Palm Springs City Council
September 14, 2023

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

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

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

SEPTEMBER 14, 2023

4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

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

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

Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

4:00 P.M. CLOSED SESSION

CALL TO ORDER:

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

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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

The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) September 14, 2023 City Council Regular Meeting Agenda 2 PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

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

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

By motion, find that:

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

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

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

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

B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
RECOMMENDATION:

Appoint Dave Banks to the Palm Springs International Airport Commission, effective immediately, to a term expiring on June 30, 2026.

1. Appoint Jase Nagaia to the Parks & Recreation Commission, effective immediately, to a term expiring on June 30, 2026.

2. Accept the resignation of Patricia Pierce from the Administrative Appeals Board effective immediately.

3. Accept the resignation of Stephen Moses from the Administrative Appeals Board effective immediately.

4. Accept the resignation of Scott G. Miller from the Palm Springs International Airport Commission effective immediately.

5. Accept the resignation of Katherine Hatch from the Parks & Recreation Commission effective immediately.

6. C. APPROVAL OF MINUTES:

September 14, 2023 City Council Regular Meeting Agenda 3 C. APPROVAL OF MINUTES:

RECOMMENDATION:

Approve the City Council Meeting Minutes of June 29, July 10, and July 24, 2023.

D. DESIGNATION OF THE CITY’S VOTING DELEGATE AND ALTERNATES AT

THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS

MEETING
RECOMMENDATION:

Designate Mayor Grace Garner as the voting delegate, and Mayor Pro Tem Jeffrey Bernstein and Councilmember Lisa Middleton as alternate voting delegates, to represent the City at the 2023 League of California Cities Annual Conference Business Meeting and authorize the City Clerk to sign the attached 2023 Annual Conference Voting Delegate/Alternate Form.

E. ACCEPTANCE OF THE DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS PHASE 2 AND AIR CONDITIONING INSTALLATION, CITY PROJECT NO. 19-14
RECOMMENDATION:

Accept the public works improvement, identified as the Demuth Community Center Egress & HVAC Improvements, City Project 19-14, as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14.

2. F. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL AND PLAN REVIEW SERVICES RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. 23E111 with 4Leaf, Inc., to provide continued interim building official and plan review services in an additional amount of $100,000 for a total revised contract amount not to exceed $214,400.

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

G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9152 WITH UPBEAT September 14, 2023 City Council Regular Meeting Agenda 4 G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9152 WITH UPBEAT

PARADE PRODUCTIONS, INC, FOR ADDITIONAL SERVICES FOR THE PALM

SPRINGS VETERANS DAY PARADE AND THE PALM SPRINGS FESTIVAL OF

LIGHTS PARADE
RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. -A9152 with Upbeat Parade Productions, Inc., to provide additional curated services for the Palm Springs Festival of Lights Parade and the Palm Springs Veterans Day Parade in the amount of $360,000 for a total revised contract amount not to exceed $557,000.

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

H. APPROVE AMENDMENT NO. 2 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9092 WITH ALCLEAR, LLC DBA CLEAR AT THE

PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No. A9092 (Attachment A) with Alclear, LLC dba CLEAR to increase the terminal leased space commencing on April 1, 2023, through March 31, 2024, at a monthly rental rate of $7,559.56.

1. Authorize the Airport Executive Director to approve up to one one-year extension commencing on April 1, 2024, if mutually agreed upon.

2. Authorize the City Manager or City Manager Designee to execute all documents.

3. I. PURCHASE OF LIBRARY MAGAZINES AND NEWSPAPERS WITH EBSCO

INFORMATION SERVICES, LLC FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $75,000
RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

J. APPROVAL OF AMENDMENT NO. 1 TO LEASE AGREEMENT NO. A5666

WITH THE GENERAL SERVICES ADMINISTRATION FOR THE

TRANSPORTATION SECURITY ADMINISTRATION TERMINAL OFFICE SPACE

LEASE AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 1 to Lease Agreement No. A5666 with the General Services Administration for a five-year lease extension for the TSA terminal office lease of 6,653 square feet, commencing October 1, 2023, through September 30, 2028, generating $904,808 in annual rent.

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

K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B128 WITH SOUTH September 14, 2023 City Council Regular Meeting Agenda 5 K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B128 WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR AIRPORT AUTOMATIC ROLLING

GATES AND DOOR REPAIR SERVICES
RECOMMENDATION:

Approve Contract Services Agreement 23B128 (Attachment A) with South Coast Industrial Door, Inc. to provide on-call automatic rolling gates and door repair services at the Palm Springs International Airport in an amount not to exceed $400,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion.

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

2. L. AUTHORIZE THE PURCHASE OF NINE (9) NEW VEHICLES AND EQUIPMENT RECOMMENDATION:

Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 3 Ford Mustang Mach E electric vehicles in an amount not to exceed $164,611.95.

1. Approve the issuance of a purchase order to National Auto Fleet Group, for the purchase of 6 Ford F-150 XL Hybrid 4WD SuperCrew vehicles in an amount not to exceed $378,005.36.

2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code.

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

M. APPROVE A LICENSE AGREEMENT WITH EBSCO INFORMATION SERVICES,

LLC FOR FIVE YEARS OF ACCESS TO ELECTRONIC MAGAZINE AND

NEWSPAPER ARTICLES
RECOMMENDATION:

Approve a five-year license agreement with EBSCO in the amount of $57,921 for cataloging, metadata, and interlibrary loan services.

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

September 14, 2023 City Council Regular Meeting Agenda 6

N. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20000738 IN AN AMOUNT NOT TO EXCEED $120,160 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE CITY OF PALM SPRINGS STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15
RECOMMENDATION:

Authorize an increase to Purchase Order No. 20000738 in an amount not to exceed $120,160 with Engineering Resources of Southern California, Inc., an “on-call” civil engineering firm, for post-design and construction support services during construction.

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

O. APPROVE AGREEMENT WITH LEADS ONLINE FOR THREE YEARS OF

INVESTIGATIVE TOOLS
RECOMMENDATION:

Approve a three-year agreement with Leads Online in the amount of $23,698 for investigative tools.

1. Authorize the City Manager to execute all necessary documents in a form approved by the City Manager and City Attorney.

2. P. A REQUEST BY REN ACQUISITION INC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL WINE (TYPE 20 – OFF-SALE GENERAL) AT A WINE BAR AND RESTAURANT, LOCATED AT 175 NORTH PALM CANYON DRIVE (APN: 513-560-043), ZONE CBD (CASE PCN-2023-0007) RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR REN ACQUISITION INC. LOCATED AT 175 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 0446.06.”

September 14, 2023 City Council Regular Meeting Agenda 7

Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P188 WITH
NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC., FOR CDBG HOME

REHABILITATION PROGRAM
RECOMMENDATION:

Approve Contract Services Agreement No. 23P188 with Neighborhood Partnership Housing Services, Inc., to provide CDBG home rehabilitation program for a one-year term in an amount not to exceed $412,266 beginning October 1, 2023, through September 30, 2024.

1. Approve the CDBG Owner Occupied Home Rehabilitation Program Guidelines.2.

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

R. APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24 AND FISCAL YEAR 2024-25 RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1

TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”

1. Authorize the City Manager to execute all documents necessary to effectuate this action.

2. S. SECOND READING AND ADOPTION OF ORDINANCE 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF

THE PALM SPRING MUNICIPAL CODE REGARDING THE HOTEL OPERATIONS

INCENTIVE PROGRAM
RECOMMENDATION:

Waive the second reading of the text in its entirety and adopt Ordinance No. 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.”

September 14, 2023 City Council Regular Meeting Agenda 8

T. APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC. (A6191B), A CALIFORNIA CORPORATION, IN THE AMOUNT OF $831,067.22, FOR THE VISTA CHINO

LOW-WATER CROSSING BRIDGE AT THE WHITEWATER RIVER, CITY PROJECT NO 10-10, FEDERAL AID PROJECT NO. BR-NBIL (513) RECOMMENDATION:

Approve Amendment No. 3 in the amount of $831,067.22 to Professional Services Agreement No. 6191B, for a new not-to-exceed amount of $6,479,452.92 with CNS Engineers for the Vista Chino Low-Water Crossing Bridge at the Whitewater River, City Project No. 10-10, Federal Aid Project No BR-NBIL513.

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

U. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN LIBRARY
RENOVATIONS, AND 19-18, JC FREY BUILDING REHABILITATION PHASE 1 RECOMMENDATION:

Approve Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide architectural design services for an amount not to exceed $1,838,898 for Phase 1 of the project.

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

V. AUTHORIZE ISSUANCE OF A LETTER IN SUPPORT OF SENATE BILL 244 –

THE RIGHT TO REPAIR ACT
RECOMMENDATION:

Authorize issuance of a letter in support of Senate Bill 244, supporting the Right to Repair Act.

W. APPROVE BENEFIT PLAN AND SERVICE AGREEMENTS FOR EMPLOYEE

GROUP HEALTH COVERAGE
RECOMMENDATION:

Approve employee benefit plan and service agreements for group health insurance coverage.

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

X. AWARD TWO SERVICE AGREEMENTS FOR ON-CALL RECRUITMENT September 14, 2023 City Council Regular Meeting Agenda 9 X. AWARD TWO SERVICE AGREEMENTS FOR ON-CALL RECRUITMENT

SERVICES FOR EXECUTIVE STAFF
RECOMMENDATION:

Award an on-call recruitment services agreement with Mosaic Public Partners LLC for general department recruiting services for executive staff for a term of four years, not to exceed $210,000.

1. Award an on-call recruitment services agreement with Jacob Green & Associates, Inc. for aviation recruiting services for executive staff for a term of four years, not to exceed $168,000.

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

Y. 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.

Z. 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.

AA. 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.

BB. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 22001221 IN AN September 14, 2023 City Council Regular Meeting Agenda 10 BB. 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. CC. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT 23P184 TO KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $649,179 FOR DESIGN SERVICES FOR THE DEMUTH PARK DEVELOPMENT PROJECT, CITY PROJECT NO. 21-16
RECOMMENDATION:

Approve Professional Services Agreement 23P184 with Kimley-Horn and Associates, Inc. in an amount not to exceed $649,179 for design services for the Demuth Park enhancement project, City Project 21-16.

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

DD. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $948,324.50 FOR BARISTO SEWER LINE REHABILITATION, CITY PROJECT 23-15
RECOMMENDATION:

Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $948,324.50 for the Baristo Sewer Line Rehabilitation, City Project 23-15.

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

September 14, 2023 City Council Regular Meeting Agenda 11

EE. APPROVE INTERGOVERNMENTAL/COOPERATIVE SERVICE AGREEMENT NO. 23G199 WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES

FOR A WILDLIFE BIOLOGIST TO MINIMIZE AND REDUCE THE THREATS OF

WILDLIFE TO HUMAN HEALTH AND SAFETY
RECOMMENDATION:

Approve Intergovernmental/Cooperative Service Agreement No. 23G199 with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) to provide a federally qualified Wildlife Service (WS) biologist to minimize and reduce the threats of wildlife to human health and safety in an amount not to exceed $434,017.71 for a five-year term beginning October 1, 2023, through July September 30, 2028.

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

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

2. PUBLIC HEARINGS:

A. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE

ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL
CODES (CASE 5.1466 ZTA)
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Introduce by title only and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE

PALM SPRINGS MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND
DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).”

2. B. A REQUEST BY THE CITY OF PALM SPRINGS FOR A PROPOSED AMENDMENT TO HISTORIC DISTRICT #1, “THE LAS PALMAS BUSINESS HISTORIC DISTRICT” (“LPBHD”) (CASE HSPB 30; HD-1)
RECOMMENDATION:

Open the public hearing and receive testimony. 1.

Close the public hearing and adopt a Resolution entitled, “A RESOLUTION

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

AMENDING THE LAS PALMAS BUSINESS HISTORIC DISTRICT
(“LPBHD”) CASE HSPB 30 / HD-1 SUBJECT TO CONDITIONS.”

2. September 14, 2023 City Council Regular Meeting Agenda 12 C. APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION, CANNABIS PERMIT NO. C-2019-096
RECOMMENDATION:

Open the public hearing and receive public testimony and evidence.1.

Deny an extension by adopting a Resolution entitled, “A RESOLUTION OF

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

THE APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF
CONDITIONAL CANNABIS PERMIT NO. C-2019-096”.

2. 3. BUSINESS & LEGISLATIVE:

A. APPROVE A SECOND AMENDMENT TO THE LEASE WITH COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE AT 3111 EAST

TAHQUITZ CANYON WAY
RECOMMENDATION:

Approve Amendment No. 2 for the lease with Coachella Valley Economic Partnership for space located at 3111 East Tahquitz Canyon Way, reducing the amount of space they lease and to allow rental credits for property management services (Agreement A6037).

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

B. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM

SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION RECOMMENDATION:

Waive the second reading of text in its entirety, ready by title only, and adopt Ordinance No. 2077, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM

SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946, AND AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION.”

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

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

September 14, 2023 City Council Regular Meeting Agenda 13

ADJOURNMENT:

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

City of Palm Springs )

I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on September 8, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree,
City Clerk

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

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

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

September 14, 2023 City Council Regular Meeting Agenda 14

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:
4:00 P.M. CLOSED SESSION
Attachments
2023-09-14 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, September 14, 2023 – 4:00 p.m.

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

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

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

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION G.C 54956.9(d)(1)

L.S. and I.S., Minors by and through their Guardian ad litem, Kadis Spann, individually and as successors-in-interest of David C. Spann, et al. v. Bankers Surety Services, Inc. et al., Riv. Sup. Ct.

Case No. CVRI2200196.

CONFERENCE WITH LE GAL COUNSEL—SIGNIFICANT EXPOSURE TO LITIGATION G.C § 54956.9(d)(2)

Two (2) matters that, in the opinion of the City Council on the advice of the City Attorney, based on existing facts and circumstances, there is significant exposure to litigation against the City.

CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION G.C 54956.9(d)(4)

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

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

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

By motion, find that:

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

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

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

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

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: September 14, 2023 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM:

BY:

Scott C. Stiles, City Manager
Brenda Pree, City Clerk
RECOMMENDATION:

By motion, find that:

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

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

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

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

BACKGROUND:

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

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

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

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

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

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

Item 1A - Page 2
City Council Staff Report
September 14, 2023 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make thes e findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

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

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
RECOMMENDATION:

Appoint Dave Banks to the Palm Springs International Airport Commission, effective immediately, to a term expiring on June 30, 2026.

1. Appoint Jase Nagaia to the Parks & Recreation Commission, effective immediately, to a term expiring on June 30, 2026.

2. Accept the resignation of Patricia Pierce from the Administrative Appeals Board effective immediately.

3. Accept the resignation of Stephen Moses from the Administrative Appeals Board effective immediately.

4. Accept the resignation of Scott G. Miller from the Palm Springs International Airport Commission effective immediately.

5. Accept the resignation of Katherine Hatch from the Parks & Recreation Commission effective immediately.

6. Attachments
Item 1B

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

1. Appoint Dave Banks to the Palm Springs International Airport Commission, effective immediately, to a term expiring on June 30, 2026.

2. Appoint Jase Nagaia to the Parks & Recreation Commission, effective immediately , to a term expiring on June 30, 2026.

3. Accept the resignation of Patricia Pierce from the Administrative Appeals Board effective immediately.

4. Accept the resignation of Stephen Moses from the Administrative Appeals Board effective immediately.

5. Accept the resignation of Scott G. Miller from the Palm Springs International Airport Commission effective immediately.

6. Accept the resignation of Katherine Hatch from the Parks & Recreation Commission effective immediately.

BACKGROUND:

The City Council appointed Mayor Garner and Mayor Pro Tem Bernstein to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. The Subcommittee’s recommendations are provided as noted above.

At this time, all Boards and Commissions seats have been filled, with the exception of two (2) alternate vacancies within the Admin istrative Appeals Board. The next open recruitment is scheduled between March 2024 through April 2024.

FISCAL IMPACT:

None.

Item 1B - Page 1
City Council Staff Report
September 14, 2023 – Page 2
Appointments to Various Boards and Commissions

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Board & Commission Rosters
B. Email Resignation from Patricia Pierce
C. Email Resignation from Stephen Moses
D. Resignation Letter from Scott G. Miller
E. Email Resignation from Katherine Hatch

Item 1B - Page 2

ATTACHMENT A

Item 1B - Page 3

AIRPORT COMMISSION, PALM SPRINGS INTERNATIONAL

Member Original Appointment Expires
Margaret Park, County of Riverside July 01, 2023 June 30, 2026 Robert Berriman, City of Indian Wells July 01, 2023 June 30, 2026 Kathleen Hughes, City of La Quinta June 21, 2017 June 30, 2024 Jan Pye, City of Desert Hot Springs July 11, 2018 January 17, 2025 Denise Delgado, City of Coachella January 25, 2023 January 25, 2024 Rick Wise, City of Indio April 1, 2023 April 1, 2026
Tony Michaelis, City of Cathedral City January 12, 2023 June 30, 2024 Kevin Wiseman, City of Palm Desert January 13, 2022 June 30, 2024 Keith Young, City of Rancho Mirage March 2, 2023 July 1, 2024 Kevin Corcoran* December 19, 2018 June 30, 2024
Aftab Dada* December 13, 2017 June 30, 2024
Gerald Adams June 19, 2019 June 30, 2025
Todd Burke June 19, 2019 June 30, 2025
David Feltman June 19, 2019 June 30, 2025
Manuel Guillermo Suero* December 19, 2018 June 30, 2024 Tracy Martin May 25, 2023 June 30, 2026
Daniel Caldwell May 25, 2023 June 30, 2026
J Craig Fong May 25, 2023 June 30, 2026
Vacant - -

ADMINISTRATIVE APPEALS BOARD

Member Original Appointment Expires
Michael Paonessa September 20, 2018 June 30, 2025
Patrick Basile April 8, 2021 June 30, 2024
Jocelyn Kane* January 1, 2019 June 30, 2024
Wayne Sinclair* January 1, 2019 June 30, 2024
David Parker June 29, 2023 June 30, 2026
Vacant (alt)
Vacant (alt)

PARKS & RECREATION COMMISSION

Member Original Appointment Expires
Johnny Coladonato* March 7, 2018 June 30, 2025
Jerry Joseph Alcorn August 6, 2020 June 30, 2026
Michael Finland July 22, 2021 June 30, 2024
Susan Meyer June 24, 2021 June 30, 2024
John Miraglia April 8, 2021 June 30, 2024
Christopher Spellman June 24, 2021 June 30, 2024
Scott Page May 25, 2023 June 30, 2026
Rod Davis July 24, 2023 June 30, 2026
Donald Admire May 25, 2023 June 30, 2026
Jodi Diaz (PSUSD) July 10, 2023 June 30, 2026
Vacant

Item 1B - Page 4

ATTACHMENT B

Item 1B - Page 5

Item 1B - Page 6
From:

To:

Cc:

Subject:

Date:

Attachments :

Patricia Pierce
Brenda Pree; cassandra Fdoev
Evelyn Beltran; Breot Rasi
Re: Required Forms Needed
Wednesday, August 9, 2023 10:58:22 AM
imageOOl.ong
NOTICE: This message originat ed outside of The City of Palm Springs -- DO NOT CLICK on links or open attachme nts un less you are sure the content is safe.

