Agenda packet — Palm Springs City Council, September 14, 2023 (part 4 of 7)

1.4 F amiliarity with Work. By executing this Agreement, Contractor warrants that it has carefully considere d h ow the Work should be performed and fully under stands the facilities, difficulties, and r estrictions atte nding performance of the Work under this Agreement.

2. T IME FOR COMPLETION
The time for comple tion o f the S ervices 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. Con tractor sh all be compens ated and reimbursed for the s ervices rendered under this Agreement in accordance wi th the schedule of fees set forth in E xhibit “ A”. The total amount of Compensation shall not exceed $168,000 for the full four-year term of the Agreement.

3.2 Method of Payment. In any month in w hich Contractor wishes to r eceive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoic e, no later than the first working day of s uch 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 tha t are approved by City and co nsistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In th e event any change or changes in t he Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any add itional fees. An amendment m ay be entered into:

A. T o provide f or 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 service s n ot included in th is Agreement or not customarily furnished in accordance with generally a ccepted practice in C ontractor’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.

4. PERFORMANCE SCHEDULE

4.1 Tim e 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.

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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) order s o f g overnmental authorities ( including, wit hout 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 q uarantine restrictions.

For p urposes of thi s section, “orders of gov ernmental authorities,” incl udes ordinances, emergency proclam ations and orders, rules to protect the public health, welf are and safety, and other actions of the City in its capacity as a muni cipal 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 fo r the peri od of t he enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Of ficer’s determination shall be final and conclusive upon the Parties to this Agreement. The C ontractor will not receive an adjus tment to the co ntract pr ice or any other compensatio n. Notwithstanding the f oregoing, 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 S ection 4.5 o f t his Agreement, this Agreement shall continue in full force and effect for a period of four years, commencing on September 18 , 2023, and ending on September 17, 2027 , unles s 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 per iod o f notice shall be s uch shorter t ime as may be determined by the City. Upon r eceipt of th e notice of term ination, Contractor shall immediately ce ase a ll Services excep t such as may be specifically a pproved by t he Contract Officer. Contractor shall b e entitled to c ompensation for all S ervices 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 cost s 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 da mages or compensation f or termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it dee ms n ecessary to correct Contractor's d eficiencies and charge the cost th ereof to Contractor, who sh all be liable for the ful l cost of th e City's corr ective action. Contractor may not terminate this Agreement except for cause, upon thir ty (30 ) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative o f Contractor. T he f ollowing princip al of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf wit h r espect to th e specified Services: Jacob Green , President/CEO. It is e xpressly underst ood that th e experience, knowledge, education, capability, and reputation of the foregoing pr incipal is a substantial inducement for City t o enter into this Agreement. T herefore, the foregoing principal shall be r esponsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervis e the Services under this Agreement. The foregoi ng principal may not be changed by Contractor without prior written approval of the Contract Officer.

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refer any decisions that must be made by C ity to the Contr act Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontract ing or Assi gnment. The exper ience, knowledge, educat ion, capability, and reputation of Contractor, its principal s, and employees, were a substant ial inducement for C ity to enter into this Agreement .

Contractor sh all not contract with a ny other individual or entity to perf orm any S ervices required under this Agreement without the City's express wr itten approval. In addition, neither this Agreement nor any interest may be assigned or transferred, vo luntarily or by operation of law, witho ut the prior wr itten approval of City . Subcontracts, if a ny, shall contain a provisions maki ng them subject to al l p rovisions sti pulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permit ted to subcontract a ny part of this A greement by City, Co ntractor 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 conta ined in this A greement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any o f its employees shall have any control over the m anner, 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 a s are consistent with t hat role; however, C ity 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 it s agents or employees are agents or employees o f City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with th eir performance under this A greement and as required by l aw.

Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limite d to: so cial security taxes, income tax with holding, 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 i n this Agreement. Contractor shall not alter th e assignment of t he following personnel without the prior written a pproval of th e Cont ract Officer. Acting throu gh t he City M anager, the City s hall have the unrestricted r ight to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

N ame: T itle:

Greg Devereaux, JD Project Manager/Lead Recruiter

5.6 California Labor Code Requirements.

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Prevailing Wage Laws. It sha ll be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provi sions, 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. I f the Services a re being performed as part of an applicable “ public w orks” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demol ition, i nstallation, or repai r, then pursuant to Labor C ode Sect ions 1725.5 and 1771.1, the Contractor and al l subcontractors performing such S ervices mus t be registered with the Department of Industrial Relations. Contractor shall maintain registration for the d uration of t he Project and require the same of a ny subcontractors, as applicable. This Agreement may also be subject to compliance m onitoring and e nforcement by the Department of Indus trial Relations. It shall be Contractor’s sole r esponsibility to com ply with all a pplicable 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 t he fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost a nd e xpense), indemnify, protect, and hold harmless City, i ts elected off icials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and agai nst any and all liabilities, actions, suit s, cl aims, demands, losses, costs, ju dgments, arbitration awards, settlements, damages , demands, orders, penalt ies, a nd expenses i ncluding legal costs and a ttorney fees ( collectively “Claims”), including but not li mited to Claims arising from injuries to or death of persons (Contractor’s employees included), for d amage to property, including property owned by City, for any violation of any federal, state, or lo cal law o r o rdinance or in an y manner arising out of, pertai ning to, or incident to a ny 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 exc ludes Claims arisin g from th e sole negligence or willf ul misconduct o f the Indemnified Parties. Under no circum stances shall the insurance requirements and limits set f orth i n this Agreeme nt be con strued t o limit Contractor ’s indemnification obligation or other liability under t his Agreement. Contractor ’s indemnification obligatio n shall survive the expirat ion or earlier termin ation of t his Agreement until all actions a gainst t he Indemnified Parties for su ch matters indem nified are fully and finally barred by t he applicable statute of limitations or, if an a ction is timely filed, until such action is final.

7.2 De sign Professional Services Indemnification and Reimbursement. If Contractor’s obl igation to defend, indemnify , and/or hold harmless arises o ut 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 C laims a rise out of, pertain to, or relate to the negligenc e, recklessness, or willful misconduct of the Contractor in the performance of the Services or this A greement, and, upon Contractor o btaining a final adjudic ation by a cour t o f Item 1X - Page 27

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competent jurisdiction, Cont ractor’s liability for s uch claim, including the cost to d efend, 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 Agr eement.

Contractor shall keep such books and r ecords as sh all be necessary to proper ly perform the Services required by t his Agreement and enable the Cont ract 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 O wnership of Documents. All d rawings, spec ifications, reports, records, documents, and oth er m aterials prepared by Contractor in the perf ormance of t his Agreement shall be the property of City. Contractor shall deliver a ll above -referenced documents to Ci ty u pon request of the Contract Officer or up on the termination of this Agreement. Contractor shall have no claim for further e mployment or additional compensation as a resul t o f the exercise by Ci ty of its f ull rights or owners hip of the documents and materia ls. Co ntractor may retain copies of such documents for Contractor's own use . Contractor shall have an unrestricted right to use th e c oncepts embodied in such documents.

8.4 Release of D ocuments. All dr awings, specificatio ns, reports, rec ords, documents, and ot her materials pre pared by Contractor in the performance of S ervices under this Agreement shall not be released publi cly 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 prov ide City, or othe r agents of City, such access to C ontractor’s books, record s, pay roll document s, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities directly relat ed t o Co ntractor’s perfor mance under this Agreement. Cont ractor shall m aintain such books, rec ords, data, and documents in accordance with gene rally ac cepted accounting principle s and shall clearly ide ntify 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. T his Agreement shall be construed and interpr eted both as to validity and to per formance of t he parties in accordance with the laws of t he State of California. Legal action s con cerning any dis pute, cl aim, or m atter arising out of or in relation to this Agr eement shall b e instituted in t he Superior C ourt of the County of Riverside, St ate of C alifornia, or any other appropriate court in such coun ty, 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 accordin g to its fair language and common meaning to achieve the objectives and purposes of the Parties.

The term s of this Agr eement ar e contractua l and the result of negotia tion between t he Item 1X - Page 28

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Parties. Accor dingly, any rule of c onstruction of contracts (including, without lim itation, California Civil Code Section 1654) that ambiguities are to be construed agai nst the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this A greement are for convenience and identification pur poses only and shall not be deemed to limit, ex pand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in t he exercise of any right or remedy of a non - defaulting Party o n any default shall impair such right o r re medy or be constru ed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or a pproval of any s ubsequent act of Contractor. Any waiver by either Party of any default must be in writing . No such waiver shall be a waiv er of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Re medies are Cum ulative. 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.

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 r emedy any d efault, to recover damages for an y def ault, to c ompel specific performance of this Agreement, t o ob tain 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 suc h other relief as may be gr anted, t o recover from the non - prevailing Party all reasonable costs and expenses. These i nclude but are not li mited to reasonable attor ney fe es, ex pert contrac tor fee s, court cos ts a nd all fees , cos ts, and expenses incurred in a ny appeal or in collection of any judgment entered in suc h proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers an d Employees. No officer or employee of City shall be pers onally liable t o 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 t his Agreement, nor shall Contractor enter into any a greement of any kind with any such officer or employee during the ter m of this Agreement and for one (1) year therea fter. Contractor warrants that Contractor has not pai d or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

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employment, with out regard to any prohibited basis. A s a co ndition precedent to City’s lawful capacity to ente r th is Agree ment, and in executing this A greement, Contractor certifies that its actions and omissions hereunder shall not incorporate any dis crimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to t he follo wing: emplo yment, upgrading , demotion or tr ansfer; r ecruitment o r recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contr actor is in full compliance wit h the provis ions o f Palm Sp rings Municipal Code S ection 7.09. 040, including without limi tation the pr ovision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in 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 mai led 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: Jacob Green & Associates, Inc.

Attention: Jacob Green
13217 Jamboree Road 248
Tustin, CA 92782

11.2 I ntegrated Agreemen t. This Agreement co nstitutes t he entire understanding between the Parties and s upersedes and cancels all prior negotiations, a rrangements, 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 Agre ement shall be interpreted in such a manner as t o be effect ive and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, para graphs, or sections contained in this Agreement shall be declared invalid or unenforce able by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, se ntences, clauses, paragraphs, or sec tions 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 Part y Beneficiary. Excep t as may be expr essly provi ded for in this Agreement, no thing contained in this Agreement is i ntended to confer, nor shall this Agreement be construed as c onferring, any rights, including, without limitation, any r ights as a third -party beneficiary or othe rwise, upon any entity or p erson not a party to this Agreement.

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11.7 Recitals. The above- referenced Recitals are her eby 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 person s executing this A greement on behalf o f the P arties warrant that they are duly authori zed 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.

11.9 Counterparts. This Ag reement may be signed i n counterparts, each of whi ch shall constitute an original.

11.10 Compliance with Economic Sanctions in R esponse to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of t he State of Calif ornia, 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 c ompleting the for m 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 CONTRACT SERV ICES AGREEMENT BY A ND BETWEEN THE CITY OF PALM SPRINGS AND JACOB GREEN & ASSOCIATES, INC.

IN WITNESS WHEREOF, the P arties h ave executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement No. _________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney C ity Clerk

APPROVED:

By: _____________________________ D ate: ____________________________ 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”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
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SCOPE OF WORK

1.1 Background:

A. T he C ontractor will develop a rich pool of qualified candidat es for th e selection of various executive level staff on an on-call basis as needed . Task Orders will be issued for specific r ecruitments at the time of need. There is no specific amount of work guaranteed under this scope of work, but the Contractor will be responsible for executive level recruitments during the term of the contract.

B. The Contractor shall be responsible for the entire recruitment process fr om assessing the City’s needs to ensuring the select ed candidate is successf ully acclimated in the job. The Contractor shall be responsible for the devel opment of recruitment materials involving participation from City stakeholders , rec ruitment of candidates including background investigations, assistance in analyzing applications, and assistance in the interview, selection, and background processes.

C. The objec tive is to provide an open and fair recruitment that w ill attract a talented pool of qualified candidates from diverse backgrounds from throughout the United States and provide the City’s search committee with multiple, qualified candidates for consideration.

D. The City of Palm Springs is a tourist city located on t he eastern area of California and on the western edge of the Coachella Valley and is a full-service municipality governed by a Council-Manager form of government since 1938. The City Council is the City's Legislative body and is composed of a rotating Mayor, and four council members representing individual districts. The City Council appoints the City Manager. The City Manager appoints the City’s department heads, including the Fire and Police Chiefs.

E. Under general administrative direction from the Ci ty Manager, department heads assume full management responsibility for all department services and activities.

1.2 Scope of Work
A. The Contract or shall provide services i ncluding, but n ot limited to, those outlined below. The City and the Contractor shall agree upon a more detailed scope of work upon issuance of the notice to proceed. The City reserves the right to set the exact start and completion dates for the work.

1. Defining the position profile
a. E xtensively consul t with City Council members, key staff, stakeholders and/or community members to determine the City’s visi on/mission, goals and objectives, needs and issues, requirements of the job, and to obtain information about the environment in which the position functions.
b. Based on the above meetings, identify the preferred management style, personal traits, demonstrated performance c riteria, and previous experience and accomplishments of the successful candidate.
c. Develop professional recruitment brochures that will include inf ormation on the City, the department, challenges and issues, the position, and selection criteria.

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2. Sourcing qualified candidates
a. Place advertisements in professional journal s, web sites, newspapers, and diversity-oriented specialty publications.
b. Conduct referrals and cold sourcing.

3. Evaluating prospective candidates
a. Develop a pr eliminary screeni ng and progress report based on education, experience, technical knowledge, accomp lishments, management style, personal traits, any other criteria included in the position profile. b. Include any issues/complaints/charges/li tigation that are pending or are in the candidate’s history.
c. Meet with the City at times and locations de signated by the City in order to provide progress reports on the numbers of semifinalist candidates and recommend a list of semifinalists. City is amenable to remote meetings. d. Provide the City wit h electronic copies of all resumes/ applications received during this search.

4. Selection of finalists
a. Conduct personal interviews of semifinalists (approximately 5-12). b. Pres ent a confidential report in a f ormat to be specified by the City wit h recommendations of finalists (approximately 4-8) to be reviewed and/or interviewed by City staff , City Council and/or other selected panel members.

