, the Road Repairs of Gene Autry Trail Wash and Indian Canyon Wash is considered categorically exempt from CEQA, and a Notice of Exemption will be filed and recorded with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council Priority 2, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2023-24 in account 1333090-80000.

Item 1T - Page 2
City Council Staff Report
June 29, 2023 -- Page 3
Award Road Repair Construction Contract
REVIEWED BY:

Deputy Director of Maintenance and Facilities: Daniel Martinez Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Contract Services Agreement No. 23B127
B. Public Integrity Disclosure
Item 1T - Page 3

ATTACHMENT A
Item 1T - Page 4
Revised 4.13.23 Page 1 of 6
AGREEMENT 23B127

CONSTRUCTION CONTRACT
THIS AGREEMENT made this 1st day of July, 2023, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and VANCE CORPORATION, a California corporation, hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

ROAD REPAIRS – GENE AUTRY TRAIL WASH & INDIAN CANYON WASH The Work comprises of road repairs at Gene Autry Trail Wash and Indian Canyon Wash.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time.

Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

Item 1T - Page 5
Revised 4.13.23 Page 2 of 6
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is TWO HUNDRED FIFTY-SIX THOUSAND FOUR HUNDRED NINTY-SIX AND 50/100 DOLLARS ($256,496.50).

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, NonDiscrimination Certification, Non-Collusion Declaration, Bidder's General Information, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Invitation for Bids, Standard Specifications, Special Provisions, Addendum number 1, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be Item 1T - Page 6
Revised 4.13.23 Page 3 of 6
processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.

ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any 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 consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-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, Item 1T - Page 7
Revised 4.13.23 Page 4 of 6
religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). 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 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 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.

ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

SIGNATURES ON NEXT PAGE
Item 1T - Page 8
Revised 4.13.23 Page 5 of 6

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND VANCE CORPORATION
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: ______________ 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 1T - Page 9
Revised 4.13.23 Page 6 of 6
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1T - Page 10

ATTACHMENT B
Item 1T - Page 11
Item 1T - Page 12

1. 2.

3. 4 .

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Vance Corporation
Address of Entity (Principal Place of Business)
459 Egan Ave, Beaumont, CA 92223
Local or California Address (if different than #2)
NIA
State where Entity is Registered with Secretary of State CA
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
1K] 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
Derek Ritarita [] Officer D Director D Member D
Manager
[name] D General Partner D Limited Partner
President
• Other
Robert Erautl ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
V.P • Other
Chris Peacock Ii] Officer D Director D Member D Manager Item 1T - Page 13
[name] 0 General Partner O Limited Partner
• Other
Secretaa

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 beneficial interest in entity and name of entity]
A.
[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 beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date President

CITY COUNCIL STAFF REPORT
06/29/2023
SUBJECT:

APPROVE A PURCHASE ORDER FOR BERG & ASSOCIATES IN THE AMOUNT OF $198,973.24 FOR THE WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS, CITY PROJECT 21-05.

RECOMMENDATION:

Authorize the City Manager to approve a purchase order in an amount not to exceed $198,973.24 with Berg & Associates, an ‘on-call’ firm, for construction management and inspection services for the WWTP Sludge Drying Beds, City Project 21-05.

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

2. Attachments
Item 1U

CITY COUNCIL STAFF REPORT
DATE: JUNE 29, 2023 CONSENT CALENDAR
SUBJECT: APPROVE A PURCHASE ORDER FOR BERG & ASSOCIATES IN THE AMOUNT OF $198,973.24 FOR THE WASTEWATER TREATMENT
PLANT (WWTP) SLUDGE DRYING BEDS, CITY PROJECT 21-05
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Award of this purchase order will allow the City to proceed with the replacement of the sludge drying beds at the Wastewater Treatment Plant.

RECOMMENDATION:

1. Authorize the City Manager to approve a purchase order in an amount not to exceed $198,973.24 with Berg & Associates, an ‘on-call’ firm, for construction management and inspection services for the WWTP Sludge Drying Beds, City Project 21-05 (“the Project”).

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure from Berg & Associates is included as Attachment A.

BACKGROUND:

On March 23, 2023, the City approved the plans, specifications, and engineer’s estimate for the Project and authorize Staff to advertise and solicit bids.

STAFF ANALYSIS:

Request for Proposals for CM Services
Staff issued a Request for Proposals (RFP) for Construction Management and Inspection services to their on-call CM firms. By requesting RFP’s periodically, the City positions Item 1U - Page 1
City Council Staff Report
June 29, 2023 -- Page 2
Approve PO for Berg CP 21-05
itself to work with the most qualified firms at competitive pricing. The requested RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide construction management with inspection services to municipal government agencies similar to those required by the City.

On April 13, 2023, the RFP was published and made available to the City’s on-call CM firms through PlanetBidsTM. The City received one proposal from Berg & Associates.

Following a review of the proposal, Berg & Associates was selected. A complete copy of the firm’s proposal is available for review in the Engineering Services Department. Staff recommends that the City Council approve a purchase order with Berg & Associates.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the WWTP Sludge Drying Beds, City Project No. 21-05, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2A – Improve City Facilities – and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

FISCAL IMPACT:

Sufficient Wastewater Funds are available in the Project account for this purchase order with Berg & Associates for on-call construction management and inspection services.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Form – Berg & Associates.

Item 1U - Page 2
Attachment A
Item 1U - Page 3

Page 22 of 50 ends

Palm Springs City CouncilJune 29, 2023

Palm Springs City Council
June 29, 2023