Hello All,
While I was pleased to be selected to serve on a PS Board, unfortunate ly, I have encountered health issues that preclude me from continuing on as an alternate on the Appeals Board.

Patricia Pierce

ATTACHMENT C

Item 1B - Page 7

Item 1B - Page 8
From:

To:

Cc:

Stephen Moses
Stenbeo Moses
Subject:

Abraham Galvan 5anchez; Cassandra Edne:v
Re: Administrative Appeals Board
Date: Monday, August 14, 2023 6:22:00 PM
NOTICE: This message o riginat ed o utside of Th e City of Palm Springs -- DO NOT CLICK on links or o pen attachments un less yo u are su re th e cont ent is saf e.

Thank you both for your caring considera tion. Based on the preceding conversation, I hereby submit my resignation from the Palm Springs Appeals Board .

I do so with both joy and sadnes s. Sadness because I have been honored to serve . Joy because I have been blessed to make new friends with my impressi ve colleague s.

On Aug 14, 2023, at 5:10 PM, Stephen Moses <stephen@stephenmoses .com> wrote:

As of yesterday, august 14, 2023, I had 2 residen ts, one in Palm Springs, one in Rancho Mirage . As of September 1, I shall only have one: Rancho Mirage. \Vhat do you advise/recommend?
Sent from my iPhone
On Aug 14, 2023, at 4:30 PM, Abe Galvan Sanchez
<Abraham .GalvanSanchez @bbklaw.com> wrote:

Hi All,
My apologies fo r the delayed response . As Cassandra noted, the Mun icipal Code requ ires that all Board Members either reside, work, or go to schoo l w it hin the City. (See Palm Springs Municipal Code, §

2.06.0 10, subd . (e) ["Each membe r shall eithe r: reside, work or go to schoo l w ithin the City of Palm Springs. For purposes of this requ irement , "work" may consist of emp loymen t at a physical locat ion w ithin t he City or an owne rship interest of least twenty percent (20%) of a business that is physically located with in the City" ].) Accordingly, if Board Mem ber Moses no longer resides, wo rks, or goes to schoo l in the City, t hen he is no longe r eligible to serve on the Adm inistrat ive Appeals Board.

Best,
Abe

ATTACHMENT D

Item 1B - Page 9

Item 1B - Page 10
Ms. Brenda Pree
Palm Springs City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Pree:

July 23, 2023
Doing your civic duty is something I have always valued and cared for, and felt proud to do, be it as a federal grand jury member, a local red cross volun teer, or as a Commissioner for the City of Palm Springs. Aftertwo years on the Palm Springs International Airport Commission, I have decided to resign my appoin tment effective July 24. 2023.

I do not take this action lightly. However, my time commi tments elsewhere have increased significantly , and I cannot spend the time needed to serve the City Council and the Citizens of Palm Springs as much as a commissioner should .

As I depart, I hope the City Council might pause and reflect on what is going on with the Commission and understand the Municipal Code requires the Airport Commission to make recommendations to the City Council on the largest Enterprise Fund operation the City has.

Over the last several years, many issues have cropped up. Many of the issues I speak of have been documen ted by current and former Airpo rt Commissioners and staff and given to Councilmembers to work with in the past.

The current system is at times inefficient, ineffective and many times does not meet business operational nor public administration standards which is required for any truly successful government enterprise fund to meet the public good. Things need to change, and the City Council is the only authority tha t can do tha t. Perhaps, like other City of Palm Springs Departments in the past, the City Council should commission an independent review of the Palm Springs International Airport (not an FAA long range strategic planning review that is currently going on) but a separate one loo king at things like curren t airport practices, operations and procedures , commission structure and duties, communica tion links bet ween the City Council, the Commission and Staff, resident and special interest group participation in airport activities , etc. An independen t comprehensive report might be very enlightening to the City Council, the new City Manager, and the residents of Palm Springs.

No matter what the City Council finally decides, I want to thank the City Council for the oppo rtunity to serve and I wish the City Council good luck in creating a better future for the Commission, the Airport, and the public .

Respectfully,
Scott G Miller, PhD

ATTACHMENT E

Item 1B - Page 11

Item 1B - Page 12
From: Katheline Morgan Hatch
To: Evelvn Beltran
Subject: Conflict re appointment
Date : Thursday, July 20, 2023 11:50:25 AM
NOTICE: Tl-is message originat ed outside of The City of Palm Springs -- DO NOT CLICK on links or open attad,n,ents unless you are sure the cont ent is safe.

Hi Evelyn,
Regrettably, I ca1mot proceed with my position on the Parks and Recs Conm1ission . I have j oined a 501(c)3 to advocate for the parks in palm springs , which I believe creates a conflict with a role on the commission .

Addi tionally, due to p1ivacy issues, my spouse and I are not comfor table disclosing the requested financia l infonna tion as a public document.

Please let me know should you require anything farther from me. I'm so pleased to have been considered and regre t that I will not be able to participate .

Katherine Hatch

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVAL OF MINUTES:

RECOMMENDATION:

Approve the City Council Meeting Minutes of June 29, July 10, and July 24, 2023.

Attachments
Item 1C

Thursday, June 29, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

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

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, June 29, 2023, at 5:32 p.m.

PLEDGE OF ALLEGIANCE:

Hailey Ambrose, elementary school student, led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

City Staff Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy

Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

• SOUTHERN CALIFORNIA EDISON

Melissa Boyd, Southern California Edison’s Government Relations Manager, provided a presentation on grid reliability and outages.

ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1G, 1M, 1S, and 1EE for separate discussion, and reordering Item Nos . 3A, 3B, and 3C to be considered prior to Public Hearings; and recusal from Mayor Pro Tem Bernstein on Item No. 1DD.

Item 1C - Page 1
City Council Minutes June 29, 2023

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of June 29, 2023, was called to order by Mayor Garner at 4:00 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:

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

Under existing facts and circumstances, there are two (2) matters.

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

Under existing facts and circumstances, there are two (2) matters.

PUBLIC TESTIMONY:

Bill Mitchell, Brad Anderson, Nona Watson, Kevin Blessing, Bruce Juenger, Michael Hothorn, William Marta, Patrick Gunn, Lars Holm, and Ginny Foat provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 (WITH RECUSAL FROM MAYOR PRO TEM BERNSTEIN ON ITEM NO. 1DD), to approve the consent calendar with 1G, 1M, 1S, and 1EE pulled for further discussion.

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

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, by motion, find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

Item 1C - Page 2
City Council Minutes June 29, 2023

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of April 27, May 8, May 11, May 25, and June 5, 2023.

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2023

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to r eceive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2023.

D. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to a dopt Resolution No. 25121, entitled , “A

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

CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS /
DISBURSEMENTS FOR THE PERIOD ENDING 04 -29-23 AND 05-13-23 TOTALING $4,398,245.83 AND ACCOUNTS PAYABLE WARRANTS DATED 04 - 27-23 AND 05-11-23 TOTALING $10,035,649.04, IN THE AGGREGATE AMOUNT OF $14,433,894.87, DRAWN ON BANK OF AMERICA.

E. AUTHORIZE THE PURCHASE OF ONE (1) NEW AIRCRAFT RESCUE AND

FIREFIGHTING (ARFF) TRUCK AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $1,240,370.76

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve the issuance of a purchase order to Oshkosh Corporation, for the purchase of one new Aircraft Rescue and Firefighting (ARFF) truck and equipment in an amount not to exceed $1,127,609.78, inclusive of sales tax;

2. Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $112,760.98 (10%);

3. After delivery of the new vehicle, declare existing vehicle being replaced as surplus and seek approval from the FAA to authorize the Fleet Maintenance Manager to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,

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

F. AUTHORIZE CHANGE ORDER IN THE AMOUNT OF $147,017.62 FOR

MODIFICATIONS FOR TWO NEW FIRE DEPARTMENT WILDLAND UNITS (FIRE ATTACK ENGINES)

Item 1C - Page 3
City Council Minutes June 29, 2023

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve the issuance of a purchase order to Boise Mobile Equipment for the change order modifications of two Fire Department Wildland Units (Fire Attack Engines) in an amount not to exceed $147,017.62.

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

G. APPROVE AMENDMENT NO. 2 TO AGREEMENT (A9035) WITH JNS MEDIA SPECIALISTS, INC., DBA JNS NEXT CREATIVE & MEDIA HUB FOR ON-

CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA SERVICES

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

H. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 23I037 WITH ON DUTY HE ALTH FOR FIREFIGHTER HEALTH AND

FITNESS ASSESSMENTS

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Amendment No. 1 to Contract Services Agreement 23I037 with On-Duty Health for NFPA-1582 Firefighter health and fitness assessments for up to 95 members for the City of Palm Springs Fire Department, in an amount of $138,415.00.

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

I. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9157 WITH PALM SPRINGS MOTORS, INC., FOR AUTOMOTIVE PARTS AND SUPPLIES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Amendment No. 1 to Agreement No. A9157 with Palm Springs Motors, Inc., to provide automotive parts and supplies in an additional amount of $125,000 for a total revised contract amount not to exceed $200,000.

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

J. RESOLUTION ACCEPTING THE FIRE DEPARTMENT REPORT ON

COMPLIANCE WITH STATE INSPECTION MANDATES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Adopt Resolution No. 25122, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING

THE FIRE DEPARTMENT REPORT ON COMPLIANCE WITH STATE
INSPECTION MANDATES” pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

Item 1C - Page 4
City Council Minutes June 29, 2023

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

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

K. APPROVAL OF COMMUNICATIONS FACILITY LICENSE AGREEMENT

WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR A NON-

EXCLUSIVE LICENSE TO INSTALL, OPERATE AND MAINTAIN A

COMMUNICATIONS FACILITY AT CITY- OWNED PROPERTY LOCATED AT 275 SOUTH INDIAN CANYON DRIVE

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve a Communications License Agreement by and between New Cingular PCS Wireless, LLC, and the City of Palm Springs for non-exclusive use of ground space at City-owned property at 275 South Indian Canyon Drive.

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

L. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2023 -24; AUTHORIZE A

TWO-YEAR EXTENSION OF TERM TO INSURANCE BROKERAGE

SERVICES AGREEMENT WITH KEENAN & ASSOCIATES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize Keenan & Associates, as the City’s Broker of Record, to Purchase Property, Earthquake/Flood (Diff erence in Condition (“DIC”)), Excess Liability, Excess Workers’ Compensation, Airport Liability, Village -Fest Liability, Multi-Media Liability, Crime/Fidelity and Cyber Liability Insurance Policies from various carriers for Policy Year 2023/2024, effective July 1, 2023, and authorize a two (2) year extension of the term of the agreement for brokerage services with Keenan & Associates.

M. ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES
COMMISSION IN AN AMOUNT UP TO $233,500 AND APPROVE CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN PACIFIC, INC. FOR

BROADBAND MASTER PLAN

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

N. APPROVE THREE-YEAR AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC., FOR MICROSOFT LICENSING AND MAINTENANCE.

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve a three -year agreement with Insight Public Sector, Inc., for Microsoft licenses and maintenance at an amount not to exceed $938,948 including a 10% contingency.

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

Item 1C - Page 5
City Council Minutes June 29, 2023

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

O. AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT WITH ECS
IMAGING, INC., FOR LASERFICHE LICENSING AND SUPPORT.

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Authorize a purchase with ECS Imaging, Inc. for an amount of $29,263.80 annually for a term of five-years for a total not to exceed amount of $160,946 which includes a 10% contingency for additional licenses.

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

P. ADOPT THE CITY’S FISCAL YEAR 2023-24 INVESTMENT POLICY

GOVERNING THE INVESTMENT OF CITY FUNDS

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Adopt Resolution No. 25123, entitled, “A RESOLUTION OF THE CITY

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

INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS AND SUPERCEDING RESOLUTION NO. 25023.”

2. Delegate the City Council’s authority to invest and reinvest public funds and to sell or exchange securities so purchased, to the City Treasurer for one year or until earlier revoked by the City Council.

Q. MEMORANDA OF UNDERSTANDING WITH THE PALM SPRINGS

FIREFIGHTERS ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT

ASSOCIATION

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Adopt Resolution No. 25124, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,

AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR

EMPLOYEES IN THE PALM SPRINGS FIRE FIREFIGHTERS ASSOCIATION

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

ASSOCIATIONS EXECUTING THE MEMORANDA OF UNDERSTANDING

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

Item 1C - Page 6
City Council Minutes June 29, 2023

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES R. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B131 WITH WGJ ENTERPRISES INC., DBA PCI FOR AIRCRAFT GATE PARKING

RESTRIPING

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

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

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

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

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

FOR CITYWIDE TREE TRIMMING SERVICES

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

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

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

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

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

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

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

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

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

V. ACCEPTANCE OF THE 2022 PAVEMENT REHABILITATION PROJECT, CITY PROJECT 22-08.

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

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1. Accept the 2022 Pavement Rehabilitation Project, City Project No. 22-08 as completed in accordance with the contract documents; and

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

W. ACCEPTANCE AND FILING OF THE 2023 PAVEMENT MANAGEMENT

PROGRAM REPORT

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to a ccept and file the 2023 Pavement Management Program Report.

X. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 23017 AND AUTHORIZING

THE INVESTMENT, DEPOSIT, AND WITHDRAWAL OF CITY OF PALM

SPRINGS MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND

AUTHORIZING A CHANGE IN SIGNATURES FOR THE DEPOSIT AND

WITHDRAWAL OF THOSE FUNDS

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYO R PRO TEM BERNSTEIN, CARRIED 5 -0, to a dopt Resolution No. 25125, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 23017 AND AUTHORIZING THE

INVESTMENT, DEPOSIT, AND WITHDRAWAL OF CITY OF PALM SPRINGS

MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND AUTHORIZING A

CHANGE IN SIGNATURES FOR DEPOSIT AND WITHDRAWAL OF THOSE FUNDS.”

Y. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT NO. A9128 WITH PUSH MEDIA, INC. DBA GLEESON
DIGITAL STRATEGIES, INC. FOR AIRPORT ADVERTISING AND

PROMOTIONAL SERVICES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Amendment No. 1 to Contract Services Agreement No. A9128 with Push Media, Inc. dba Gleeson Digital Strategies in the amount of $1,092,850 for Airport advertising and promotional services.

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

Z. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A7147 FOR ON-CALL AVIATION CONSULTING
SERVICES AND TASK ORDER NO. 3 WITH M. ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR INBOUND BAGGAGE CLAIM EXPANSION DESIGN

AND CONSTRUCTION ADMINISTRATION SERVICES AT THE PALM

SPRINGS INTERNATIONAL AIRPORT
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MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Amendment No. 1 to Professional Services Agreement No. A7147 with Gensler for a 3-year term.

2. Approve Task Order No. 3 with Gensler for inbound baggage claim expansion design and construction administration services at the Palm Springs International Airport, in an amount not to exceed $2,914,322.04.

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

AA. APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS BOARDS AND

COMMISSIONS

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Appoint Robert Berriman, representing the City of Indian Wells, to the Palm Springs International Airport Commission effective July 1, 2023, to a term expiring June 30, 2025.

2. Appoint Margaret Park, representing the County of Riverside, to the Palm Springs International Airport Commission effective July 1, 2023, to a term expiring June 30, 2026.

3. Appoint Patricia Pierce and David Parker as alternates to the Administrative Appeals Board effective immediately with a term ending June 30, 2026.

4. Appoint Melissa Shelton, Tom Burns, and Carlos Silveira to the Public Arts Commission effective immediately with a term ending June 30, 2026.

5. Appoint Roy Clark and Kathleen Cohn to the Sustainability Commission effective immediately with a term ending June 30, 2026.

6. Re-appoint David Anderson to the Village Fest Board with a term ending June 30, 2026. Appoint Kelly Teo and Carlos Antonio Alvarez to the Village Fest Board effective immediately, with a term ending June 30, 2026.

7. Accept the resignation of Scott Miller from the Historic Site Preservation Board effective immediately.

BB. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND

PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2023-2024.

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Adopt Resolution No. 25126, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING

THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE

LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 2023/2024;” and

2. Adopt Resolution No. 25127, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 24, 2024, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 1 0 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12,

AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2023/2024.”

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

AUTHORIZATION TO BID THE PLAZA THEATRE REHABILITATION
PROJECT, CITY PROJECT NO. 18-04.

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to a pprove the plans, specifications and estimate; and authorize Staff to advertise and solicit bids for the Plaza Theater Rehabilitation Project, City Project No. 18-04.

DD. APPROVE AMENDED AND RESTATED AGREEMENT FOR THE

OPERATION OF THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0 (MAYOR PRO TEM BERNSTEIN RECUSED DURING THE APPROVAL OF THE CONSENT CALENDAR), to:

1. Approve the Amended and Restated Agreement for the Operation of the Palm Springs Film Festival, extending the agreement to June 30, 2028; and,

2. Authorize the City Manager to execute the Agreement and take any and all actions necessary to effectuate the Agreement.

EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S140 WITH THE

PALM SPRINGS CHAMBER OF COMMERCE FOR ADMINISTRATION OF

THE PALM SPRINGS WALK OF STARS PROGRAM

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

FF. LETTER OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 5 REPEALING SECTION 31 OF ARTICLE I OF THE CALIFORNIA

CONSTITUTION

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize the issuance of a letter in support of Assembly Constitutional Amendment No. 5 repealing Section 31 of Article I of the California Constitution.

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GG. APPROVE FUNDING FOR PUBLIC ART PROFESSIONAL SERVICES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Public Art Funds in the amount of $25,000 for public art appraisal services.

2. Approve Public Art Funds in the amount of $25,000 for on- call cleaning and maintenance services.

3. Approve Public Art Funds in the amount of $25,000 for on- call Public Art installation engineering services.

4. Authorize the City Manager to execute all necessary documents to execute agreements with the selected service providers.

EXCLUDED CONSENT CALENDAR:

G. APPROVE AMENDMENT NO. 2 TO AGREEMENT (A9035) WITH JNS MEDIA SPECIALISTS, INC., DBA JNS NEXT CREATIVE & MEDIA HUB FOR ON-

CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Amendment No. 2 to Agreement A9035 with JNS Media Specialists, Inc., dba JNS Next Creative & Media Hub to provide On-Call Communications, Marketing, and Social Media Services in an additional amount of $40,000 for a total revised contract amount not to exceed $100,000.

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

M. ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES
COMMISSION IN AN AMOUNT UP TO $233,500 AND APPROVE CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN PACIFIC, INC. FOR

BROADBAND MASTER PLAN

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Accept a Local Agency Technical Assistance grant award from The California Public Utilities Commission in an amount up to $233,500.

2. Approve Contract Services Agreement No. 23P125 with HR Green Pacific, Inc. to provide a broadband master plan for a one -year term in an amount not to exceed $162,220 beginning July 1, 2023, through June 30, 2024.