The report shall include, but not be limited to:
i. Education, certifications, and experience information for each finalist ii. Evaluation of each finalist’s experience relative to selection criteria iii. Summary of reference comments
iv. Statements demonstrating accomplishments and management styles v. Present salary/compensation and salary expectations for each finalist. c. Conduct in-depth background screenings of the final candidate including credit checks, criminal and civil histories, driving records, college degrees and other related pr ofessional certifications, internet charac ter searches, a nd detailed and extensive reference checks of job performances, management styles, personal traits and other any additional factors as they relate to this position.

5. Identification of top candidate
Facilitate confidential interviews with finalist s by th e City Council, key stakeholders, and staff panels as designated by the City.

6. Selection of top candidate
Assist w ith n egotiation of an employment agr eement between the City and selected candidate once the top candidate has been identified.

7. A dditional requirements
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a. Conduct and incorporate community feedback into the recruitment process and provide this information to the City as requested.
b. All recruiting costs a ssociated w ith its work, including mark eting, advertising fees, travel, lodging, meals, and any incidental costs for its employees shal l be included in the contract pricing.
c. Coordinate candidate travel, meals and lodging f or interviews. Candidates may be reimbursed for travel expenses with prior city approval and within a pproved City travel policies.
d. Provide the City with all mate rials related to the search in the amounts, at the times, and in the forms requested by the City.

B. Guarantee the posit ion for one year. If the selected candidate for which the Contractor is paid to conduct the executive search, leaves for any reason dur ing the first 12 months of employment with the City, the Contractor shall immediately conduct a search for a replacement candidate. Within twelve weeks of the request from the City for the repl acement search, a slate of qualified candidates shall be submitted to the City. If the firm is unable to provide the candidates as stated above, the firm shall refund the fee paid by the City.

1.3 Schedule:

Complete all the work required herein within the time frame outlined in the request by the City. Typically, recruitments for executive staff will range from two to four months.

1.4 Compensation:

Work will be c ompensated on a lumpsum basis for the services outlined in the contract pricing. 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 c
ompensation will be due by the City unless the contract is modified for additional work requested by the City.

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ATTACHMENT "G"

COST PROPOSAL - AVIATION
REQUEST FOR PROPOSAL (RFP 16-23)

RECRUITMENT SERVICES FOR EXECUTIVE STAFF

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) ITEM DESCRIPTION Unit of TOT AL FOR EACH
Measure RECUITMENT OR

STAKEHOLDER

MEETING
1 Recruitment Services for each recruitment Lumpsum $28,000 needed for aviation for year 1 2 Additional Stakeholder Meetings needed for Lumpsum $0 year1 3 Recruitment Services for each recruitment Lumpsum $28,000 needed for aviation for year 2 4 Additional Stakeholder Meetings needed for Lumpsum
year2 $0
5 Recruitment Services for each recruitment Lumpsum
needed for aviation for year 3 $28 ,000
6 Additional Stakeholder Meetings needed for Lumpsum
year3 $0
7 Recruitment Services for each recruitment Lumpsum
needed for aviation for year 4 $28,000
8 Additional Stakeholder Meetings needed for Lumpsum
year4 $0
Total $112,000
*Note: The pricing above will be used in the evaluation process and to set the cost for the term of the contract; however , the contract value will be based on a City provide budget amount.

Our Lumpsum of $28,000 includes all costs per recruitment. No additional costs will be incurred by the City of Palm Springs for Stakeholder meetings.

Certified by:Jacob Green
Firm Name:Jacob Green and Associates
Signature of Authorized Person: ~ /i----
Printed Name: ~J~a~c~ob~G_re~e~n __________________ _
Title : President/CEO
Date: 6/22/2023

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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 1X - Page 38

Page 17 of 19 ends

INSURANCE

1. P rocurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and pr operty damage insur ance against all cla ims for i njuries against p ersons or d amages to property resulting from Cont ractor’s per formance under this Agreement. Contractor shall procure and m aintain 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 ke pt 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 c ancellation. Certificates of insuran ce evidencing t he 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. M inimum S cope of Insu rance. The minimum amount of in surance required under this Agreement shall be as follows:

1. Comprehensive gener al liability and personal i njury wit h limits of at least o ne million dol lars ( $1,000,000.00) combined single limit coverage pe r oc currence and t wo million dollars ($2,000,000) general aggregate;

2. Automobile liability i nsurance with limits of at least o ne million d ollars ($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. Wor kers’ Compensation insurance in the st atutory amount as required by t he State of Cal ifornia and Employer’s Liability Insu rance with limi ts of at least one mil lion dollars $1 millio n per occurrence . If Contractor has no employees, Contractor shal l complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims relat ed to th is Agreement, Contractor’s insurance coverage shall be primary with res pect to the City and it s respectiv e el ected officials, officers, empl oyees, agents, a nd v olunteers. Any insu rance or self -insurance maintained by City a nd its respective electe d officials, of ficers, e mployees, 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 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Page 18 of 19 ends

services under this Agreement, or (2) to maintain professional liability insurance coverage with the sa me carrier in the amount r equired by this Agreement for a t least thr ee years after completion of Contractor ’s services under this Agreement. C ontractor shall also be required to p rovide ev idence to City of the purchase o f the required tail in surance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standi ng 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 certificat es of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person auth orized by that insurer to bind coverage on its behal f. All proof of insurance is to be r eceived an d approved b y the City before work co mmences. C ity reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance poli cies at any time. A dditional insured endorsements a re no t 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 C ity of Palm Springs or (2) an acceptable Certificate of L iability Insurance Cov erage wi th an app roved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, em ployees, 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 insur ance is p rimary and non -contributory over any insurance or self - insurance the City may have..." (" as respects City of Palm S prings Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any o f the above described policies be canceled before t he expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure t o mail such notice shall impose no obligation or liability o f a ny kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. B ot
h 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.

Item 1X - Page 40

Page 19 of 19 ends

All ce rtificates of insurance and endorsements are t o be received and approved b y the City before work commences. All certificates of insurance must be authorized by a person with authority to bind cover age, whether that is the authorized agent/broker or insura nce 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 S elf-Insured Retentions. Any deduct ibles 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, of ficers, employees, agents, and volunteer s; or (2) C ontractor sh all procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance mus t include evidence of the amoun t of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of I nterests (Separation o f Insured s). This i nsurance applies separately to each in sured agains t whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1X - Page 41

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, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, 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 __________________________
200 Gateway Drive #1908, Lincoln, CA 95648
Mosaic Public Partners LLC
California
Bryan Noblett
Gregory Nelson_________
Item 1X - Page 42

7. O wners/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 i n entity and name of entity]

I DECLA RE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date
55%, Mosaic Public Partners LLC
45%, Mosaic Public Partners LLCBryan Noblett
Gregory Nelson
June 20, 2023Gregory Nelson, Founder and Managing Partner Item 1X - Page 43
I ~/j/J,r, I
~_L__ ___ I

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, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limi ted Partner
Other _____________________ ______
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other _________________________ _
________________________________  Officer 
Director  Member  Manager
[name]  General Partner  Limited Partner
 Other ____________ ______________
Jacob Green & Associates, Inc.
13217 Jamboree Road 248, Tustin, CA 92782
California
x
xJacob Green
Item 1X - Page 44
I l
-
~
-
-
-
-
L

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

EXAMPLE
Jacob Green
[name of owner/investor]

100%, Jacob Green and Associates, 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/inve stor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/invest or] [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 i n entity and name of entity]

I DECL ARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date N/A
Jacob Green, President/CEO 6/22/2023
Item 1X - Page 45

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT NO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Approve Amendment No. 2 to Professional Services Agreement No. A7184 with RS&H to retroactively include Task Order No. 11 and Task Order No. 12.

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

Attachments
Item 1Y

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. A714 8 FOR ON -CALL AVIATION CONSULTING
SERVICES WITH RS&H CALIFORNIA , INC. AT THE PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This item will approve Amendment No. 2 to Professional Services Agreement No. A7148 with RS&H California, Inc. ( RS&H) for on-call aviation consulting servic es at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 2 to Professional Services Agreement No. A7184 (Attachment A) with RS&H to retroactively include Task Order No. 11 and Task Order No. 12.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure Form ( Attachment B) submitted on July 6, 2023, RS&H California, Inc. is a California corporation registered to do business in California.

BACKGROUND:

On May 2, 2018, the City Council approved Professional Services Agreement No. A7148 with RS&H, California, Inc. for on-call aviation consulting services associated with the Palm Springs International Airport Capital Improvement Program, for a term of five years.

The original agreement with RS&H was intended to support various aspects of the Airport Capital Improvement Program which included independent fee estimation (IFE) for program development of other professional service contracts and bid documents and Item 1Y - Page 1
City Council Staff Report
September 14, 2023-- Page 2
Amendment to Agreement No. A7148 with RS&H California, Inc. specifications for other airfield equipment such as runway sweeper, friction testing equipment, and wildlife hazard program.

O
n July 24, 2023, the City Council approved Amendment No. 1 to Professional Services Agreement No. A7148 with RS&H for a 3-year term to allow the contract to complete the existing task orders 1- 10 in the amount of $1,011,802 until a new on -call request for proposals is publicly bid in the upcoming months.

T
he following list of task orders that are actively being worked on by RS&H w ere presented to the City Council in the July 24, 2023, staff report for Amendment No. 1 to Professional Services Agreement No. A7148:
• T
ask Order No. 1 - Provide on-call services to conduct the Airfield Wildlife Hazard Assessment in the amount of $133,892.
• T
ask Order No. 2 - Provide on-call services to conduct the Hot Spot Study using the FAA guidance in the amount of $179,802.
• T
ask Order No. 3 – Provide on-call services for the pre- design, design and bid phase services for the rehabilitation of taxiways for the Taxiway Rehabilitation project in the amount of $595,485.
• T
ask Order No. 4 - Provide on-call services for the completion of a Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Inline Baggage Handling System Improvements Project in the amount of $24,342.
• T
ask Order No. 5 - Provide on-call services for the completion of two Documented CATEX in compliance with the NEPA for the Restroom Improvements, Replacement of Escalators and Elevators, and Lot A and Economy Parking Improvements Project in the amount of $59,592.
• Ta
sk Order No. 6 - Provide on-call services for the completion of a Simple Written Record CATEX in compliance with the NEPA for the replacement of boilers and chillers in the amount of $4,232.
• T
ask Order No. 7 - Provide on-call services for the completion of a Documented CATEX in compliance with the NEPA for the Baggage Claim Lobby Expansion Project in the amount of $19,280.
• T
ask Order No. 8 - Provide on-call services to conduct an IFE at Palm Springs International Airport for Restroom Renovation Design and A bbreviated Construction Administration Services in the amount of $8,004.

Item 1Y - Page 2
City Council Staff Report
September 14, 2023-- Page 3
Amendment to Agreement No. A7148 with RS&H California, Inc.

• Task Order No. 9 - Provide on-call services to conduct an IFE at Palm Springs International Airport for Lot A, Employee and Economy Parking Environmental Documentation (NEPA & C alifornia Environmental Quality Act) , Design, and Abbreviated Construction Administration Services in the amount of $7,616.

• Task Order No. 10 - Provide on-call services to conduct an IFE at Palm Springs International Airport for Bag Lobby Expansion and Renovation and Abbreviated Construction Administration Services Project in the amount of $9,727.

STAFF ANALYSIS:

The Airport staff inadvertently excluded the following task orders that were also being actively worked on by RS&H from the staff report that was presented to the City Council on July 24, 2023, for Amendment No. 1 to Professional Services Agreement No. A7148:

• Task Order No. 11 - Provide on-call services for design services for the Signature Flight Taxilane Centerline Remarking Project in the amount of $6,305.

• Task Order No. 12 - Provide on-call services to provide cultural resources support, including the completion of a Finding of Effect document and coordination with the Federal Aviation Administration (FAA) and the State Historic Preservation Officer (SHPO) to support the Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) at Palm Springs International Airport for the Baggage Claim Lobby Expansion/Restroom Improvements Project in the amount of $55,696.

With regard to Task Order No. 11, the Airport staff had determined that the Airport’s Fixed Base Operator, Signature Flight Support , had a flight taxi lane centerline that was not properly marked for the spacing of the aircraft wing tip clearances and that it was necessary to have the flight taxilane centerline remarked for Airport safety.

With regard to Task Order No. 12, the Airport staff had received an unexpected request from the FAA for a Cultural Resources Environmental Report for the Bag gage Claim Lobby Expansion/Restroom Improvements Project, and the delay of providing the Cultural Resources Environmental Report to the FAA could lead to the Airport losing $5.7 million in FAA grant funding.

The City Manager authorized interim approval to continue work on these task orders in order to not jeopardize funding due to the Council recess, with the understanding that staff would return to Council with an updated Staff Report at the first available Council meeting for approval. Therefore, s taff recommends approval of Amendment No. 2 to Professional Services Agreement No. A714 8 with RS&H to retroactively include Task Order No. 11 and Task Order No. 12 for an additional amount of $62,001.

Item 1Y - Page 3
City Council Staff Report
September 14, 2023-- Page 4
Amendment to Agreement No. A7148 with RS&H California, Inc.

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. According to Section 15378(b), 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 2A, Improve City Facilities.

FISCAL IMPACT
:

Sufficient funds in the amount of $55,696 are budgeted and available in the current Fiscal Year 2023-24 Airport Special Capital Projects Fund 416 7065.80000 and the remaining $6,305 are budgeted in the Department of Aviation Airfield Account 4157030-40105.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

Procurement and Contracting Director: Kim Baker
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 2 to Professional Services Agreement No. A7148 B. Public Integrity Disclosure Form
Item 1Y - Page 4

ATTACHMENT A
AMENDMENT NO. 2 TO PROFESSIONAL

SERVICES AGREEMEN
T NO. A7148 WITH
RS&H CALIFORNIA, INC.

Item 1Y - Page 5
Revised: 2.9.22
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
NO. A7148 BETWEEN THE CITY PALM SPRINGS AND RS&H
CALIFORNIA, INC.

1. Parties and Date.

This Amendment No. 2 to Agreement No. A714 8 (Amendment No. 2) is made and entered into on September 15 , 2023, by and between the City of Palm Springs (“City”) and RS&H California, Inc., a California Corporation with its principal place of business at 5901 W. Century Blvd, Suite 1030 Los Angeles, CA 90045 (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled On-Call Aviation Consulting Services dated July 31, 2018 (Agreement) for the purpose of retaining the services of on-call aviation consulting services.