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

S. AP
PROVE AGREEMENT NO. 23B123 WITH WEST COAST ARBORISTS, INC.

FOR CITYWIDE TREE TRIMMING SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR GARNER, CARRIED 5-0, to:

Item 1C - Page 11
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

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

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

EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S140 WITH THE

PALM SPRINGS CHAMBER OF COMMERCE FOR ADMINISTRATION OF

THE PALM SPRINGS WALK OF STARS PROGRAM

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Contract Services Agreement No. 23S140 with Palm Springs Chamber of Commerce to provide Administration of the Palm Springs Walk of Stars Program for an amount not to exceed $623,700 beginning July 1, 2023, through June 30, 2028, with two one-year extension options upon mutual agreement, as amended.

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

2. PUBLIC HEARINGS:

A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS

SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD, LEVYING THE FISCAL YEAR 2023 -24 ASSESSMENT,

AND CONDUCT OF PROTEST PROCEEDINGS

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY MAYOR GARNER , CARRIED 5-0, to:

1. Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2023-24.

2. Adopt Resolution No. 25128, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING

THE REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL

BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2023 -24 IN CONNECTION WITH

THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS
IMPROVEMENT DISTRICT.”

B. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2023-24 AND FISCAL YEAR 2024 -25 COMPREHENSIVE BUDGETS, PALM SPRINGS

COMMUNITY REDEVELOPMENT SUCCESSOR AGENCY BUDGET,
UPDATED STATUS OF ADOPTED 5 -YEAR CAPITAL IMPROVEMENT

PROGRAM, APPROPRIATIONS LIMIT, AND ALLOCATED POSITIONS AND COMPENSATION PLAN.

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MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Open the public hearing and accept public testimony on the FY 2023–24 and FY 2024-25 Budgets.

2. Adopt Resolution No. 25129, entitled, “A RESOLUTION OF THE CITY

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

ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL
YEAR 2023 – 2024 AND FISCAL YEAR 2024 - 2025; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES;”

3. Adopt Resolution No. 25130, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2023 – 2024 AND FISCAL YEAR 2024 – 2025 AND SUCH OTHER MATTERS AS REQUIRED;”

4. Adoption Resolution No. 25131, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING

SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM

SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE
SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2023 – 2024, AND OTHER SUCH MATTERS AS REQUIRED;” and

5. Adoption Resolution No. 25132, entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023 – 2024 ENDING ON JUNE 30, 2024."

6. Direct the City Manager and Acting Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget documents for FY 2023-24 and FY 2024-25, as amended.

3. BUSINESS & LEGISLATIVE:

A. APPROPRIATE FUNDS FOR THE HOMELESS NAVIGATION CENTER AND EARLY ENTRY FACILITY IN THE AMOUNT OF $5,000,000 AT 3589 MCCARTHY ROAD AND APPROVAL OF AMENDMENT NO 3. TO
PROFESSIONAL SERVICES AGREEMENT NO. 9161 WITH JOHN

FRIEDMAN ALICE KIMM ARCHITECTS, A CALIFORNIA CORPORATION,

FOR ARCHIT ECTURAL DESIGN SERVICES OF THE PALM SPRINGS
NAVIGATION CENTER, CITY PROJECT NO. 22-05

MOTION BY COUNCILMEMBER MIDDLETON , SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Approve $5,000,000 in the Fiscal Year 2024 General Fund Budget for additional costs relative to the Navigation Center and to allow Early Entry beds at 3589 McCarthy Road to be available more quickly.

2. Approve Amendment No. 3 in the amount of $520,763 to Professional Services Agreement No. 9161, for a new not-to-exceed amount of $1,440,355 with John Friedman Alice Kim Architects for the Palm Springs Navigation Center, City Project No. 22-05.

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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

3. Approve an increase in the project contingency from $1,500,000 to $3,000,000 and authorize the City Manager to approve project-related contracts, amendments, and change orders up to $3 million (10% of the construction budget).

B. CONSIDERATION OF THE ESTABLISHMENT OF A CITY COUNCIL

POLICY PROVIDING A CERTAIN PERCENTAGE OF TRANSIENT

OCCUPANCY TAX (TOT) BE SET ASIDE AND USED FOR FUTURE

AFFORDABLE HOUSING NEEDS

MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-1 (COUNCILMEMBER DEHARTE VOTING NO) , to adopt Resolution No. 25133, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ESTABLISHING A CITY COUNCIL POLICY

REGARDING THE USE OF A CERTAIN PERCENTAGE OF TRANSIENT
OCCUPANCY TAX (TOT) FOR AFFORDABLE HOUSING PROGRAMS.”

C. CONSIDERATION OF THE ESTABLISHMENT OF A CITY COUNCIL POLICY ESTABLISHING A MINIMUM FUND BALANCE IN THE CITY’S

GENERAL FUND

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 3 -2 (COUNCILMEMBERS DEHARTE AND HOLSTEGE VOTING NO), to adopt Resolution No. 25134, entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A GENERAL FUND RESERVE POLICY.”

PUBLIC COMMENT: None.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Garner, Mayor Pro Tem Bernstein, and Councilmembers deHarte, Holstege, and Middleton provided comments.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, June 29, 2023, at 10:15 p.m.

Respectfully submitted,

______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: __/__/2023
Item 1C - Page 14
M
onday, July 10, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
P
ursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CAL
L TO ORDER:

A
Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Monday, July 10, 2023 , at 5:33 p.m.

P
LEDGE OF ALLEGIANCE:

D
exter Pabst, elementary school student, led the Pledge of Allegiance.

R
OLL CALL:

P
resent: Councilmembers Ron deHarte and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

A
bsent: Councilmember Christy Holstege.

C
ity Staff Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy

Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

P
RESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
• P
roclamation for Buddy Holly, Palm Springs Ambassador and K-9 Mayor. • Tammy Gordon from the Coachella Valley Mosquito Vector Control provided a presentation regarding mosquitos and summer treatments.

ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR PRO TEM BERNSTEI N, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to accept the agenda with removal of Consent Calendar Item Nos. 1E and 1F and deferring the items to the City Council meeting of September 14, 2023.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of July 10, 2023, was called to order by Mayor Garner at 4:00 p.m.

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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):

Under existing facts and circumstances, there was one (1) matter.

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

Under existing facts and circumstances, there was one (1) matter.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8:

Property: Serena Park, approx. 155 acres located at N. Whitewater Club Dr., Palm Springs
City Negotiator: Scott Stiles, City Manager
Negotiating parties: PS Country Club, LLC
Under negotiation: Price and terms of payment

PUBLIC TESTIMONY: None.

1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to approve the consent calendar with removal of Item Nos. 1E and 1F and deferring the items to the Regular City Council Meeting of September 14, 2023.

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

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, by motion, find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

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B. REAPPOINTMENT AND RATIFY THE NOMINATION OF THE PALM

SPRINGS UNIFIED SCHOOL DISTRICT TO THE PARKS & RECREATION

COMMISSION

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to:

1. Reappoint Jerry Alcorn to the Parks & Recreation Commission effective immediately to a term expiring June 30, 2026.

2. Appoint Jody Diaz to the Parks & Recreation Commission effective immediately to a term expiring June 30, 2026.

C. APPROVAL OF PROGRAM SUPPLEME NTAL AGREEMENT NO. M014 -R2

WITH THE STATE OF CALIFORNIA FOR USE OF REGIONAL SURFACE

TRANSPORTATION PROGRAM (RSTP) FUNDS AND NATIONAL HIGHWAY

PERFORMANCE (NHPP) FUNDS AS PART OF THE HIGHWAY BRIDGE

PROGRAM (HPB) FOR THE INDIAN CANYON DRIVE WIDENING &
BRIDGE REPLACEMENT, CITY PROJECT NO. 01 -11, FEDERAL AID PROJECT NO. BRLO 5282(017)

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to:

1. Adopt Resolution No. 25135, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. M014-R2 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL- AID PROJECT NO. 08- 5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF
$10,433,797 FOR THE USE OF REGIONAL SURFACE TRANSPORT ATION

PROGRAM (RSTP) FUNDS AND NATIONAL HIGHWAY PERFORMANCE
(NHPP) FUNDS AS PART OF THE HIGHWAY BRIDGE PROGRAM (HPB) FOR

THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT,
CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282(017).:

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

D. APPROVE COOPERATIVE PURCHASE AGREEMENT WITH HD SUPPLY FACILITIES MAINTENANCE, LTD. TO PROVIDE JANITORIAL SUPPLIES

AND EQUIPMENT FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to:

1. Approve Cooperative Purchase Agreement No. 23C091 (Attachment A) with HD Supply Facilities Maintenance, Ltd. to provide janitorial supplies and equipment for the Palm Springs International Airport for a four-year term in an amount not to exceed $600,000 beginning on the date provided in the Notice to Proceed, with a one -year extension option upon mutual agreement.

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

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E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE

PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL

SOLICITATION

This item was removed fro m the Consent Calendar and deferred to the Regular City Council Meeting of September 14, 2023.

F. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH

PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES

This item was removed from the Consent Calendar and deferred to the Regular City Council Meeting of September 14, 2023.

G. APPROVE AN AGREEMENT WITH ONLINE COMPUTER LIBRARY
CENTER, INC. FOR FIVE YEARS OF CATALOGING, METADATA, AND

INTERLIBRARY LOAN SERVICES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to:

1. Approve a five -year agreement with Online Computer Library Center, Inc. in the amount of $159,673 for cataloging, metadata, and interlibrary loan services.

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

EXCLUDED CONSENT CALENDAR:

E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE

PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL

SOLICITATION

Item No. 1E was deferred to the Regular City Council Meeting of September 14, 2023.

F. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH

PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES

Item No. 1F was deferred to the Regular City Council Meeting of September 14, 2023.

2. PUBLIC HEARINGS: None.

Item 1C - Page 29
City Council Minutes July 10, 2023

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

3. BUSINESS & LEGISLATIVE:

A. PROPOSED AMENDMENT TO THE OPERATIONS COVENANT,

TRANSIENT OCCUPANCY TAX SHARE, AND SITE PLAN

REVISIONS FOR THE ORCHID TREE HOTEL DEVELOPMENT
LOCATED AT 222 S. CAHUILLA ROAD

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0, to adopt Amendment No. 2 to the Amended and Restated Operations Covenant Agreement No. 8449.

PUBLIC COMMENT:

Zachary Daniel Stone and Geraldine Mataras provided oral testimony.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmember deHarte spoke of a Downtown Ambassador Program to fit the needs of the business community, tourists, and residents.

ADJOURNMENT:

The City Council adjourned the meeting of Monday, July 10, 2023, at 6:21 p.m.

Respectfully submitted,

______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: __/__/2023
Item 1C - Page 30

City of Palm Springs Page 1

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES

Monday, July 24, 2023
Minutes of the Regular Joint Meeting of the City Council and Planning Commission of the City of Palm Springs

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

JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION

CALL TO ORDER:

A Regular Joint Meeting of the Palm Springs City Council and Planning Commission was called to order by Mayor Garner on Monday, July 24, 2023, at 5:35 p.m.

PLEDGE OF ALLEGIANCE

Arlo Felci, elementary school student, led the Pledge of Allegiance.

ROLL CALL

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

Absent: Councilmember Christy Holstege.

City Staff Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy

Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PUBLIC HEARING:

A GENERAL PLAN AMENDMENT TO ADOPT ITS SIXTH CYCLE HOUSING

ELEMENT AND APPROVE THE ASSOCIATED EIR ADDENDUM

Mayor Garner announced tha t the Public Hearing i tem, titled “A General Plan Amendment to adopt the Sixth C ycle Housing Element and approve the associated EIR Addendum ” was continued to allow additional time for coordination with external partners and stakeholders to finalize the revised Draft Housing Element.

Mayor Garner adjourned the Joint Planning Commission Meeting.

Item 1C - Page 15

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES

REGULAR CITY COUNCIL MEETING

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

• Retirement Proclamations for Leigh Gileno and Robert Perotti.

ACCEPTANCE OF THE AGENDA

MOTION BY MAYOR GARNER, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1N and 1T for further discussion.

REPORT OF CLOSED SESSION

The Regular Closed Session of the City Council of July 24, 2023, was called to order by Mayor Garner at 3:30 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:

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

Under existing facts and circumstances, there was one (1) matter.

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

Under existing facts and circumstances, there was one (1) matter.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8:

Property: 590 S. Indian Canyon Drive (APN# 508-121-018) 660 S. Palm Canyon Drive (APN# 508-132-041)
611 S Palm Canyon Drive (APN# 513-290-014, 015)
555 S Palm Canyon Drive (APN# 513-280-016)
City Negotiator: Scott Stiles, City Manager
Joel Montalvo, City Engineer
Negotiating parties: PA Investments, LLC
Veer Hospitality Palm Springs LLC
SUN
USA 513
Under negotiation: Price and terms of payment

Item 1C - Page 16

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES PUBLIC TESTIMONY:

Leigh Gileno, Paul Ortega, Fred Ross, Melissa Dolores Silva, JR Roberts, Kevin Corcoran, Kathy Weremiuk, Joel Milne , Greg Rodriguez, Gretchen Gutierrez, Jessica Spry, Don Cecil, James Hansen, and provided oral testimony:

1. CONSENT CALENDAR

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the Consent Calendar with removal of Item Nos. 1N and 1T, pulled for further discussion.

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

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, by motion find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID- 19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

B. APPOINTMENT TO V ARIOUS BOARDS AND COMMISSIONS

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Appoint Mitchell Battersby to the Village Fest Board effective immediately to a term expiring on June 30, 2026.

2. Appoint Paige Azarakhsh and Erik Graham to the Sustainability Commission effective immediately to a term expiring on June 30, 2026.

3. Appoint Rod Davis to the Parks & Recreation Commission effective immediately to a term expiring on June 30, 2026.

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2023

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2023.

Item 1C - Page 17

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES D. APPROV AL OF WARRANTS, CLAIMS, AND DEMANDS

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to a dopt Resolution No. 25136, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 05 -27-23, 06-10-23 AND 06-24-23 TOTALING $6,453,342.73 AND ACCOUNTS PAYABLE WARRANTS DATED 05-25- 23, 06-08- 23 AND 06-22- 23 TOTALING $13,170,913.55, IN THE AGGREGATE AMOUNT OF $19,624,256.28, DRAWN ON BA NK OF AMERICA.

E. APPROV AL OF THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF

PALM SPRINGS, THE CITY OF DESERT HOT SPRINGS, AND THE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERV ATION

DISTRICT FOR THE WEST DESERT HOT SPRINGS MASTER DRAINAGE PLAN

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve a Cooperative Agreement by and between the City of Desert Hot Springs, Riverside County Flood Control and Water Conservation District, and the City of Palm Springs for the development and approval of the West Desert Hot Springs Master Drainage ; and authorize the City Manager to execute all necessary documents.

F. APPROV AL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID PALM SPRINGS STORM DRAIN LINE 20, CITY PROJECT 19-15

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for Palm Springs Storm Drain Line 20, City Project 19-15.

G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL SERVICES

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve Amendment No. 1 to Agreement No. 23E111 with 4Leaf, Inc., to provide continued interim building official services in an additional amount of $40,000 for a total revised contract amount not to exceed $114,400; and authorize the City Manager or designee to execute all necessary documents.

Item 1C - Page 18

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES H. APPROVE COOPERATIVE PURCHASE AGREEMENT WITH NETWORK

SERVICES COMPANY DBA NETWORK DISTRIBUTION TO PROVIDE

JANITORIAL SUPPLIES AND EQUIPMENT FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Approve Cooperative Purchase Agreement No. 23C066 with Network Services Company dba Network Distribution to provide janitorial supplies and equipment for the Palm Springs International Airport for a four-year term in an amount not to exceed $800,000, beginning on the date provided in the Notice to Proceed, with a one-year extension option upon mutual agreement.

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

I. APPROV AL OF AMENDMENT NO. 8 TO LEASE AGREEMENT NO. A3613

WITH PALM SPRINGS AIR MUSEUM FOR HANGAR RENTAL

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Approve a three-year lease extension for the Palm Springs Air Museum for a 10,000- square-foot hangar to store aircraft for a period commencing August 1, 2023, through July 31, 2026, at a rent of $2,500 per month.

2. Authorize the Airport Executive Director to approve up to two additional six-month extensions commencing on August 1, 2026, if requested by the Palm Springs Air Museum.

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

J. AWARD OF A FIVE-YEAR AIRPORT GROUND LEASE TO THE PALM

SPRINGS AIR MUSEUM

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Approve Airport Ground Lease with the Palm Springs Air Museum for the initial five-year term beginning August 1, 2023, through July 31, 2028, at a rental rate of $3,800 per month, with a potential five-year extension option.

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

K. AUTHORIZE THE PURCHASE OF ONE (1) NEW CATERPILLAR 120JOY

AWD MOTOR GRADER AND EQUIPMENT IN AN AMOUNT NOT TO
EXCEED $515,187.10

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve the issuance of a purchase order to Quinn Company for the purchase of one new Caterpillar 120JOY AWD Motor Grader and equipment in an amount not to exceed $515,187.10, inclusive of sales tax; and authorize the City Manager or designee to execute all necessary documents.

Item 1C - Page 19
City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES L. APPROV AL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A7148 FOR ON -CALL A VIATION CONSULTING
SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS

INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
C
OUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve Amendment 1 to Professional Services Agreement No. A7184 with RS&H for a 3-year term; and authorize the City Manager or designee to execute all necessary documents.

M. A PPROVE AGREEMENT NO. 23B148 WITH WATERLINE TECHNOLOGIES, INC. FOR POOL CHEMICALS FOR THE PALM SPRINGS SWIM CENTER

MOTION BY COUNCILMEMBER M IDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Approve Contract Services Agreement No. 23B148 with Waterline Technologies, Inc., to provide pool chemicals for the Palm Springs Swim Center for an amount not to exceed $400,000 beginning August 1, 2023, through July 31, 2026, with two one- year extension options at the City’s sole discretion.

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

N. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE

UNFUNDED ACCRUED LIABILITY (UAL)
This item was removed from the Consent Calendar for separate discussion and c
onsidered under Excluded Consent Calendar.

O. AP PROVE A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE

COACHELLA V ALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY

OF PALM SPRINGS FOR DESIGN AND ENGINEERING SERVICES RELATED

TO THE INDIAN CANYON DRIVE FLOOD AND BLOWSAND

IMPROVEMENTS

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
C
OUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve a Reimbursement Agreement for an agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments for the design and engineering services of the Indian Canyon Drive flood and blow sand improvements; and a uthorize the City Manager to execute all necessary documents.

P. AP

PROVE AGREEMENT WITH EBSCO PUBLISHING FOR FIVE YEARS OF

ACCESS TO ELECTRONIC MAGAZINE AND NEWSPAPER ARTICLES

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
C
OUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve a five-year agreement with EBSCO in the amount of $57,921 for cataloging, metadata, and interlibrary loan services; and authorize the City Mana ger to execute all necessary documents.

Item 1C - Page 20

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES Q. ACCEPTANCE OF INSTALLATION OF A FLASHING BEACON, CITY PROJECT 16-19

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to

1. Accept the public works improvement identified as the installation of a Flashing Beacon, City Project No. 16- 19, as completed in accordance with the plans and specifications; and,

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the installation of a Flashing Beacon, City Project No. 16-19.

R. AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT
SECURITIES FOR THE “MIRALON” DEVELOPMENT, TRACT NO. 31848-1

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to

1. Adopt Resolution No. 25137, entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A

REDUCTION OF SECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF IMPROVEMENT ASSOCIATED WITH TRACT MAP 31848 -1

REQUIRED BY THE S UBDIVISION IMPROVEMENT AGREEMENT WITH A V ALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY , (A5393),

FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL

DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF
WHITEWATER RIVER AND WEST OF SUNRISE WAY , IN S ECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.”

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

S. AWARD OF A PROFESSIONAL DESIGN SERVICES CONTRACT TO KIMLEY- HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $161,395 FROM

MEASURE J FUNDS FOR THE DEMUTH PARK PICKLEBALL EXPANSION, CITY PROJECT NO. 22-24

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to a ward the professional design contract to Kimley-Horn and Associates, Inc., a California corporation, in the amount of $161,395 from Measure J funds for the Demuth Park Pickleball Expansion, City Project No. 22-24; and authorize the City Manager to execute all necessary documents.

Item 1C - Page 21

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ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES

T. AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM

SPRINGS PLAZA THEATRE FOUNDATION FOR MANAGEMENT,

OPERATION, AND ENTERTAINMENT PRODUCTION SERVICES FOR THE

HISTORIC PLAZA THEATRE

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

EXCLUDED CONSENT CALENDAR:

N. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE

UNFUNDED ACCRUED LIABILITY (UAL)

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to receive and file.

T. AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM

SPRINGS PLAZA THEATRE FOUNDATION FOR MANAGEMENT,

OPERATION, AND ENTERTAINMENT PRODUCTION SERVICES FOR THE

HISTORIC PLAZA THEATRE

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Agreement for Management, Operation, and Entertainment Production Services for the Historic Plaza Theatre between City of Palm Springs and The Palm Springs Plaza Theatre Foundation; and,

2. Authorize the City Manager to execute said Agreement, as well as any minor changes to the Agreement acceptable to the City Manager and City Attorney, as amended.

2. PUBLIC HEARINGS

A. ANNUAL LEVY OF ASSESSMENTS FOR V ARIOUS STREET LIGHTING AND

PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR
2023-2024

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Open the Public Hearing and take public testimony; and,

2. Adopt Resolution No. 25138, entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER’S REPORT AND ORDERING THE CONTINUED OPERATION AND

MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE
DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY AND
Item 1C - Page 22

City of Palm Springs Page 9

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES

COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2023/2024.”

B. PUBLIC HEARING ON APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION (PERMIT NO. C-2019-096)

At the request of staff and the applicant, Mayor Garner reported that Item No. 2B, titled “Appeal of Calibliss, LLC Conditional Cannabis Expiration (Permit No, C -2019-096)”, was continued to the Regular City Council Meeting of September 14, 2023.

3. BUSINESS & LEGISLATIVE

A. AWARD A CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE

INBOUND BAGGAGE CLAIM AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Award Construction Manager at Risk Agreement No. 23P160 with Skanska USA Building Inc. for the construction of the inbound baggage claim at the Palm Springs International Airport for an initial guaranteed maximum price not to exceed $29,041,747 which will adjust over time when the trade packages are bid, as outlined in the Agreement.

2. Authorize the City Manager or designee to approve the final guaranteed maximum amount for the project at a later date as outlined in the Agreement.

3. Approve a contingency for the project of approximately 15% or $4,356,000 for adjustments to the scope of work or unforeseen conditions to meet the program requirements and authorize the City Manager or designee to issue change orders up to this amount to allow the project to be completed in a timely manner.

B. APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $2,200,000 FOR

THE DEVELOPMENT AND CONSTRUCTION OF THE MONARCH PROJECT LOCATED AT 3290 N INDIAN CANYON DR, A 60 -UNIT MULTI -FAMILY

PROJECT IN THE CITY OF PALM SPRINGS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Appropriate funds in the amount of $2,200,000 from Housing Set-aside resources in the Fiscal Year 2024 Budget.

2. Approve a Funding Commitment in the amount of $2,200,000 for the Community Housing Opportunities Corporation for the Monarch Apartment Homes Project, subject to terms and conditions of the Disposition and Development Agreement; and,

3. Authorize the City Manager to execute a Funding Commitment Letter for the Monarch Apartment Homes Project, including making minor, non-substantive changes, and to sign all necessary documents.

Item 1C - Page 23

City of Palm Springs Page 10

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES C. REQUEST FOR ACCEPTANCE OF AN INCLUSIONARY HOUSING

FEASIBILITY A NALYSIS AND A COMMERCIAL LINKAGE FEE NEXUS STUDY

MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to accept the Inclusionary Housing Feasibility Analysis and the Commercial Linkage Fee Nexus Study and provide further direction to s taff.

RECESS/RECONVENE: The City Council recessed at 8:06 p.m. and reconvened at 8:13 p.m., with all members present.

D. REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL

CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-1 (COUNCILMEMBER MIDDLETON VOTING NO), to:

1. Waive the reading of the ordinance text in its entirety and read by title only; and,

2. Introduce on first reading Ordinance No. 2086, entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.15 OF

THE PALM SPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS,” as amended.

E. INTRODUCTION AND FIRST READING OF A PROPOSED ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26

OPERATIONS INCENTIVE PROGRAM

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to waive reading of the text and introduce for first reading proposed an Ordinance No. 2087, Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE

PALM SPRING MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.”

PUBLIC COMMENT: None.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Garner and Mayor Pro Tem Bernstein provided comments.

ADJOURNMENT:

The City Council adjourned the meeting of Monday, July 24, 2023, at 9:49 p.m.

Item 1C - Page 24

City of Palm Springs Page 11

ALL ACTIONS ARE DRAFT PENDING APPROV AL OF THE FINAL MINUTES Respectfully submitted,

______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: __/__/2023
Item 1C - Page 25

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

DESIGNATION OF THE CITY’S VOTING DELEGATE AND ALTERNATES AT THE

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS MEETING RECOMMENDATION:

Designate Mayor Grace Garner as the voting delegate, and Mayor Pro Tem Jeffrey Bernstein and Councilmember Lisa Middleton as alternate voting delegates, to represent the City at the 2023 League of California Cities Annual Conference Business Meeting and authorize the City Clerk to sign the attached 2023 Annual Conference Voting Delegate/Alternate Form.

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL AND PLAN

REVIEW SERVICES

FROM: Scott C. Stiles, City Manager

BY: Deputy City Manager’s Office

SUMMARY:

This action will approve Amendment No. 2 to Agreement No. 23E111 with 4Leaf, Inc., in the amount of $100,000 for a revised contract amount not to exceed $214,400 for interim building official and plan review services.

RECOMMENDATION:

1. Approve Amendment No. 2 to Agreement No. 23E111 (Attachment A) with 4Leaf, Inc., to provide continued interim building offic ial and plan review services in an additional amount of $ 100,000 for a total revised contract amount not to exceed $214,400;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ), 4Leaf Inc., i s a California corporation and registered in the State of California.

BACKGROUND:

The City required the services of an interim building official as the City work ed to hire a new building official for the City, so an emergency contract was issued in May to have a firm come on board and fill this gap to keep permits moving until the position could be filled. The City Manager executed the contract to retain these services for a period of four months at a not to exceed value of $74,400. An amendment to the agreement was approved by the City Council on July 24, 2023, to increase the agreement amount by $40,000 to a not to exceed value of $114,400.

Item 1F - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Amend 4Leaf Agreement

While a new Building Official has been hired and is in place, the City continues to need the temporary services of 4Leaf to assist in reviewing plans and processing permits until the number of applications awaiting review is at a level that can be readily processed by full-time staff.

STAFF ANALYSIS:

Staff is requesting approval of Amendment No. 2 in the amount of $100,000 for a revised contract amount not to exceed $214,400 for continued plan review services. The contract would extend through November 15, 2023, which would allow the City to use the services provided by 4Leaf to reduce the backlog of building permits.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2C, Community Design, to streamline City customer services.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in Fiscal Year 2024- 25 account #100-2005- 40105 (Contractual Services).

REVIEWED BY:

Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 2
B. Public Integrity Disclosure Form
Item 1F - Page 2

ATTACHMENT A

Item 1F - Page 3

Revised: 2.9.22

AMENDMENT NO. 2 TO THE INTERIM CITY BUILDING OFFICIAL
SERVICES AGREEMENT 23E111
BETWEEN THE CITY PALM SPRINGS AND 4LEAF, INC.

1. Parties and Date.

This Amendment No. 2 to the Interim City Building Official Services is made and entered into as of this 18
th day of September 2023, by and between the City of Palm Springs (“City”) and 4Leaf, Inc., a California Corporation with its principal place of business at 2126 Rheem Drive, Pleasanton, CA 94588 (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement
. The City and Contractor have entered into an agreement entitled “Interim Building Official Services 23E111” dated May 22, 2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide interim building official and plan review services . This agreement was for an amount not to exceed $74,400 and a term of May 22, 2023, to September 21, 2023.

2.2 Amendment
. The City issued Amendment No. 1 to the A greement on July 31, 2023, to continue these services until the number of applications awaiting plan review has been reduced to levels that can be processed by full-time staff. This amendment added $40,000 to the agreement and extended the term until October 31, 2023.

2.3 Amendment
. The City and Contractor desire to amend the Agreement to increase the plan check services needed to clear the backlog of permits.

2.4 Amendment Authority
. This Amendment No. 2 is authorized pursuant to Section 11.3 of the Agreement.

3. Terms.

3.1 Section 3.1 Compensation of Contractor
of the Agreement is hereby amended to add
$100,000 to the Agreement for continued services to read as follows:

Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $214,400.

3.2 Section 4.4 Term
of the Agreement is hereby amended to add more time to Agreement for continued services to read as follows:

Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period commencing on May 22, 2023, and ending on November Item 1F - Page 4

Revised: 2.9.22

15, 2023, unless the agreement is extended by mutual written agreement of the Parties.

3.3 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.

3.4 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.

3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 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 1F - Page 5

Revised: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND 4LEAF, 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 1F - Page 6

ATTACHMENT B

Item 1F - Page 7
Item 1F - Page 8
1 . Name of Entity
4LEAF, Inc.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. Address of Entity (Principal Place of Business)
2126 Rheem Dr., Pleasanton, CA 94588

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

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

5. Type of Entity
X 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
_Pat Greenan ______ X Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other _________ _
___ Kevin Duggan ________ x Officer x Director D Member D Manager [name] D General Partner D Limited Partner
Other _________ _
__ Gene Barry _________ x Officer x Director D Member D Manager [name] D General Partner D Limited Partner
Other _________ _
Item 1F - Page 9

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

J.

Grenan
85%
2 4LEAF
2 Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
A.

Kevin
Duggan
10%.
4LEAF.

Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
B.

Gene
Barry
5%
4LEAF
2 Inc.
[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.

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

ACCEPTANCE OF THE DEMUTH COMMUNITY CENTER LIFE SAFETY
IMPROVEMENTS PHASE 2 AND AIR CONDITIONING INSTALLATION, CITY PROJECT NO. 19-14
RECOMMENDATION:

Accept the public works improvement, identified as the Demuth Community Center Egress & HVAC Improvements, City Project 19-14, as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14.

2. Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF THE DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS PHASE 2 AND AIR CONDITIONING INSTALLATION , CITY PROJECT NO. 19-14

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Formal City Council acceptance of the De muth Community Center Egress & HVAC Improvements, City Project No. 19 -14 (the “Project”) is required to document the completion of the public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement, identified as the Demuth Community Center Egress & HVAC Improvements, City Project 19- 14, as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14.

BACKGROUND:

On December 9, 2021, the City Council awarded a construction contract to BWW & Company Inc., a California corporation, in the amount of $898,108 for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14.

STAFF ANALYSIS:

Construction of the Project began on February 14, 2022, and was determined to be substantially complete on July 27, 2023 . Throughout construction of the Project, there were two contract change orders described below.

Item 1E - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Acceptance of the Demuth Community Center Egress & Gym Improvements

• Construction Contract Change Order No. 1 (CCO1) in the amount of $26,662.80 included changes requested by Maintenance & Facilities and Demuth Staff for easier maintenance of new equipment, door removal for gym access, additional drain lines, existing concrete removal and replacement in courtyard, and removal of an old evaporation cooler with wall patching. A copy of CCO1 is included as Attachment A.

• Construction Contract Change Order No. 2 (CCO2) is a deductive change order in the amount of ($7,439.00) and represents the final balancing change order. A copy of CCO2 is included as Attachment B.

The final construction of the Project increased by $19,223.80 from the original awarded contract amount of $898,108.00. This represents a 2.14% net increase to the contract price.

As determined by City Staff, BWW & Company Inc. satisfactorily completed the Project on July 27, 2023. Staff recommends that the City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment C.

ENVIRONMENTAL ASSESSMENT
:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; therefore, Demuth Community Center Egress & HVAC Improvements , City Project No. 19 -14, is categorically exempt from CEQA, and a Notice of Exemption has been prepared and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority No. 2A, Improving City Facilities, by prioritizing deferred maintenance.

Item 1E - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Acceptance of the Demuth Community Center Egress & Gym Improvements

FISCAL IMPACT:

There are two change orders associated with this Project related to a revision in the project scope for completion. The final construction cost is $ 917,331.80. The City is holding retention funds in the amount of $45,866.59 for BWW & Company, Inc. pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The P roject account will be closed upon final payment to the contractor.

REVIEWED BY:

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

ATTACHMENTS:

A. Contract Change Order No. 1
B. Contract Change Order No. 2
C. Notice of Completion

Item 1E - Page 3

Attachment A
Item 1E - Page 4
Item 1E - Page 5
Item 1E - Page 6

Attachment B
Item 1E - Page 7
Item 1E - Page 8

Attachment C
Item 1E - Page 9

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy , etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
 Completion of the work of improvement as a whole.
 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herei n described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of _______________________ _ State of California, and is described as follows:

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:

___________________________________________________________________________________________________________ I certify (or declare) under pe nalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Recording Requested By:

When Recorded Mail To:

Item 1E - Page 10

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.) of the O
wner identified
in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare und
er penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at ____ ___________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agent
Joel Montalvo/City Engineer
City of Palm Springs

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item 1E - Page 11

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC.

FOR INTERIM CITY BUILDING OFFICIAL AND PLAN REVIEW SERVICES RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. 23E111 with 4Leaf, Inc., to provide continued interim building official and plan review services in an additional amount of $100,000 for a total revised contract amount not to exceed $214,400.

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL AND PLAN

REVIEW SERVICES

FROM: Scott C. Stiles, City Manager

BY: Deputy City Manager’s Office

SUMMARY:

This action will approve Amendment No. 2 to Agreement No. 23E111 with 4Leaf, Inc., in the amount of $100,000 for a revised contract amount not to exceed $214,400 for interim building official and plan review services.

RECOMMENDATION:

1. Approve Amendment No. 2 to Agreement No. 23E111 (Attachment A) with 4Leaf, Inc., to provide continued interim building offic ial and plan review services in an additional amount of $ 100,000 for a total revised contract amount not to exceed $214,400;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ), 4Leaf Inc., i s a California corporation and registered in the State of California.

BACKGROUND:

The City required the services of an interim building official as the City work ed to hire a new building official for the City, so an emergency contract was issued in May to have a firm come on board and fill this gap to keep permits moving until the position could be filled. The City Manager executed the contract to retain these services for a period of four months at a not to exceed value of $74,400. An amendment to the agreement was approved by the City Council on July 24, 2023, to increase the agreement amount by $40,000 to a not to exceed value of $114,400.

Item 1F - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Amend 4Leaf Agreement

While a new Building Official has been hired and is in place, the City continues to need the temporary services of 4Leaf to assist in reviewing plans and processing permits until the number of applications awaiting review is at a level that can be readily processed by full-time staff.

STAFF ANALYSIS:

Staff is requesting approval of Amendment No. 2 in the amount of $100,000 for a revised contract amount not to exceed $214,400 for continued plan review services. The contract would extend through November 15, 2023, which would allow the City to use the services provided by 4Leaf to reduce the backlog of building permits.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2C, Community Design, to streamline City customer services.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in Fiscal Year 2024- 25 account #100-2005- 40105 (Contractual Services).

REVIEWED BY:

Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 2
B. Public Integrity Disclosure Form
Item 1F - Page 2

ATTACHMENT A

Item 1F - Page 3

Revised: 2.9.22

AMENDMENT NO. 2 TO THE INTERIM CITY BUILDING OFFICIAL
SERVICES AGREEMENT 23E111
BETWEEN THE CITY PALM SPRINGS AND 4LEAF, INC.

1. Parties and Date.

This Amendment No. 2 to the Interim City Building Official Services is made and entered into as of this 18
th day of September 2023, by and between the City of Palm Springs (“City”) and 4Leaf, Inc., a California Corporation with its principal place of business at 2126 Rheem Drive, Pleasanton, CA 94588 (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement
. The City and Contractor have entered into an agreement entitled “Interim Building Official Services 23E111” dated May 22, 2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide interim building official and plan review services . This agreement was for an amount not to exceed $74,400 and a term of May 22, 2023, to September 21, 2023.

2.2 Amendment
. The City issued Amendment No. 1 to the A greement on July 31, 2023, to continue these services until the number of applications awaiting plan review has been reduced to levels that can be processed by full-time staff. This amendment added $40,000 to the agreement and extended the term until October 31, 2023.

2.3 Amendment
. The City and Contractor desire to amend the Agreement to increase the plan check services needed to clear the backlog of permits.

2.4 Amendment Authority
. This Amendment No. 2 is authorized pursuant to Section 11.3 of the Agreement.

3. Terms.

3.1 Section 3.1 Compensation of Contractor
of the Agreement is hereby amended to add
$100,000 to the Agreement for continued services to read as follows:

Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $214,400.

3.2 Section 4.4 Term
of the Agreement is hereby amended to add more time to Agreement for continued services to read as follows:

Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period commencing on May 22, 2023, and ending on November Item 1F - Page 4

Revised: 2.9.22

15, 2023, unless the agreement is extended by mutual written agreement of the Parties.

3.3 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.

3.4 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.

3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 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 1F - Page 5

Revised: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND 4LEAF, 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 1F - Page 6

ATTACHMENT B

Item 1F - Page 7
Item 1F - Page 8
1 . Name of Entity
4LEAF, Inc.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. Address of Entity (Principal Place of Business)
2126 Rheem Dr., Pleasanton, CA 94588

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

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

5. Type of Entity
X 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
_Pat Greenan ______ X Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other _________ _
___ Kevin Duggan ________ x Officer x Director D Member D Manager [name] D General Partner D Limited Partner
Other _________ _
__ Gene Barry _________ x Officer x Director D Member D Manager [name] D General Partner D Limited Partner
Other _________ _
Item 1F - Page 9

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

J.

Grenan
85%
2 4LEAF
2 Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
A.

Kevin
Duggan
10%.
4LEAF.

Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
B.

Gene
Barry
5%
4LEAF
2 Inc.
[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.