2.2 Recent Purchase Orders & Task Order s. On January 27, 2022, the City authorized the issuance of three purchase orders: 1) Pre -Design, Design, and Bid Phase Services for the Taxiway Rehabilitation Project; 2) Airfield Hot Spot Study; and 3) Wildlife Hazard Assessment at the Palm Springs International Airport pursuant to the Agreement.

On February 1, 2023, the City issued a task order for the completion of a Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Inline Baggage Handling System Improvements Project at the Palm Springs International Airport pursuant to the Agreement.

On March 14, 2023, the City issued two task orders: 1) A task order for the completion of two Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Restroom Improvements, Replacement of Escalators and Elevators, and Lot A and Economy Parking Improvements Project ; and 2) A task order for the completion of a Simple Written Record Categ orical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the replacement of boilers and chillers at the Palm Springs International Airport pursuant to the Agreement.

On April 5, 2023, the City issued a task order for t he completion of a Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Baggage Claim Lobby Expansion Project at the Palm Springs International Airport pursuant to the Agreement.

On May 3, 2023, the City issued two task orders: 1) A task order to conduct an independent fee estimate (IFE) at Palm Springs International Airport for Restroom Renovation Design and Abbreviated Construction Administration Services Project; and 2) A task order to conduct an Item 1Y - Page 6
Revised: 2.9.22
independent fee estimate (IFE) at Palm Springs International Airport for Lot A, Employee and Economy Parking Environmental Documentation (NEPA & CEQA), Design, and Abbreviated Construction Administration Services Project pursuant to the Agreement.

On May 31, 2023, the City issued a task order for the provision of on-call services to conduct an independent fee estimate (IFE) at Palm Springs International Airport for Bag Lobby Expansion and Renovation and Abbreviated Construction Administration Services Project pursuant to the Agreement.

2.3 Expiration of Agreement. The Agreement is set to expire on July 30, 2026 or upon the completion of all outstanding Task Orders, whichever occurs earlier.

2.4 Amendment . T he City and Consultant now desire to amend the Agreement in order to retroactively add the following recent Task Orders as of July 31, 2023:

On July 11, 2023, the City issued a task order for design services for the Signature Flight Taxilane Centerline Remarking Project pursuant to the Agreement.

On July 26, 2023, the City issued a task order for the provision of on- call services for cultural resources support, including the completion of a Finding of Effect document and coordination with the Federal Aviation Administration (FAA) and the State Historic Preservation Officer (SHPO) to support the Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) at Palm Springs International Airport for the Baggage Claim Lobby Expansion/Restroom Improvements Project.

2.5 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

10.3 of the Agreement.

3. Terms.

3.1 Additional Services. The Services, as that term is defined in the Agreement, shall be amended to include additional services as outlined in Task Order s No. 11 and 12, attached hereto to this Amendment No. 2 as Exhibit “C-1”. The not-to-exceed amounts for Task Orders No. 11 and 12 are further outlined in Exhibit “C-1”.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or Item 1Y - Page 7
Revised: 2.9.22
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

Item 1Y - Page 8
Revised: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND RS&H CALIFORNIA, 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 1Y - Page 9
Revised: 2.9.22
EXHIBIT C-1

TASK ORDERS NO. 11 AND 12

[ATTACHED]

Item 1Y - Page 10
RS&H CALIFORNIA, INC. City of Palm Springs
5901 W. Century Blvd, Suite 1030 Aviation Department
Los Angeles, CA 90045 3400 E. Tahquitz Canyon Way
Contract No. A7148
Palm Springs, CA 92262
(760) 318-3879
Contract Amount: On-Call

TASK ORDER
NO. REVISION NO. ISSUE DATE TASK ORDER AMOUNT PAYMENT BASIS RECONCILED (only if NTE T&M) 11 7/11/2023 $6,305.00
TITLE: Design Services for Signature Flight Taxiline Centerline Re-Marking Project.

SCOPE:

Agreement A7148
Proposal from RS&H California dated July 10, 2023
CONTRACT AMOUNT On-Call Services
Previous purchase orders $2,976,986.99
TASK ORDER 01 $179,802.00
TASK ORDER 02 $129,375.00
TASK ORDER 03 $565,315.00
TASK ORDER 04 $24,342.00
TASK ORDER 05 $59,592.00
TASK ORDER 06 $4,232.00
TASK ORDER 07 $19,280.00
TASK ORDER 08 $8,004.00
TASK ORDER 09 $7,616.00
TASK ORDER 10 $9,727.00
TASK ORDER 11 $6,305.00
TOTAL EXPENDITURE TO DATE $3,990,576.99
EXCLUSIONS:

INCLUSIONS:

Schedule:

CITY OF PALM SPRINGS AUTHORIZATION CONTRACTOR/CONSULTANT ACCEPTANCE

AIRPORT EXECUTIVE DIRECTOR CONTRACTOR/CONSULTANT
Date: __________________________ Date: __________________________ REFERENCE DOCUMENTS:

Provide on-call services for Design Services for Signature Flight Taxiline Centerline Re-Marking Project.

Schedule will be based on the date of the Notice to Proceed (NTP).

TASK ORDER FORM
NO

NTE T&M
Fixed Price
YES
N/A
DocuSign Envelope ID: E201896D-45FA-4973-B8A6-A61 D9FB2C6B0 r-N. I IWICrt I C1M

GDocuS;gnb~ jr.
~DDF \B1421 ...
7/13/2023 7/11/2023
Item 1Y - Page 11
DocuSign Envelope ID: E201896D-45FA-4973-B8A6-A61 D9FB2C6B0 RS&H
Jeremy Keating
Assistant Airport Director
City of Palm Springs
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
Office: 760.318.3849 Cell: 760.668.8778
July 10, 2023
5901 W. Century Boulevard
Suite 1030
Los Angeles, CA 90045
C 630-300-8511
rsandh.com
RE: Letter Proposal to Provide Design Services for Signature Flight Taxilane Centerline Re-Marking Dear Mr. Keating,
RS&H California, Inc. is pleased to provide this proposal to provide pavement marking design as discussed by telephone and email on July 7, 2023.

Pavement marking design will be provided for re-alignment of the taxi lane centerline immediately south of the Signature Flight ramp area and immediately north of the AOA fence at the rental car return area.

A data collection activity will be performed to pull together existing CAD information as well as aerial imagery from Google Earth. A turning movement analysis will be completed based on a design aircraft supplied by the Airport. This will set the appropriate curve points and provide for minimum separation distances as required by FAA Advisory Circular AC 150-5300-13B, Airport Design.

Plan sheets (up to five) will be provided for the required work . Those plans will include a plan for the layout of the new marking as well as details for the markings. A specification for the paint material and application will also be provided. Finished design will be dimensionally indicative and require the contractor to field verify that required design clearances are met with the new taxilane alignment.

The design will be prepared by RS&H staff members with expertise in airfield geometric design. In addition, the final design will be reviewed by an RS&H officer . Our work product will consist of Item 1Y - Page 12
DocuSign Envelope ID: E201896D-45FA-4973-B8A6-A61 D9FB2C6B0 electronically delivered plans and specification documents. A brief memorandum will accompany our final design providing a summary of our design development Our lump sum fee proposal of $6,305 is based on the assumption that no detailed field measurements or topographic survey are included in this scope of work. Our total proposed fee is based on 35 hours of professional services consulting time. See Attachment A for details.

The design will be completed within two weeks of notice to proceed and receipt of required information (design aircraft and any additional CAD information).

Again, thank you for the opportunity to be of service and we look forward to assisting you in this matter.

With Regards,
RS&H California, Inc.

Joseph P. Jackson
President
Attachment
Item 1Y - Page 13
DocuSign Envelope ID: E201896D-45FA-4973-B8A6-A61 D9FB2C6B0 RS&H
Labor Cost:

Palm Springs International Airport
City of Palm Springs
Attachment A - Project Cost
Design Services for Signature Flight Taxilane Centerline Re-Marking Lump Sum
Staff: J. Jackson J. Ericson H. Fletcher K. Pham N/A
Civil
Title: Principal Sr. Civil Engineer Sr. Designer Engineer N/A Reimbursable Hourly Rate: $471.04 $266.43 $216 .25 $101.03 $0.00 Data Collection for CAD - 1 4 4 -
Turning Movement Analysis - 2 2 4 -
Plans (5 sheets max) and Specifications 1 2 8
QC Review 2 2 1 2 -
Subtotal 2 6 9 18 -
Labor Cost 2 6 9 18
Other Direct Non-Labor Costs:

Subtotal Travel :

N/A N/A

N/A N/A
$0.00 $0.00
- 9
- 8
- 7
- 35
35 Total
Total Authorized Lump Sum fee for Signature Taxilane Re-Marking:

Totals
$0
$1,536
$1,369
$1,893
$6,305
6,305
$0
$6,305
Item 1Y - Page 14
DocuSign Envelope ID: 3FDBBD45-48A3-4601-B294-3C68BEB55469 RS&H CALIFORNIA, INC.
5901 W. Century Blvd, Suite 1030
Los Angeles, CA 90045
Contract No. A7148
Contract Amount: On-Call

TASK ORDER
NO. REVISION NO.
12 TASK ORDER FORM

ISSUE DATE TASK ORDER AMOUNT
7/26/2023 $55,696.00

PAYMENT BASIS

D NTET&M
0 FD<ed Price
TITLE: Baggage Claim Lobby Expansion/ Restroom Improvements Cultural Resources Support, Finding of Effect
SCOPE: Literature Review, Preliminary Revie of Proposed Undertaking, Field Visits, Archival Research, Design Guidance, Find of Effect, Response to Comments, Project Manager
REFERENCE DOCUMENTS:

Agreement A7148
Proposal from RS&H California dated July 21, 2023

CONTRACT AMOUNT
Previous purchase orders
TASK ORDER 01
TASK ORDER 02
TASK ORDER 03
TASK ORDER 04
TASK ORDER 05
TASK ORDER 06
TASK ORDER 07
TASK ORDER 08
TASK ORDER 09
TASK ORDER 10
TASK ORDER 11
TASK ORDER 12

TOTAL EXPENDITURE TO DATE
EXCLUSIONS: lnclustion - Subconsultant: LSA Associates, Inc.

INCLUSIONS:

On-Call Services
$2,976,986.99
$179,802.00
$129,375.00
$565,315.00
$24,342.00
$59,592.00
$4,232.00
$19,280.00
$8,004.00
$7,616.00
$9,727.00
$6,305.00
$55,696.00
$4,046,272.99
Schedule: Schedule will be based on the date of the Notice to Proceed (NTP).

City of Palm Springs
Aviation Department
3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 318-3879
RECONCILED (only If NTE T&M)
YES 0N/A
O NO

CONTRACTOR/CONSUL TANT ACCEPTANCE
Date: -, - u-l.P- ) 3
~~ pl.kc
CONTcffiR'fe'ONSULTANT
Date: 7/26/2023
Item 1Y - Page 15

Palm Springs International Airport
Palm Springs, California

Baggage Claim Lobby Expansion/
Restroom Improvements
Cultural Resources Support,
Finding of Effect

July 21, 2023
Version 1.0

5901 W. Century Blvd, Suite 1030
Los Angeles, CA 90045
RS&H
Item 1Y - Page 16

Baggage Claim Lobby Expansion/Restroom Improvements – Cultural Resources Support 7/21/2023 Version 1.0 Palm Springs International Airport
Baggage Claim Lobby Expansion/ Restroom Improvements
Cultural Resources Support, Finding of Effect
Palm Springs International Airport

SCOPE OF SERVICES

INTRODUCTION
The City of Palm Springs (City) has requested a scope of services, fee, and schedule proposal from RS&H California, Inc. (RS&H), with support from LSA Associates, Inc. (LSA), for cultural resources support, including the completion of a Finding of Effect document and coordination with the Federal Aviation administration (FAA) and the State Historic Preservation Officer (SHPO) to support the Documented Categorical Exclusion (CATEX) in compliance with the National Environmental Policy Act (NEPA) for the Baggage Claim Lobby Expansion Project and Restroom Improvement Project (Proposed Project) at Palm Springs International Airport (Airport).

SCOPE OF SERVICES
Task 1 Literature Review
LSA will carefully review the National Register nomination for the Airport to fully understand the reasons for its significance and the importance of its CDFs. As part of this process, LSA may contact local preservation individuals and/or groups, including Peter Moruzzi, who prepared the National Register nomination. LSA may also contact the State Historic Preservation Officer (SHPO) if warranted and acceptable to the Airport. In addition, LSA will carefully review the Secretary of the Interior’s Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (36 Code of Federal Regulations [CFR] Part 68) .

Undertakings that are consistent with these standards are generally considered to have no adverse effect on the historic property.

Task 2 Preliminary Review of Proposed Undertaking
LSA will work with RS&H to understand the deficiencies driving the proposed undertaking and the challenges there may be, in terms of preservation issues, in meeting current codes and the needs of the facility. Since preservation of CDFs is always the preferred approach, if any CDFs are proposed to be removed, it will be important for LSA to understand why this is necessary. Also, LSA needs to understand the full extent of the alterations and their potential to damage unrelated CDFs. As part of this task, LSA anticipates a maximum of four virtual or telephonic meetings with RS&H.

Task 3 Field Visits
An LSA architectural historian and photographer will visit the Airport. The purpose of this field visit is to view the Airport CDFs in general and to specifically observe the CDFs associated with the proposed construction in context.

During the visit, the relevant CDFs will be photographed and notes will be made about their conditions, integrity levels, materials, and design elements. Alterations in historically significant spaces typically should blend with the original materials, finishes, and detailing and should retain their historic character. The field visit will help LSA determine appropriate new materials and designs.

A second field visit will be conducted with members of the local preservation community. In general, the purpose of this visit is to obtain input regarding the CDFs and preservation/restoration opportunities associated with the proposed undertaking, as well as information that may inform the project design.

Baggage Claim Lobby Expansion/ Restroom improvements
Cultural Resources Support, !Finding of !Effect
Palm Springs international Airport
SCOPIE OF SERV!CIES
Item 1Y - Page 17

Baggage Claim Lobby Expansion/Restroom Improvements – Cultural Resources Support 7/21/2023 Version 1.0 Palm Springs International Airport
Task 4 Archival Research
LSA will conduct archival research at the Palm Springs Art Museum Architecture and Design Center to obtain original drawings and plans for the Airport as well as early photographs. The purpose of this research is to determine the original designs and materials associated with the historic property and to provide historically accurate information that can be incorporated into the proposed design plans.

Task 5 Design Guidance
LSA will provide design guidance that will briefly discuss the significance of the Airport and the CDFs that may be affected by proposed construction work. Recommendations will be made for materials and designs that are consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR Part 68).

In addition, recommendations may be made for protecting CDFs in place or in storage and/or for repairing damaged or deteriorated CDFs. The goal of these recommendations is to help the design team develop plans that will result in no adverse effects to the historic property.

Task 6 Finding of Effect
When design-level plans and detailed narrative descriptions are available, LSA will prepare an FOE for the proposed undertaking. LSA may also require samples of materials, paint colors, and the like. The assessments of effects will be completed using the seven criteria of adverse effects (36 CFR Part 800.5, Assessment of adverse effects), which include consistency with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR 800.5(2)(ii). Based on work completed as part of Tasks 1 through 4, it is anticipated that a Finding of No Adverse Effect will be made. However, if this is not the case, additional work may be required that will necessitate a separate scope and budget.

Task 7 Responses to Comments
LSA will respond to one round of minor (typically 4 hours or less to address) consolidated comments from RS&H and/or other reviewing agencies on the design guidelines and FOE. LSA will also assist with responding to one round of minor comments (typically 4 hours or less to address) from the Tribal Historic Preservation Office (THPO) or the SHPO, whichever is applicable.

Task 8 Project Management
RS&H will provide project management for the cultural resources documentation for the Proposed Project. Project management tasks will consist of maintenance and monitoring of the overall project for the duration of the assignment. Project scope and budget adherence will be of primary concern as part of this task. RS&H will use the following methods to ensure that the scope and budget adherence goals are met: project scope monitoring, project budget maintenance, direct client coordination (through telephone conversations, e-mail correspondence and meetings), QA/QC reviews, and general project documentation.

SCHEDULE
Tasks 1-6 began with prior Notice to Proceed (NTP). Responses to comments on the FOE (Task 7) will be competed within two weeks of receiving comments.

FEE
Fee estimates including expenses are stated in Attachment A - Project Cost. Note that the fee estimate is for a Lump Sum assignment.

Item 1Y - Page 18
RS&H
Palm Springs International Airport
City of Palm Springs
Attachment A - Project Cost
Baggage Claim Lobby Expansion and Restrooms - Cultural Resources Support Lump Sum
Labor Cost:

Staff: J. Jackson D. Full K. Bouler L. Morris N/A N/A
Project
Manager/
Title: Principal VP/QC Env. Spec. IV Admin II N/A N/A
Reimbursable Hourly_ Rate: $471.04 $476.71 $210.31 $106.52 $0.00 $0.00 Task 1: Literature Review
Task 2: Preliminary Review of Proposed Undertaking - - 2 2 Task 3: Field Visits - - 1
Task 4: Archival Research
Task 5: Design Guidance - - 1
Task 6: Finding of Effect 2 2 8 12
Task 7: Project Management 2 - 6 2 10 -
Subtotal 4 2 18 2 26
Labor Cost 4 2 18 2 26
Subconsultants
Total
LSA Associates, Inc. $48,860
Subtotal Travel:

Total Authorized Lump Sum Fee:

Totals
$0
$0
$421
$210
$0
$210
$3,578
$2,417
$6,836
6,836
$48,860
$55,696
Item 1Y - Page 19

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1Y - Page 20

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle 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)

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

RS&H California, Inc.
369 Pine Street, Suite 610, San Francisco, CA 94104
5901 W. Century Boulevard, Suite 1030, Los Angeles, CA 90045 California
X
See Attachment "A"
Item 1Y - Page 21

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

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 ends

James W. Hullett, Jr. 100% - RS&H California, Inc.

July 6, 2023
Item 1Y - Page 22
ATTACHMENT “A”

RS&H CALIFORNIA, INC.

Public En�ty Disclosure/Applicant Disclosure Form
Ques�on 6 – Oﬃcers/Directors

Joseph P . Jackson President, Director
James W. Hullet, Jr Vice President, Director
Jesse J. Forst Vice President
David J. Full Vice President, Corp. Sec.

Douglas D. Geiger Vice President
Christopher M. Greene Vice President
James W. Hullet, Jr. Vice President
Druce S. Joslin Vice President
Keith M. Nix Vice President
Evan H. Pfahler Vice President, Treasurer
Michael Spitzer Vice President
George N. Tsiouvaras Vice President
Andrew P . Wheeler Vice President
Amy N. Davis Assistant Treasurer
Marlon F. Starr Assistant Corp. Secretary
Cathy G. Scot Assistant Corp. Secretary
Item 1Y - Page 23

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

AWARD TWO CONTRACT SERVICES AGREEMENTS FOR COST ESTIMATING

SERVICES
RECOMMENDATION:

Award two Contract Services Agreements for cost estimating services for various departments to 1) Anser Advisory Consulting, LLC dba Anser Advisory, and 2) MARRS Services, Inc. for amounts not to exceed $400,000 for each agreement for a three-year term as outlined in the Agreements.

1. Authorize the City Manager or designee to execute all necessary documents2.

Attachments
Item 1Z

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: AWARD TWO CONTRACT SERVICES AGREEMENTS FOR COST

ESTIMATING SERVICES

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation
Engineering Services Department
Department of Public Works

SUMMARY:

Award two Contract S ervices A greements for cost estimating services with 1) Anser Advisory Consulting, LLC dba Anser Advisory, and 2) MARRS Services, Inc. in an amount not to exceed $400,000 for each agreement for a three-year term.

RECOMMENDATION:

1. Award two Contract S ervices A greements for cost estimating services for various departments to 1) Anser Advisory Consulting, LLC dba Anser Advisory , and 2) MARRS Services, Inc. for amounts not to exceed $400,000 for each agreement for a three-year term as outlined in the Agreements (Attachments A and B).

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

BUSINESS PRINCIPAL DISCLOSURE:

Anser Advisory Consulting, LLC dba Anser Advisory is a Delaware Limited Liability Company registered to do business in California in accordance with the Public Integrity Disclosure Form (Attachment C). MARRS Services, Inc. is a California Corporation in accordance with the Public Integrity Disclosure Form (Attachment D).

BACKGROUND:

The City of Palm Springs and the Palm Springs International Airport often receive state and federal grants for various projects. When contracting for certain disciplines of work such as engineering, architectural professional services , a nd construction related services, cost proposals are submitted by these firms after they are scored on their Item 1Z - Page 1
technical abilities to do the work. This process creates the need to negotiat e a fair and reasonable price for the services. In order to develop a sound negotiating position, support is needed from a contractor that can provide independent cost and fee estimates based on a scope of work.

Additionally, a n Independent Fee Estimate (aka: Independent Fee Review (IFR), Independent Cost Analysis (ICA) or Independent Cost Estimate (ICE)) is required by the Federal Aviation Administration (FAA) for a Planning, Design, and Construction Management Services contract that exceeds $100,000 or is for the first project conducted under a multi -year or multi -project agreement. Independent Fee Estimates are confidential reports that are required for airports by a professional, independent third- party reviewer that analyzes proposed consultant engineering, design, planning, and construction management costs per FAA guidelines.

By retaining two firms , the City can avoid conflicts of interest wherein one firm has assisted a current design or construction company with whom the City is negotiating under another contract. Having two firms will also allow the firms to meet the volume of estimating needed for the various projects the City will undertake during the next three years.

STAFF ANALYSIS:

The Procurement and Contracting Department , in coordination with the Aviation Department, Engineering and Public Works Departments issued a Request for Proposals (RFP) for Cost Estimating Services on June 19, 2023. The RFP was advertised i n the local newspaper and on Planetbids , the City’s electronic bid site. A preproposal conference was held June 27, 2023. Nine proposals were received by the deadline of July 18, 2023. Bidders were as follows:

 Anser Advisory, Palm Desert, CA
 Cumming Management Group, Inc., Murrieta, CA
 Ellana Construction Consultants, El Segundo, CA
 ELLE Consultants, El Dorado Hills, CA
 FEI Associates, Chino, CA
 JLD Cost Consulting, Portland, CA
 Jones Lang LaSalle Americas, Inc., Los Angeles, CA
 Lenax Construction Services, Inc., Los Angeles, CA
 MARRS Services, Inc., Fullerton, CA

An evaluation team made up of City staff from the Departments of Aviation, Engineering Services, and Public Works evaluated the proposals received against evaluation criteria to verity the firms’ qualifications to perform the work. The evaluation criteria consisted of the firm’s experience; the team’s experience; a demonstration of the understanding of the work; project controls including schedule, budget quality, and safety; and the initial cost of the project. In addition, references were checked to confirm successful completion of past projects.

Item 1Z - Page 2
Six firms were chosen to move forward in the interview phase and interviews were conducted on August 21, 2023 with the following firms:

 Anser Advisory, Palm Desert, CA
 Cumming Management Group, Inc., Murrieta, CA
 Ellana Construction Consultants, El Segundo, CA
 JLD Cost Consulting, Portland, CA
 Lenax Construction Services, Inc., Los Angeles, CA
 MARRS Services, Inc., Fullerton, CA

Interviews were scored, and proposal and interview scores were combined to determine the highest ranked firm. Anser Advisory and MARRS Services, Inc. were ranked the highest and are being recommended by staff for award of the agreements.

The amount recommended for award is $400,000 for each agreement over a three-year term, based upon an estimate of the on-call services that may be required; no specific amount of work is guaranteed. Work will be issued by individual task order s and funds will not be encumbered until the task orders are issued.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Funding for these on-call contracts will be committed out of various department budgets as the needs arise for these cost estimating services. No funds will be committed until the task orders are issued. Departments will budget for these services annually and funds are available in the current fiscal year budget.

Item 1Z - Page 3
REVIEWED BY:

Department Director Aviation: Harry Barrett, Jr.

Department Director Engineering: Joel Montalvo
Department Director Public Works: Lauri Aylaian
Procurement and Contracting Director: Kim Baker
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement 23P202 - Anser
B. Contract Services Agreement 23P201 - MARRS
C. Public Integrity Disclosure Form – Anser
D. Public Integrity Disclosure Form – MARRS
Item 1Z - Page 4

ATTACHMENT A
CONTRACT SERVICES AGREEMENT NO. 23P202

WITH ANSER ADVISORY
Item 1Z - Page 5
CONTRACT SERVICES AGREEMENT 23P202

COST ESTIMATING SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES ( “Agreement”) is made and entered into on September 18, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Anser Advisory Consulting, LLC dba Anser Advisory, a Delaware and California Limited Liability Company , (“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 cost estimator , for cost estimating services , (Service”).

B. Contractor has submitted to City a proposal to provid e cost estimating services, 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 Service.

NOW, THEREFORE, in consideration of the promises and mutual obliga tions, 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 a ll 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 qual ity, 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. Contracto r shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits , and approvals as may be required b y 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 Item 1Z - Page 6
facilities, diffi culties, 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 f ault 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 compen sated 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 $400,000 for the initial term.

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 f ees. 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 Agreem ent or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

4. PERFORMANCE SCHEDULE

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

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; Item 1Z - Page 7
(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, epidem ics 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 s hall continue in full force and effect for a period of three years, commencing on September 18, 2023, and ending on September 17, 2026, 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) d ays 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 recei pt of the notice of terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice . City shall not be liable for any costs other than the charges or 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 th ereof 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.

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Andy Kleimola, CEP, CPC, Senior Vice President, C ost Estimating. 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 performa nce of the Services. Contractor shall Item 1Z - Page 8
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 Assign ment. 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 provisions 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 t his 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 tha t 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 pa y 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 pe rform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order th e removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Andy Kleimola, CEP, CPC Managing Director of Estimating Dean Fojo, PE, LEED AP Project Manager
Dustin Reinhart Lead Estimator

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 maintenanc e or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply Item 1Z - Page 9
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 Calif ornia 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 subcon tractors, 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 incl uding 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 Indemnif ied 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 Item 1Z - Page 10
the extent which the C laims arise out of, pertain to, or r elate 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 c laim, 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 t he 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 pertainin g 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 pre pared 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.

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 performanc e 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 thi s 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 ac cordance 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 oth er 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.

Item 1Z - Page 11

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 non - defaulting Party on any default sh all 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 b e 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.

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 limite d 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 mone y 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 Item 1Z - Page 12
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 activi ty, 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; a nd 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.

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 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: Anser Advisory
Attn: Andy Kleimola, CEP, CPC
73-710 Fred Waring Drive, #102
Palm Desert, CA 92260

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 Partie s 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 Item 1Z - Page 13
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.

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 cert ify 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 Ru ssian 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 s tringent requirement shall control.

[SIGNATURES ON NEXT PAGE]
Item 1Z - Page 14

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND ANSER ADVISORY

CONSULTING, LLC DBA ANSER ADVISORY

IN WITNESS WHEREOF, the Parties have executed thi s Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement 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 1Z - Page 15

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 1Z - Page 16
SECTION 4 – SCOPE OF WORK

1.1 Background:

A. The City including its’ Airport is often receiving state and federal grants funding for various projects. When contracting for certain disciplines of work such as engineering and architectural professional services and construction related services, cost proposals are submitted by these firms after they are scored on their technical abilities to do the work. This process creates the need to negotiation a fair and r easonable price for the services. In order to develop a sound negotiating position, support is needed by a Contractor that can provide independent cost and fee estimates based on a scope of work. The Contractor will provide these cost and fee estimates on an as needed on call basis for the City.

B. Independent Fee Estimates (aka: Independent Fee Review (IFR), Independent Cost Analysis (ICA) or Independent Cost Estimate (ICE)) are required by the FAA for Planning, Design, and Construction Management Services contracts that exceed $100,000 or is the first project conducted under a multi -year or multi - project agreement.

C. Independent Fee Estimates are confidential reports that are required for airports by a professional, independent third -party reviewer that anal yzes proposed consultant engineering, design, planning, and construction management costs per FAA guidelines.