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9152 WITH UPBEAT

PARADE PRODUCTIONS, INC, FOR ADDITIONAL SERVICES FOR THE PALM

SPRINGS VETERANS DAY PARADE AND THE PALM SPRINGS FESTIVAL OF

LIGHTS PARADE
RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. ­A9152 with Upbeat Parade Productions, Inc., to provide additional curated services for the Palm Springs Festival of Lights Parade and the Palm Springs Veterans Day Parade in the amount of $360,000 for a total revised contract amount not to exceed $557,000.

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF A THREE-YEAR SERVICE AGREEMENT WITH UPBEAT PARADE PRODUCTION LLC, IN THE AMOUNT OF $147,000 FOR THE

PRODUCTION OF THE VETERANS DAY PARADE AND THE FESTIVAL
OF LIGHTS PARADE TO COVER SPECIAL EVENTS HELD IN 2022-2024

FROM: Teresa Gallavan, Interim City Manager

BY: Jasmine Sullivan-Waits, Manager

SUMMARY:

The Parks & Recreation Department helps manage the City of Palm Springs’ special events programs to bring a variety of events to the City each year, ranging from small community gatherings to major parades. This agenda item will authorize a (3) three-year service agreement for professional event production services in support of two (2 ) different parades – the Palm Springs Veterans Day Parade and the Palm Springs Festival of Lights Parade – for the parades held over three calendar years: 2022, 2023, and 2024 (budgeted as fiscal years 2023 through 2025).

RECOMMENDATION:

1. Approve a three-year service agreement (Agreement No. 9152) to Upbeat Parade Production, LLC, a California corporation, in the amount of $147,000 (Attachment A).

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Upbeat Parade Productions, LLC is included as Attachment B.

BACKGROUND:

Veterans Day Parade
One of the City’s longstanding community events, the annual Palm Springs Veterans Day Parade and Concert focuses on honoring both Veterans and organizations that support Veterans. The upcoming parade on November 10, 2022, will mark the 25th anniversary

Item 1G - Page 1
City Council Staff Report
September 29, 2022 -- Page 2
Award of Contract for Parade Production Services

of the parade. The 2022 event will feature an opening ceremony on the main stage with a special flyover provided by the Palm Springs Air Museum and other organizations to kick off the parade, followed by the traditional street parade filled with Coachella Valley’s most honored Veterans. Following the street parade, a live concert will be held on the main stage, performed by the Palm Springs H igh School Spirit of the Sands Band. The event will be concluded with a fireworks show.

The City of Palm Springs has also been recognized as a Regional Site for observance of Veterans Day for a 12th consecutive year by the U.S Department of Veterans Affairs.

Festival of Lights Parade
The Palm Springs Festival of Lights Parade is an annual signature holiday event . The upcoming parade on December 3, 2022, will mark the 30th anniversary. The event is traditionally held on the first Saturday of December as a kick -off to the holiday season.

For the past 29 years, it has been recognized as one of the region’s most popular events.

Known to both visitors and residents as an adored holiday tradition, it is an opportunity to celebrate the holiday season while creating a unique experience for visitors and a powerful economic generator for the region. The parade hosts marching bands from all over California, Nevada, and Arizona, and features large -scale helium balloons, floats, various performance groups, and special guests such as Peppa Big, Curious George, and Santa and Mrs. Claus.

Summary
Each year these two beloved community parades, Veterans Day and Festival of Lights , bring over 100,000 people to downtown Palm Springs and position Palm Springs as a signature destination.

Under this event production agreement, the parade contractor will be responsible for providing labor, materials, supplies and equipment necessary to produce the pre-parade staging and live broadcasting staging portion of each parade. The contractor will work in coordination with the City’s Special Events Planning Team (SEPT) on all safety related issues, as required. The event production services are fully outlined in Attachment A.

STAFF ANALYSIS:

The City’s Procurement Department , working with Parks & Recreation st aff, issued a Request for Proposals (RFP 14-22) on February 23, 2022, which was also advertised in the local newspaper and posted on the PlanetBids electronic bidding website. In prior years, the City has awarded separate contracts for this service to two different firms; this year only one firm submitted a proposal. This proposal was evaluated against the criteria listed in the RFP and was determined to meet the needs of the City. The evaluation criteria included experience of the firm, experience of the staff and understanding of the scope of work, local preference, and cost. After review and analysis by the evaluation committee, consisting of staff from the Recreation and Facilities Departments , Upbeat Parade Productions was selected for recommendation of award for a three-year contract.

Upbeat Parade Productions has performed parade production services for the Festival of

Item 1G - Page 2
City Council Staff Report
September 29, 2022 -- Page 3
Award of Contract for Parade Production Services

Lights parade for over five years and has extensive experience with the City of Palm Springs’ event needs.

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 environme nt, 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:

This requested action aligns with City Council Priority 1 – Quality of Life.

FISCAL IMPACT:

The total funds associated with this event production agreement are $147,000 for a three- year period . F iscal Year 2022 parade expenditures, in the amount of $49,000, are budgeted in the Parks & Recreation Department. Expenditures for future fiscal years will be budgeted as part of the City’s annual budgeting process. The breakdown is as follows:

EVENT NAME / DATE 2022 2023 2024 3-YEAR TOTAL
Veterans Day Parade $17,000 $17,000 $17,000 $51,000
Festival of Lights $32,000 $32,000 $32,000 $96,000
Agreement Grand total $147,000

REVIEWED BY:

Special Events Manager: Jasmine Waits
Department Director Yvonne Wise
Procurement Manager Kim Baker
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Attachment A: Service Agreement A9152
B. Attachment B: Public Integrity Disclosure Form

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CONTRACT SERVICES AGREEMENT A9152

PARADE PRODUCTION SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Upbeat Parade Productions, a Limited Liability Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a Parade Organizer, for the Palm Springs Veterans Day and Festival of Lights Parade (“Project”).

B. Contractor has submitted to City a proposal to provide parade production services for the Palm Springs Veterans Day and Festival of Lights Parade under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $45,000.00 per year.

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

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

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

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

4. PERFORMANCE SCHEDULE

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

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

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4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable a nd unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” include s 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 an d conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation.

Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 years unless extended by mutual written agreement of the Parties.

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

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: Ray Pulver, Owner.

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.

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

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

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode , or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with onl y such obligations as are consistent with that role ; however, City shall have the right to review Contractor’s work product, result, and advice . Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respectin g such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Ray Pulver Owner
Jeffrey Sinn Staging Manager
Ingrid Lundquist Staging Manager
Patricia Brooks TV Stage Flow Manager
Annette Jennings Staging Manager
Jim Becker Staging Manager
Gail Stewart TV Stage Manager

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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 p art of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor C ode 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 subcon tractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to co mply 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 Indemnified Parties. Under no circumstances shall the insurance req uirements 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 Agr eement until all actions against the Indemnified

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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 exte nt required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdictio n, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures 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 prepared by Contractor in the performance of this Agreement shall be the property of City . Contractor shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of thi s 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 accoun ting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

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9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between th e 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 shall impair such right or remedy or be construed as a waiver.

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

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and r emedies 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 limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employ ees. 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 agreeme nt of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

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

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 addre ss 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: Upbeat Parade Productions
Attn: Ray Pulver, Owner
5320 Cedar Grove Circle
San Jose, CA 95123

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 th e 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 p rovision 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.

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

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

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

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT NAME***]

IN WITNESS WHEREOF, the Parties have 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. ________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Monique Lomeli
City Attorney Acting City Clerk

APPROVED:

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

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EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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1.1 Scope:

Generally, the scope of work consists of but is not limited to the following for each parade:
(*please note that parade routes are subject to change and have not been decided yet and are therefore not available at this time).

A. Festival of Lights Parade:

The Contractor shall be responsible for furnishing all labor, materials, supplies and equipment necessary to organize, coordinate and produce the annual Festival of Lights parade pursuant to the requirements contained herein. The parade theme shall be determined by the City . The City estimates the cost of this work at $ 25,000 annually. The minimum production services required include, but are not limited to, the following:

1. Prepare, produce, mail (including postage), process and accep t all parade applications.

2. Conduct recruitment of parade entries (not to exceed 90 entries).

3. Coordination of parade line-up.

4. Staging of parade on designated city streets.

5. Provide parade monitors per the designation

6. Coordination of post-stage parade dispersal.

7. Develop an online application process.

8. Coordinate with the TV broadcasting station prior to the parade and day of the parade.

9. Provide staffing for the broadcasting prior to, throughout and post the live broadcasting.

10. Develop a detailed timeline of parade activities.

11. Compile and edit entrant information and prepare scripts for the announcers

12. Meet with Special Event Planning Team (SEPT) monthly to review parade plans, and to take and follow direction on all safety related issues including Palm Springs Fire Department regulations for parade entries. Provide timely and accurate reports regarding the progress of the parade’s production at each monthly meeting, including a preliminary budget, schedule and list of entries participating (final list required no later than ten (10) days prior to parade date.

13. Provide a lineup, site map, event layout, staging plan, and route map to SEPT for approval at least thirty (30) days prior to the event. The SEPT shall give direction as to placement of the Palm Springs City Council, and any other City related entries, in the parade line-up. In the event of inclement weather, event production company may request an alternate date for the parade with express written approval by the City.

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14. Responsible for obtaining all certificates of insurance and liability release forms from all parade entries, volunteers, sub -contractors, and vendors participating in the parade.

15. Maintain a Contract and accessible line of communication with the City staff and cooperate with the City and its representatives.

16. Recruit, hire, train, coordinate and supervise all volunteers and all their activities as required through SEPT review. Provide guidance, advice, and supervision for the adherence to the rules and regulations of the City to all parade participants.

17. As this is the City’s event, the company awarded the contract will coordinate with and obtain approval from the Office of the City Manager for all fundraising and sponsorship solicitation efforts. Furthermore, the terms and conditions of any fundraising and sponsorship revenue sharing shall be negotiated and incorporated into the contractual agreement between the parties. Proposers are encouraged to include in their submittal creative fundraising and sponsorship ideas as well as any additional parade activities and programs for both the spectators and entrants.

18. The production company is to review and get approval from the City of the recruitment plan for the entries and event staff. No marketing or promotion activities of the parade itself is permitted by the event production company. All such marketing efforts or event promotion activities of the parade will be handled directly by the city.

19. No vendors will be permitted along the parade route.

20. Event Production Company is required to provide complete staffing for all parade administrative, staging & dispersal activities (including pre-stage and post-stage).

The City shall pro vide road -closure and public safety (police, fire, emergency medical) services and personnel only. Event Production Company is responsible for all application printing, production, processing, mailing, postage, parade entry signage, and any/all other c osts associated with parade operation and production activities.

21. Recruit, hire, train and supervise 30 -35 event staff to serve as parade marshals for the parade route. Parade marshals are to monitor the contingents along the route to ensure a steady and forward moving parade pace. Parade Marshals are to gently enforce parade rules as they apply to each contingent.

22. The City shall be responsible for ordering and placement of the portable restrooms.

23. Provide at least one (1) wor kshop that covers both float building and parade entertainment.

24. Attend and present at the pre-parade safety meeting.

25. Recruitment of participants and parade entertainers.

26. The City’s Special Events Manager shall be responsible for notifying all property and business owners along the route of the parade concerning the anticipated date, time, and length of any street closure.

27. Prepare a final post event report including appropriate oversight documentation, record keeping of all expenses, including budgets, contract bids, requests, and billing.

Item 1G - Page 16

28. The parade requires that all floats, walkers, vehicles, equestrian units be lit with colored or white lights. (Only exception - Marine Corps Combat Center Band - they are not permitted to have any lights or decorat ions on their uniforms). No candy or trinkets may be thrown from any parade entry, nor may they be distributed walking alongside a parade entry. The production company is responsible for collecting a copy of a valid driver's license, proof of insurance and current registration from all automotive entries in the parade. All parade entries must have a holiday design.

B. Veterans Day Parade:

The special event production company awarded this contract shall be responsible for furnishing all labor, materials, supplies and equipment necessary to organize, coordinate and produce the annual Veterans Day parade pursuant to the requirements contained herein. The parade theme shall be determined by the City. The city estimates the cost of this work at $10,000 annually. Note that this is a Request for Proposals, not a “low-bid” solicitation, therefore price is not the sole determining factor and will be negotiated between the city and the successful production company. The minimum production services required include, but are not limited to, the following:

1. Develop a detailed timeline of parade activities.

2. Develop an online application process.

3. Conduct recruitment of parade entries (not-to-exceed a total 50 approved entries);

4. Prepare, produce, mail (including postage), process and evaluate all parade applications.

5. Coordination of parade line-up.

6. Compile and edit entrant information and prepare scripts for the announcers.

7. Staging of parade on designated city streets.

8. Provide parade monitors

9. Coordination of post-stage parade dispersal.

10. Recruit, hire, train, coordinate and supervise all volunteers and all their activities as required through SEPT.

11. Recruit, hire, train and supervise ten (15) event staff to serve as parade monitors along the parade route to ensure a steady and forward pace.

12. Coordinate with the TV broadcasting station prior to the parade and day of the parade.

13. Provide staffing for the broadcasting prior to, throughout and post the live broadcasting.

14. The City’s Special Events Manager shall be responsible for notifying all pr operty and business owners along the route of the parade concerning the anticipated date, time, and length of any street closure.

Item 1G - Page 17

15. The production company is responsible for collecting a copy of a valid driver's license, proof of insurance and current regist ration from all automotive entries in the parade.

16. Prepare a final post event report including appropriate oversight documentation, record keeping of all expenses, including budgets, contract bids, requests and billing.

1.2 Schedule:

Work will begin upon issuance of a Notice to Proceed and continue for three years with two one-year renewal options.

1.3 Compensation:

Work will be compensated on a lumpsum basis for each parade. Contract pricing includes all labor, administrative, clerical, comm unications, travel, equipment, production, and any/all other costs, including any “special costs”, associated with the scope of work and production of each parade as defined herein. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. Pricing per parade as follows:

DESCRIPTION TOTAL
Veterans Day Parade
Include a detailed cost breakdown scope
element, including all labor, administrative,
clerical, communications, travel, equipment,
production, and any/all other costs, including any
“special costs”, associated with the scope of
work to produce the Veterans Day Parade.
$ 17,000.00
Festival of Lights Parade
Include a detailed cost breakdown scope
element, including all labor, administrative,
clerical, communications, travel, equipment,
production, and any/all other costs, including any
“special costs”, associated with the scope of work
to produce the Festival of Lights Parade.
$ 32,000.00
Grand Total per year for One or Both parades $49,000.00

*Additional Service Pricing:

Item 1G - Page 18

Staff: Rate:

Producer 7,500.00 – 20,000.00
Office Staff

Parade Day Teem members:

Lead Assembly Team 750.00 – 1,400.00
Assembly Team 1,000.00 – 2,000.00
Dispersal Team 250.00 – 500.00
Per Diems for All Staff 700.00 – 1,800.00

Travel:

Car Rentals 300.00 – 1,000.00
Staff Airfares 1,000.00 – 3,000.00
Staff Hotel 1,000.00 – 4,000.00

Administrative:

Parade Day & Office Supplies 250.00 – 1,000.00
Postage/Shipping 250.00
Photocopying 300.00
Insurance 1,500.00

Miscellaneous Costs:
1,000.00

*Pricing depends on the size and scope of the
parade

*Rates above are for costs associated with other parades/events outside of the scope of work outlined in this agreement and are subject to the terms and conditions of this agreement.

NOTE: CPI PRICE ADJUSTMENT: The contract price shall remain fixed for the first 3 years and may be adjusted annually on the anniversary date in Opt ional year 1 and Optional year 2, if exercised and at the sole discretion of the City. The payment adjustment will be adjusted upward or downward by the same percentage increase or decrease, occurring during the previous twelve months, in the consumer price index for all urban consumers (CPI-U) for the LA/Riverside/Orange County (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available.

Item 1G - Page 19

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)

Item 1G - Page 20

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

1. Comprehensive general liability an d 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 doll ars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to t he 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 professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in th e amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage

Item 1G - Page 21

with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, 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 before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

B. "This insurance is primary and non -contributory over any insurance or 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, “endea vor 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.

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

Item 1G - Page 22

authority to bind coverage, whether that is the authorized ag ent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include e vidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1G - Page 23

Revised: 2.9.22

AMENDMENT NO. 1 TO THE A9152 PARADE PRODUCTION

SERVICES

BETWEEN THE CITY PALM SPRINGS AND UPBEAT PARADE

PRODUCTIONS

1. Parties and Date.

This Amendment No. 1 to the Parade Production Services is made and entered into as of this 24 day of October 2022, by and between the City of Palm Springs (“City”) and Upbeat Parade Productions, a Limited Liability Corporation with its principal place of business at 5320 Cedar Grove Cir. San Jose, Ca 95123 City and Upbeat Parade Productions are sometimes individu ally referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Upbeat Parade Productions have entered into an agreement entitled “Parade Production Services” dated 29 day September 2022 for the purpose of retaining the services of Upbeat Parade Production to provide Parade production services for the Veterans Day Parade and the Festival of Lights Parade.

2.2 Amendment . T he City and Upbeat Parade Productions desire to amend the Agreement to include the services for inflatable balloons, holiday floats and costumes. An additional $50,000 in compensation will be provided. Original contract amount is $49,000. Total amended contract amount $99,000.

2.3 Amendment Authority. This Amendmen t No. 1 is authorized pursuant to Section

11.3 of the Agreement.

3. Terms.

3.1 Scope of S ervices s ection 1.1 shall be amended to include providing inflatable balloons and at least 2 holiday floats and or additional costume characters. Section 1.1 of the Scope of Services of the Agreement is hereby amended in its entirety to read as follows:

Section 1.1 Scope of Services: Upbeat Parade Productions will provide a Santa Float, at least 6 inflatable balloons and a Council
Float, if funds allow additional costumes shall be
provided.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

DocuSign Envelope ID: 82A28371-6962-468F-B375-5EB72996D9CB DocuSign Envelope ID: 1EAED29C-EA5C-440A-8EBA-505CD9A75D72 Item 1G - Page 24

Revised: 2.9.22

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. 1

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 1 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]

DocuSign Envelope ID: 82A28371-6962-468F-B375-5EB72996D9CB DocuSign Envelope ID: 1EAED29C-EA5C-440A-8EBA-505CD9A75D72 Item 1G - Page 25

Revised: 2.9.22

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

AND UPBEAT PARADE PRODUCATIONS

IN WITNESS WHEREOF, the P arties 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

DocuSign Envelope ID: 82A28371-6962-468F-B375-5EB72996D9CB 10/27/2022
DocuSign Envelope ID: 1EAED29C-EA5C-440A-8EBA-505CD9A75D72 Item 1G - Page 26
55575.18185\40804306.1

Revised: 7.15.23

AMENDMENT NO. 2 TO THE A9152 PARADE PRODUCTION

SERVICES

BETWEEN THE CITY PALM SPRINGS AND UPBEAT PARADE

PRODUCTIONS

1. Parties and Date.

This Amendment No. 2 to the Parade Production Services is made and entered into as of this 15 day of July 2023, by and between the City of Palm Springs (“City”) and Upbeat Parade Productions, a Limited Liability Corporation with its principal place of business at 5320 Cedar Grove Cir. San Jose, Ca 95123 City and Upbeat Parade Productions are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Upbeat Parade Productions have entered into an agreement entitled “ Parade Production Services ” dated 15 day July 2023 for the purpose of retaining the services of Upbeat Parade Production to provide Parade production services for the Veterans Day Parade and the Festival of Lights Parade.