D. The current version of FAA Advisory Circular 150/5100 -14E - Architectural, Engineering, and Planning Consultant Services for Airport Grant Project s, discusses this process for procurement of professional services and Independent Fee Estimates (IFEs) in detail.

E. Projects that could need estimating include but are not limited to:
• Taxiway rehabilitation construction
• Runway rehabilitation
• Construction of public vehicle parking lots and roadway repairs • Replacement of the terminal escalators and elevators
• Replacement of the terminal HVAC (heating, ventilation, air, and cooling) infrastructure
• Terminal baggage claim systems replacement and associated buildin g additions/modifications
• Renovation/rehabilitation of the airport terminal building restrooms • Rental car facility additions, renovations, and/or expansions design and construction
• Design and construction for the installation of automated exit lane technology • Design and construction for the terminal gate/expanded holdroom and associated equipment expansion program
• Design and construction of the terminal baggage handling systems replacement and facility modifications
Item 1Z - Page 17
• Design and construction for the addition of electric charging station infrastructure • Design and construction for a new Federal Inspections Services (FIS) Facility • Design and construction for the addition of misc. Terminal ADA improvements • Design and construction for the replacement/rehabilitation of the terminal roof • Design and construction for New Consolidated Rental Car facilities • Design or Construction Management for miscellaneous unplanned airport building maintenance, rehabilitation, or remodeling projects • Design engineering and construction management services for perimeter fence and security enhancements
• Design engineering and construction management services for the Installation of Airport Solar Panels

1.2 Scope:

A. The Contractor will provide independent cost and or fee estimates based on task ordered requests from the City. The estimates will be based upon the scopes of work that are provided to the Contractor. Cost and fee estimates will be used to develop negotiating positions for the City to obtain a fair and reasonable price for professional services work. This will primarily include design work but may also include construction work as well including change orders and amendments as needed.

B. The Contractor may also be asked to review cost estimates from others to provide feedback on costs, and may also assist in negotiation strategies as needed.

C. The Contractor must maintain available resources to turn these estimates around in one to two weeks depending on the task order requirements.

D. The Contractor may also be asked to participate in value engineering exercises to estimate or validate cost savings.

E. Estimates shall be prepared in a manner that conforms to all codes and regulations and shall reflect all factors influencing the potential cost of the work to include but not be limited to market conditions, escalation, trade availability, indirect costs, material shortages, etc. A basis document for the estimate shall be provided when an estimate is request that explains the source materials used to create the estimate.

F. All estimates shall be provided in excel format.

G. When providing estimates under this contract, the Contractor may not take on project related work that would create a conflict of interest in developing the cost estimate for the City.

H. The number and type of estimates will vary over the term of the agreement.

1.3 Schedule:

Work will be issued on a task order basis over the course of a three -year period. The timeline to complete the estimate will be included in the task order request but is generally one to two weeks in duration.

1.4 Compensation:

Item 1Z - Page 18
Work will be compensated on an hourly rate or lumpsum basis as defined in the task order. 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 ad ditional work requested by the City.

Item 1Z - Page 19

ATTACHMENT "H"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 35-23)

COST ESTIMATING SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 " Cost Proposal ", NOTwith Electronic File #1, Technical/Work Proposal *) ITEM DESCRIPTION Unit of Measure Rate
1 Estimating Services Hourly $130.00
Certified by: Andy Kleimola
F. N Anser Advisory Consu lting, LLC dba Anser Advisory 1rm ame: _____ _ _______ _ _______ _ Signature of Authorized Person:--~ ____ \-__ ·-~- --• ~---- Printed Name: Andy Kleimola
Title: Senio r Vice President
Date: July 18, 2023
Item 1Z - Page 20
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 1Z - Page 21

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 prope rty 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 c onstrued 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 requir ed 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;

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 occurre nce. 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 prim ary 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 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 profes sional 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 Item 1Z - Page 22
services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amou nt 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 endorseme nts, effecting 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 be fore 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 Additio nal 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 self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers ' Liability policies shall contain the insurer's waiver of 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.

Item 1Z - Page 23
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 th e 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 se lf-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 applie s 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 1Z - Page 24
ATTACHMENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 35-23)

COST ESTIMATING SERVICES
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 PENAL TY 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: Andy Kleimola
Title: Senior Vice President
Firm Name: Anser Advisory Consulting, LLC dba Anser Advisory ate: 7/18/2023
Item 1Z - Page 25

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 1Z - Page 26
FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. T he 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 1Z - Page 27
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: NOT APPLICABLE 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 assiste d) 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 t o 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 imple mentation 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 1Z - Page 28
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 con struction 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 adjust ed for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
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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 polyme r-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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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
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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 non - discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatme nt 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 Fede ral-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 disab ility 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 Avi ation 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 1Z - Page 33
• 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 incorpora ted 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 indirectl y 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, inclu ding 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 potenti al 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 C ontractor’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 1Z - Page 34
a. Withholding paym ents 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
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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 $150,0 00, 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 a ny 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

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

Contract Work Hours and Safety Standards Act Requirem ents (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 federally - assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, w hile 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 wh ere 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, an d 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.

Item 1Z - Page 37

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City s hall 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 th e 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 subcontrac tor 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 US C § 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 res ult 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 sub mit 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 1Z - Page 39
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 emerge nce 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 qual ifies 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. Howeve r, 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 a nd 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 progra ms 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 1Z - Page 40
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 thi s 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 sh all 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 Contra ctor 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 mec hanics 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 1Z - Page 41
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 un der 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 sepa rate 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 with hold 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 co ntract. 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 wri tten 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, ad dress, 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 co sts 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 employ ing 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 1Z - Page 42
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 Owne r, 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 ha ve 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 transcript ion 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 1Z - Page 43
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 ap prentice 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 o n 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 p aid 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 whi ch 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 th e 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 1Z - Page 44
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 determinati on 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 a ctually 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 interpr etations 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 Co de, 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 tra nsaction” 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 determ ines 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 applicab le 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 rece ives 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 subco ntractor with its own forces or those of an affiliate, a non - DBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed 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 a grees, 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 re quest 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 1Z - Page 48
termination of its subcontract and why the City should not approve the prime C ontractor'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 Adminis tration 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 1Z - Page 51
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. O nce 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 discrimin ate 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; recruitme nt 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 employm ent, 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 rece ive 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 employme nt 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 1Z - Page 53
access to the compens ation 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’ r epresentative 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 com ply 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 wi ll 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 i nvolved 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;
Item 1Z - Page 54
b. “Director” means Director, Office of Federal Contract Com pliance 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, su bcontracts 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 partic ipation 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 d emonstrate 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 g ood 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 subcontra ctor’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 solic itation 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 geographi cal 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 of ficers.

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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 Contracto r 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 train ing 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 ensur e 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 aff irmative 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 C ontractor, 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 notificati on 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, address es, 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 1Z - Page 56
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 provi de 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 E EO 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 emplo yees 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 obligation s 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 s ource, 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 min ority 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 wher e 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 1Z - Page 57
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 ch anging 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 eff ort 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 fait h 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 g roup 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 opportun ity 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 d isparate 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 goa ls 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 an d Item 1Z - Page 58
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 thos e 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 regula tions, 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 ou t, 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, employe e 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 wo rk 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 Departme nt 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 execut ive, 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 pa rt 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 o f 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 b y 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 fre e 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 mean s 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 do es 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 construc tion 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 demo lition 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 1Z - Page 62
FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and s ubcontracts 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 o f 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 qua ntity 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 proc urement 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.g ov/smm/comprehensive- procurement-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 timefra me 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 requirem ent in all sub- tier contracts involving experimental, developmental, or research work.

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

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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to 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 comp liance” 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 per formed 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 (NEH RP). 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 1Z - Page 68
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 l ist 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 re nder 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 er roneous 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 restrict ions 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 work s 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 1Z - Page 69
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 a n 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 § 4711 2(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)
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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 Co ntractor 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 1Z - Page 72

ATTACHMENT B
CONTRACT SERVICES AGREEMENT NO. 23P201
WITH MARRS SERVICES, INC.

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C
ONTRACT SERVICES AGREEMENT 23P201

COST ESTIMATING SERVICES

THIS AGREEMENT FO R CONTRACT S ERVICES (“Agreement”) is mad e and entered into on September 18, 2023, by and between the City of Palm Springs, a California charter city and m unicipal corporation (“City”), and MARRS Services, 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 r equires the se rvices of a cost estimator, for cost estimating services, (“Services”).

B. C ontractor has submitted to City a proposal to provide cost estimating services, under the terms of this Agreement.

C. Based on its e xperience, educat ion, training, and r eputation, Contract or is qualified and desires to provide the necessary services to City for the Project.

D. Ci ty desires to retain the services of Contractor for the Service.

NOW, THEREFO RE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein , and ot her val uable consi deration, t he receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Ser vices. In compliance with all ter ms and c onditions of thi s Agreement, Contractor shall prov ide se rvices to City a s described in the Scope of Services/Work attached to th is Agreement as E xhibit “A” and incorporated herein by reference (the “ Services” or “ Work”). Exhibit "A" in cludes the a greed 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 ordin arily exercised by hig h quali ty, e xperienced, and well qualified members of t he profession c urrently practicing under s imilar conditions. In the even t of any inconsistency between the te rms contained in the Scope of S ervices/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 C ompliance 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 t he Services . Con tractor shall be lia ble for all violations of s uch laws and regulations in connection with the Services and this Agreement.

1.3 Li censes and Permits. Contract or shall o btain at it s 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 F amiliarity with Work. By executing this Agreement, Contractor warrants that it has care fully considered h ow the Work should be performed and fully under stands the Item 1Z - Page 74
f
acilities, difficulties, and r estrictions atte nding performance of the Work under this Agreement.

2. T IME FOR COMPLETION
The time for comple tion of the Services to be performe d 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. Con tractor shall be compensated and reimbursed for the s ervices rendered under this Agreement in accordance wi th t he schedule of fees set forth in E xhibit “A ”. The total amount of Comp ensation shall not exceed $400,000.

3.2 Method of Payment. In any month in which Co ntractor wishes to r eceive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoic e, no later than the first working day of s uch 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 t hat are approved b y City and co nsistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

A. T o 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 service s n ot included in th is Agreement or not customarily furnished in accordance with generally a ccepted practice in C ontractor’s profession.

4. PERFORMANCE SCHEDULE

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

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be exte nded because of any delays due to a F orce Maje ure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Forc e Majeure Event shall mean an event t hat 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; Item 1Z - Page 75
(
3) order s o f g overnmental authorities (includ ing, wit hout 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 q uarantine restrictions.

For p urposes of thi s section, “order s of gov ernmental authorities,” incl udes or dinances, emergency proclam ations and orders, rules to protect the public health, welf are and safety, and other actions of the City in its capacity as a muni cipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay , and extend the ti me for performing the Services fo r the peri od of t he enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Of ficer’s determination shall be final and conclu sive upon the Parties to this Agreement. The C ontractor will not receive an adjus tment to the contract price or any other compensatio n. Notwithstanding the f oregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier termin ated in accordance with S ection 4.5 o f this Agreement, t his Ag reement s hall c ontinue in full force and effect for a period of three years, commencing on September 18, 2023, and ending on September 17, 2026, 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 per iod o f notice shall be s uch shorter t ime as may be determined by the City . Upon r eceipt of th e notice of term ination, Contractor shall immediately ce ase a ll Services excep t such as may be specifically a pproved b y t he Contract Officer. Con tractor shall b e entitled to c ompensation for all S ervices 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 charge s or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entit led to damages or compensation f or termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it dee ms n ecessary to correct Contractor's d eficiencies and charge the cost th ereof to Contractor, who sh all be l iable for the ful l cost of th e City's corr ective action. Contractor may not terminate this Agreement except for cause, upon thirty (30 ) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative o f Contractor. T he f ollowing princip al 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 th e specified Services: Riaz Chaudhary, PE, Principal . It is e xpressly underst ood that th e experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. T herefore, the foregoing principal shall be responsible dur ing the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally s upervise the Services under this A greement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Of ficer. The C ontract Officer shal l b e the City Manager or his /her designee ("Contract Officer"). Contractor shall be responsible fo r keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any decisions that must be made by C ity to the Contr act Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

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5.3 Prohibition Against Subcontract ing or Assignment . The exper ience, knowledge, educat ion, capability, and reputation of Contractor, its principals, and employees, were a subst antial inducement for C ity to ente r into this Agre ement.

Contractor sh all not contract with a ny other individual or entity to perf orm any S ervices required under this Agreement without the City's express wr itten approval. I n a ddition, neither this Agreem ent nor any interest may be assigned or transferred, voluntarily or by operation of law, witho ut the prior wr itten approval of City . Subcontracts, if a ny, shall contain a provisions maki ng them subject to al l p rovisions sti pulated in this Agreement including without limitation the insurance and inde mnification requirements. If Contractor is permit ted to subcontract a ny part of this A greement by Cit y, Co ntractor 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 A greement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any o f its employees shall have any control over the m anner, 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 a s are consistent with that role ; however, C ity shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any t ime or in any manner represent that it o r any of it s agents or employees are agents or employees o f City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with th eir performance under this A greement and as required by l aw.

Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: so cial security taxes, income tax with holding, 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 i n this Agreement. Contractor shall not alter the assignment of t he following personnel without the prior writ ten a pproval of the Cont ract Officer. A cting through t he City M anager, the City s hall have the unrestricted r ight to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

N ame: T itle:

Riaz Chaudhary, PE Principal/Project Manager
John O’Brien, PhD, PE(MI) Sr. Lead Estimator
Charles Feist, PE Sr. Project Engineer
Gunther Liedl Sr. Architect
Rodelio Resurreccion Sr. Estimator
Masha Zadeh, PhD, PMP Project Controls
Surinder Kanda, CPE, ASPE LEED AP Sr. Estimator
Abebaw Andualem, PMP, CPE Sr. Estimator
Todd Smith Sr. Estimator
Ak a
sh Mehta, AACE Sr. Estimator
Item 1Z - Page 77

5 .6 California Labor Code Requirements.

A. Contractor is aware of the require ments of California Labor Code Sections 1720 et s eq. and 1770 et seq., which r equire the payment of prevailing wa ge rates and the performance of other requirements on certai n “public works” and “ maintenance” projects (“Prevailing Wage La ws”). If the Services are being perfor med as part of an applicable “public works” or “maint enance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15 ,000 or more for ma intenance 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, of ficers, employees, and agents free and harmless fr om any claims, liabilitie s, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It sha ll 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), c ertified 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. I f the Services a re being performed as part of an applicable “ public w orks” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demol ition, installation, or repai r, th en pursuant to Labor Code Sect ions 1725.5 and 1771.1, the Contractor and all subcontractors performing such S ervices must be registered wi th the Department of Industrial Relations. Contractor shall maintain registration for the duration of t he Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance m onitoring and enf orcement by th e Depa rtment of Indus trial Relations. It shall be Contractor’s sole r esponsibility to comply with al l a pplicable registration and labor compliance requirements.

6. INSURANCE
Cont
ractor 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 t he fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost a nd e xpense), indemnify, protect, and hold harmless City, i ts elected off icials, officers, employees, agents, and volunteers (collect ively the “Indemnified Parties”), from and agai nst any and all liabilities, actions, suit s, claims, demands, losses, costs, ju dgments, arbitration awards, settlements, damages, demands, orders, penalt ies, a nd expenses i ncluding legal costs and attorney fees ( collectively “Claims”), including but not li mited to Cla ims arising from injuries to or death of persons (Contractor’s employees included), for d amage to property, including property owned by City, for any violation of any federal, state, or local law o r o rdinance or in any manner arising ou t of, pertai ning to, or incident to a ny 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 exc ludes Claims arisin g f rom th e sole negligence or willf ul misconduct of the Indemnified Part ies. Under no circum stances shall the insurance requirements and limits set f orth in this Agreeme nt be con strued t o limit Contractor ’s Item 1Z - Page 78
i
ndemnification obligation or other liability under t his Agreement. Contractor ’s indemnification obligation shall survi ve the expirat ion or earlier termin ation of t his Agreement until all actions a gainst the Indemnifi ed Parties for such matters indem nified are fully and finally barred by t he applicable statute of limitations or, if an a ction is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obl igation t o defend, indemnif y, and/or hold harmless arises o ut 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 C laims a rise out of, pert ain to, or rel ate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this A greement, and, upon Contractor obtaining a final adjudic ation by a court o f competent jurisdiction, Cont ractor’s liability for such claim, in cluding the cost to d efend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and e xpenditures pertaining in any way to this Agreement.

8.3 O wnership of Documents. All d rawings, spec ifications, reports, records, documents, and other m aterials prepared by Contractor in the perf ormance of t his Agreement shall be the property of City. Contractor shall deliver a ll ab ove-referenced documents to Ci ty u pon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further e mployment or additional compensation as a resul t o f the exercise by City of its f ull rights or own ership of the documents and materials. Co ntractor may retain copies of suc h documents for Contractor's own use . Contractor shall have an unrestricted right t o use th e c oncepts embodied in such documents.

8.4 Release of D ocuments. All dr awings, specificatio ns, reports, rec ords, documents, and ot her materials pre pared by Contractor in the performance of S ervices 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 prov ide City, or other agents of Ci ty, such access to C ontractor’s books, record s, pay roll document s, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities directly relat ed t o Con tractor’s perf ormance under this Agreement. Cont ractor shall m aintain such books, rec ords, data, and documents in accordance with gene rally accepted accounting principles and shall clearly ide ntify and Item 1Z - Page 79
ma
ke 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. T his Agreement shall be construed and interpr eted both as to validity and to per formance of the parties in accordance with the laws of t he State of California. Legal action s con cerning any dis pute, claim , or m atter arising out of or in relation to t his Agr eement shall b e instituted in t he Superior C ourt of the County of Riverside, St ate of Ca lifornia, or an y other appropriate court i n such coun ty, 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 accordin g to its fair language and common meaning to achieve the objectives and purposes of the Parties.

The term s of this Agreement ar e contractua l and t he result of negotiat ion between t he Parties. Accor dingly, any rule of c onstruction of contracts (including, without limitation, California Civil Co de Section 1654) that ambiguities are to be construed agai nst the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various secti ons and paragraphs of this A greement are for convenience and identification purposes only and shall not be deemed to limit, ex pand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in t he exercise of any right or remedy of a non - defaulting Party on any default shal l impair s uch right o r re medy or be constru ed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or a pproval of any s ubsequent act of Contractor. Any waiver by either Party of any default must be in wri ting. No such waiver shall be a waiv er of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Re medies are Cum ulative. Except with respect t o 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.

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 r emedy any d efault, to recover damages for any default, to c ompel specific performance of this Agreement, t o ob tain 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 suc h other relief as may be gr anted, t o recover from the non - prevailing Party all reasonable costs and expenses. These i nclude but are not limited to reasonable attor ney fe es, ex pert contrac tor fee s, court cos ts a nd all fees , cos ts, and expenses incurred in a ny appe al or in collection of any judgment entered in suc h 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 pers onally liable to the C ontractor, or any s uccessor-in-interest, in the event of Item 1Z - Page 80
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 t his 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 therea fter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party an y money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection w ith its performance under this A greement, Contractor shal l n ot discriminate agai nst any employee or applica nt for employment because of actual or perceived race, religion, color, sex, age, marital st atus, ancestry, national origin ( i.e., p lace of origin , immigration statu s, cultural or linguist ic characteristics, or ethnici ty), sexual orientation, gender ident ity, ge nder ex pression, physical or mental disability, or medical condition (each a “prohibi ted basis”). Contractor shall ensure that applicants ar e employed, and tha t employees are treated during their employment, with out regard to any prohibited basis. A s a con dition preceden t to Ci ty’s lawful capacity to ente r th is Agree ment, and in executing this A greement, Contractor certifies that its actions and omissions hereunder shall not incorporate any dis crimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to t he follo wing: emplo yment, upgrading , demotion or tr ansfer; recruitment o r recruitment advertising; layoff or termination; rates of pay or other f orms of compensation; and selection for training, including appr enticeship; and further, that Contractor is in full compliance wit h the provis ions o f Palm Sp rings Municipal Code Secti on 7.09. 040, including without limi tation the pr ovision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in 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 m ailed 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: MARRS Services, Inc.

Attention: Riaz Chaudhary, PE
328 E. Commonwealth Avenue
Fullerton, CA 92832

11.2 I ntegrated Agreemen t. This Agreement co nstitutes the entir e under standing between the Parties and s upersedes and cancels all prior negotiations, a rrangements, 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.

Item 1Z - Page 81
1 1.4 Severability. Whenever possible, each provision of this Agre ement 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 unenforce able by valid judgment or decree of a court of competent j urisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sent ences, clauses, paragraphs, or sec tions 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 i nure to the benefit of the Parties’ successors and assignees.

11.6 Third Part y Beneficiary. Excep t as m ay be expr essly provi ded for in this Agreement, no thing contained in this Agreement is i ntended to confer, nor shal l this Agreement be construed as c onferring, any rights, including, without limitation, any r ights as a third -party beneficiary or othe rwise, upon any entity or p erson not a party to this Agreement.

11.7 Recitals. The above- referenced Recitals are h ereby 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 person s executing this A greement on behalf of the P arties warrant that t hey 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.

11.9 Counterparts. This Ag reement may be signed in counterparts, each of whi ch 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 Calif ornia, C onsultant 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 for m located in Exhib it “C” (Russian Sanction s Certification), attached hereto and incorporated herein by reference. Consultant shall also require an y 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 an d incorporated herein by ref erence (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

[SIGNATURES ON NEXT PAGE]
Item 1Z - Page 82

IGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND MARRS SERVICES, INC.

IN WITNESS WHEREOF, the P arties h ave exec uted this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement 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 1Z - Page 83

EX
HIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 1Z - Page 84
SECTION 4 – SCOPE OF WORK

1.1 Background:

A. The City inc l uding its’ Airport is often receiving state and federal grants funding for various projects. When contracting for certain disciplines of work such as engineering and architectural professional services and construction related services, cost proposals are submitted by these firms after they are scored on their technical abilities to do the work. This process creates the need to negotiation a fair and reas o
nable price for the services. In order to develop a sound negotiating position, support is needed by a Contractor that can provide independent cost and fee estimates based on a scope of work. The Contractor will provide these cost and fee estimates on an as needed on call basis for the City.

B. Independent Fee Estimates (aka: Independent Fee Review (IFR ) , Independent Cost Analysis (ICA) or Ind ependent Cost Estimate (ICE)) are required by the FAA for Planning, Design, and Construction Management Services contracts that exceed $100,000 or is the first project conducted under a multi -year or multi - project agreement.

C. Independent Fee Estimates are confidential reports that are required for airports by a professional, independent third- party reviewer that analyzes proposed consultant engineering, design, planning, and construction management costs per FAA guidelines.

D. The cur rent version of FAA Advis ory Circular 150/5100 -14E - Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects, discusses this process for procurement of professional services and Independent Fee Estimates (IFEs) in detail.

E. Projects that could need estimating include but are not limited to:
• Taxiway rehabilitation construction
• Runway rehabilitation
• Construction of public vehicle parking lots and roadway repairs • Replacement of the terminal escalators and elevators
• Replacement of the terminal HVAC (heatin g, ventilation, air, and cooling) infrastructure
• Terminal baggage claim systems replacement and associated building additions/modifications
• Renovation/rehabilitation of the airport terminal building restrooms • Rental car facility ad ditions, renovations, and/or expansions design and construction
• Design and construction for the installation of automated exit lane technology • Design and construction for the terminal gate/expanded holdroom and associated equipment expansion program
• Design and construction of the terminal baggage handling systems replacement and facility modifications
Item 1Z - Page 85
• D
esign and construction for the addition of electric charging station infrastructure • Design and construction for a new Federal Inspections Services (FIS) Facility • Design and construction for the addition of misc. Terminal ADA improvements • Design and construction for the replacement/rehabilitation of the terminal roof • Design and construction for New Consolidated Rental Car facilities • Design or Construction Managemen t for miscellaneous unplanned airport building maintenance, rehabilitation, or remodeling projects • Design engineering and construction management services for perimeter fence and security enhancements
• Design engineering and construction management ser vices for the Installation of Airport Solar Panels

1.2 Scope:

A. The Contractor will provide independent c o st and or fee estimates based on task ordered requests from the City. The estimates will be based upon the scopes of work that are provided to the Contractor. Cost and fee estimates will be used to develop negotiating positions for the City to obtain a fair and reasonable price for professional services work. This will primarily include design work but may als o incl
ude construction work as well including change orders and amendments as needed.

B. The Contrac t or may also be asked to review cost estimates from others to provide feedback on costs, and may also assist in negotiation strategies as needed.

C. The Contractor must maintain available resources to turn these estimates around in one to two weeks depending on the task order requirements.

D. The Contractor may also be asked to participate in value engineering exercises to estimate or validate cost savings.

E. Es timates shall be prepared in a manner that conforms to all codes and regulations a
nd shall reflect all factors influencing the potential cost of the work to include but not be limited to market conditions, escalation, trade availability, indirect costs, material shortages, etc. A basis document for the estimate shall be provided when an estimate is request that explains the source materials used to create the est imate.

F. All es timates shall be provided in excel format.

When providing estimates under this contract, the Contractor may not take on project related work that would create a conflict of interest in developing the cost estimate for the City.

H. The number and type of estimates will vary over the term of the agreement.

1.3 Schedule:

Work will be issued on a task order basis over the course of a three-year period. The timeline to complete the estimate will be included in the task order request but is generally one to two weeks in duration.

1.4 Compensation:

Item 1Z - Page 86
W
ork will be c o mpensated on an hourly rate or lumpsum basis as defined in the task order. 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 1Z - Page 87

ATTACHMENT "H"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 35-23)

COST ESTIMATING SERVICES

S~oat",e of A"thoh,ed Pe"'°o ,- ~
Printed Name: Riaz Chaudhary
Title: Principal
Date: July 18, 2023
Rate
$187.00
Item 1Z - Page 88
EX
HIBIT “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 1Z - Page 89
INS
URANCE

1. P rocurement and Maintenance of Insurance. Contractor shall procure and maintain p ublic liability an d pr operty damage insur ance against al l cla ims for i njuries against p ersons or d amages to property resulting from Cont ractor’s per formance under this Agreement. Contractor shall procure and m aintain all insurance at its sole cost and expense, in a form and cont ent 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 Agr eement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insuran ce evidencing t he 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. M inimum S cope of Insurance. The minimum amount of insu rance required under this Agreement shall be as follows:

1. Comprehensive gener al liability and personal i njury wit h limits of at least o ne million dolla rs ( $1,000,000.00) combined single limit cover age pe r oc currence and t wo million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least o ne million d ollars ($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. Wor kers’ Compe nsation insurance in the st atutory amount as required by t he State of California and Em ployer’s Liability Insu rance with limits of at least one mil lion dollars $1 mil lion per occurrence . If Contractor has no employees, Contractor shal l complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims relat ed to this Agreement, Contractor’s insurance coverage shall be primary with res pect to the City and it s respectiv e el ected officials, officer s, em ployees, agents, and v olunteers. Any insurance or self -insurance maintained by Ci ty a nd its respective electe d officials, officers, e mployees, 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 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. E rrors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Con tractor provides claims made prof essional liability insur ance, Cont ractor shal l also agree in writ ing either (1) to purchase tail insura nce in the amount required by this Agreement to cov er claims m ade w ithin three years of t he com pletion of Contractor ’s Item 1Z - Page 90
s
ervices under this Agreement, or (2) to maintain professional liability insurance coverage with the same car rier in the amount r equired by this Agreement for a t least thr ee years after completion of Contractor’s services under thi s Agreement. Contractor shall also be required to prov ide ev idence to City of the purchase of the required tail in surance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standi ng with the State of California. Coverage shall b e 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 certificat es of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person auth orized by that insurer to bind coverage on its behal f. All proof of insurance is to be r eceived an d approved by the City before work co mmences. C ity reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any ti me. A dditional insured endorsements a re no t required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General an d/or Auto Liability Endorsement Form for t he C ity of Palm Sp rings or (2) an acceptable Certificate of L iability Insurance Cov erage w ith an a pproved Additional Insured Endorsement with the following endorsements stated on the certificate:

B. " This insurance is pri mary and non-contributory over any insurance or se lf- insurance t he City may have..." (" as respects City of Palm S prings Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above desc ribed policies be canceled before t he expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure t o mail such notice shall impose no obligation or liabil ity o f a ny kind upon the company, its agents o r representative" is not acceptable and must be crossed out.