2.2 Amendment . T he City and Upbeat Parade Productions desire to amend the Agreement to include the services for inflatable balloons, holiday floats and costumes. An additional $180,000 in compensation per year will be provided. Original contract amount was $49,000 per year and $147,000 for three years. Total amended contract amount will be $229,000 per year.

2.3 Amendme nt Authority. This Amendm ent No. 2 is authorized pursuant to Section

11.3 of the Agreement.

3. Terms.

3.1 Scope of Services section 1.1 shall be amended to include providing and at least 4 holiday floats, at least 8 inflatable balloons for the Festival of Lights Parade and 3 inflatable balloons for the Palm Springs Veterans Day Par ade, Helium to support the inflatable balloons and costume characters. Section 1.1 of the Scope of Services of the Agreement is hereby amended to add the following:

Section 1.1 Scope of Services: Added: Upbeat Parade Productions will provide a Santa Float, at least 8 inflatable balloons for the
Festival of Ligh ts Para de and 3 inflatable
balloons for the Palm Springs Veterans Day
Parade, a Council Float, 2 additional floats for
community groups or possible sponsors floats,
helium for the inflatable balloons and costumes
characters shall be provided.

Item 1G - Page 27
55575.18185\40804306.1

Revised: 7.15.23

3.2 Compensation of Contractor is hereby amended to read as follows:

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed Two-hundred and Twenty-nine Thousand Dollars ($229,000.00) per year.

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 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 1G - Page 28
55575.18185\40804306.1

Revised: 7.15.23

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

AND UPBEAT PARADE PRODUCATIONS

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 1G - Page 29
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

(Revised 09 13 18)

Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?

The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:

(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

When Must I File?

You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

Item 1G - Page 30
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

(Revised 09 13 18)

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

What Must I Disclose?

A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

PENALTIES

Item 1G - Page 31
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

Upbeat Parade Productions, LLC

2. Address of Entity (Principle Place of Business)

5320 Cedar Grove Circle, San Jose, CA. 95123

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

4. State where Entity is Registered with Secretary of State

California
If other than California, is the Entity also registered in California? c Yes c No

5. Type of Entity

c Corporation c Limited Liability Company c Partnership c Trust c 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

_Ray W. Pulver, Jr c Officer c Director c Member c Manager [name]
c General Partner c Limited Partner
c Other _Owner

c Officer c Director c Member c Manager
[name]
c General Partner c Limited Partner

c Other

c Officer c Director c Member c Manager
[name]
c General Partner c Limited Partner

c Other
Item 1G - Page 32
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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.

Ray W. Pulver, Jr.

100%, Upbeat Parade Productions, LLC

[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

Ray W. Pulver, Jr
Date

August 30, 2023

Item 1G - Page 33

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9152 WITH

UPBEAT PARADE PRODUCTIONS, INC, FOR ADDITIONAL SERVICES

FOR THE PALM SPRINGS VETERANS DAY PARADE AND THE PALM

SPRINGS FESTIVAL OF LIGHTS PARADE

FROM: Scott C. Stiles, City Manager

BY: Parks & Recreation Department

SUMMARY:

The Parks & Recreation Department manages the City of Palm Springs’ special events programs to bring a variety of unique events to the City each year, ranging from small community gatherings to major parades. This agenda item will authorize Amendment No. 2 to Agreement No. A9152 with Upbeat Parade Productions, Inc. This amendment will increase the scope of services in the amount of $360,000 for a revised three-year contract amount not to exceed $557,000 for additional services needed for the Palm Springs Festival of Lights Parade and the Palm Springs Veterans Day Parade. The increase in scope of services and expenditures will support the upcoming Festival of Lights Parades (2023 and 2024) and the upcoming Veterans Day Parades (2023 and 2024).

RECOMMENDATION:

1. Approve Amendment No. 2 to Agreement No. A9152 (Attachment A) with Upbeat Parade Productions, Inc., to provide additional curated services for the Palm Springs Festival of Lights Parade and the Palm Springs Veterans Day Parade in the a mount of $360,000 f or a total revised contract amount not to exceed $557,000.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ) Upbeat Parade Productions Inc., is a California corporation and registered in the State of California.

Item 1G - Page 34
City Council Staff Report
September 14, 2023 -- Page 2
Amendment No. 2 Upbeat Parade Productions

BACKGROUND:

On September 29, 2022, City Council approved a three-year agreement (No. A9152) with Upbeat Parade Productions in an amount not to exceed $147,000 over a period of three years (2022- 2024) to support two different parades, the Palm Springs Veterans Day Parade and the Palm Springs Festival of Lights Parade. At that time, the agreement included professional services associated wi th parade planning and production, while Parks & Recreation staff were responsible for procurement of the parade equipment including inflatable balloons, helium, floats, and costumes.

On October 24, 2022, the Ci ty authorized Amendment No. 1 to Agreement No. A9152, increasing the amount by $50,000 to better support the 2022 Festival of Lights Parade with 2 additional floats and 6 inflatable balloons.

Veterans Day Parade Overview
The City of Palm Springs is well known for its special events throughout the city year- round, encouraging visitors to come to our beautiful city and residents to enjoy all we have to offer. One of the C ity’s long-standing event traditions is honoring our Veterans with the Palm Springs Veterans Day Parade & Concert. The event is held on Veterans Day, November 11, and includes a musical performance on the main stage prior to the start of the parade, a flyover provided by the Palm Springs Air Museum to kick off the parade, and a parade filled with our Valley’s most honored Veterans and the communities and organizations that support them. A live concert f ollows the par ade, and the event concludes with a spectacular firework show. This year we will be celebrating our 26th Annual Veterans Day Parade in downtown Palm Springs.

The City of Palm Springs has also been recognized as a Regional Site for the observance of Veterans Day for 13 consecutive years by the U.S Department of Veterans Affairs.

Festival of Lights Parade Overview
The City of Palm Springs’ annual Festival of Lights Parade, held on the first Saturday of December, is known as the kick- off to the holiday season. For the past 30 years, it has also been one of the City’s most popular events. Known to both visitors and residents as an adored holiday tradition, the parade is a cherished community event and a unique tourism event for visitors. The parade hosts a variety of marching bands from all over California, Nevada, and Arizona. Special performance groups and special character visitors including Curious George and Snoopy, were featured in the parade as well as Santa and Mrs. Claus.

STAFF ANALYSIS:

Needs Analysis & Expanded Scope of Services
In recent years, City staff have worked to make both parades more exciting and visually appealing for thousands of visitors, residents, and community members, as well as to increase viewership and overall recognition for the City of Palm Springs. Additionally, staff Item 1G - Page 35
City Council Staff Report
September 14, 2023 -- Page 3
Amendment No. 2 Upbeat Parade Productions

has been evaluating best practices in special events management to determine ways to increase operational efficiencies in this programmatic area. At present, the production of the Veterans Day Parade and the Festival of Lights Parade is a collab oration between City staff and a professional parade production company, Upbeat Parade Productions.

However, in order to increase the quality of the production for both parades and better leverage existing internal staffing resources, staff is recommending that the City expand the scope of services with Upbeat Productions. The proposed increase in scope of services with the professional parade organizer will better shift some of the responsibility from staff to the professional parade organizer in the following parade production and procurement areas: (1) inflatable balloons; (2) helium for the balloons; (3) professionally designed floats; and (4) costume characters.

The additional scope of services above will add an additional $ 360,000 to the current agreement with Upbeat Parade Productions for the next two parade years to better support the Veterans Day Parades (2023 and 2024) and the Festival of Lights Parades (2023 and 2024). The breakdown is as follows: $150,000 Festival of Lights and $30,000 Veterans Day Parade. An itemized breakdown is included in the fiscal impact summary of the staff report.

EVENT NAME 2022 2023
Proposed
2024
Proposed
3-Year Total
Veterans Day Parade $17,000 $47,000 $47,000 $111,000
Festival of Lights $82,000 $182,000 $182,000 $446,000
Grand Total Not to Exceed $557,000

Staff has completed a forecasting assessment of the current cost and future costs for the length of the contract and believe the requested funds will provide the full services needed. Only services rendered by the vendors will be billed to the C ity on an annual basis.

The Parks & Recreation Department’s Special Events Team has begun the fundraising process to cover the additional cost requested for the 2023 parade season, i ncluding a category to purchase a professional float and promote a business or non- profit organization. Historically, staff has been able to fund the Veterans Day Parade at 90% of the cost to produce the event , and 75% of the Festival of Lights Parade, including the additional funds requested in the staff report. Staff anticipates the ability to fully fund the requested additions to the contract.

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 Item 1G - Page 36
City Council Staff Report
September 14, 2023 -- Page 4
Amendment No. 2 Upbeat Parade Productions

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:

The requested action aligns with City Council priority 1 – Quality of Life.

FISCAL IMPACT
:

FESTIVAL OF LIGHTS PARADE Annual Estimate of Fees
Inflatable Balloons 20,000
Helium 30,000
Professional Floats (4) 60,000
Childrens Costume Characters 10,000
Inflatable Costumes and Floats 25,000
Accounting 5,000
Production & Coordination (currently allocated) 32,000
TOTAL $182,000

VETERANS DAY PARADE Annual Estimate of Fees
Inflatable balloons 15,000
Helium 10,000
Platforms 5,000
Production & Coordination (currently allocated) 17,000 TOTAL $47,000

REVIEWED BY:

Special Events Manager: Jasmine Waits
Parks & Recreation Director: Yvonne Wise
Procurement & Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Attachment A: Service Agreement No. A9152 with Upbeat Parade Productions B. Attachment B: Amendment No. 1
C. Attachment C: Amendment No. 2
D. Public Integrity Disclosure

Item 1G - Page 37

ATTACHMENT A

Item 1G - Page 38

ATTACHMENT B

Item 1G - Page 39

ATTACHMENT C

Item 1G - Page 40

ATTACHMENT D

Item 1G - Page 41

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE AMENDMENT NO. 2 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9092 WITH ALCLEAR, LLC DBA CLEAR AT THE PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No. A9092 (Attachment A) with Alclear, LLC dba CLEAR to increase the terminal leased space commencing on April 1, 2023, through March 31, 2024, at a monthly rental rate of $7,559.56.

1. Authorize the Airport Executive Director to approve up to one one-year extension commencing on April 1, 2024, if mutually agreed upon.

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

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 2 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9092 WITH ALCLEAR, LLC DBA CLEAR AT

THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Amendment No. 2 to the Non- Exclusive Operating and Lease Agreement No. A9092 with Alclear, LLC dba CLEAR (CLEAR) to increase the leasehold space in the main terminal lobby at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No.

A9092 ( Attachment A ) with Alclear, LLC dba CLEAR to increase the terminal leased space commencing on April 1, 2023 through March 31, 2024, at a monthly rental rate of $7,559.56.

2. Authorize the Airport Executive Director to approve up to one one-year extension commencing on April 1, 2024, if mutually agreed upon.

3. Authorize the City Manager or City Manager Designee to execute all documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure Form (Attachment B) submitted on August 15, 2023 , Alclear, LLC dba CLEAR is a Delaware Limited Liability Company registered to do business in California.

BACKGROUND:

On April 7, 2022, the City Council approved the Non-Exclusive Operating and Lease Agreement No. A9092 with CLEAR to lease terminal space for airport screening pods, passenger queuing and office space to provide biometric identity verifications for subscribing departing passengers at the Palm Springs International Airport. The Item 1H - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No. A9092

agreement aimed to enhance the passenger experience by expediting the Transportation Security Administration (TSA) security checkpoint processes for CLEAR members, reducing security screening congestion, and minimizing passenger wait times. CLEAR's service entails the escorting of CLEAR passengers by CLEAR employees to the TSA agent for screening through a designated lane at the security checkpoint.

On November 28, 2022, the City Council approved Amendment No. 1 to Non -Exclusive Operating and Lease Agreement No. A9092 to increase the terminal square footage from 120 square feet to 296 square feet for the addition of three screening pods for TSA Precheck enrollments. During new lease space negotiations between the Airport staff and CLEAR, Amendment No. 1 expired on March 31, 2023. T o ensure the seamless continuation of enhanced services for passengers during the negotiation period, CLEAR was permitted to operate on a holdover basis per the original agreement.

STAFF ANALYSIS:

From April 2022 through June 2023, CLEAR has provided unique member verifications for 174,765 passengers and generated over $131,223.75 in revenue to the Airport.

The proposed Amendment No. 2 to the Non- Exclusive Operating and Lease Agreement aligns with the ongoing efforts to improve the passenger experience at the Airport. By expanding the leasehold space, CLEAR will have the opportunity to accommodate a larger number of passengers, resulting in reduced congestion and improved efficiency at the TSA security checkpoints.

CLEAR’s leasehold space incudes five verification PODs, four enrollment PODs, passenger queueing space, and expanded office space for a total of 868 square feet as shown in Figure 1 on the following page.

Year Unique Member Verifications Total Revenue
2022 74,946 $56,209.50
2023 100,019 $75,014.25

Totals 174,965 $131,223.75
Item 1H - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No. A9092

Figure 1 – CLEAR Pods Locations in the Main Terminal Lobby

The added combined space would result in a new monthly rent of $7,559.56 for a total of $90,714.72 per year. Staff recommends approval of Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No. A9092 with Alclear, LLC dba CLEAR to increase the terminal leased space commencing on April 1, 2023 through March 31, 2024, at a monthly rental rate of $7,559.56.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council Priority 2C, Community Design, to streamline City customer services.

FISCAL IMPACT
:

This action will result in a monthly rent of $7,559.56 bringing annual revenues to $90,714.72 to be credited to Airport account 415.38105. The projected revenue share for the unique member verification is $114,159 for the remainder of calendar year 2023.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No. A9092 B. Public Integrity Business Disclosure
Item 1H - Page 3
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ATTACHMENT A
AMENDMENT NO. 2 TO

NON-EXCLUSIVE OPERATING AND LEASE
AGREEMENT NO. A9092 WITH CLEAR
Item 1H - Page 4
AMENDMENT NO. 2 TO LEASE A9092

ALCLEAR, LLC DBA CLEAR

NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT

AT THE PALM SPRINGS INTERNATIONAL AIRPORT

1. Parties and Date.

This Amendment No. 2 to that certain Non-Exclusive Operating and Space Lease Agreement No. A9092 (“Agreement”) is made and entered into as of April 1, 2023, by and between the City of Palm Springs (“City”) and Alclear, LLC, a Delaware Limited Liability Company (“Lessee”) registered in the State of California dba CLEAR . City and Lessee may herei n be referred to individually as a “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Lessee have entered into an agreement entitled Alclear, LLC dba CLEAR dated April 1, 2022 (Agreement) for the purpose to operate a Non -Aeronautical Commercial Activity consisting of a Registered Travel Program providing expedited security screening for passengers who are registered for Lessee’s membership service for the Palm Springs International Airport (Airport). Contract Term: April 1, 2022 through March 31 , 2023; Contract Revenue: $14,271.96 annually.

2.2 Amendment No. 1. On November 1, 2022, the Parties entered into Amendment No. 1 in order to add 176 square feet to the “Demised Premises” and increase the lease rental payments for a new contract revenue of $22,141.44 annually.

2.3 Amendment No. 2. The City and Lessee desire to amend the Agreement to replace Section 1.1 “Demise Premises”, replace Exhibit “C” CLEAR’s Lane Use, extend Section 1.2 lease Term, and increase the monthly lease rental payment.

2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 4.1 of the Agreement.

3. Terms.

3.1 Section 1.1 “Demised Premises” of the Agreement is hereby amended in its entirety to read:
“The "Demised Premises" shall refer to that certain property consisting of 443 square feet of terminal space which will be occupied by five verification PODs, four enrollment PODs, and CLEAR queue spa c e located in the Palm Springs International Airport terminal building and more particularly described in Exhibit "A-2" attached hereto and incorporated herein by this reference, and 425 square feet of new office/breakroom space in the terminal building more particularly described in Exhibit "B-2" attached hereto and incorporated herein by this reference. CLEAR shall also have

Item 1H - Page 5
access to a specified entrance lane as more particularly described in Exhibit “C-2”, attached hereto and incorporated herein by this reference. ”

3.2 Section 1.2 Lease Term. The Term of the Agreement is hereby extended for one year through March 31, 2024, pursuant to Lessee’s first extension option.

3.3 Lease Rental Payment . Section 1.4 of the Agreement is replaced in its entirety to read:
“1.4 Lease Rental Payments. Rental payment is due on the firs t day of each month of the agreement in the amount of $3,858.16 for terminal lobby space ( 443 square feet) and $ 3,701.40 for terminal office/breakroom space (425 square feet) for a total monthly rent of $7,559.56. Lessee shall pay to the City monthly lease rental fees for the use and occupancy of its assigned Terminal Area leased space consisting of five verification PODs, four enrollment PODs, CLEAR queue space, and new office/breakroom space. The annual Terminal Area rental rate charged by the City shall be commensurate with the Signatory Airline Terminal Rental Rate as calculated by the City for each Fiscal Year during the Agreement. CLEAR’s T erminal Area rental payment is due and payable in equal monthly installments by the Lessee of each month. Beginning April 1, 2023, t his paragraph replaces the provisions regarding the calculation of the rental rates outlined in Section 1.4 of the Agreement.

In addition, Lessee agrees to remit to Lessor a $0.75 fee for each Unique Member Verification performed in a particular month as measured by Lessor’s automated data warehouse. This term shall not include duplicate transactions, Lessor’s employee verifications, verifications made for testing or quality control purposes, or demonstration verifications.

Within fifteen (15) days after the end of each calendar month of the term hereof, commencing with the fifteenth (15th) day of the month following the Commencement Date, and ending with the fifteenth (15th) day of the month succeeding the last month of the Lease term, Lessee shall furnish Lessor a monthly report certified by Lessor to be correct, showing all transactions during the month and designating each type of transaction including the excluded transactions listed herein with sufficient details, and shall accompany each such statement with a payment to Lessor.”

3.4 Screening Pods Location . Exhibit “A -1” of the Agreement is hereby replaced in its entirety with Exhibit “A -2”, attached hereto to this Amendment No. 2 and incorporated herein by this reference.

3.5 Office Space Location . Exhibit “B -1” of the Agreement is hereby replaced in its entirety with Exhibit “B -2”, attached hereto to this Amendment No. 2 and incorporated herein by this reference.

3.6 Exhibit “C” . Exhibit “C” of the Agreement is hereby replace d in its entirety with Exhibit “C-2”, attached hereto to this Amendment No. 2 and incorporated herein by reference.

3.7 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement, as previously amended, remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and a fter 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.

Item 1H - Page 6

3.8 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.

3.9 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.10 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.

3.11 Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
Item 1H - Page 7

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO NON-EXCLUSIVE OPERATING AND

LEASE AGREEMENT BY AND BETWEEN

THE CITY OF PALM SPRINGS AND ALCLEAR, LLC DBA CLEAR
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 as of the dates stated below.