D. B oth
the Workers’ Compensation and Employers' Li ability 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.

Item 1Z - Page 91
A
ll ce rtificates of insurance and endorsements are t o be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind cover age, whether that is the authorized agent/broker or insura nce 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 S elf-Insured Retentions. Any d eductibles 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, of ficers, employees, agents, and volu nteers; or (2) C ontractor sh all procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance mus t include evidence of the amoun t of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of I nterests (Separation o f Insured s). This insurance applies separately to each in sured agains t whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1Z - Page 92

ATTACHMENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 35-23)

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 PENAL TY 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:_ 41~= -z·:'!a-~ ~""¥!!!:f:=:\-----------
Printed Name: Riaz Chaudhary
Title Principal
Firm Name MARRS Services, Inc.

Date: 07/18/2023
Item 1Z - Page 93
E

XHIBIT D

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

*Solicitation Clause also
Updated 2.8.2023
Item 1Z - Page 94
F
AA - 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 1Z - Page 95
F
AA - 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 construct ion, rehabilitation, altera tion, 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.

Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of cons truction 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 acquisitio n 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.

Timetables
Goals for minority participation for each trade: NOT APPLICABLE 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 C ontractor 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 t his second area, the C ontractor 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 m inority and female employmen t an d training must be Item 1Z - Page 96
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 C ontractor’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 O ffice of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any co nstruction 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 su bcontractor; est imated 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 f rom this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Reference: 41 CFR Part 60-4
Item 1Z - Page 97

F
AA – 03 Breach of Contract
APPLICABILITY – required for all c ontracts that exceed the s implified 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 1Z - Page 98
F
AA – 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 mater ials, 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 o f: 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
Item 1Z - Page 99
F
AA – 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 Contrac tor agrees to comply with pertinent s tatutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no per son shall, on the grounds of race, color, national origin (including limi ted E nglish proficiency), c reed, 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 1Z - Page 100
F
AA – 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 itsel f, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2 000d et seq., 78 stat. 2 52) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted progra ms 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 R ehabilitation 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 US C § 6 101 et seq.) (prohibit s 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 Right s Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilit ation Act of 1973, by expanding the definition of 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 Disabilitie s 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 A ddress Environmental J ustice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and ac tivities with disp roportionately high and adverse human health or environmental effects on minority and low-income populations); Item 1Z - Page 101
•
Executive Order 13166, Improving Acces s to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable 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 th ey may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work p erformed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selectio n 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 Materia ls and Equipment:

In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, inclu ding procurements of materials, or le ases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract a nd 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 it s 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 C ontractor 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: I n the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the City w ill impose such contr act sanctions as it or the Federal Aviation Administra tion may determine to be appropriate, including, but not limited to:

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a. W
ithholding 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 C ontractor will include the p rovisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unles s exe mpt 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 pr otect 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
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F
AA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts t hat 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 § 740 1-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environment al Protection Agency (EPA) and the Federal Aviation Administration.

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

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

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

Contract Wor k H ours an d 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 cont racts not less than one and one- half times thei r basi c ra te of pay for all hours worked over 40 in a workweek.

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

Contract Types –
Construction – This provision applies to all contracts and lower ti er 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 a pply t o 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 – W hile m ost land t ransactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any part of the contrac t work which may require or involve the employment of laborers or mechanics shall requi re 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 les s than one and one-half times the basic rate of pay for all hours worked i n excess of forty hours in such workweek.

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

In the event of any violation of the clause set forth in paragraph (1) of thi s clause, the Contractor and any subcontractor responsible therefor shall be li able f or 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 D istrict of Colum bia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this c lause, in the sum of $29 for each calendar day on which su ch 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 withhol d or cause to be withheld, from any moneys payable on account of work per formed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime C ontractor, or any other federally -assisted contra ct 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 t he clauses set forth in paragraphs (1) through (4) of this clause.

Reference: 2 CFR Part 200, Appendix I I(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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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, a ny 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 contr actor and subcontrac tor t o 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 al l 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 S ervice Agreements (PSAs) include tasks that meet the definiti on 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 b oundary fencing and demolition of structures would involve laborers and m echanics. 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 e mployed on the project to give up any part of the compe nsation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City , a weekly statement on the wages paid to each employee performing on covered work during the pr ior week. City must report any violations of the Act t o the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1Z - Page 107
F
AA – 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 subc ontracts 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 manufact ured at the vendor’s plant ( e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) i ncludes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.

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

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

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) All labor ers and mechanics employed or w orking 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 t han those contained in the wage determination of the Secretary of Labor w hich is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs rea sonably anticipated for bona fide fringe benefi ts under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred f or more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Item 1Z - Page 108
det
ermination 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 mor e 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 perfo rmed. The wage determination (including any addition al 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 determinati on 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 rat e, incl uding 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 t he 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 designate d 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 o fficer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefit s 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 cont ract from the first day on which work is perfor med 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 1Z - Page 109
s
hall either pay the ben efit as stated in the wage determination or shall pa y 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 mec hanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Cont ractor, that the applicable standards of the Davis -Bacon A ct have been met. The Secre tary 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 t he 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 mechani cs, including apprentices, trainees, and helpers, employed by the Contrac tor 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 fr inge 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 th e wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Dav is-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration o f apprenticeship programs and certification of trainee programs, the registration o f 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 1Z - Page 110
Ad
ministration. The payrolls submitt ed 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 informa tion 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 pay s or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is bei ng 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 d uring the payroll period has been paid the ful l weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set for th in Regulations, 29 CFR Part 3;
(3) That ea ch laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly ex ecuted 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) Th e falsification of any of the above certificati ons m ay subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records r equired under paragraph (3) (i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the 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 1Z - Page 111
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ay, 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. Departme nt of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Appr enticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification 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 p rogress, expressed as a percentage of the journeymen hourly rate spec ified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not speci fy 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 classificat ion, fring es shall be paid in accordance with that det ermination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be perm itted to utilize a pprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they a re employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor , Employ ment and 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 sp ecified in the app roved 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 1Z - Page 112
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rainee program. If t he 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 train ing plan approved by the Employment and Training Administration shall be paid not l ess 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 ut ilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of appr entices, trainees, and journeymen under this part shall be in conform ity with the equal employme nt 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, whic h are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate ins tructions 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.

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.

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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 v irtue of section 3(a) of th e Davis-Bacon Act or 29 CFR §

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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F
AA – 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. C overed transactions include any AIP -funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal o r exceed $25,000. This includes contracts associated with land acquisition projects.

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

A11.3.2 Lower Tier Contract Certification

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by 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 thi s federally assisted project. The Contractor will accomplish this by:

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

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

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

If the Federal Aviation 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 tr ansaction, the FAA may pursue any av ailable 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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AA – 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 s hall not discriminate on the basis of race, color, nat ional origin, or sex in the perfor mance 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) Assessin g sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under t his prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contracto r agrees further to return retainage payments to each subcontrac tor within [30 days] days after the subcon tractor’s wo rk is satisfactorily completed. An y 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 C ontractor 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, i nstances in which the prime contrac tor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non - DBE firm, or with another DBE firm.

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

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

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

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

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

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City a nd the Contractor of the reasons, if any, why it objec ts to t he proposed Item 1Z - Page 116
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ermination of its subcontract and why the City should not approve the prime C ontractor'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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AA – 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 Driv ing”, (10/1/2009) and DOT Order 3902.10, “Tex t Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driv ing when performing work related to a gran t or subgrant.

In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that dec rease crashes by distract ed 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 thi s clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10
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AA – 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 N ational Defense Authorization Act [Public Law 115- 232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1Z - Page 119
F
AA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded proje cts, but not to the contrac ts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug -Free Work place Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will prov ide drug -free work places as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal 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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AA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to r ace, co lor, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.

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

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

Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not a pply 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 act ion 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 s election f or training, including apprenticeship. The Contract or agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or a dvertisements for employees placed by or on behalf o f 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 1Z - Page 121
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cess to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses t he compensation of such ot her employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, including an investigation conducted by the 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 emplo yees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all inf ormation and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will 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 w ith 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, a nd 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. “Em ployer 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, Puer to 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 ori ginal peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North 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 Contrac tor 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 f or 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 c omply 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 fai th performance by other contractors or subcontractors toward a goal in an appr oved 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. T he Contractor shall implem ent 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 shal l ap ply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Fede ral Register in notice for m, and such notices may be obtained from any Office of Federal Contract Co mpliance Programs office or from Federal procurement contracting officers.

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

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

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees m ust be emp loyed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be 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 Contrac tor 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 sit es, 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 fore men, superintendents, and other onsite supervisory p ersonnel 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 mino rity and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contract or or its u nions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority or female ref erral from a union, a recruitment source, or community organization and of what acti on was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the uni on 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 uni on 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 1Z - Page 124
and app
renticeship and trainee progr ams relevant to the Contractor’s employment needs, especially those programs funded or a pproved 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 reques ting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy w ith all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all emp loyees at each location where constr uction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, l ayoff, termination, or other employment decisions including specifi c review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meet ings, 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 m onth 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 s election process.
j. E ncourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to m inority 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 an d evaluation at least of all minority and female personnel, f or promotional opportunitie s 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 ef fect by continually monitoring all Item 1Z - Page 125
per
sonnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and compan y activities are nonsegrega ted 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 construc tion contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, a t least annually, of all supervisor’s adherence to and per formance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their aff irmative action obligations (7a through 7p). The 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 m ore 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 indus try, ensures that the concrete benefits of the program are reflected in the Contract or’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstra tes th e effectiveness of actions taken on behalf of the Contractor. The obligat ion to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goal fo r 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 o f women is underutilized).

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

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

12. The Contractor shall carr y o ut such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as am ended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and Item 1Z - Page 126
penal
ties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its oblig ations 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 effo rts to ensure equal employment opportunity. If the Contractor fails to comply wi th t he 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, apprent ice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standard s of c ompliance or upon the appl ication 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.

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

REQUIREMENT -
Consultants and contrac tors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to p ay 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 t hat takes place in connection with obtaining any Federal award.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or ente red into. Submission of t his certification is a prer equisite 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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AA – 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 o pportunity clause, regardless of the amount of the contract.

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

Construction – Construction 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 tas ks that qualify as cons truction work as defined by 41 CFR part 60- 1. Examples include demolition of structures or installation of boundary fencing.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1Z - Page 130
F
AA – 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 Healt h Administration (OSHA) o versees the workplace healt h and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by r eference 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 res ponsibility 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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AA – 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/comprehensive - procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the pr eference for recovery of EPA- designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing f or compliance w ith the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) I s 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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AA – 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 exper imental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes exper imental, 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 sub- tier contracts involving experimental, developmental, or research work.

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

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F
AA - 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 a n 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 ser vices, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismi c 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 saf ety. 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 es tablished by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalenc y level for seismic safety.

Reference: 49 CFR Part 41
Item 1Z - Page 134
F
AA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

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

Item 1Z - Page 135
F
AA – 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 1Z - Page 136
F
AA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U. S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contrac t or subcontract for this p roject 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) h as 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 w ithin the jurisdiction of an agency of the United S tates 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 n otice to the Contractor if at any time it learns th at its certification wa s erroneous by reason of changed circumstances.

Unless the 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 a re 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 f aith, 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 fore ign country included on the list of countries that Item 1Z - Page 137
dis
criminate against U.S. firms a s published by USTR, unless the Contractor has knowledge that the certification is erroneous.

This certification is a material represent ation of f act upon which reliance was placed when making an award. If it is later d etermined that the Contractor or subcont ractor 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

Item 1Z - Page 138
F
AA – 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 supervis ory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding execut ive, administrative, and supervisory positions), the Contractor and all sub- tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. 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 veter ans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1Z - Page 139
F
AA – 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 1Z - Page 140

ATTACHMENT C

PUBLIC INTEGRITY BUSINESS DISCLOSURE
AN

SER ADVISORY
Item 1Z - Page 141

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Anser Advisory Consulting, LLC dba Anser Advisory

2. Address of Entity (Principal Place of Business)
2677 North Main Street, Suite 400, Santa Ana, CA 92705

3. Local or California Address (if different than #2)
73-710 Fred Waring Drive, #102, Palm Desert, CA 92260

4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entity also registered in California? 121 Yes D 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
_B_r..:....y_a_n_C_a_r_ru_t_h_e_rs ________ E2J Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other _ ______ ___ _
_ A_d_a_m_S_h_a_w _________ ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other _ ______ __ _
_ G_a_ry_C_o_o_l_e_y ______ _ _ _ 12! Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other _________ _ _
Item 1Z - Page 142

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.

Anser Advisory, LLC 100% Anser Advisory, LLC
[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.

S~i;~s~rinted Name, Title
Andy Kleimola, Senior Vice President
Date
7/18/2023
Item 1Z - Page 143

ATTACHMENT D

PUBLIC INTEGRITY BUSINESS DISCLOSURE
MARRS SERVICES, INC.

Item 1Z - Page 144

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)

________________________ 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 __________________________
MARRS Services, Inc.
328 E Commonwealth Ave, Fullerton, CA 92832
California

~
Rubina Chaudhary, President ~
~ President
Riaz Chaudhary, Principal ~
~ Principal

Item 1Z - Page 145

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 Riaz Cha r , Principal 07/18/2023
Item 1Z - Page 146

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

ACCEPTANCE OF $135,000 IN GRANT FUNDING FROM THE CALIFORNIA

OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS

TO THE PUBLIC
RECOMMENDATION:

Accept $135,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program for 2023/2024.

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

Attachments
Item 1AA

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF $ 135,000 IN GRANT FUNDING FROM THE

CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE

TRAFFIC ENFORCEMENT PROGRAM TO BE USED TO ENFORCE,

EDUCATE, AND BRING AWARENESS TO THE PUBLIC

FROM: Scott C. Stiles, City Manager

BY: Palm Springs Police Department

SUMMARY:

It is recommended that City Council authorize the City Manager to accept $ 135,000 in Office of Traffic Safety ( OTS) grant funding for the Police Department to utilize for a Selective Traffic Enforcement Program (STEP). The grant funds will be used to conduct DUI saturation patrols, distracted driving saturation patrols, primary collision factor saturation patrols, and DUI checkpoints. The grant funds will also be used to purchase equipment and supplies to enhance enforcement and education efforts and facilitate traffic collision documentation.

RECOMMENDATION:

1. Accept $135,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program for 2023/2024.

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

STAFF ANALYSIS:

The Police Department enforces DUI laws and educates the motoring public about the dangers of drunk or drugged driving by conducting DUI saturation patrols and checkpoints. Traffic enforcement operations are conducted on streets and at intersections with disproportionate numbers of traffic coll isions. The Department enforces distracted driving laws by conducting focused enforcement operations for these violations. These enforcement operations are labor -intensive and costly; however, t he Department has been successful in obtaining grant funding to pay for the associated personnel , equipment, and training costs. Using this grant funding, t he Police Department plans to conduct 49 special operations and will purchase a fully programmable message sign Item 1AA - Page 1
City Council Staff Report
September 14, 2023 – Page 2
Accept $135,000 in OTS Grant Funding FY23/24

board with radar that can display vehicle speed or traffic safety information and messages during OTS operations.

The Police Department was able to successfully solicit OTS funding for these community safety projects and supplies and was awarded $135,000 in grant funding.

This grant period is for a Selective Traffic Enforcement Program between October 1, 2023, and September 30, 2024.

FISCAL IMPACT
:

This is a reimbursable cost grant program. No matching funds are required to obtain this additional grant funding.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Scott Stiles

ATTACHMENTS:

A.) OTS STEP Grant Agreement PT24141
Item 1AA - Page 2
ATTACHMENT "A"
Item 1AA - Page 3
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24141

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Palm Springs From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Palm Springs Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $135,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kevin Lu
Traffic Sergeant
[email protected]
(760) 323-8105
200 South Civic Drive
Palm Springs, CA 92262
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Scott Stiles
City Manager
[email protected]
(760) 322-8362
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kristopher Mooney
Director of Finance & Treasury
[email protected]
(760) 322-8324
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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8/23/2023 7:48:47 AM Page 2 of 18

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $135,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$135,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $135,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

M81QLC23JVX5

3200 E Tahquitz Canyon Wy
Palm Springs
92262-6959
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

Item 1AA - Page 5

8/23/2023 7:48:47 AM Page 3 of 18

State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24141

1. PROBLEM STATEMENT
The Palm Springs Police Department is currently comprised of 107 sworn police officers. There are four motor officers, one DUI enforcement officer, one Detective, and a Sergeant currently assigned to the Traffic Division. The City of Palm Springs is a vacation destination with dramatic fluctuations in population throughout the year. An estimated 5 million guests visit the city annually. The numbers of personnel assigned to the Patrol and Traffic Divisions remain the same throughout the year even as the population nearly triples during the vacation season. Officers assigned to the Traffic Division investigate traffic crashes and are also responsible for issuing a majority of the traffic citations.

In 2020, the City of Palm Springs was ranked #39 out of 91 jurisdictions in the County of Riverside (Group D) for alcohol-involved fatal or injury traffic crashes by the California Office of Traffic Safety. In 2019, the City of Palm Springs was ranked #11 out of 94 jurisdictions in the County of Riverside (Group D) for alcohol- involved fatal or injury traffic crashes by the California Office of Traffic Safety.

Between January 1, 2022, and December 31, 2022, we had eleven (11) fatal traffic crashes, with a total of eleven (11) people killed. The Palm Springs Police Department investigated 346 injury traffic crashes, a 32% increase from the previous fiscal year. Of the 346 injury traffic crashes, 496 people were injured. The top three primary crash factors (PCFs) were: 1) Auto R/W Violations, 2) DUI, 3) Unsafe Speed. 188 or (52.6%) of the combined 357 injury and fatal traffic crashes occurred at intersections, 46 or (12.8%) involved pedestrians, 16 or (4.4%) involved motorcyclists, and 14 or (4%) involved bicyclists. There was a total of 33 DUI attributed traffic crashes resulting in 31 injuries and 2 fatalities. Officers conducted DUI enforcement (from OTS DUI saturation patrols, DUI checkpoints, proactive enforcement, DUI traffic crashes, and response to calls) and made 190 total DUI arrests.

Between January 1, 2021, and December 31, 2021, we had fourteen (14) fatal traffic crashes, with a total of fourteen (14) people killed. The Palm Springs Police Department investigated 262 injury traffic crashes, a 27% increase from the previous fiscal year. Of the 262 injury traffic crashes, 385 people were injured. The top three primary crash factors (PCFs) were: 1) DUI, 2) Unsafe Speed, 3) Unsafe Lane Change. Twenty- three (23) or (8%) of the combined 276 injury and fatal traffic crashes occurred at intersections, 31 or (11%) involved pedestrians, 18 or (6.5%) involved motorcyclists, and 11 or (4%) involved bicyclists. There was a total of 35 DUI attributed traffic crashes resulting in 32 injuries and 3 fatalities. Officers conducted DUI enforcement (from OTS DUI saturation patrols, DUI checkpoints, proactive enforcement, DUI traffic crashes, and response to calls) and made 203 total DUI arrests.

Between January 1, 2020, and December 31, 2020, we had six (6) fatal traffic crashes, with a total of seven (7) people killed. The Palm Springs Police Department investigated 206 injury traffic crashes, a 30% decrease from the previous fiscal year. Of the 206 injury traffic crashes, 311 people were injured. The top three primary crash factors (PCFs) were: 1) Auto R/W violations 2) Unsafe Speed 3) DUI. One-hundred forty-eight (148) or (69%) of the combined 212 injury and fatal traffic crashes occurred at intersections, 11 or (5%) involved pedestrians, 7 or (3%) involved motorcyclists, and 9 or (4%) involved bicyclists. There was a total of 41 DUI attributed traffic crashes resulting in 13 injuries and 0 fatality. Officers conducted DUI enforcement (from OTS DUI saturation patrols, DUI checkpoints, proactive enforcement, DUI traffic crashes, and response to calls) and made 111 total DUI arrests.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

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8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 9. Conduct DUI Saturation Patrol operation(s). 11

10. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
1 11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
14 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 3 Item 1AA - Page 7

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14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 16. Participate in highly visible collaborative DUI Enforcement operations. 2

17. Participate in highly visible collaborative Traffic Enforcement operations. 2

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The Item 1AA - Page 8

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OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

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5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24141

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-24 20.600 State and Community Highway
Safety
$70,000.00
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$65,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $6,500.00 6 $39,000.00
DUI Saturation Patrols 164AL-24 $1,500.00 11 $16,500.00 Warrant Service Operations 164AL-24 $1,500.00 1 $1,500.00 Collaborative DUI Enforcement 164AL-24 $1,175.00 2 $2,350.00 Traffic Enforcement 402PT-24 $1,440.00 14 $20,160.00
Distracted Driving 402PT-24 $1,440.00 4 $5,760.00
Motorcycle Safety 402PT-24 $1,440.00 3 $4,320.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,440.00 4 $5,760.00 Collaborative Traffic Enforcement 402PT-24 $1,175.00 2 $2,350.00 Traffic Safety Education 402PT-24 $720.00 2 $1,440.00
Category Sub-Total $99,140.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $5,215.00 1 $5,215.00
$0.00
Category Sub-Total $5,215.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Changeable Message Sign Trailer with
Radar
402PT-24 $20,000.00 1 $20,000.00
Category Sub-Total $20,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $2,500.00 1 $2,500.00
Phlebotomist 164AL-24 $525.00 6 $3,150.00
Drone Software 402PT-24 $4,995.00 1 $4,995.00
Category Sub-Total $10,645.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $135,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24141

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
Changeable Message Sign Trailer with Radar - Fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations.

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

Drone Software - Digital mapping software to be used in conjunction with a department supplied drone.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24141

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens 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, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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§ 2 i .23(b) and (e) of __
to as DOT Order 1050.2A)

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agenc y, 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; Item 1AA - Page 17

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2. 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;

3. 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, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance w as 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.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective par ticipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Item 1AA - Page 18

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. 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 clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance w as placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, pers on, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Item 1AA - Page 19

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its prin cipals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. 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 clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall projec t contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

Item 1AA - Page 20

8/23/2023 7:48:47 AM Page 18 of 18

DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because o f any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Mes saging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Item 1AA - Page 21

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 22001221 IN AN AMOUNT NOT TO EXCEED $96,820 WITH STANTEC CONSULTING SERVICES FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07 RECOMMENDATION:

Authorize an increase to Purchase Order No. 22001221 in an amount not to exceed $96,820 with Stantec Consulting Services, an ‘on-call’ firm for wastewater engineering services during construction.

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

Attachments
Item 1BB

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 22001221 IN AN AMOUNT NOT TO EXCEED $96,820 WITH STANTEC CONSULTING

SERVICES FOR THE WASTEWATER TREATMENT PLANT (WWTP)
DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of this item will allow the City to proceed with the replacement of the Digester No. 2, Gas Flare and upgrades to the Filtrate Pump Station at the Wastewater Treatment Plant and meet South Coast Air Quality Management District’s (AQMD) requirements .

The additional services are needed to meet new air quality requirements.

RECOMMENDATION:

1. Authorize an increase to Purchase Order No. 22001221 in an amount not to exceed $96,820 with Stantec Consulting Services (“Stantec”), an ‘on-call’ firm for wastewater engineering services during construction.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Stantec is included as Attachment A.

BACKGROUND:

In order to reduce sulfur oxides, AQMD passed Rule 431.1 , Sulfur Content of Gaseous Fuels. The new rule affects the City’s flare permit to operate at the Wastewater Treatment Plant. To meet the new rule, the City requested assistance from Stantec to meet AQMD’s new permit requirements to operate the flare.

Item 1BB - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
PO Increase for CP 20-25 and 21-07

STAFF ANALYSIS:

On July 5, 2023, Stantec submitted a formal proposal for the additional services at the WWTP Digester No. 2, Waste Gas Flare & Filtrate Pump Station Project. Included in the formal proposal is professional services for a total not -to-exceed amount of $96,820. A copy of their proposal is included as Attachment B.

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 City of Palm Springs Wastewater Treatment Plant Digester No. 2, Gas Flare and Filtrate Pump Station Improvement Project, City Projects No. 20- 25 and 21- 07, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 2A, Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Wastewater Fund. The Project is a part of the 2021 Wastewater Capital Rehabilitation and Repair Plan, which identifies capital projects directly related to the City’s WWTP or sanitary sewer collection system. Projects identified in the plan are paid for by sewer fees collected by the City.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Stantec Proposal dated July 5, 2023

Item 1BB - Page 2

Attachment A
Item 1BB - Page 3
Stantec City of Palm Springs | On-Call Wastewater Engineering Design Services SOQ | Page 62

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State ,IRWKHUWKDQ&DOLIRUQLDLVWKH(QWLW\DOVRUHJLVWHUHGLQ&DOLIRUQLD" 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) _______________________________________________ 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
Attachment E
Item 1BB - Page 4
Stantec Consulting Services Inc.
50 West 23rd Street, 8th Floor
New York, NY 10010
300 North Lake Avenue, Suite 400, Pasadena, CA 91101
New York
fXI n
00
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 Please see attached

n n
Stantec City of Palm Springs | On-Call Wastewater Engineering Design Services SOQ | Page 63 Other _______________________________

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

EXAMPLE
[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.
6LJQDWXUHRI'LVFORVLQJ3DUW\3ULQWHG1DPH7LWOH 'DWH Item 1BB - Page 5

JANE DOE 50%, ABC COMPANY, Inc.

Mustang Acquisition Holding Inc. 100%
v~
Venu Kolli, Principal, Area Manager May 5, 2020

Attachment B
Item 1BB - Page 6
Stantec Consulting Services Inc.
300 North Lake Avenue Suite 400, Pasadena CA 91101-4169

July 5, 2023
File: 184031634
Attention: Mr. Andrew Crider, PE
Senior Engineer
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Crider,
Reference:

Proposal for Design Change Order for WWTP Digester No. 2, Waste Gas Flare, & Filtrate PS Improvements Project No. 20-25 and 21-07 - Chemical Dosing System
We are pleased to provide you with this letter proposal to amend Engineering Services During Construction contract between Stantec Consulting Services (Stantec) and the City of Palms Springs (City) to provide professional engineering services for performing the design of a new ferrous chloride dosing system for the Palm Springs WWTP Digesters. Our proposed scope of services is based on the email communications with the City.

PROJECT BACKGROUND
The South Coast Air Quality Management District (SCAQMD) issued a draft permit for the new digester waste gas flare which requires the Palm Springs Wastewater Treatment Plant (WWTP) to remove sulfur, in accordance with SCAQMD Rule 431.1, prior burning waste gas. As defined in Rule 431.1 (c)(2), sulfur compounds shall be less than 40 ppm (as measured by hydrogen sulfide, H 2S). Further, Rule 431.1 (g)(8)
states that the gas flare is exempt from sulfur limitations, if it emits less than 5 lb-H2S/day.

Currently, the WWTP is producing an average digester gas air flow rate of approximately 40 cfm with an H
2S concentration of 2100 ppm. At this flow rate, the H2S concentration will need to be reduced to 900 ppm, in order to remain below the exemption threshold of 5 lb-H2S/day. The flare is designed to handle a future peak flow of 300 cfm, which requires H2S concentrations to remain below 120 ppm to stay below 5 lb- H2S/day.

The City has chosen the option of dosing ferrous chloride into the digesters to reduce digester gas sulfur concentrations. This method was chosen for its simplicity of operation, and the flexibility of dosing rates that can change based on plant optimization and historical knowledge. The ferrous chloride dosage can be increased or decreased based on the outlet H
2S concentration.

SCOPE OF SERVICES
Stantec will perform the following specific tasks to conduct the work of this project:

Item 1BB - Page 7
() Stantec
Design with communi ty in mind
July 5, 2023
Mr. Andrew Crider, PE

Page 2 of 3 ends

Palm Springs City CouncilSeptember 14, 2023

Palm Springs City Council
September 14, 2023