LESSEE:

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 1H - Page 8

EXHIBIT “A-2”

SCREENING PODS

TERMINAL BUILDING AIRPORT CENTRAL LOBBY
Item 1H - Page 9
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CLEAR Enrollment
Footprint:
_ (4) Enrollment PODs
158 sq. ft.

New Office/Breakroo1
425 sq. ft.

CLEAR Queue
285 sq. ft.

EXHIBIT “B-2”

OFFICE SPACE
Item 1H - Page 10
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425 sq. ft.

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CLEAR LANE USE

Item 1H - Page 11
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ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1H - Page 12

1. 2.

3. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Alclear, LLC dba CLEAR
Address of Entity (Principle Place of Business)
85 10th A
ve, 9th Floor | New York, NY 10011
Local or California Address (if different than #2)
CSC Lawyers Incorporating Service- 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833

4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entitv also reqistered in Californiai�.Yes n No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Caryn Seidman-Becker � Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
□ Other
Kenneth Cornick � Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
□ Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)
Item 1H - Page 13
I

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.

Alclear Holdings, LLC 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

(Revised 09 13.18)
8/15/23
Matt Levine
General Counsel
Item 1H - Page 14

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

PURCHASE OF LIBRARY MAGAZINES AND NEWSPAPERS WITH EBSCO

INFORMATION SERVICES, LLC FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $75,000
RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: PURCHASE OF LIBRARY MAGAZINES AND NEWSPAPERS WITH

EBSCO INFORMATION SERVICES, LLC FOR A FIVE -YEAR, NOT-TO- EXCEED AMOUNT OF $75,000

FROM: Scott C. Stiles, City Manager

BY: Department of Library Services

SUMMARY:

This action will allow the Palm Springs Public Library to purchase library magazines and newspapers from existing vendor, EBSCO Information Services, LLC (EBSCO) with a 5- year, not-to-exceed amount of $75,000.

RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

EBSCO is a limited liability company registered in the State of Delaware. The Public Integrity Disclosure Form is attached (Attachment A).

BACKGROUND:

The Library purchases physical magazines and newspapers from EBSCO. According to Title 7 of the City of Palm Springs Municipal Code, Procurement and Contracting must follow specific purchasing guidelines. While the purchase of these library materials fits within exemption Section 7.01.030(7), the City Council shall approve Purchase Orders and Contracts for Supplies and Services that exceed seventy -five thousand dollars ($75,000), unless such approval is otherwise delegated to the City Manager pursuant to separate action by the City Council.

STAFF ANALYSIS:

Palm Springs Municipal Code, Section 7.01.030(7) exemptions to this code include:

Item 1I - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Purchase of Library Magazines and Newspapers

“Procurement of miscellaneous books, magazines, newspapers, subscriptions, on- line library reference services, film, videos, and assorted materials for library customer check-out purposes for which contracts by competitive bid solicitation are not practicable, or which are exempted from competitive bidding pursuant to applicable laws.”

Staff recommend this authorization of funds over a five-year term, not-to-exceed $75,000 for the purchase of magazines and newspapers from EBSCO.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority, Good Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Library Department Account 1004000-50035 for Year One.

REVIEWED BY:

Department Director: Jeannie Kays
Procurement & Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Business Disclosure Form
Item 1I - Page 2

ATTACHMENT A

Item 1I - Page 3
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

EBSCO Information Services, LLC

2. Address of Entity (Principle Place of Business)

10 Estes St, Ipswich, MA, 01938

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

4. State where Entity is Registered with Secretary of State

Delaware
If other than California, is the Entity also registered in California? F Yes F No

5. Type of Entity

F Corporation F Limited Liability Company F Partnership F Trust F Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any re sponse is not a natural person, please iden tify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity

Timothy R. Collins
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other President

Allen Powell, Sam Brooks, Alex Saltzman, Bowen Thagard, Patricia Carroll, Mandy Catrett, Heather Moore
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other Vice Presidents

Tyler Novak
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other Secretary
Item 1I - Page 4
-
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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. EBSCO Industries, Inc., is a private, family-owned
company. The overall beneficial ownership of the
company is with the founding Stephens family, from
Birmingham, Alabama (USA).

Under the rules of attribution, the family owns 99% of the company.

[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

Alex Saltzman, Senior Vice President of Inside Sales, 6/28/2023

Item 1I - Page 5

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVAL OF AMENDMENT NO. 1 TO LEASE AGREEMENT NO. A5666 WITH

THE GENERAL SERVICES ADMINISTRATION FOR THE TRANSPORTATION

SECURITY ADMINISTRATION TERMINAL OFFICE SPACE LEASE AT THE PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 1 to Lease Agreement No. A5666 with the General Services Administration for a five-year lease extension for the TSA terminal office lease of 6,653 square feet, commencing October 1, 2023, through September 30, 2028, generating $904,808 in annual rent.

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

Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO LEASE AGREEMENT NO.

A5666 WITH THE GENERAL SERVICES ADMINISTRATION FOR THE

TRANSPORTATION SECURITY ADMINISTRATION TERMINAL OFFICE

SPACE LEASE AT THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This item will approve Amendment No.1 to Lease Agreement No. A5666 with the General Services Administration (GSA) for a five -year lease extension for the Transportation Security Administration ( TSA) terminal office space lease at the Pal m Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 1 to Lease Agreement No. A5666 with the General Services Administration ( Attachment A ) for a five -year lease extension for the TSA terminal office lease of 6,653 square feet, commencing October 1, 2023 through September 30, 2028, generating $904,808 in annual rent.

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

BUSINESS PRINCIPAL DISCLOSURE:

The General Services Administration is an independent agency of the United States government.

BACKGROUND:

On September 18, 2013, the City Council approved Lease Agreement No. A5666 with the General Services Administration f or the TSA to lease office space at the Palm Springs International Airport. The term of the original lease is set to expire on September 30, 2023.

The terminal area space rental is necessary to support the TSA’s primary purpose of performing the Federal Government’s enforcement of air transportation security for Item 1J - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Amendment No. 1 to Lease Agreement No. A5666

airlines and passengers. Federal Grant Assurances mandate that airports are obligated to provide space to allow for governmental functions to be carried out by the TSA and the Federal Aviation Administration (FAA).

STAFF ANALYSIS:

The TSA will cont inue to lease office space located on the ground level of the Bono Concourse as well as space adjacent to the security checkpoint area. Airport staff negotiated the terminal rental rate with the TSA, and the terminal rental rate increased from $57.50 per square foot per annum to $136.00 per square foot per annum. The newly negotiated rate accounts for projected consumer price index increases over the next five years.

The terms of the amended lease include the 6,653 square feet of office space that is currently being leased for the TSA with the rental rate increasing from $57.50 to $136.00 per square foot per annum for a total of five years. There is a 60-day notice of cancellation, in the event that the airport screening should become de-federalized, and the office space is no longer needed by the TSA, commercial service ceases, the Airport opts to utilize private screening, the government reduces its staffing presence , or the Airport re - occupies the leased space.

The City has the flexibility and maintains the right to relocate the TSA office at the City’s will and expense, as long as there is an operational need to do so. The City will continue to be responsible for the electrical, mechanical, plumbing and replacement of carpeting after five years.

Staff recommends approval of Amendment No. 1 to Lease Agreement No. A5666 with the General Services Administration to extend the TSA office space lease for an additional five years.

FISCAL IMPACT:

The annual terminal revenue to the Airport will total $904,808. All revenue will be applied to Airport Account 415.38105.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 1 to Lease Agreement No. A5666

Item 1J - Page 2

ATTACHMENT A
AMENDMENT NO. 1 TO LEASE AGREEMENT NO. A5666

WITH GENERAL SERVICES ADMINISTRATION (GSA)
Item 1J - Page 3

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDINGS SERVICE

LEASE AMENDMENT

LEASE AMENDMENT No. 1

TO LEASE NO. GS-09B-03168

ADDRESS OF PREMISES:
3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262
PDN Number: N/A

This Lease Amendment contains 5 pages.

All other terms and conditions of the lease shall remain in force and effect.

IN WITNESS WHEREOF, the parties subscribed their names as of the below date.

FOR THE LESSOR:

Signature: ______________________________

Name: ______________________________

Title: ______________________________

Entity: ______________________________

Date: ______________________________

FOR THE GOVERNMENT:

Signature: ______________________________

Name: ______________________________

Title: Lease Contracting Officer
GSA, Public Buildings Service

Date: ______________________________

WITNESSED FOR THE LESSOR BY:

Signature: ______________________________
Name: ______________________________
Title: ______________________________
Date: ______________________________

Lease Amendment No. 1 – GS-09B-03168 Page 1 of 5 Lease Amendment Form 10/20

THIS AMENDMENT is made and entered into between:

City of Palm Springs

whose address is: 3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262

hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:

WHEREAS, the parties hereto desire to amend the Lease to add and exercise a renewal option.

Now, therefore, the parties for the consideration hereinafter mentioned agree that the Lease is amended, effective up on execution by the Government, as follows:

A. This Lease is renewed for a term of 60 Months, October 01, 2023 to September 30, 2028 (the “Renewal Term”).

B. The Government shall pay the Lessor annual rent during the Renewal Term, payable in monthly installment s in arrears, at the following rates:

Item 1J - Page 4

INITIALS: ___________ & ___________
LESSOR GOV’T

Lease Amendment No. 1 – GS-09B-03168 Page 2 of 5

Rent Type Annual Rate/RSF Annual Amount
Shell Rent $131.30 $873,508.00
Operating Rent $4.70 $31,300.00
Total Annual Rent $136.00 $904,808.00

C. Upon receipt of written request from Lessor, the Government shall relinquish office spaces MS -02 and MS-04, located within Palm Springs International Airport. The combined total area of the relinquished office spaces shall amount to 345 square feet. The Lessor agrees to provide Government a minimum of 60 days written notice prior to the relinquishment of the office spaces. The notice shall include the specific date of vacating the premises and any necessary arrangements for the return of keys.

D. The following clauses are added to Exhibit “C” of the Lease:

46. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or Item 1J - Page 5

INITIALS: ___________ & ___________
LESSOR GOV’T

Lease Amendment No. 1 – GS-09B-03168 Page 3 of 5

(ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

Item 1J - Page 6

INITIALS: ___________ & ___________
LESSOR GOV’T

Lease Amendment No. 1 – GS-09B-03168 Page 4 of 5

(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identif y both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)

47. 52.204-27 Prohibition on a ByteDance Covered Application (June 2023) (a) Definitions. As used in this clause—
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)— (1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is use d by a contractor under a contract with the executive agency that requires the use— (i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product; (2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but (3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Item 1J - Page 7

INITIALS: ___________ & ___________
LESSOR GOV’T

Lease Amendment No. 1 – GS-09B-03168 Page 5 of 5

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117- 328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services. (End of clause)

Item 1J - Page 8

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT NO. 23B128 WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR AIRPORT AUTOMATIC ROLLING GATES

AND DOOR REPAIR SERVICES
RECOMMENDATION:

Approve Contract Services Agreement 23B128 (Attachment A) with South Coast Industrial Door, Inc. to provide on-call automatic rolling gates and door repair services at the Palm Springs International Airport in an amount not to exceed $400,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion.

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

Attachments
Item 1K

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 23B128 WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR AIRPORT AUTOMATIC

ROLLING GATES AND DOOR REPAIR SERVICES

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Agreement No. 23B128 with South Coast Industrial Door, Inc., in an amount not to exceed $400,000 for on- call automatic rolling gates and door repair services at the Palm Springs International Airport.

RECOMMENDATION:

1. Approve Contract Services Agreement 23B128 (Attachment A) with South Coast Industrial Door, Inc. to provide on- call automatic rolling gates and door repair services at the Palm Springs International Airport in an amount not to exceed $400,000 for the initial three- year term beginning October 1, 2023 through September 30, 2026, with two one- year extension options at the City’s sole discretion.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on July 26 , 2023, South Coast Industrial Door, Inc. is registered in the State of California.

BACKGROUND:

On June 16, 2022, the City Council approved a three- year contract with Ollin Dock & Door, Inc. to provide overhead door repair services following a competitive bidding process. Ollin Dock & Door, Inc. was determined as the most cost -effective bidder .

However, further assessment revealed that Ollin Dock & Door, Inc. could not fully comply with the badging requirements to obtain an Airport Security Identification Display Area Item 1K - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Award Automatic Rolling Gates & Door Repair Services Contract

(SIDA) Badge. Another Invitation for Bids was conducted to search for another on- call door contractor.

STAFF ANALYSIS:

The contract with South Coast Industrial Door, Inc. is an on-call, as-needed type contract.

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

An Invitation for Bids (IFB 23- 32) was initiated by the City’s Procurement & Contracting Department on July 6, 2023, based on the Department of Aviation spec ifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the July 27, 2023, deadline as follows:

Vendor Bid
South Coast Industrial Door, Inc, Corona, CA $81,192.50

Since only one bid was received, the pricing was analyzed by the Department of Aviation and compared to prices paid in the past and was found to be fair and reasonable for the City. The contract is for three years with two one- year options to renew. The unit pricing is fixed for the first year and subject to CPI increase in the following years. Staff recommends approval of Contract Services Agreement No. 23B128 with South Coast Industrial Door, Inc. for the initial three- year term in the amount not to exceed $400,000 effective October 1, 2023 through September 30, 2026, subject to two one- year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT
:

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

Item 1K - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Award Automatic Rolling Gates & Door Repair Services Contract

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2023- 24 in the Department of Aviation, Terminal Building Operations Account 4157050-40105.

REVIEWED BY:

Department Director: Harry Barrett Jr.

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

ATTACHMENTS:

A. Contract Services Agreement No. 23B128
B. Public Integrity Disclosure
Item 1K - Page 3

ATTACHMENT A
CONTRACT SERVICES AGREEMENT NO. 23B128
WITH SOUTH COAST INDUSTRIAL DOOR INC.

Item 1K - Page 4

Revised 4.13.23 Page 1 of 70

CONTRACT SERVICES AGREEMENT 23B128

AIRPORT AUTOMATIC ROLLING GATES AND DOOR REPAIR

SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on __________________, by and between the City of Palm Springs, a California charter city and municipal corpora tion (“City”), and SOUTH COAST INDUSTRIAL DOOR, 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 require s t he services of a licensed and qualif ied firm to provide on- call automatic rolling ga tes and door repair services at the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide on-call automatic rolling gates and door repair services at the Palm Sp rings International Airport, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services ” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pra cticing 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 . Contra ctor sha ll comply with all app licable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when Item 1K - Page 5

Revised 4.13.23 Page 2 of 70

performing the Services. Contractor 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 by law for the performance of the S ervices required by this Agreement.

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

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set fo rth 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 Co ntractor to any additional compen sation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accor dance with the schedule of fees s et forth in Exhibit “A”. The total amount of Compensation shall not exceed $400,000.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed . City shall pay Contractor for all expenses 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 reque sted by City, Parties s hall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

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

Item 1K - Page 6

Revised 4.13.23 Page 3 of 70

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

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

4.3 Force Majeure. The time for performance of S ervices to be rendered under this Agreement may be extended because of any delays due to a For ce 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 fol lowing: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performin g 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 P arties 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 accord ance 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 issuance of Notice to Proceed , unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fau lt of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of terminati on, Contractor shall immediately cease al l Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation 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 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 Item 1K - Page 7

Revised 4.13.23 Page 4 of 70

compensation for t ermination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor , who shall be liable for the full cost of the City' s corrective action.

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

5. COORDINATION OF WORK

5.1 Representative of Cont ractor. The following principal of Contractor is designated as being the pri ncipal and representative of Contractor authorized to act and make all decisions i n its behalf with respect to the specified Services: Jacquelyn Diana (name), City/County Project Manager (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the S ervices 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 M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the pe rformance of the S ervices. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assi gnment. The experience, knowledge, education, capability, and reputation of Contractor, its pr incipals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or enti ty to perform any S ervices 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 o f City. Subcontracts, if any, shall contain a provision making them subject to all provis ions sti pulated 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 i ts 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 spec ified. Contractor shall perform all required Services as an independent contractor of Ci ty and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor ’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting Item 1K - Page 8

Revised 4.13.23 Page 5 of 70

such personnel, including, but not limit ed t o: social security taxes, income tax withholding, unemployment insurance, and workers’ comp ensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the followi ng personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

N ame: Title:

Jacquelyn Diana City/County Project Manager

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 S ervices are being perf ormed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or r epair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, inde mnify 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 mandator y upo n t he Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor C ode Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontrac tors (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, dem olition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contracto r and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors , as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contrac tor 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.

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7.1 Indemnification. To the fullest extent permitted by law, Contractor s hall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers , employees, agents, and volunte ers (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 including legal cos ts a nd attorney fees (collectively “Claims”), including but not limited to Claims arising from injur ies to or d eath of persons (Contractor ’s employees included) , for damage to property, including property owned by City, for any violation of any federal, st ate, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions , or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contract or’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 secti on 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be lim ited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor ’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the S ervices 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, expense s, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices 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, specifi cations, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of Ci ty. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall Item 1K - Page 10

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have no claim for further employment or additional compensation as a result of the exerci se 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 A udit and Inspection of Records . After receipt of reasonable notice and during the regular busin ess hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as C ity deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and do cuments in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

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

Legal actions concerning any dis pute, c laim, or matter arising out of or in relation to this Agreement shall be instituted in the Super ior Cour t of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreem ent 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 part y, shall not be employed in the interpretation of this Agreement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and identification 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 exerc ise of a ny right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

9.4 Rights and Remedies are Cumulative . Except with re spect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Item 1K - Page 11

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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 s ame or d ifferent 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 othe r rights or remedies, either P arty 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 th e event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

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

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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: South Coast Industrial Door, Inc.

Attention: Jacquelyn Diana
1275 Graphite Drive
Corona, CA 92881

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

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

11.4 Severability. Whenever possible, each provision of this Agreement shal l b e interpreted in such a manner as to be effective and valid under appli cable 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 u nenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

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

11.7 Recitals. The above -referenced Recitals are hereby incorporated into t he 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.

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11.8 Authority. T he persons executing this Agreement on behalf of the P arties 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 f ully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance wi th the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

13. F EDERAL 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 inclu ded in Exhibit “D” attached hereto and incorporated herein by reference (“Federal P rovisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SOUTH COAST INDUSTRIAL DOOR, INC.

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _________________ Item No. ______________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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1.1 Scope:

A. Contractor shall furnish labor, materials, and equipment to perform automatic rolling gates and door repair services (Work) on an as-requested basis at the Palm Springs International Airport (PSP). The scope of work shall include, but is not limited to:
a. Safety and effectively repair all hydraulic and chain driven automatic doors and rolling gates.
b. R epairs to the electrical system of airport doors and gates as needed. c. Provide all necessary parts for the repair of all automatic gates at PSP, especially the brand HySecurity.

B. Locations:

Location Quantity Door Type
Airport-Baggage Claim 6 Motorized doors for the bag belts Airport-Ticketing 5 Motorized doors
Airport-Bono Concourse 1 Manual bay door in the tug tunnel Airport-Gate 15A 1 Motorized perimeter gate
Airport-Gate 15B 1 Motorized perimeter gate
Airport-Gate 11 1 Motorized perimeter gate
Airport-Gate 7 1 Motorized perimeter gate
Airport-Gate 2 1 Motorized perimeter gate
Airport-Gate 23 1 Motorized perimeter gate
Airport-Gate 37 1 Motorized perimeter gate
Airport-Gate 39 1 Motorized perimeter gate
Airport-Gate 41 1 Motorized perimeter gate

C. Response time: Contractor shall respond to emergency calls for service or repair within twenty -four (24) hours. Emergency responses to include weekends, after - hours and holidays.

D. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

If the Contract or f ails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

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E. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person.

G. General safety re quirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right t o ov ersee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

H. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment f rom injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

I. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract i n an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.

City retains the right to retain materials or have another party salvage mater ial, at the discretion and direction of the facility manager.

1.2 Adjustment of services:

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

1.3 Pricing:

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

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

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

1.4 Payment:

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

1.5 Invoicing:

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

1.6 Special Security Requirements – Palm Springs International Airport:

1. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application c an be found on the Airport’s website at http://www.palm-springs.ca.gov

b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any sec urity measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a finge rprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as s tated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507.

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9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance. 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

2. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in Item 1K - Page 20

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accordance w ith the PSP Airp ort Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel.

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

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

Attendance of the video- based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

3. Violations – All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

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ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 23-32)

AIRPORT AUTOMATIC ROLLING GATES AND DOOR REPAIR SERVICES Responding to this IFB for on-call airport automatic rolling gates and door repair services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any addfona l charges, fees, etc. that are not already included or incorporated in the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY 1 Hounv Rate 17:00AM - 5:00PM) HR 200 •285 $57,000
2 Hounv Rate 15:00PM - 7:00AM\ HR 20 $427.50 $8,550
Parts and Materials% mark-up (Enter $ 1. 10 $110.00
3 the percent in the unit price column a! % 100 a decimal figure: Example, for a 5% markup, enter 1.05)
EQUipment Rental % mark-up (Enter $ 1. 10 $110.00
4 the percent in the unit price column a! % 100 a decimal figure: Example, for a 5% markuo enter 1.05\
Subcontractor% mark-up (Enter Ille $ 1. 10 $110.00
5 percent in the untt price column as a % 100 decimal figure: Example, for a 5% markuo enter 1.05\
6 TraveVTrip Charge EA 25 $612.50 $15,312.50
TOTAL !Enter this amount in PlanetBidsl $81,192.50
*Note: This bid fom, Is to detem,,ne the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Certified by: Jacquelyn Diana
Fim, Name: South Coast Industrial Door, Inc.

Signature of Authorized Person: ~ ~ ~
Printed Name: Jacquelyn Diana
Title: City/County Project Manager
Date: 07/26/2023

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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)
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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability a nd property da mage insurance against all claims for inju ries agains t persons or damages to property resulting from Contractor’s performance under th is Agreement.

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

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

2. M inimum Scope of Insurance. T he minimum amount of insurance requir ed under this Agreement shall be as follows:

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

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

3. Professional liability (errors and omissions) insurance with l imits of at least one million dolla rs ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;

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

3. Primary Insurance. For a ny claims related to this Agreement, Contr actor’s insurance coverage shall be primar y 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, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contri bute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1K - Page 24

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contribution it may have again st City, its elected officials, offic ers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the comp letion of Contractor ’s services under this Agreement, or (2) to ma intain professional liability insurance co verage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’ s services under this Agr eement. 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 provi ded 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. V erification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, inc luding additional insured endorsement s, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bi nd coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to requir e Contractor’s insurers to provide complete, certified copies of all required insura nce policies at any t ime. Additional insured endorsements are not required f or Errors a nd Omissions and Workers’ Compensation policies.

Verification of Insurance covera ge 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 Ins urance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Sprin gs, 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-c ontributory 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 polic ies be canceled before the expi ration date thereof, the issuing company will mail 30 days written notice to the C ertificate Holder named." Language such as, “end eavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representat ive" is not acceptable and must be crossed out.

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

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

All certificates of ins urance and endorsements are to be received and approved by the City before work commenc es. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

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

7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the o ption of the City, ei ther (1) the i nsurer 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 s hall procure a bond guaranteeing payment of losses and related investigations, claim administration, and def ense expenses.

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

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

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Exhibit C

EXECUTIVE ORDER N-6-22 CERTIFICATION

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

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

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Exhibit D

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

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

*Solicitation Clause also
Updated 2.8.2023
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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of 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 1K - Page 29

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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, c onversion, 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 pl ant (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 w ork [as defined by the U.S.

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

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

REQUIREMENTS -

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

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

Timetables
Goals for minority participation for each trade: [the City must insert established goal] Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) per formed 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 geographic al 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 s et forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minorit y and female employment and training must be Item 1K - Page 30

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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 Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any const ruction 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; estimated dollar amount of the subcontract; estima ted starting and compl etion 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 c ontracts that exceed the simplified acquisition threshol d as stated in 2 C FR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacem ent, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadw ays, parking lots, etc. – I nsert the Certificate of compliance to FAA Buy Ameri can Preference based on Construction Projects.
• Equipment and B uildings 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 & fir efighting 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 ir on or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non -ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables) ; glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101
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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 sta tutes, 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 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 its elf, its assignees, and successors in interest (hereinafter referred to as the “C ontractor”) 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. 252) (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 § 46 01) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as am ended (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 Right s Restoration Act of 1987 (PL 100-259) (broadened the sc ope, 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 Addr ess Environmental Justice 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 1K - Page 35

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• 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 pr ohibits 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) wi ll comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to tim e, 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 selection and retenti on of subcontractors, including procurements of materials and leases of equipment . The Contractor will not part icipate directly or indirectly in t he 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 m ade by the Contractor for work to be performed under a subcontract, including procur ements of materials, or leas es 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 th ereto and will permit access to its books, records, accounts, other sources of inf ormation, and its facilities as may be determined by the City o r the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Ac ts and Authorities and instructions. Where any information required of a C ontractor is in the exclusive possession of another who fai ls 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 Noncom pliance: I n the event of a Contractor’s noncompliance wi th the non-discrimination provisions of this contract, the City w ill impose such contr act sanctions as it or the Federal Aviation Administration may determine to be app ropriate, including, but not limited to:

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a. Withholding payments t o 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 Cont ractor 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 i s 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 ent er 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 $150,000, 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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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work H ours and Safety Standards Act Requirements ( CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the cont racts 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 requi rements of thi s Act, while DOL ’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

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

Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition pro jects where th e 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, watc hmen, and guar ds. This includes members of survey crews and exploratory drilling operations.

Property – While m ost land t ransactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project coul d 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 con tracting for any pa rt 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 ex cess 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 in excess of forty hours in such workweek.

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

In the event of any violation of the clause set forth in paragraph (1) of thi s clause, the Contractor and any subcontractor responsible therefor shall be liable 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 District of Colum bia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each 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 su ch individual was required o r permitted to work in excess of the sta ndard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

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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 performed by t he Contractor or subcontractor under any such contract or any other Federal contract with the same prime C ontractor, 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 neces sary 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 subcont racts 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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F AA – 09 Copeland Anti-Kickback

APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment , or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contr actor 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 al l construction contracts and subcontracts financed under the AIP that exceed $2,000.

Equipment – This provision applies to all equipment installation projects ( e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).

Professional Services –The emergence of different project delivery methods has created situations where Professional 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 t asks 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 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 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 1K - Page 41

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FAA – 10 Davis Bacon Requirements

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

Contract Types –
Construction – all construction contracts and subc ontracts that exceed $2,000 and include funding from the AIP.

Equipment – This provision applies to all equipment installation projects (e.g., elec trical 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 laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve labor ers and mechanics. The City must include this 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 labor ers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any 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 1K - Page 42

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determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determ ination (including any additional classification and wage rates conformed under (1)(ii) of this sect ion) 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 of ficer shall re quire 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 off icer 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 th e Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers , or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall r efer 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 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 cont ract from the first day on which work is perfor med in the classification.
(iii) Whenever the minimum wage rate prescribed in the cont ract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor Item 1K - Page 43

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shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or 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 Secretary of Labor may require the Cont ractor 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 hel pers, employed by the Contractor or any subcontractor the full amoun t 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 n otice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types descr ibed 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 o f any costs re asonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Dav is-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration o f apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for 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 ag ency 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 1K - Page 44

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Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number f or 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 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 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 executed certification set forth on the r everse 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 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 1K - Page 45

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

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Appr enticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification 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 permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor , 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 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 1K - Page 46

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trainee 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 less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to 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 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 s ubcontractor 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.

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

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

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

9. Disputes Concerning Labor Standards.

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

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

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

Reference: 2 CFR Part 200, Appendix II(D) ; 29 CFR Part 5; 49 USC § 47112(b) ; 40 USC §§ 3141-3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non- procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP -funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal 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 exce eds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in thi s federally assisted project. The Contractor will accomplish this by:

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

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

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

If the Federal Aviation Administrat ion late r 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 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 s hall not discriminate on the basis of race, color, nat ional origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and 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 contrac tor receives f rom [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. 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 C ontractor must not t erminate a DBE subc ontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, i nstances in which the prime contractor seeks to perform work originally designated for a DBE subcontract or with its own forces or those of an affiliate, a non - DBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed t o perform the work and supply the materials for which each is listed unless the C ontractor obtains writt en 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 circumstances 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 1K - Page 50

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

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

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

REQUIREMENT -

TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant 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 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 decrease crashes by distract ed drivers, including policies that ban text messaging while dri ving motor vehicles while perfor ming work activities associated with the project. The Contractor must include the substance of thi s clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

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

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

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

The Drug -Free Work place Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide 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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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to r ace, co lor, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.

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

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

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

Professional Services – all professional service agreements as required above.

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

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

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and 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 advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has Item 1K - Page 55

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access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses t he compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all 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, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will tak e 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, 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 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, subcontr acts 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 comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good fai th performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. 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 solicitatio n from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical ar ea 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 Compliance Programs office or from Federal procurement contracting officers .

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

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

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees 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 Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all 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 foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the 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 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 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 1K - Page 58

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and apprenticeship and trainee progr ams relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor.

The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all emp loyees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, l ayoff, termination, or other employment decisions including specifi c review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these 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, specif ically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the 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 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 1K - Page 59

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personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, 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 simil ar group of which the Contractor is a member and participant may be asserted as fulfilling any one or m ore of its obligations under 7a through 7p of these speci fications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the indus try, ensures that the concrete benefits of the program are 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 obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goal 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 of women is underutilized).

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

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

12. The Contractor shall carr y o ut such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as am ended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and Item 1K - Page 60

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

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

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, 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 application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

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

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

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

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

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

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

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

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to 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.

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 off icer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the en tering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or 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 Fed eral contract, grant, loan, or coope rative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers ( including subcontracts, sub-grants, and contracts under 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 t his certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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

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

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

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

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

Property/Land – Land acquisition contracts that include 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.

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 roo ms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertai nment 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 1K - Page 64

Revised 4.13.23 Page 61 of 70

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

REQUIREMENT -
All c ontracts 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
Item 1K - Page 65

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

Construction and Equipment – all construction and equipment projects.

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

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

The list of EPA -designated items is available at www.epa.gov/smm /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) 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)
Item 1K - Page 66

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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 exper imental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

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

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

Item 1K - Page 67

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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 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 safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41
Item 1K - Page 68

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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

Item 1K - Page 69

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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 1K - Page 70

Revised 4.13.23 Page 67 of 70

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

REQUIREMENT -

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U. S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contrac t or subcontract for 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) 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 States of America and the making of a false, fic titious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed 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 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 1K - Page 71

Revised 4.13.23 Page 68 of 70

discriminate against U.S. firms as 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 1K - Page 72

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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 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 veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1K - Page 73

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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 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 1K - Page 74

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1K - Page 75
Item 1K - Page 76

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
South Coast Industrial Door I

2. Address of Entity (Principal Place of Business)
1275 Graphite Drive, Corona, Ca 92881

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

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

5. Type of Entity
!;21 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
Danny J. McDaniel i;a Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
Clint W. McDaniel i;a Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other

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.

Danny J. & Charis L. McDaniel Trust 60%; South Coast Industrial Door, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]

8. Clint W. McDaniel 40%; South Coast Industrial Door, Inc. [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.

Sig
�
Disclosing Party, Printed Name, Title
c:/iw�Vf
Date
07/26/2023
Item 1K - Page 77

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

AUTHORIZE THE PURCHASE OF NINE (9) NEW VEHICLES AND EQUIPMENT RECOMMENDATION:

Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 3 Ford Mustang Mach E electric vehicles in an amount not to exceed $164,611.95.

1. Approve the issuance of a purchase order to National Auto Fleet Group, for the purchase of 6 Ford F-150 XL Hybrid 4WD SuperCrew vehicles in an amount not to exceed $378,005.36.

2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code.

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

Attachments
Item 1.L

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: AUTHORIZE THE PURCHASE OF NINE (9) NEW VEHICLES AND

EQUIPMENT

FROM: Scott C. Stiles, City Manager

BY: Department of Maintenance & Facilities

SUMMARY:

This action will authorize issuance of Purchase Orders for the purchase of new vehicles and equipment in an amount not to exceed $542,617.3 1 as follows: (i) 1 Engineering Services vehicle ; (ii) 1 Fire Department vehicle; (iii) 1 Special Program Compliance vehicle; and (iv) 6 additional vehicles requested for new positions for Information Technology (2), Parks & Recreation (1), Public Works (2), and Engineering (1).

Funding for this action is available in the Motor Vehicle Fund (Fund 510), a separate fund established solely for the purpose of acquiring new vehicles and operation and maintenance of the City’s fleet of vehicles.

RECOMMENDATION:

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 3 Ford Mustang Mach E electric vehicles in an amount not to exceed $164,611.95;

2. Approve the issuance of a purchase order to National Auto Fleet Group, for the purchase of 6 Ford F -150 XL Hybrid 4WD SuperCrew vehicles in an amount not to exceed $378,005.36;

3. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,

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

BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms are included as Attachment A.

Item 1L - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Authorization to Purchase Vehicles

BACKGROUND:

On June 5, 1996, the City Council adopted Resolution No. 18834 ( Attachment B ), establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. A copy of the resolution is included in the attachments. However, in past years during the econom ic recession, the City Council suspended regular vehicle replacements allowing replacements only on an emergency basis. This created a backlog of vehicles that have higher mileage and worn condition and that require replacement. In recent years, the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.

STAFF ANALYSIS:

As the age of the City’s existing fleet of vehicles increases, the annual cost to maintain these vehicles also increases. Staff monitors the ongoing operational and maintenance cost of its older vehicles and has identified an inventory of vehicles that should be replaced with new vehicles , given the accumulated cost of repairs in comparison to the current value of the vehicle. In certain additional cases, new vehicles are required to support additional staff.

The City’s Procurement and Contracting and Maintenance and Facilities Departments obtained a quote for 6 Ford F -150 trucks through a National Auto Fleet Group’s cooperative purchasing contract 091521-NAF and solicited quotes for the purchase of 3 Ford Mustang Mach E electric vehicles through local dealerships and received the followings quotes:

Cost listed below are on a per-vehicle basis
National Auto
Fleet Group
Fiesta Ford Palm Springs
Motors
Raceway Ford
F-150 $57,273.54
Mach E $53,497.22 $49,882.41* $56,910.89* $48,971.17**

*Note: In accordance Palm Springs Municipal Code 7.09.030, Fiesta Ford, Inc., and Palm Springs Motors, Inc., are vendors based in the Coachella Valley and therefore receive a 5% local preference on their bids.

** This is the average cost of two vehicles that are slightly different in cost as they are vehicles available on the lot with slightly different options.

This requested action includes the purchase of 3 Ford Mustang Mach E electric vehicles, and the 6 Ford F -150 XL Hybrid 4WD SuperCrew vehicles. The purchase of these vehicles follows the City’s Environmentally Preferable Purchasing Policy.

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City Council Staff Report
September 14, 2023 -- Page 3
Authorization to Purchase Vehicles

Staff has identified the following lists of replacement or new vehicles, and equipment for the subsequent Departments.

Engineering Services:

Engineering Services has one existing vehicle that is 18 years old and requires replacement, as listed below.

Existing Unit # Year Make/Model Mileage
320605 2005 Ford F-150 155,537

This vehicle is being replaced with the hybrid vehicle shown below:

Replacement Make/Model Cost
2023 Ford F-150 XL Hybrid 4WD
SuperCrew Truck $57,273.54
Contingency $5,727.35
Total Estimated Cost $63,000.89
*Vehicle Year, Make and Model may change due to availability.

Fire Department:

The Fire Department has one existing vehicle that is 21 years old and requires replacement, as listed below.

Existing Unit # Year Make/Model Mileage
1UT102 2002 Ford Expedition 137,378

This vehicle is being replaced with the hybrid vehicle shown below:

Replacement Make/Model Cost
2023 Ford F-150 XL Hybrid 4WD
SuperCrew 1x $57,273.54
Contingency $5,727.35
Total Estimated Cost $63,000.89
*Vehicle Year, Make and Model may change due to availability.

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City Council Staff Report
September 14, 2023 -- Page 4
Authorization to Purchase Vehicles

Special Program Compliance (Code Compliance):

Special Program Compliance has 1 existing vehicle that is 17 years old and require s replacement, as listed below.

Existing Unit # Year Make/Model Mileage
090406 2006 Ford Escape Hybrid 75,597

These vehicles are being replaced with the hybrid vehicles shown below:

Replacement Make/Model Cost
2023 Ford F-150 XL Hybrid 4WD
SuperCrew $57,273.54
Contingency $5,727.35
Total Estimated Cost $63,000.89
*Vehicle Year, Make and Model may change due to availability.

Fleet Additions:

Purchase six new vehicles for new positions not yet assigned a vehicle.

Make/Model Quantity Cost* Assigned To
2023 Ford F-150 XL
Hybrid 4WD SuperCrew 1 $57,273.54 Engineering
Services
2023 Ford F-150 XL
Hybrid 4WD SuperCrew 2 x $57,273.54 $114,547.08 Public Works 2023 Ford Mustang
Mach E (electric) 2 x $49,882.41 $99,764.82 Information Technology
2023 Ford Mustang
Mach E (electric) 1 $49,882.41 Parks and
Recreation
Contingency $32,146.79
Total Estimated Cost $353,614.64
*Vehicle Year, Make, and Model may change due to availability.

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City Council Staff Report
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Authorization to Purchase Vehicles

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 2, Community Infrastructure.

FISCAL IMPACT:

Annually the City Council appropriates funding in the Motor Vehicle Fund for new vehicles.

Sufficient funding is available in account 5106560-60020.

REVIEWED BY:

Department Director: Lauri Aylaian
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Resolution No. 18834

Item 1L - Page 5
Item 1L - Page 6

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
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If other than California, is the Entitv also reqistered in California? n Yes n No Type of Entity ~poration 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 P11--vl
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rih~ 'Th , ..t2 I D Officer ~irector D Member D Manager [name] D General Partner D Limited Partner
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CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM