Palm Springs City Council
January 25, 2024

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

JANUARY 25, 2024

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Jeffrey Bernstein, Mayor
Ron deHarte, Mayor Pro Tem
Grace Elena Garner, 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.

Pursuant to Assembly Bill 557:

To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): 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 (Small Conference Room): See Closed Session Agenda.

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.

January 25, 2024 City Council Regular Meeting Agenda 2

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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

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

REPORT OF CLOSED SESSION:

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

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. RATIFY THE NOMINATION TO THE MOUNT SAN JACINTO WINTER PARK

AUTHORITY
RECOMMENDATION:

Reappoint Nancy Stuart and Jerry Ogburn to the Mount San Jacinto Winter Park Authority for terms ending September 30, 2027.

B. ACCEPTANCE OF TWO RESIGNATIONS FROM THE PARKS AND
January 25, 2024 City Council Regular Meeting Agenda 3 B. ACCEPTANCE OF TWO RESIGNATIONS FROM THE PARKS AND

RECREATION COMMISSION
RECOMMENDATION:

Accept the resignations of Scott Page and Christopher Spellman from the Parks and Recreation Commission effective immediately.

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

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2023.

D. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MWH CONSTRUCTORS, INC. (A9141), A DELAWARE CORPORATION, IN THE AMOUNT OF $274,567 FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
RECOMMENDATION:

Approve Amendment No. 2 in the amount of $274,567 to PSA No. A9141, for a new not-to-exceed amount of $1,537,927.14 with MWH Constructors, Inc. for the WWTP Digester No. 2 and Filtrate Pump Station, City Projects No. 20-25 and 21-07 (Project); and

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

E. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P007 WITH

IMPRENTA FOR ON-CALL SPANISH LANGUAGE DIGITAL MARKETING

SERVICES
RECOMMENDATION:

Approve Contract Services Agreement No. 24P007 with Imprenta Communications Group, Inc. to provide on-call Spanish language digital marketing, website and social media support services in an amount not to exceed $250,000 for a three-year term with two one-year extension options at the City’s sole discretion, beginning January 29, 2024, through January 28, 2027.

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

January 25, 2024 City Council Regular Meeting Agenda 4

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

CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE

VACANT POSITION OF ASSISTANT DIRECTOR OF PARKS AND RECREATION

FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE FEBRUARY 5, 2024
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM

RETIRED ANNUITANT TO THE VACANT POSITION OF ASSISTANT

DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF PALM
SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE FEBRUARY 5, 2024.”

1. Authorize the City Manager to execute any documents necessary to effectuate the above actions.

2. G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE

VACANT POSITION OF SENIOR HUMAN RESOURCES SPECIALIST FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE JANUARY 22, 2024.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM

RETIRED ANNUITANT TO THE VACANT POSITION OF SENIOR HUMAN

RESOURCES SPECIALIST FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE JANUARY 22, 2024.

1. Authorize the City Manager to execute any documents necessary to effectuate the above actions.

2. H. APPROVE CONSULTING SERVICE AGREEMENTS FOR INLINE BAGGAGE

HANDLING SYSTEM CONSTRUCTION MANAGEMENT SERVICES FOR THE

PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Consulting Services Agreement No. 24Q002 (Attachment A) with Mead & Hunt, Inc. to provide construction management services for the inline baggage handling system and related building improvements for an amount not to exceed $3,000,000 for a term of approximately three years.

1. Appropriate and budget funds in the amount of $3,000,000 from the Airport Special Capital Project Fund Account 4167065.80000.

2. Authorize the City Manager or designee to execute all necessary documents and authorize the Executive Director of Aviation to execute all task orders that fall within the total-not-to-exceed amount of the agreement.

3. I. AUTHORIZE THE PURCHASE OF FIVE (5) NEW VEHICLES
January 25, 2024 City Council Regular Meeting Agenda 5 I. AUTHORIZE THE PURCHASE OF FIVE (5) NEW VEHICLES
RECOMMENDATION:

Approve the issuance of a purchase order to Salinas Lincoln Mercury, Inc, dba My Jeep Chrysler Dodge Ram, for the purchase of one (1) new Jeep Cherokee 4XE plug-in vehicle in an amount not to exceed $74,549.53, inclusive of a 10% contingency;

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of three (3) new Ford Mustang Mach E vehicles, and one (1) new Ford F-750 Water Truck in an amount not to exceed $330,180.60, inclusive of a 10% contingency;

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

J. AWARD SALES AND USE TAX AUDIT SERVICES AGREEMENT
RECOMMENDATION:

Approve Contract Services Agreement No. 23P380 with MuniServices, LLC, to provide Sales and Use Tax Audit Services for a five-year term in an amount not to exceed $290,055 beginning February 1, 2024, through January 31, 2029; and

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

K. ANNUAL ACCOUNTABILITY REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND COMMUNITY FACILITIES DISTRICT 2007-1 (TRIBAL LANDS)
RECOMMENDATION:

Receive and file the Community Facilities District No. 2005 – 1 (Public Safety Services) and Community Facilities District No. 2007 – 1 (Tribal Land) Special Tax and Bond Accountability Report for Fiscal Year 2022-23.

January 25, 2024 City Council Regular Meeting Agenda 6

L. AUTHORIZE THE PURCHASE OF ONE (1) NEW VELOCITY 107’ AERIAL TRUCK AND THREE (3) VELOCITY TRIPLE COMBINATION PUMPER TRUCKS IN AN AMOUNT NOT TO EXCEED $6,202,592.49
RECOMMENDATION:

Approve Cooperative Purchase Agreement 24C009 (Attachment A) with South Coast Fire Equipment to purchase one (1) new velocity 107’ aerial truck and three (3) new velocity triple combination pumpers in an amount not to exceed $5,638,720.45 for the initial five-year term beginning February 1, 2024, continuing through January 31, 2029, with a one-year extension option at the City's sole discretion.

1. Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $563,872.05 (10%);

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

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

M. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $21,970, APPROVE AN INTERLOCAL AGREEMENT WITH

OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE COUNTY OF

RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT
RECOMMENDATION:

Approve the acceptance of a grant award from the United States Department of Justice in the amount of $21,970 for the 2023 Justice Assistance Grant (JAG) Program.

1. Approve Interlocal Agreement 24G008 with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies.

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

N. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT TO HAZEN AND SAWYER IN THE AMOUNT OF $350,000 FOR PROFESSIONAL SERVICES FOR THE SEWER MASTER PLAN UPDATE, CITY PROJECT 23-13
RECOMMENDATION:

Award a Professional Services Agreement with Hazen and Sawyer in an amount not to exceed $350,000 for professional services for the Sewer Master Plan Update, City Project 23-13.

1. Appropriate funding in the amount of $350,000 from Wastewater Capital Improvements Fund balance.

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

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

January 25, 2024 City Council Regular Meeting Agenda 7

2. PUBLIC HEARINGS: None.

3. BUSINESS & LEGISLATIVE:

A. APPROVAL OF THE AIRPORT MASTER PLAN TERMINAL DESIGN FOR THE

PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Review the Airport Master Plan terminal design alternatives 1A and 3 and approve the Airport Master Plan terminal design for the Palm Springs International Airport.

B. SECURITY CAMERAS, AUTOMATED LICENSE PLATE READERS

PURCHASED AND CONTROLLED BY PRIVATE ENTITIES
RECOMMENDATION:

Direct Staff as appropriate.

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.

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 January 19, 2024, and posted on the City’s website as required by established policies and procedures.

January 25, 2024 City Council Regular Meeting Agenda 8

____________________________
Brenda Pree,

MMC, CERA
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.

January 25, 2024 City Council Regular Meeting Agenda 9

CITY COUNCIL STAFF REPORT
D
ATE: JANUARY 25, 2024 CONSENT CALENDAR
S
UBJECT: RATIFY THE NOMINATION TO THE MOUNT SAN JACINTO WINTER PARK

AUTHORITY
F
ROM: Scott C. Stiles, City Manager
BY: B
renda Pree, City Clerk
RECOMMENDATION:

R
eappoint Nancy Stuart and Jerry Ogburn to the Mount San Jacinto Winter Park Authority for terms ending September 30, 2027.

BACKGROUND:

T
he seven-member Mount San Jacinto Winter Park Authority, a public agency and public corporation of the State of California, is the governing body of Palm Springs Aerial Tramway.

T
wo members of the Authority are appointed by the Palm Springs City Council, two by the Riverside County Board of Supervisors , and three by the California Governor. They serve a four-year term without compensation. Regular meetings of the Board are held in June, August, October, January, February and April on the third Wednesday of each meeting month, at 9:30 a.m.

M
ount San Jacinto Winter Park Authority submitted a nomination letter to reappoint Nancy Stuart and Jerry Ogburn to the Board of Directors. The City Clerk's Office has no other applications for the Mount San Jacinto Winter Park Authority on file.

C
urrent Authority Member Roster:
• Brian Conley, Big Bear Lake. Educator. Appointed by the Governor.

Term expires January 2026.
• Bary Freet, Palm Springs . Businessman. Appointed by the Riverside County Board of Supervisors. Term expires September 2024.

Item 1A - Page 1
City Council Staff Report
January 25, 2024 -- Page 2
Ratify Nomination to Mount San Jacinto Winter Park Authority • Sandra Magana Cuellar, Corona. Businesswoman. Appointed by the Governor. Term expires October 2026.
• Brian Nestande, Palm Desert. Businessman. Appointed by the Riverside County Board of Supervisors. Term expires September 2023.
• Jerry Ogburn, Palm Springs. Businessman. Appointed by the Palm Springs City Council. Term expires September 2023.
• Jeff Ohlfs, Twentynine Palms. National Park Ranger (ret.). Appointed by the Governor. Term expires January 2026.
• Nancy J. Stuart, Palm Springs. Businesswoman. Appointed by the Palm Springs City Council. Term expires September 2023.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:

A. Mount
San Jacinto Winter Park Authority's Recommendation for Reappointment Item 1A - Page 2

ATTACHMENT A
Item 1A - Page 3

Item 1A - Page 4

MOUNT SAN JACINTO WINTER PARK AUTHORITY
Mar !1 ,2023
t-.favor
1\l'l~I P:,lm Spri ngs Chy Counc il
City of Palm Springs
l~O. flox 2743
Palm Spring,, CA 92263
De"'r f\,fayor & Councilmcmbcr~,
The Bc,:lrd o f Direccors for the J\lt San Jacin to Winter Park Authority has unanimo usly­ dirc:cte<l me co ad,·isc vo,, of their desire to h;l\'c Board Members Nancy Stua rt and Jerry­ Ogburn reapp uintc<l.
f\fornber Sru:\rt h:l~ ~r-vcd ,vith distinction as Ch:1ir. Secrc tar:: and is currcncly Ttc.'!lsurcr of the Authority. She bring$ \":tluah!e kno,vledge as :1 for mer rru11iagcr of :.l fin:.lnci.'\) inscituciotb and presen tly i5 the Commi ttee Ch.1ir o,·cr..ccing the Tram 's 60 1 " Anni n :rs:1ry cdcbrntion dU~
Scptcmbt"r.

Member Ogburn has served as Chair, $(.,crctary, Treasu rer, anll provide:- a brood range of design and ar6.itecnm1J principles. Mc took the lead in the recent remodel of the Trnm,s hi:;mric Moum:tin s,~nion, kcc:ping its historic ioregri1y inracc.

The Tram !loud o f Directors and staff value thci.i: guidan·:c. T heir :1ttendance at Boardl mee1iogs are e::.emplary ~1,d trul)' appreci:irt:d.

Bod1 have proudly reprcstntt:<l rhc Cit}· of Palm Spnngs.

Tha nk you for your cons ideration rcgacding this request.

Sinc«cl)', ~
~ ls
~::~~~~~s~r
PALM SPRINGS AERIAL TRAMWAY I Ph: (760) 32~•1449 Fax: \760) 325-6682 One Tram Way, Palm Spnngs, CA 92262 Web: w,vw.pS~amway.com

CITY COUNCIL STAFF REPORT

DATE: JANUARY 25, 2024 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF TWO RESIGNATIONS FROM THE PARK S AND

RECREATION COMMISSION

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Accept the resignation s of Scott Page and Christopher Spellman from the Parks and Recreation Commission effective immediately.

BACKGROUND:

The City Council appointed Mayor Bernstein and Mayor Pro Tem deHarte to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. With th is action, all Boards and Commissions seats will be filled, with the exception of two (2) alternate vacancies within the Administrative Appeals Board, one (1) vacancy on the Airport Commission, one (1) vacancy on the Human Rights Commission, one (1) vacancy on the Planning Commission, and two (2) vacancies on the Parks and Recreation Commission. The next open recruitment is scheduled between March 2024 through April 2024.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Email Resignation from Scott Page
B. Email Resignation from Christopher Spellman

Item 1B - Page 1

ATTACHMENT A

Item 1B - Page 2

From: Yvonne Wise
To: Cassandra Edney; Brenda Pree; Janet Burns
Subject: Parks & Recreation Commissioner Scott Page Date: Thursday, January 18, 2024 11:42:15 AM

-----Original Message-----
From: Scott Page <[email protected]>
Sent: Monday, December 4, 2023 10:32 PM
To: Yvonne Wise <[email protected]>
Subject: Note from Scott Page

NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Hi Yvonne,

I hope that you are doing well. I have struggled with writing this email. It is with deep regret that I must leave my seat on the Parks & Recreation Commission. My mom and family need my full support right now and likely over the next several months as my mom continues to transition.

I am incredibly sorry that I will miss out on the great work of the commission shepherded by you, an amazing leader for the City of Palm Springs, and Southern California. It has been a pleasure to get to know you and observe your talent and leadership.

I will keep in touch and I hope to give back to the community when the time is right. Sending best wishes to you and the commission as you continue to champion children and families in the desert.

Highest regards,
Sc
ott Page
Sr VP
National University
619.481.0960
Item 1B - Page 3

ATTACHMENT B

Item 1B - Page 4

Item 1B - Page 5
From: cspellman12 [email protected] <[email protected]>
Se nt: Tuesday, January 16, 2024 2:51 PM
To: Yvonne Wise <Yvonne.W [email protected]>
Subject : Christopher Spellm an st eppi ng down fro m Commission NOTICE: This message originat ed outs ide of The City of Palm Springs -- DO NOT CLICK on links or open attachme nts unless you are sure the content is safe.

To Whom it May Concern ,
As my term w ith the Parks and Recreation commission is coming to a close, I will be stepping down effec tive immediately in order for the Commission to take next steps w ith find ing the ir next commissioner. Thank you for the hono r in helping our community and beautiful city of Palm Springs.

Sincerely ,
Christopher Spellm an
Sent from AOL on Andro id

CITY COUNCIL STAFF REPORT

DATE: JANUARY 25, 2024 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 31, 2023

FROM: Scott C. Stiles, City Manager

BY: Procurement and Contracting Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of December 1 through December 31, 2023.

STAFF ANALYSIS:

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

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

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

REVIEWED BY:

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

ATTACHMENTS:

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

ATTACHMENT A

Item 1C - Page 2
Staff Authorized Agreements
December 1, 2023 - December 31, 2023
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
23I376 WIRING SERVICES AT PSP LUZ INVESTMENT CORP. DBA KENTEL $1,000.00 23I377 WORKLEAP-SHAREGATE SUBSCRIPTION INSIGHT PUBLIC SECTOR $4,889.03 23I392 INSTALLATION OF CARD READER AT CITY HALL CONVERGINT TECHNOLOGIES LLC $6,668.00

COMMUNITY &
ECONOMIC DEV.
23F384 FAÇADE IMPROVEMENT GRANT AGREEMENT GRIT DEVELOPMENT, LLC $7,500.00 FIRE DEPARTMENT 23I383 DEPARTMENT PHOTOS LANI GARFIELD $6,000.00

ENGINEERING - PUBLIC
WORKS
23I378 TRAFFIC COUNTS - SUNNY DUNES & CALLEY PALO
FIERRO
COUNTS UNLIMITED INC $500.00
23I381 TERRAZZO HARD FLOOR RESTORATION SERVICES BUBBLES CARPET CLEANING, LLC $39,440.00 23I391 APPRAISAL SERVICES LARRY L. SIMON, MAI $8,000.00 23S375 ASSESSMENT SERVICES AND VFA CORE TRAINING VFA, INC. $24,714.00 23I397 ONSITE TRAINING FOR HIGH VOLTAGE ELECTRICAL
SAFETY FOR POWER GTD-29 CRF 1910.269

AMERICAN TRAINCO, LLC DBA TPC

TRAINING
$8,900.00

AVIATION DEPARTMENT

FACILITIES

MAINTENANCE

INFO TECHNOLOGY

Item 1C - Page 3

ATTACHMENT B

Item 1C - Page 4
Purchase Orders
December 1, 2023 - December 31, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000942 A9056 PLAZA THEATRE FOUNDATION MOU ONGOING

CONTRIBUTIONS

PALM SPRINGS PLAZA THEATRE

FOUNDATION
$50,000.00
24001025 A9324 ODP OFFICE SOLUTIONS FURNITURE -IT BLUE RM

BUILDOU
ODP BUSINESS SOLUTIONS $34,581.53
24000687 A9324 OFFICE FURNITURE-JASON ODP BUSINESS SOLUTIONS $7,053.11 24000932 23I358 UPS AND BYPASS PANEL PROJECT CDW GOVERNMENT INC $37,459.11 24000934 A9194 HARDWARE REPLACEMENT DELL MARKETING LP $40,216.89 24000941 SCANNER FOR THERESA B & H PHOTO $696.23
24000967 HP PRINTER FOR FLINN CD W GOVERNMENT INC $662.36 24000976 GETAC K120 – NEW OFFICERS CO DE 3 TECHNOLOGY LLC $62,658.43 24000977 VEEAM 12/1/23-11/30/24 IN SIGHT PUBLIC SECTOR INC $18,023.04 24000979 23I376 AUDIT TELCO AND DATA WIRE AT AIRPORT LUZ INVESTMENT CORP $1,000.00 24000993 PRINTER FOR FACILITIES B & H PHOTO $503.66
24001023 CAMERA EQUIPMENT FOR JAKE B & H PHOTO $9,191.18 24001031 23I377 SHAREGATE LICENSE 12/21/23-12/21/24 INSIGHT PUBLIC SECTOR INC $4,889.03 24001032 2 PRINTERS B & H PHOTO $1,007.33
24001035 HP FAX MACHINE FOR DISPATCH B & H PHOTO $480.22 HUMAN RESOURCES 24000968 REFRIGERATION EQUIPMENT AND ACCESSORIES A MAZON COM $174.79 24000758 A9324 CITY STANDARD OFFICE FURNITURE ODP BUSINESS SOLUTIONS $8,022.83 24000970 A9324 CITY STANDARD OFFICE FURNITURE PER QUOTE NO.618143
ODP BUSINESS SOLUTIONS $7,103.63
24000930 PURCHASE 25 TONS OF PLAYGROUND SAND - RUTH
HARDY
SOUTHWEST BOULDER AND STONE INC $3,414.07
24000940 A9296 QUOTE # 647. STAGING TRAILER TOW FOR FESTIVAL OF L
PLAZA TOWING INC $1,050.00
24000963 BANN ERS FOR PARADE MARSHALS IMAGE360 PALM DESERT $1,769.85 24000964 23I366 WEBSITE DESIGN AND MAINTENANCE SCARLIGHT LLC $5,760.00 24000965 MATERIAL NEEDS FOR SOFTBALL FIELD REPAIR AND
GENER
EWING IRRIGATION PRODUCTS $2,477.10
24000966 REPLACE PICKLEBALL NETS AT DEMUTH PARK. V ARSITY BRANDS HOLDING CO INC $1,651.72 24000994 23I333 SECURITY SERVICES FOR THE FESTIVAL OF LIGHTS PARAD
COTA SECURITY SERVICES INC $7,216.00
24001018 ROBOTIC POOL CLEANER S CP DISTRIBUTORS LLC $5,829.82 24001019 23I373 BLEACHER SETS FOR THE FESTIVAL OF LIGHTS PARADE. MIKE BROWN GRANDSTANDS INC $6,700.00 24000119 PURCHASE OF MATERIALS IN PRINT AND CD/DVD
FORMAT
AMAZON COM $8,000.00
24001021 2024 SUMMER READING ITEMS IL LINOIS LIBRARY ASSOCIATION $3,101.89 24000931 PAR KING CITATIONS FOR PSPD PROFORMA SOCAL $2,246.80 24000973 SUPPLIES FOR PSPD GUN RANGE B ROWNELLS INC $346.08 24001022 CHA LLENGE COINS POINT EMBLEMS LLC $4,482.31

LIBRARY

POLICE DEPARTMENT

RECREATION

DEPARTMENT

FINANCE DEPARTMENT

PARKS MAINTENANCE

MECHANICS

INFO TECHNOLOGY

A/CITY MANAGER ADMIN

Item 1C - Page 5
Purchase Orders
December 1, 2023 - December 31, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
FIRE DEPARTMENT 24001028 23I383 DEPARTMENT PHOTOS LANI GARFIELD $6,000.00 24000978 23I378 TRAFFIC COUNTS COUNTS UNLIMITED INC $500.00 24001020 A8569 ON-CALL INSPECTION SERVICES SOUTHSTAR ENGINEERING AND

CONSULTING INC
$24,000.00
24000946 23I320 PSP WEBSITE MAINT & HOSTING AVIATRIX COMMUNICATIONS $32,629.00 24000961 A9294 PSP RJ RESTROOM DOOR REPAIR-WOMEN'S HINGEWERKS COMMERCIAL DOORS INC. $5,000.00 24000990 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS HINGEWERKS COMMERCIAL DOORS INC. $4,461.00 24000991 23B224 PSP ROOFING REPAIRS EPDM AL MILLER AND SONS ROOFING INC $1,800.00 24000992 23B224 PSP ROOFING REPAIRS EXHAUST VENT AL MILLER AND SONS ROOFING INC $1,600.00 24001003 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS HINGEWERKS COMMERCIAL DOORS INC. $4,650.00 24001004 23B121 PSP PLUMBING SERVICES UNIVERSAL GREEN LLC $3,750.00 24001005 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $4,658.72 24001006 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $1,446.84 24001007 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $5,000.00 24001017 A9324 PSP ADMIN FURNITURE #1033 ODP BUSINESS SOLUTIONS $1,372.86 24001024 PSP OPS UNIFORMS - WINTER JACKETS RLP UNIFORM INC $3,308.63 24001027 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS HINGEWERKS COMMERCIAL DOORS INC. $5,000.00 24001033 A9253 PSP BAGGAGE HANDLING SYS REPAIRS JULIO G ESCOBEDO JR $1,800.00 24001034 A9253 PSP BAGGAGE KART MAINT REPAIR JULIO G ESCOBEDO JR $1,800.00 24000829 A9069 INSTALL METAL DUCT WORK IN THE SHOPS. ALLISON MECHANICAL INC $6,500.00 24000859 ELECTRICAL POWER OUTAGE HAMPTON TEDDER TECHNICAL SERVICES $19,574.00 24000863 23B101 HR PANIC SENSOR CHECKMATE TELEPHONE EXCHANGE INC $129.00 24000927 A9071 PS POLICE DEPT. SEWER BLOCKAGE KINCAID INDUSTRIES INC $1,111.70 24000928 A9135 DESERT HIGHLAND FRONT DOOR REPAIR OLLIN DOCK & DOOR INC $5,021.77 24000933 A9108 CITY HALL BLUE ROOM & IT ASST. DIRECTORS OFFICES PROFESSIONAL ASBESTOS REMOVAL

CORPORATION
$15,000.00
24000935 A9071 EL CIELO AND TAHQUITZ CANYON BROKEN WATER LINE
KINCAID INDUSTRIES INC $35,000.00
24000947 A9145 FLORRING FOR SPECIAL PERMITS MOHAWK COMMERCIAL INC $4,284.64 24000954 23S375 DUE DILIGENCE ASSESSMENTS AND MIXED-CLIENT

TRAININ
VFA INC $24,714.00
24000956 A9135 FLEET DEPT. ROLL UP DOOR NO. 3 OLLIN DOCK & DOOR INC $1,977.82 24000958 A9135 FIRE STATION #4 NEW LOCK AND HANDLE SET OLLIN DOCK & DOOR INC $5,000.00 24000959 A9071 NEW FIXTURES IN CITY HALL RESTROOMS KINCAID INDUSTRIES INC $19,320.31 24000960 A9186 CHEMICALS FOR MUNI COGEN PLANT NALCO COMPANY $3,199.48

FACILITIES

MAINTENANCE

ENGINEERING - PUBLIC
WORKS

AVIATION DEPARTMENT

Item 1C - Page 6
Purchase Orders
December 1, 2023 - December 31, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000971 CITY HALL PUMP SEAL REFRIGERATION SUPPLIES DISTRIBUTOR $2,536.25 24000974 A9135 FIRE DEPT. NO. 1 REAR ROLL-UP DOOR OLLIN DOCK & DOOR INC $5,844.00 24000981 A9071 REPLACE TOILET VACUUM AT FIRE STATION NO. 2. KINCAID INDUSTRIES INC $515.45 24000985 A9071 FIRE STATION NO. 3 WATER LEAK KINCAID INDUSTRIES INC $738.95 24000986 A9071 CITY HALL BLUE ROOM KINCAID INDUSTRIES INC $692.54 24000988 A9068 TROUBLESHOOT AND REPAIR LIGHTS AT THE CITY YARD.

M BREY ELECTRIC INC $2,852.00
24000995 A9136 CITY HALL BLUE ROOM RENOVATION PUB CONSTRUCTION INC $55,070.40 24000996 A9068 CVEP OFFICE ADDITION ELETRICAL M BREY ELECTRIC INC $41,719.00 24001015 A9071 FIRE STATION NO. 1 URINAL BLOCKAGE KINCAID INDUSTRIES INC $434.30 24001029 23B101 BATTERY REPLACEMENT FOR BARISTO FIRE SYSTEM CHECKMATE TELEPHONE EXCHANGE INC $231.25 24000689 A9265 EMERGENCY REPAIRS ON UNIT 3108E EST#PALM8823 SOUTHERN CALIFORNIA FLEET SERVICES INC
$28,127.17
24000716 23C078 REPAIRS ON BACKUP AIRPORT GENERATOR
EST#125387-1
QUINN COMPANY $10,281.28
24000843 23S057 STEP VALVE FOR STOCK SOUTH COAST EMERGENCY VEHICLE

SERVICE
$1,803.25
24000925 A9230 REMOVE AND REPLACE WINDSHIELD GERGIS YOUSEF $750.00 24000926 A9230 REPLACE WINDSHIELD GERGIS YOUSEF $485.00 24000929 A9241 2023 TESLA REPAIR SERVICE J & L AUTO BODY INC $4,352.06 24000936 A9241 2021 FORD EXPLORER INTERCEPTOR J & L AUTO BODY INC $7,224.73 24000938 A9265 FIRE APPARATUS REPAIRS SOUTHERN CALIFORNIA FLEET SERVICES INC
$15,000.00
24000939 23S060 PD MOTORCYCLE REPAIR JORDAN FREEMAN $7,500.00 24000948 A9190 POLICE VEHICLE TOWING MOHICA TOWING $460.00 24000949 A9040 FLEET DEPARTMENT TIRE PURCHASE DANIELS TIRE SERVICE INC $986.14 24000950 A9190 VEHICLE TOWING MOHICA TOWING $230.00 24000951 A9040 FLEET DEPARTMENT TIRE PURCHASE DANIELS TIRE SERVICE INC $1,487.82 24000952 A9230 VEHICLE REPAIR GERGIS YOUSEF $1,323.91 24000953 A9190 POLICE VEHICLE TOWING MOHICA TOWING $465.00 24000955 23C078 EMERGENCY GENERATOR REPAIR QUINN COMPANY $2,811.59 24000962 LADDER RACK CUSTOM TRUCK BODY & EQUIPMENT, INC. $3,959.81 24000969 A9153 OIL PURCHASE FLEET OPERATIONS SC COMMERCIAL LLC $3,070.22 24000982 A9040 TIRE PURCHASE DANIELS TIRE SERVICE INC $629.55 24000983 A9190 POLICE VEHICLE TOWING MOHICA TOWING $460.00 24000984 A9230 VEHICLE REPAIR GERGIS YOUSEF $2,341.78 24000989 23S060 PD MOTORCYCLE REPAIR JORDAN FREEMAN $1,201.76

FLEET OPERATIONS

Item 1C - Page 7
Purchase Orders
December 1, 2023 - December 31, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000997 23B104 VEHICLE OUTFITTING BLACK AND WHITE EMERGENCY VEHICLES $15,000.00 24000998 23B104 VEHICLE OUTFITTING BLACK AND WHITE EMERGENCY VEHICLES $5,063.32 24001008 23S057 UNIT # 220. SERVICE REPAIR SOUTH COAST EMERGENCY VEHICLE

SERVICE
$880.84
24001009 A9296 TOW OF UNIT 6100E. PLAZA TOWING INC $990.00 24001010 A9296 UNIT 068500. TOW 2014 FORD F-450 SUPER DUTY. PLAZA TOWING INC $1,485.00 24001011 A9265 UNIT 224. SERVICE CALL SOUTHERN CALIFORNIA FLEET SERVICES INC
$1,581.69
24001012 A9265 SERVICE CALL ON UNIT 218. SOUTHERN CALIFORNIA FLEET SERVICES INC
$1,049.70
24001013 A9265 UNIT # 204. ROAD CALL - TRANSMISSION /COOLANT SOUTHERN CALIFORNIA FLEET SERVICES INC
$1,598.63
24001014 A9190 TOW OF UNIT 503 EVENT COORDINATOR TRUCK MOHICA TOWING $115.00 24001016 A9153 OIL ABSORBENT SC COMMERCIAL LLC $155.39 24001026 23S057 E3 SERVICE - CHECK ENGINE ON UNIT # 221 SOUTH COAST EMERGENCY VEHICLE

SERVICE
$11,231.01
24001036 A9230 UNIT 060. CHECK ENGINE LIGHT GERGIS YOUSEF $171.20 24000937 A9192 SIGNS & ANCHORS CITYWIDE PACIFIC PRODUCTS AND SERVICES LLC $6,309.52 24000987 A9248 CONCRETE FOR 1505 N. PALM CANYON HI GRADE MATERIALS CO $647.80 24001002 A9248 CONCRETE FOR JOJ PARK HI GRADE MATERIALS CO $2,477.19 24001030 A9248 CEMENT FOR RUTH HARDY PARK HI GRADE MATERIALS CO $544.46

DOWNTOWN PARKS

MAINTENANCE
24000972 JACKET EMBLEMS DESERT PROMOTIONAL EMBROIDERY LLC $256.00 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

STREETS MAINTENANCE

Item 1C - Page 8

CITY COUNCIL STAFF REPORT

DATE: JANUARY 25, 2024 CONSENT CALENDAR

SUBJECT: A PPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MWH CONSTRUCTORS, INC. (A9141), A DELAWARE CORPORATION, IN THE AMOUNT OF $274,567 FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS
FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20 -25 AND 21-07

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

The requested action will approve Amendment No. 2 to the Professional Services Agreement (PSA) with MWH Constructors, Inc. (Agreement No. A9141) in the amount of $274,567. The increased cost is the result of South Coast Air Quality Management District’s (AQMD) requirements. A new treatment system is required to lower sulfur emissions from the waste gas flare at the Wastewater Treatment Plant. This amendment will cover the additional construction management and inspection services cost for the installation of the new treatment system.

RECOMMENDATION:

1. Approve Amendment No. 2 in the amount of $274,567 to PSA No. A9141, for a new not-to-exceed amount of $1,537,927.14 with MWH Constructors, Inc. for the WWTP Digester No. 2 and Filtrate Pump Station, City Projects No. 20-25 and 21- 07 (Project); and

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

BUSINESS PRINCIPAL DISCLOSURE:

MWH Constructors, Inc. is a Delaware corporation. A copy of their Public Integrity Disclosure Form is included as Attachment A.

Item 1D - Page 1
BACKGROUND:

In order to meet and reduce sulfur oxides, AQMD passed Rule 431.1, Sulfur Content of Gaseous Fuels. The new rule affects the City’s flare permit to operate at the Wastewater Treatment Plant (WWTP). To meet the new rule, the City requested assistance from MWH Constructors, Inc. to meet AQMD’s new permit requirements to operate the flare. MWH Constructors, Inc. will provide construction management and inspection services for the installation of the gas flare and new treatment system to reduce sulfur being emitted at the WWTP.

STAFF ANALYSIS:

On November 10, 2023, MWH Constructors Inc. submitted a formal proposal for the additional services at the WWTP Digester No. 2 Waste Gas Flare & Filtrate Pump Station Projects for a total not-to-exceed amount of $274,567. A copy of the proposal is included as Attachment B. The increased cost is the result of requirements imposed by the South Coast Air Quality Management District in the permit issuance process for the gas flare.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Staff has determined that the City of Palm Springs Wastewater Treatment Plant Digester No. 2, Gas Flare and Filtrate Pump Station Improvement Project, City Projects No. 20- 25 and 21-0 7, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Additional funds in the amount of $274,567 are needed from the Wastewater Fund balance; there is adequate funds in the account to cover the increased Project cost. The Project is a part of the 2021 Wastewater Capital Rehabilitation and Repair Plan, which identifies capital projects directly related to the City’s WWTP or sanitary sewer collection system. Projects identified in the plan are paid for by sewer fees collected by the City.

Item 1D - Page 2
REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Form – MWH Constructors, Inc.

B. MWH Constructors, Inc. Proposal dated November 10, 2023 Item 1D - Page 3

Attachment A
Item 1D - Page 4

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

5. Type of Entity
☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Trust ☐ Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Officer ☐ Dir ector ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Officer ☐ Dir ector ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

MWH Constructors, Inc.
8001 Arista Place, Suite 500, Broomfield, CO 80021
301 North Lake Avenue, Suite 115, Pasadena, CA 91101
Delaware
X
XRandy Lovan, Regional Manager
Blair Lavoie, Director
James Lee, Director
✓
✓
Item 1D - Page 5

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

Jane Doe
[name of owner/investor]
50%, ABC Company, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UND

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

Signature of Disclosing Party, Printed Name, Title Date

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

CITY OF P
ALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

MWH US Acquisitions, Inc.
100%
Randy Lovan
Southern California Regional Manager
April 21, 2022
I I
Item 1D - Page 6
Attachment B
Item 1D - Page 7
November 10, 2023 WWTP Digester No. 2 , Waste Gas Fare and Filtrate Pump Station Improvement Project
City of Palm Springs C/PS Project No. 20-25 and No. 21-07 Attention: Andrew Crider, PE
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Re: Contract Amendment No. 2
Dear Mr. Crider,
I am writing to request an amendment to the existing contract No.20-25 and No.21-07 for the WWTP Digester No. 2 , Waste Gas Fare and Filtrate Pump Station Improvement Project. My purpose is to address a necessary budget increase to ensure the successful completion of the project in accordance with our initial agreement.

Since the commencement of the project, unforeseen challenges and changes in scope have arisen, impacting the original budgetary considerations. These challenges include the SCAQMD permitting process for the permit to construct for the Gas Flare, Gas holder and Digester Tank #2 tank. Also, the SCAQMD permit condition resulted in addition of changes to the Ferrous Chloride Dosing Design thereby increasing the Project scope. Despite our best efforts to adhere to the initial budget, these circumstances have led to increased costs beyond our initial projections.

In light of these challenges, we propose an amendment to the contract to reflect an additional cost to the budget of $274,567.00.

Original Contract: $1,246,123
Amendment No. 1: $17,237
Amendment No. 2: $274,567
Revised Contract: $1,537,927

Attached for your reference is the fee schedule breakdown of additional costs to the budget.

I believe that this adjustment is necessary to ensure the successful and timely completion of the project while maintaining the high standards we have set for ourselves. I am committed to working closely with you to provide any additional documentation or clarification required to support this request.

I appreciate your understanding and cooperation in this matter.

Michael Dietrick CCM
Construction Manager

<tID MWH
Build ing o Better World
Item 1D - Page 8

TASK A - REQUIRED WORK
Labor Hours 1,254 1,254
Labor Cost 231,101$ 231,101$
Subtotal Cost 231,101$
SUBCONSULTANTS:

Converse Conslutants -$ 1,423$ 1,423$ Procore Web-Based Document Control System -$ 9,334$ 9,334$ Capo Projects Group 16,020$ 16,020$
-$
-$
-$
15% Administrative Fee 4,017$
Subconsultant Subtotal Cost 30,793$
ODC's
Billable ODCs per Basis of Other Direct Costs 11,019$ 11,019$ 15% Administrative Fee 1,653
ODC Subtotal Cost 12,672
Total Cost Proposal 274,567$
Optional Services Allowance Extension
Constructability Review $ $
-$ -$
Subtotal
of Optional Services
Refer to the at
tached Construction Management Services - Standard Clarification for Fee Proposal Refer to the attached Construction Management Services - Standard Clarification for Fee Proposal City of Palm Springs
WWTP Digester No.2, Waste Gas Flare & Filtrate Pump Station Cost Proposal Summary
November 10, 2023
2024
Exclusions
Inclusions
Description Project2023
W -
e.u lld ing a Better wonld
Item 1D - Page 9
Name Description
Randy Lovan, Certified CM Principle in Charge $252 $260 $267 $275 Michael Dietrick CCM Construction Manager $185 $191 $196 $202 Jeremy Wylie Construction Inspector, C/M/S $170 $175 $180 $186 Carmen Laabs Administrative Assistant $103 $106 $109 $113 Daniel Ochoa Construction Inspector, Electrical/Instrumental $180 $180 $186 $191 WWTP Digester No.2, Waste Gas Flare & Filtrate Pump Station City of Palm Springs
Hourly Rate Schedule
November 10, 2023
Staff Name MWHC Position Descriptions 2025 Hourly Rate 2026 Hourly Rate Legal:

All subconsultants will be bound to the final terms and conditions of the prime agreement.

Our solid financial position ensures MWH will endure to see every project through successful completion and is capable of providing the services required for the duration of the contract.
2023 Hourly Rate 2024 Hourly Rate
Field Office:

We have assumed a “Green book Class A” Field office in a field trailer complex shall be provided for each CM Team member by Others, the Client or the construction contractor. We will utilize the “Green book” standards in determining need of office size, furniture, fixtures and equipment. Also, refer to the “Rates - Standard Exclusions” section above which further defines field office requirements.

Geotechnical Support & Inspection Material Testing:

Geotechnical inspection, materials sampling and testing services of the subgrade & base layers are NOT INCLUDED in the scope of services. MWH will assist the Client in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the project.

Survey Baseline Control:

Survey services and fees are NOT INCLUDED in the scope of services. However, the coordination of these services is included.

Construction Management Services - Standard Clarification for Fee Proposal General:

Our hourly rate schedule is based on Construction Management and Inspection Service referenced in the City of Palm Springs RFP E20-25CM Construction Management and Inspection Services for the WWTP Digester No.2, Waste Gas Flare, and Filtrate Pump Station Improvement Project City Project No. 20-25 and No. 21-07 dated February 1, 2022. Our final contract budget will be based on the project assignments and the attached hourly rate schedule. Field staffing will be driven by project demands, confirmed by a baseline schedule and approved by The City. “All costs are subject to negotiation."
Prevailing Wage:

All Prevailing Wage requirements will be followed by the team and its subconsultants. All team members are in conformance with the State of California Labor compliance requirements.

All Inspectors shall be paid the latest conforming wage with rate increase upon notice by the State of California. Overtime hourly rates for Field Inspection personnel shall be subject to

1.5 times the listed rate for standard overtime hours and 2 time the listed rate for standard double hours.

Rates for the Construction Management Team:

Rates for the CM team include salary, overhead, and profit, computers, computer software, digital cameras, digital video cameras, cell phones and cell phone service, mail, telephone charges, technical reference materials, training and personal protective equipment (PPE) including hard hats, safety boots, work gloves, safety glasses and other PPE as required.

The Hourly Rate Schedule:

As included in MWH’s Cost Proposal listed are the Hourly rates for each position for the duration of the project. Overtime rate shall be billed at 1 ½ the posted rate. An annual escalation of 3% per year shall apply for management personnel, and/or escalations per the Federal and State Prevailing Wage Laws for Inspectors, whichever is greater. The Annual rate increases will be reviewed and negotiated in January of each calendar year with implementation beginning on March 1st of each calendar year.

Other Direct Costs:

Other Direct Costs including subconsultants will be billed directly at cost plus fifteen percent. Vehicle and mileage expenses are billed at a flat rate of $1,200 per month for each assigned personnel.

Invoicing and Payment:

All project related costs shall be compiled and submitted on a monthly basis, payable within net 45 days or as stated in the contract documents. Any disputed costs may be withheld with the remainder of all acceptable charges to be paid within the terms.

Excluded from Rates:

Items excluded from the rates are vehicle mileage, printers/copiers/scanners, paper for any and all reproduction, prints, plotting, including plan sets & specifications, and record mapping copies, broadband service, broadband/high speed connections, delivery service, facsimile transmission, trailer rental costs, installation of utilities, cost of utilities, cost of sanitary services, janitorial, furniture, travel and per diem outside the service area for in-plant fabrication inspection. Travel costs outside the service area will be determined after receiving prior approval from the Client.
• WH
Building a Better Wonld
Item 1D - Page 10

CITY COUNCIL STAFF REPORT

DATE: JANUARY 25, 2024 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P007 WITH

IMPRENTA FOR ON-CALL SPANISH LANGUAGE DIGITAL MARKETING

SERVICES

FROM: Scott C. Stiles, City Manager

BY: Communications Department

SUMMARY:

This action will award a contract services agreement with Imprenta Communications Group, Inc., for On -Call Spanish language digital marketing, website, and social media support services in an amount not to exceed $250,000.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24P007 (Attachment A) with Imprenta Communications Group, Inc. to provide on- call Spanish language digital marketing, website and social media support services in an amount not to exceed $250,000 for a three- year term with two one- year extension options at the City’s sole discretion, beginning January 29, 2024 through January 28, 2027;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on December 12, 2023, Imprenta Communications Group, Inc is registered in the state of California.

BACKGROUND:

More than ever, with the majority of residents and stakeholders relying on communications and digital platforms to get information about the operations and policy of Palm Springs local government, City initiatives , special events and marketing, it is important for the City of Palm Springs to have professional on- call communications, marketing, graphic design and video content production services. This contract will supplement the City’s Communications team in the planning and execution of high-quality Item 1E - Page 1
City Council Staff Report
January 25, 2024 -- Page 2
Award On-Call Spanish Language Digital Marketing Services Contract

strategic communications and public affairs content and messaging through a variety of online channels and marketing tactics.

The City previously entered into a contract service agreement with Imprenta Communications Group, Inc., for on- call Spanish language digital marketing services, which expires January 31, 2024, and previously awarded for an annual amount of $75,000.

STAFF ANALYSIS:

The Communications Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Seven proposals were received by the deadline of December 12, 2023, as follows:

• ARAS Enterprises, Inc., Whittier, CA
• Imprenta Communications Group, Inc., Los Angeles, CA
• Mind and Mill, Riverside, CA
• SDLC, Dubai United Arab, Emirates
• Sherpa Marketing Solutions, Sherman Oaks, CA
• Sur-Ryl Marketing, Los Angeles, CA
• Traffik, Irvine, CA

The evaluation team made up of City staff from the Communications department, Office of Neighborhoods, and Office of the City Manager evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, and price.

The top ranked firms were then interviewed as follows:

• ARAS Enterprises, Inc., Whittier, CA
• Imprenta Communications Group, Inc., Los Angeles, CA
• Sherpa Marketing Solutions, Sherman Oaks, CA
• Traffik, Irvine, CA

Upon completion of the interview and combining the proposal, price and interview scores, Imprenta Communications Group, Inc. was ranked the highest by the evaluation team and is being recommended for award for the contract. The contract is for an amount not to exceed $250,000 over the initial three-year term.

The contract with Imprenta Communications Group, Inc. is an as -needed type contract.

The cost proposal form was scored on an hourly rate basis against an estimated amount of hours; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the cost proposal amounts.

Item 1E - Page 2
City Council Staff Report
January 25, 2024 -- Page 3
Award On-Call Spanish Language Digital Marketing Services 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 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 the City Council principle of forward-thinking governance.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in the Fiscal Year 2 3-24 Communications account 1001050-40105.

REVIEWED BY:

Chief Communications Officer: Amy Blaisdell
Director of Procurement and Contracting: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 24P007
B. Public Integrity Disclosure
Item 1E - Page 3

ATTACHMENT A

Item 1E - Page 4

CONTRACT SERVICES AGREEMENT 24P007

SPANISH LANGUAGE DIGITAL MARKETING SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 29, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Imprenta Communications Group, Inc.

Hub, a California corporation , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide Spanish language digital marketing, website, and social media support services, (“Project”).

B. Contractor has submitted to City a proposal to provid e Spanish language digital marketing, website, and social media support services , under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the Item 1E - Page 5

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 $250,000.00.

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 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.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities Item 1E - Page 6

that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation.

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on January 29, 2024, and ending on January 28, 2027, 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. 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 any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

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: Garry Sage, President/CEO. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and Item 1E - Page 7

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

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

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

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

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel 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:

Joe Ferandez Zago Project Manager
Ron W. Wong Consultant
Tomas Prower Latino Community Liaison/Onsite Project Manager Andrea Martinez Administrative Support/Placement & Digital Media Buyer Brandi Garcia-Valdes Digital Marketing & Outreach Support Andres Martinez Pais Community Engagement
Katreena Salgado Creative Director
Chen Yang Videographer/Editor

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, Item 1E - Page 8

officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 177 1.4 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 comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses incl uding legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any negligent 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 Contract or’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 indem nified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful Item 1E - Page 9

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.

7.3 Neither party will be liable to the other party for any special, incidental, indirect, or exemplary, punitive, penal or consequential damages however arising incurred.

7.4 The maximum aggregate liability of Contractor arising out of or related to this Agreement and all work orders and amendments thereto, whether based in contract or tort or otherwise in law or equity, will be limited to the sum total of the comp ensation actually paid to Contractor for the Services under all work orders.

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, cop y, audit, and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City . Contractor shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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, audi t, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of Item 1E - Page 10

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

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

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

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a 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 remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

Item 1E - Page 11

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

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
To Contractor: Imprenta Communications Group, Inc.

Attention: Joe Zago
3183 Wilshire Blvd 196N
Los Angeles, CA 90010

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

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

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

Item 1E - Page 12

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.

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

[SIGNATURES ON NEXT PAGE]

Item 1E - Page 13

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND IMPRENTA
COMMUNICATIONS GROUP, 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 Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _________________ Item No. _________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

Item 1E - Page 14

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1E - Page 15

1.1 Background:

The City of Palm Springs, is a world-famous resort destination in Southern California’s Coachella Valley boasts a population of full-time population of 48,000 including a growing Latino community.

With more Latino stakeholders relying on digital platforms to get information, it is important for the City of Palm Springs to have a streamlined and effective digital presence for those Spanish-speaking residents. This contract will supplement the City’s for those Spanish-speaking residents. This contract will supplement the City’s Communication team in the planning and execution of high -quality, Spanish language content and messaging through a variety of online channels and marketing tactics.

1.2 Scope:

Generally, the scope of work consists of Spanish Language digital marketing, website and social media support services as needed to support the City’s day-to-day communications programs and initiatives. More specifically the Contractor will provide a full range of Spanish language communication services that include but are not limited to the following:

I. Social Media Support – Contractor will provide day-to-day support for the City’s current Spanish language Facebook page and other potential platforms as Spanish language Social Media Communications are expanded as outlined on the task list below:
a. Strategic social media plan
b. Development of a content calendar
c. Creation and execution of social media content for all platforms (writing, graphic design, animation, video production and research services) d. Dashboard metrics analysis and reporting
e. Ongoing engagement

II. Paid and Organic Digital Marketing Services – Contractor will support City Programs and initiative for the Latino community by producing digital marketing plans, strategies and video and graphic design content as needed as outlined in the following tasks:

a. Digital Marketing Services Tasks include:
b. Organic and paid digital strategy development
c. Media planning and buying
d. Targeting and audience development
e. Creating dashboards, analyzing metrics and optimization recommendations f. Production of video and graphic design content to support digital marketing campaigns
g. Monthly budget and results reports

Item 1E - Page 16

III. Miscellaneous Marketing Services – Contractor will provide Spanish language services for various marketing activities.

IV. As-Needed External Affairs Support Services – Contractor will provide a variety of support services for Spanish language initiatives as outlined in the following tasks. a. Market research and public opinion polling and surveys b. Photographic and video production services
c. Graphic design services
d. Occasional Spanish Language spokesperson services

1.3 Compensation:

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

Item 1E - Page 17

Item 1E - Page 18
A TTACHME NT "G"

COST PROPOSAL
REQUEST FOR PROPOSA L (RFP 50-23)
SPANISH LAllGUAG E DIGITAL MARKETlllG SERVICES
THIS FORM MUST BE COMPLETED AHO SUBMITTED Ill SEPARATE ELECTRotl lC FILE #2 "Cost Proposal", ~ with Electronic File #1, Technical/Work Proposar) ITEM DESCRIPTION Untt of Rate TOTAL
Measure
1 Various Tasks as outlined in 2,625 HOURS 195,000
the Scope of Work
Finn Name: lmprenta Comm unications, Inc
Signature of Authorized Person: -,',~/.-~- 1rf"'-_O ___________ _ V
Printed Name: _J_oe_ z_a..:g;..o __________________ _
Title: Executive Vice President
Date: 12/12/2023

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 1E - Page 19

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

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

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and i ts 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 the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage Item 1E - Page 20

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, “endeavor to” mail and "but failure to mail such notice s hall 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 1E - Page 21

authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, cla im administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1E - Page 22

EXHIBIT “C”

Item 1E - Page 23
A TTACHMENT .,F"
EXECUTIVE ORDER N-6 -22 CER TIFICATION
REQUESTS FOR PROPOSALS (RFP 50-23)

SPANISH LANGUAGE DIGITAL MARKETING SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs an 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 econom ic sanctions aga inst Russia and Russi.an entities and individuals: and (b) refrain from entering Into any new contracts \vith such individuals or entities vkllle the .lfo,emcntione d sanctions are in effect ,
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract v,;th the City of Palm Springs funded through grant funds ptovided by the State of C-!11:lornla:
and/or (2) submits a bid o r proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California g.rant funds., certify that the person is not the target of any econom ic sanctions against Russia and Russian e-ntities and lndNiduals.

The cont,a c:tor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor 1$ not.-, target of .-,ny economic sanctions against RU$Slan and Russian entitles and individuals as discussed in Executive Order N-6-22 and b) the person signing be)ow is duty authorized to 18gaUy bind the Contractor . This certification is made under the laws of the Stl tc of CaUfomia,
Signoturc: ~l}.l rt
Printed Name: a e Zago
-----='---------
Tit I e · Executive V+ec President
Firm Nama: lmprcnta Communications Group . Inc.

Oata:_ 1_2_11_'11_2_3 ___________ _

ATTACHMENT B
Item 1E - Page 24
Item 1E - Page 25

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
lmprenta Comm unicatio ns G roup, Inc ,
Address of Enlity (Pri ncipal Place of Business)
3183 Wolsllire Blvd 196N, Los Angeles, CA 900 10
Local 01' California Address (if dlfferert than #2)
State vlhere Entity Is Reg1&1efed with Secretary of State 199 W Garvey Avenue #201, Monte-rey Park, CA 91754-2894 If other than Califomia. is the EOOty also registered in C81fornia? O Yo$ O No Type of Entity
(a Corporation O lim~ed Liabify Company O Partnership O Trust O Other (please specify)

6. OffictN's, Directors, Memffrs , Manage,rs, Tru.stH!J, Other Rdudarles (p/NSe specify) NotG: If any rosponso Is not a natural porson, ploMo ldonrify all offlcors, cffeaors, members, managers and other fiduciaries for the member, manager, trust. or other entity
Ronald W. 1/1/oog
D Officer g Diredor D Member D
Manager
jname) D Gereral Partner D Limited Partner
[)'.)[her
Joe Zago J;;l'01focer D 0irect0< D Member D
K<dh&y81
(name) O GenQf'aJ Partner O Umlted Partner
D Other
t<alreena Sa'9ado 0 Officec-D Di red or O Member O Manager

Item 1E - Page 26
[name] 0 General Partner O Limited Partner
D Other

7. Owners/I nvestors with a 5% benertclal interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPA NY, Inc.
!name of owner/investor ) (perccnt.-igc of bcneficfal Interest In entity and name of entity)
A. 73%. trnprcnta Communications Group. Inc. Ronald W . Wong !name of owner/investor ) (perccnt.-ige of bcneficfal Interest In entity and name of entity]
B.

Joe Za_go 19%. tmprcnta Communications Group. Inc.
[name of owner/investor] [perce ntage of beneficial interest in entity and na me of entity]
C.

K.-it<ecna S.-ilgado 8%, lmptenta Communicat ions Group, Inc. [name of owner/investor] [perce ntage of beneficial interest in entity and name of entity]

0. [name of owner/investor] [perce ntage 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 CALIFORN IA THAT THE FOREGOING IS TRUE AND CORRECT.

Signa!j ~ ~1:":o""' Pmted >lame, Tille
.k>e J ~. Exµ Vice Presiel'ont
Dale
12/12123

CITY COUNCIL STAFF REPORT

DATE: JANUARY 25, 2024 CONSENT CALENDAR

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED

ANNUITANT TO THE VACANT POSITION OF ASSISTANT DIRECTOR

OF PARKS AND RECREATION F OR THE C ITY OF PALM SPRINGS
UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE
FEBRUARY 5, 2024

FROM: Scott C. Stiles, City Manager

BY: Stephanie George, Director of Human Resources

SUMMARY

The City’s Assistant Director of Recreation position is currently vacant, and a recruitment is underway. To maintain Parks and Recreation services, it is imperative to have additional day-to-day management and oversight of department programs and staff during the recruitment process to fill this position. After careful consideration of viable options within the City , it was determined that special qualifications were needed to specifically address th e needs of the department . Lori Carney , a former Human Resources Manager for the City of Palm Desert, has the necessary special qualifications to aid the Parks and Recreation Department during the recruitment process and until the position is filled.

Under the provisions of California Government Code section 21221(h), the appointment of a retired CalPERS annuitant to a vacant position requires approval of the City Council.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED

ANNUITANT TO THE VACAN T POSITION OF ASSISTANT DIRECTOR OF

PARKS AND RECREATION F OR THE C ITY OF P ALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE FEBRUARY 5, 2024.”

2. Authorize the City Manager to execute any documents necessary to effectuate the above actions.

Item 1F - Page 1
Council Staff Report
January 25, 2024 -- Page 2
Interim Assistant Director of Parks and Recreation

STAFF ANALYSIS:

Government Code section 21221(h) states in part that an interim assignment of a retired annuitant with specialized skill may be made to fill the position while the City actively recruits the fill.

“Government Code section 21221, subdivision (h) provides that a governing body may appoint a retiree to a vacant position in an interim capacity while the agency is actively recruiting to fill the vacancy. The retired annuitant must have specialized skills necessary for the position or be employed in an emergency to prevent the stoppage of business.

The appointment shall not exceed a combined total of 960 hours each fiscal year for all CalPERS employers for whom the retiree performs work. The compensation for the interim appointment shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule for the vacant position divided by 173.333 to equal an hourly rate. The retire d annuitant may not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. The retired annuitant must not have received unemployment insurance benefits arising out of post -retirement work for a CalPERS employer within the twelve months preceding the appointment.”

Lori Carney, a former Human Resources Manager for the City of Palm Desert, has the necessary special qualifications related to project and staff management. Lori Carney will provide additional day -to-day management and oversight of the Parks and Recreation Department as the Interim Assistant Director of Parks and Recreation during the recruitment process and until the position is filled.

ENVIRONMENTAL IMPACT

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 env ironment, or a reasonably foreseeable indirect physical change in the environment. The requested action is exempt from CEQA pursuant to Section 15378(b)(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT

There is no additional fiscal impact due to salary and benefit savings.

Item 1F - Page 2
Council Staff Report
January 25, 2024 -- Page 3
Interim Assistant Director of Parks and Recreation

REVIEWED BY:

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

ATTACHMENTS:

A. Resolution
B. Offer Letter

Item 1F - Page 3

ATTACHMENT A

Item 1F - Page 4
RESOLUTION NO. _____
A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPOINTING A RETIRED

ANNUITANT AS AN INTERIM TO THE VACANT POSITION

OF ASSISTANT DIRECTOR OF PARKS AND RECREATION

FOR THE CITY OF PALM SPRINGS UNDER
GOVERNMENT CODE SECTION 21221(H) EFFECTIVE
FEBRUARY 5, 2024
W
HEREAS, Government Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
W
HEREAS, the City Council desires to appoint Lori Carney, a retired annuitant, as an interim appointment to the vacant position of Assistant Director of Parks and Recreation under Government Code sections 21221(h) and 7522.56, effective February 5, 2024; and W
HEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
W
HEREAS, the recruitment for a permanent replacement for this position is active and publicly posted; and
W
HEREAS, Lori Carney possesses the required specialized skills to perform the duties of Interim Assistant Director of Parks and Recreation; and W
HEREAS, the appointment shall end on June 30, 2024, or when a permanent Assistant Director of Parks and Recreation is hired, whichever comes first; and W
HEREAS, this section 21221(h) appointment shall only be made once; and W
HEREAS, the appointment letter between Lori Carney and the City has been reviewed by this body and is attached; and
W
HEREAS, the employment shall be limited to 960 hours per fiscal year; and W
HEREAS, the compensation paid to a retired annuitant cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and Item 1F - Page 5
WHEREAS, the fiscal year 2023- 2024 minimum monthly base salary for this position is $8,911 and the hourly equivalent is $51.41 , and the maximum monthly base salary for this position is $11,993 and the hourly equivalent is $69.19; and

WHEREAS, the hourly rate paid to Lori Carney will be $59.64; and

WHEREAS, Lori Carney has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

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

RESOLVED, that the governing body of the City of Palm Springs hereby certifies the nature of the appointment of Lori Carney as described herein and in the attached appointment letter, and that this appointment is necessary to fill the critically needed position of Assistant Director of Parks and Recreation for the City of Palm Springs effective February 5, 2024 in order to provide additional leadership and continuity of the services and programs of the Department while the City is engaged in active recruitment to permanently fill the position.

ADOPTED THIS 25 DAY OF JANUARY 2024

Scott C. Stiles, City Manager

ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

Item 1F - Page 6

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on this 6
th day of April 2023, by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California

Item 1F - Page 7

ATTACHMENT B

Item 1F - Page 8

City of Palm Springs
Department of Human Resources
3200 East Tahquitz Canyon Way • Palm Springs, CA 92262
Tel: 760-323-8215 • Fax: 760-322-8287 • TDD (760)864-9527

January 17, 2024

Lori Carney

Dear Lori:

We  are  pleased  to  extend  an  offer  of  temporary  employment  for  the  position  of  Interim  Assistant  Director  of  Parks  and Recreation commencing on February 5, 2024, with an hourly pay rate of $59.64. This position will be as a retired annuitant and assigned to work in the interim capacity while the City is act ively  recruiting to fill the vacancy.  As a California Public Employees’ Retirement  System  (CalPERS)  retiree,  your  appointment  to  this  position  is  made  pursuant  to  California  Government  Code Sections 7522.56 and 21221(h).  The basic requirements of such an appointment include, but are not limited to:

 The appointment is limited to 960  working hours in any one fiscal year, including other post‐retirement work for other CalPERS employers; you will be required to track your time and ensure that this limit is not exceeded.  The appointee shall only perform work of limited duration; you can be hired only as an interim or acting appointme nt during the period of recruitment; and you cannot work in a permanent capacity or for an indefinite period of time.  The appointment is limited to a Single Appointment, and you can be appointed only once to the vacant position.  The appointee must have not received une mployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to the appointment date.  The appointee will not receive any benefits, incentive, or compensation in lieu of benefits.

Additionally, you must re‐verify satisfactory identification and work eligibility documents required by the Immigration Act of 1986.

Please consult the list of acceptable documents on the enclosed I‐9 Form.  Pursuant  to CalPERS Government Code and City rules this position is not eligible for City benefits and may end at any time, but in no case no later than June 30, 2024, for any reason with or without cau
se.

To indicate acceptance of this offer, please sign and return this letter by February 1, 2024.  Should you have any questions please contact us at 760‐323‐8215.   We look forward to your contributions and having you onboard as a productive member of the City Team.

Sincerely,

Stephanie George
Director of Human Resources

ACCEPTANCE OF CONDITIONAL OFFER

I understand this is an offer of limited‐term Retired Annuitant appointment to an Interim position with the City of Palm Springs and accept the terms and conditions as set forth above.  Additionally, I understand that this position is subject to California Government Code Section 7522.56.

__________________________________________________
Signature         Date

Item 1F - Page 9

CITY COUNCIL STAFF REPORT

DATE: JANUARY 2 5, 2024 CONSENT CALENDAR

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED

ANNUITANT TO THE VACAN T POSITION OF SENIOR HUMAN

RESOURCES SPECIALIST FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE JANUARY 22, 2024.

FROM: Scott C. Stiles, City Manager

BY: Stephanie George, Director of Human Resources

SUMMARY:

The City’s Senior Human Resources Specialist position overseeing benefits administration became vacant on January 19, 2024 and the backup Human Resources Specialist assisting with benefits administration went out on an extended leave on January 5, 2024. In order to maintain benefits and continue to deliver benefit assistance to City staff, it is imperative to bring on additional help. After careful consideration of viable options within the City , it was determined that special qualifications were needed to manage the administration of City benefits. Kim Peacher , a former Senior Human Resources Specialist for the City of Palm Springs , has the necessary special qualifications and experience to manage benefit administration during the recruitment process and until the position is filled.

Under the provisions of California Government Code section 21221(h), the appointment of a retired CalPERS annuitant to a vacant position requires approval of the City Council.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED

ANNUITANT TO THE VACANT POSITION OF SENIOR HUMAN RESOURCES

SPECIALIST FOR THE C ITY OF P ALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE JANUARY 22, 2024.”

2. Authorize the City Manager to execute any documents necessary to effectuate the above actions.

Item 1G - Page 1
Council Staff Report
January 25, 2024 -- Page 2
Interim Senior Human Resources Specialist

STAFF ANALYSIS:

Government Code section 21221(h) states in part that an interim assignment of a retired annuitant with specialized skill may be made to fill the position while the City actively recruits the fill.

“Government Code section 21221, subdivision (h) provides that a governing body may appoint a retiree to a vacant position in an interim capacity while the agency is actively recruiting to fill the vacancy. The retired annuitant must have specialized skills necessary for the position or be employed in an emergency to prevent the stoppage of business.

The appointment shall not exceed a combined total of 960 hours each fiscal year for all CalPERS employers for whom the retiree performs work. The compensation for the interim appointment shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule for the vacant position divided by 173.333 to equal an hourly rate. The reti red annuitant may not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. The retired annuitant must not have received unemployment insurance benefits arising out of post -retirement work for a CalPERS employer within the twelve months preceding the appointment.”

Kim Peacher, a former Senior Human Resources Specialist for the City of Palm Springs, has the necessary special qualifications related to City of Palm Springs benefit administration. Kim Peacher will provide oversight of the benefits division as an Interim Senior Human Resources Specialist during the recruitment process and until the position is filled.

ENVIRONMENTAL IMPACT

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 env ironment, or a reasonably foreseeable indirect physical change in the environment. The requested action is exempt from CEQA pursuant to Section 15378(b)(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT

There is no additional fiscal impact due to salary and benefit savings.

Item 1G - Page 2
Council Staff Report
January 25, 2024 -- Page 3
Interim Senior Human Resources Specialist

REVIEWED BY:

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

ATTACHMENTS:

A. Resolution
B. Offer Letter

Item 1G - Page 3

ATTACHMENT A

Item 1G - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPOINTING A RETIRED

ANNUITANT AS AN INTERIM TO THE VACANT POSITION

OF SENIOR HUMAN RESOURCES SPECIALIST FOR THE

CITY OF PALM SPRINGS UNDER GOVERNMENT CODE
SECTION 21221(H) EFFECTIVE JANUARY 22, 2024

WHEREAS, Government Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and

WHEREAS, the City Council desires to appoint Kim Peacher, a retired annuitant, as an interim appointment to the vacant position of Senior Human Resources Specialist under Government Code sections 21221(h) and 7522.56, effective January 22, 2024; and

WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and

WHEREAS, the recruitment for a permanent replacement for this position is active and publicly posted; and

WHEREAS, Kim Peacher possesses the required specialized skills to perform the duties of Interim Senior Human Resources Specialist; and

WHEREAS, the appointment shall end on June 30, 2024 , or when a permanent Senior Human Resources Specialist is hired, whichever comes first; and

WHEREAS, this section 21221(h) appointment shall only be made once; and

WHEREAS, the appointment letter between Kim Peacher and the City has been reviewed by this body and is attached; and

WHEREAS, the employment shall be limited to 960 hours per fiscal year; and

WHEREAS, the compensation paid to a retired annuitant cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

Item 1G - Page 5
WHEREAS, the fiscal year 2023- 2024 minimum monthly base salary for this position is $6,728 and the hourly equivalent is $38.82 , and the maximum monthly base salary for this position is $9,052 and the hourly equivalent is $52.22; and

WHEREAS, the hourly rate paid to Kim Peacher will be $49.70; and

WHEREAS, Kim Peacher has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

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

RESOLVED, that the governing body of the City of Palm Springs hereby certifies the nature of the appointment of Kim Peacher as described herein and in the attached appointment letter, and that this appointment is necessary to fill the critically needed position of Senior Human Resources Specialist for the City of Palm Springs effective January 22 , 202 4 in order to provide benefit administration while the City is engaged in active recruitment to permanently fill the position.

ADOPTED THIS 25 DAY OF JANUARY 2024

Scott C. Stiles, City Manager

ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
Item 1G - Page 6

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on this 25 th day of January 2024, by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California

Item 1G - Page 7

ATTACHMENT B

Item 1G - Page 8
City of Palm Springs
Department of Human Resources
3200 East Tahquitz Canyon Way • Palm Springs, CA 92262
Tel: 760-323-8215 • Fax: 760-322-8287 • TDD (760)864-9527 Januar
y 17, 2024
Kim Peacher
Dear Kim:

We are please d to extend an offer of temporary employment for the position of Interim Senior Human Resources Specialist commencing on January 22, 2024, with an hourly pay rate of $49.70. This position will be as a retired annuitant and assigned to work in the interim capacity while the City is actively recruiting to fill the vacancy.  As a California Public Em ployees’ Retirement System (CalPERS) retiree, your appointment to this position is made pursuant to California Government Code Sections 7522.56 and 21221(h).  The basic requirements of such an appointment include, but are not limited to:
 The appointment is limited to 960 working hours in any on e fiscal year, including other post‐retirement work for other CalPERS employers; you will be required to track your time and ensure that this limit is not exceeded.  The appointee shall only perform work of limited duration; you can be hired only as an interim or acting appointmen t during the period of recruitment; and you cannot work in a permanent capacity or for an indefinite period of time.  The appointment is limited to a Single Appointment, and you can be appointed only once to the vacant position.  The appointee must have not received unemployment insu rance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to the appointment date.  The appointee will not receive any benefits, incentive, or compensation in lieu of benefits.

Additionally, you must re‐verify satisfactory identification and work eligibility documents required by the Immigration Act of 1986.  Please c
onsult the list of acceptable documents on the enclosed I‐9 Form.  Pursuant  to CalPERS Government Code and City rules this position is not eligible for City benefits and may end at any time, but in no case no later than June 30, 2024, for any reason with or without cause.

To indica te  acceptance of this offer, please sign and return this letter by January 18, 2024.  Should you have any questions please contact us at 760‐323‐8215.   We look forward to your contributions and having you onboard as a productive member of the City Team.

Sincerely,
Stephanie George
Director of Human Reso
urces
ACCEPTANCE OF CONDITIONAL OFFER
I understand this is an offer of limited‐term Retired Annuitant appointment to an Interim position with the City of Palm Springs and accept the terms and conditions as set forth above.  Additionally, I understand that this position is subject to California Government Code Section 7522.56.
__________________________________________________
Signature Date
Item 1G - Page 9

CITY COUNCIL STAFF REPORT

DATE: JANUARY 25, 2024 CONSENT CALENDAR

SUBJECT: APPROVE CONSULTING SERVICE AGREEMENT S FOR INLINE

BAGGAGE HANDLING SYSTEM CONSTRUCT ION MANAGEMENT

SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Consulting Services Agreement No. 24Q002 with Mead & Hunt, Inc, in an amount not to exceed $3,000,000 for inline baggage handling system construction management services to the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Consulting Services Agreement No. 24Q002 (Attachment A) with Mead & Hunt, Inc. to provide construction management services for the inline baggage handling system and related building improvements for an amount not to exceed $3,000,000 for a term of approximately three years.

2. Appropriate and budget funds in the amount of $3 ,000,000 from the Airport Special Capital Project Fund Account 4167065.80000.

3. Authorize the City Manager or designee to execute all necessary documents and authorize the Executive Director of Aviation to execute all task orders that fall within the total-not-to-exceed amount of the agreement.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Conflict of Interest and Non- Discrimination Certification and Public Integrity Disclosure forms (Attachment B), Mead & Hunt, Inc. is a Wisconsin and California corporation.

Item 1H - Page 1
City Council Staff Report
January 25, 2024 -- Page 2
Award Inline Baggage Handling System Construction Management Services Agreement

BACKGROUND:

The Airport’s comprehensive Master Plan that was approved in 2001 is outdated, and the Airport is currently developing a Master Plan to identify essential capital improvement projects that will be required to meet the needs of travelers, tenants, stakeholders, and the community. Staff had determined that it was necessary for the Airport to have on-call project services to support the Airport’s growth and to carry out the capital improvement projects effectively across the following five vital project disciplines:

1) A rchitectural services which will provide on -call services for terminal and maintenance facilities projects, and transportation improvement projects which will include the replacement of escalators, HVAC infrastructure, restroom renovations, and the addition of a car rental facility.
2) Engineering services which will provide on-call services for taxiways, runways, aprons, and roadway improvements which will include pavement reconstruction, subgrade stabilization, airfield drainage, electrical upgrades, and airfield markings.

The on- call consultant will also ensure that the Airport is in compliance with stormwater and air quality regulations.
3) Environmental services which will provide on- call services for the preparation of the environmental documentation required under the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the California Clean Water Act, and any other applicable environmental requirements. Services will also include field surveys, environmental reports, and historical analyses. 4) Planning services which will provide on-call services for planning and programming support which will include overseeing technical details, grant administration, and the development of an Airport Strategic Business Plan. The on-call consultant will also assist with setting project priorities, goals, and parameters, as well as act as a liaison with regulatory bodies.

5) Construction management services which will provide on-call assistance with the following construction phases:

• P reconstruction – Reviewing plans and schedules.
• C onstruction – Coordinating inspections and ensuring safety compliance. • Post-C onstruction – Processing claims, conducting inspections, and finalizing project close-out.

On October 9, 2023, the Procurement and Contracting Department issued Request for Qualifications 36-23 for On-Call Project Services for Palm Springs International Airport.

Firms were allowed to submit on one or more of the five disciplines available and the following firms submitted qualifications for consideration by November 7, 2023:

Item 1H - Page 2
City Council Staff Report
January 25, 2024 -- Page 3
Award Inline Baggage Handling System Construction Management Services Agreement

Architectural
• AECOM Technical Services, Inc. - Orange, CA*
• C&S Companies - Syracuse, NY with local office in San Diego CA • Corgan Associates, Inc. - Dallas, TX with local office in Culver City, CA* • M. Arthur Gensler Jr. & Associates, Inc. - Los Angeles, CA*

Engineering
• AECOM Technical Services, Inc. - Orange, CA*
• BNP Associates, Inc. – Denver, CO
• BSE Engineering, Inc. - San Diego, CA
• C&S Companies - Syracuse, NY with local office in San Diego CA • Mead & Hunt, Inc. - Middleton, WI with local office in Ontario, CA* • PAE Consulting Engineers, Inc. - Portland, OR with local office in Los Angeles, CA • RS&H California, Inc. – San Francisco, CA with local office in Los Angeles, CA*

Environmental
• AECOM Technical Services, Inc. - Orange, CA*
• Coffman Associates, Inc. – Overland Park, KS with local office in Scottsdale, AZ* • Environmental Science Associates – San Francisco, CA with local office in Irvine, CA*
• RS&H California, Inc. – San Francisco, CA with local office in Los Angeles, CA*

Planning
• AECOM Technical Services, Inc. - Orange, CA*
• Corgan Associates, Inc. - Dallas, TX with local office in Culver City, CA • InterVISTAS Consulting USA LLC – Washington, DC with local office in San Mateo, CA*
• KBSB Aviation, LLC. Bonita Springs, FL
• Mead & Hunt, Inc. - Middleton, WI with local office in Ontario, CA* • RS&H California, Inc. – San Francisco, CA with local office in Los Angeles, CA*

Construction Management
• AECOM Technical Services, Inc. - Orange, CA*
Item 1H - Page 3
City Council Staff Report
January 25, 2024 -- Page 4
Award Inline Baggage Handling System Construction Management Services Agreement

• Anser Advisory Management, LLC – Santa Ana, CA with local office in Palm Desert, CA*
• C&S Companies - Syracuse, NY with local office in San Diego CA • MARRS Services, Inc. – Fullerton, CA*
• Mead & Hunt, Inc. - Middleton, WI with local office in Ontario, CA* *Indicates Firms that were interviewed
An evaluation committee (“Evaluation Committee”) consisting of City of Palm Springs employees from the Palm Springs International Airport, Engineering, Sustainability, and Planning Departments reviewed and scored the statement of qualifications received against the criteria published in the Request for Qualifications. The Evaluation Committee then interviewed the highest scoring firms in each discipline and scored the interviews.

The proposal scores and interview scores were combined to determine the final ranking with the top ranked firms for each discipline being as follows:

Architectural – M. Arthur Gensler Jr. & Associates, Inc.

Engineering – RS&H California, Inc.

Environmental – RS&H California, Inc.

Planning – InterVISTAS Consulting USA LLC
Construction Management – AECOM Technical Services, Inc.

Since this is a qualifications -based selection, proposers provided hourly rates that were analyzed for cost reasonableness and for inclusion in the contract. The firms listed above were recommended for the award of five- year contracts for work to be perfor med on an on-call as needed basis at the January 11, 2024 City Council meeting.

However, when preparing to award these contracts, staff realized that AECOM Technical Services, Inc. was the highest scoring firm for the construction management services on- call contract and that AECOM Technical Services, Inc. had also previously been awarded the design contract for the inline baggage handling system. In order to avoid a conflict of interest between the designer and the construction manager, staff is recommending that a separate consulting services agreement for the inline baggage handling system construction management services be awarded to the second highest scoring firm, Mead & Hunt, Inc. to eliminate the potential conflict of interest, due to the criticality of this important project.

Item 1H - Page 4
City Council Staff Report
January 25, 2024 -- Page 5
Award Inline Baggage Handling System Construction Management Services Agreement

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested actions are to approve contracts for the above- mentioned services, and are 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.

FISCAL IMPACT:

Approval of this action includes an appropriation of $ 3,000,000 from the Airport Special Capital Project Fund Account 4167065.80000 for fiscal year 2023- 24. The Airport has applied for a Facility Modification Other Transaction Agreement (OTA) with the Transportation Security Administration (TSA) to fund allocable and allowable project costs of the construction of the inline baggage handling system. If approved, the TSA maximum cost share is 95% of the costs of the allocable and allowable project costs ($2,850,000) and the Airport will be required to fund the remaining amount ($150,000). The Airport will fund the project costs upfront and TSA will reimburse the allocable and allowable project costs throughout the project life.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

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

ATTACHMENTS:

A. Consulting Services Agreement No. 24Q002
B. Public Integrity Disclosure Form

Item 1H - Page 5

ATTACHMENT A
CONSULTING SERVICES AGREEMENT NO. 24Q002
WITH MEAD & HUNT, INC.

Item 1H - Page 6
Revised by Addendum 1 Page 1 of 70

C ONSULTING SERVICES AGREEMENT 24Q002

INLINE BAGGAGE HANDLING SYSTEM CONSTRUCTION

MANAGEMENT SERVICES FOR

PALM SPRINGS INTERNATIONAL AIRPORT

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on January 29, 2024, by and betwee n the City of Palm Springs , a California charter city and municipal corporation (“City”), and Mead and Hunt, Inc. a Wisconsin and California Corporation, (“Consultant”). City and Consultant are individually referr ed to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a construction management firm, for Inline Baggage Handling System, (“Project”).

B. Consultant has submitted to City a proposal to provide construction management services, to City under the terms of this Agreement.

C. Ba
sed on it s experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project.

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

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained her ein, a nd ot her val uable consi deration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONS

ULTANT SERVICES

1.1 Scope of Servi ces. In compliance with all terms and conditions of this Agreement, Consultant shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by re ference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Ser vices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinar ily exercised by experienced, and we ll qualified members of the profession currently practicing under similar conditions. In t he 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 Complian
ce with Law . Consultant shall comply with all applicable fed eral, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 1H - Page 7
Revised by Addendum 1 Page 2 of 70

1.3 Licenses and Permits . Consultant shall obtain at its sole cost an d expense such licenses, permits, and approvals as may be required by l aw for the performance of the S ervices required by this Agreement.

1.4 Familiarity with Work . B y executing this Agreement, Consultant represents 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 COMP LETION
The time f or completion of the Services to be performed by Consultant is an essenti al condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule 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 Consultant to any additional compensation regardless of the P arty responsible for the delay.

3. CO MPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedu le of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $3,000,000.

3.2 Method of Payment . In a ny month in which Consultant wishes to receive payment, Consultant 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 f orm approved by City’s finance director. Payments shall be based on the hourly rates set for th in Exhibit “A” fo r authorized services performed. City shall pay Con sultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.

3.3 Changes . In the event any ch ange or changes in the Scope of Services/Work is requested by City, Par ties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additi onal fees. An amendment may be entered into:

A. To provid e for revisions or mo difications 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 o r not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

3.4 Ap p ropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal y ear. If suc h appropriations are not made, this Agreement shall terminate without penalty to City. City shall promptly not ify Consultant of such termination.

Item 1H - Page 8
Revised by Addendum 1 Page 3 of 70

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 upo n schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. Notw ithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consult ant's reasonable control including, Force Majeure Events described in Section 4.3.

4.3 Force Majeure. T he 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 Consultant notifies the Contract Officer within ten (10) days of the becoming aware of the Force Majeure Event. A For ce Majeure Event shall mean an event that materially aff ects the Consultant’ s performance and is one or more of the following: (1) Acts of God or ot her natural disast ers occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by gover nmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includ es ordinances, emergency proclamations and orders, rules to protect the public health, wel fare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services f or the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s det ermination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not r eceive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term.

Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of approximately three years, commencing on issuance of a notice to proceed, unless extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Wher e termination is due to the fault of Consultant and constitutes an i mmediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consulta nt shall immediately cease all Services except such as may be speci fically approved by the Contract Officer. Consultant 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 liab le for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to da mages or compensation for termination of Work. If the termination is for cause, the Ci ty shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be lia ble for the full cost of the City's c orrective action.

Item 1H - Page 9
Revised by Addendum 1 Page 4 of 70

Consultant shall be given reasonable opportunity to cure or remedy the deficiencies prior to any corrective action or termination by the City. Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City.

5. CO

ORDINATION OF WORK

5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Jeff Leonard, PE, Project Manager/Vice President. It is expressly unde rstood 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 Agr eement f or di recting all activities of Consultant and devoting sufficient time to personally supervis e the Services under this Agreeme nt. The f oregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

5.2 C ontract O fficer. The C ontract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant s hall be responsible for keeping the Contract Officer fully informed of the progress of the perf ormance of the Services . Consultant 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 As s ignment. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into t his Agr eement. Consultant shall not contract with any other in dividual 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 c ontain a provision making them subject to all provisions stipulated in this Agreement including without limitation the in surance and indemnification requirements. If Consultant is permitted to subc ontract any part of this Agreement by City, Consultant shal l be re sponsible 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 I ndependent Co nsultant. N either City nor any of its employees shall have any control over the manner, mode , or means by which Consultant , its agents or employees, perform the Services required, exc ept as otherwise s pecified. Consultant shall perform all requir ed Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or a ny of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be r esponsible for all re ports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withhold ing, Item 1H - Page 10
Revised by Addendum 1 Page 5 of 70

unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

5.5 P ersonnel . Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant 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 Consultant by providing written notice to Consultant.

Name: T itle:

John Faucher Principal-in-Charge
Jeff Leonard, PE Project Manager
Scott Van Gompel, PE Quality Control
Drew Seybold Deputy Project Manager
Eric Loera, EIT Construction Administration & Observation Jacob Nunez Construction Administration & Observation Greg Mead Construction Manager
Joe Linehan Construction Administration and Observation Matt Lybrand Construction Administration and Observation Mike Leraas Construction Administration and Observation

Cameron Morrow, EIT Construction Administration and Observation

L EAN CORPORATION
Jeff Anderson Construction Administration and Observation T
WINING
Paul Soltis, PE Geotechnical/Construction Inspection & Materials Testing
Brandon Schroeder Construction Inspection and Materials Testing Bryan Dorsch Construction Inspection and Materials Testing

5.6 C
alifornia Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which requi re the paym ent o f prevailing wage rates and the Item 1H - Page 11
Revised by Addendum 1 Page 6 of 70

performance of other requirements on certain “public works” and “maintenance” pro jects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “m aintenance” p roject, as de fined 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, installatio n, or r epair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consul tant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless f rom any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provis ions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775) , employment of a pprentices (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 subcontrac tors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” pr oject and if the total compensation is $15,000 or more for m aintenance 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 Consultant and all subcontractors performing such Services must be registered with the Department o f Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the sam e of any subcontractors, as applicable. This Agreement may also be subject to co mpliance monitoring and enforcement by the Department of Indus trial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. I NSURANCE
Consultant 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. INDE MNIFICATION.

7.1 Indemnification. To the fullest extent per mitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless Ci ty, 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 including legal costs and attorney fees (collectively “Claim s”), includi ng but not l imited to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any feder al, state, or local law or ordinance or in any m anner aris ing out of, pertaining t o, or incident to any acts, errors or omissions, or willfu l misconduct committed by Consultant , its officers, employee s, representatives, and agents, that arise out of or rel ate to Consultant’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 c ircumstances shall the insurance requirements and limits set forth in this Agreement be construed to l imit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification Item 1H - Page 12
Revised by Addendum 1 Page 7 of 70

obligation shall survive the expirat ion or earlier termination of this Agreement until all a ctions against the Indemnified Parties for such matters indemnified are fully and fi nally 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 Consultant’s obligation to defend, indemnif y, and/or hold har mless arises out of Consultant ’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 Ci vil Code section 2 782.8, which is fully incorpor ated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligen ce, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdic tion, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

8. RE CORDS AND REPO RTS

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

8.2 Records. C onsultant shall keep complete , accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and en able the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records a t all reasonable times, including the right to inspect, copy, a udit, and m ake records and transcripts from such records.

8.3 Owner ship of Documents . All drawings, specifications, reports, records , documents, and other materials prepared by Consultant in t he performance of this Agreement shall be the property o f City upon payment of all amounts due. Consult ant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a resu lt of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use.

Consultant shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . Al l drawings, specifications, reports, re cords, documents, and other materials prepared by Consultant in the performance of Services under this Agreement s hall not be released publicly without the prior written approva l of the Contract Officer.

8.5 Audit and I nspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, a nd facilities as City deems n ecessary to examine, copy, audit, and i nspect all accounting books, records, work data, documents, and activities directly related to Consultant’s perfor mance under this Agreement. C onsultant shall maintain s uch books, records , data, and documents in acco rdance with generally accepted Item 1H - Page 13
Revised by Addendum 1 Page 8 of 70

accounting principles and shall cl early identify and make such items readily accessible to such parties during the term of this Agreement and for a peri od of three (3) years from the date of final payment by City hereunder.

9. E NFORCEMENT OF AGREEMENT

9.1 Californi a Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties i n 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 b e ins tituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Inte r pretation. This Agreement s hall 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 a re contractual and the result of negot iation between the Parti es.

Accordingly, any rule of construction of contracts (including, without limitation, Cal ifornia Civil Code Section 1654) that ambiguities are to be construed agai nst the drafting party, shall not be employed in the interpretation of thi s 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 o mission in the exercise o f 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 Consultant. Any waiver by either party of any default m ust 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 Righ
ts a nd Remedies are Cu mulative. Except with respect to rights and remedies expressly declared to be exclusive i n this Agreement, the rights a nd remedies of the parties are cumulative. The exercise by either P arty of one or more of such rights or remedie s shall not preclude the e xercise by it, at the same o r different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal A ction. In addition to any other rights or remedies, either Party may take legal action, in law or in equit y, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of t his Agreement, to obtain i njunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 A ttorney Fees. In the eve nt 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 a ddition to such other relief as may be granted, to recover fro m the non-prevailing Party all reasonable costs and expenses. These include but are not l imited to reasonable attorney fees, expert consultant 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
Item 1H - Page 14
Revised by Addendum 1 Page 9 of 70

10.1 Non-Liability of City Officers and Employees . No officer or em ployee of City shall be personally liable to th e Consultant , or any successor -in-interest, i n the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or s hall have any direct or indirect financial interest in this Agreement, nor shall Consultant 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. Consultant warrants that Consultant 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 Discrimin a tion. In connection with its performa nce un der this Agreement , Consulta nt shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, mari tal status, ancestry, national origin ( i.e ., place of origin, immigration stat us, cu ltural or linguist ic characteristics, or ethnici ty), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (ea ch a “p rohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: empl oyment, upgrading, demotion or transfer; recrui tment or recruitment advertising; layof f or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without l imitation the provision of benefits, relating to non- discrimination in city contracting.

11. M ISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or com munication that either Party de sires, or is required to give to the other Party or any other pe rson sha ll 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 com municated seventy-two (72) hours from t he 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.

Item 1H - Page 15
Revised by Addendum 1 Page 10 of 70

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

To Consultant: Mead & Hunt, Inc.

Attention: Jeff Leonard, PE Project Manager/Vice
President
3110 East Guasti Road, Suite 330
Ontario, CA 91761

11.2 I
ntegrated Agreement . This Agreement constitut es the entire understanding between the Parties and supersedes and cancels all pri or negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the P arties with respect to the subject matter in this Agreement.

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

11.4 Severability. Whenever poss ible, each pr ovision of thi s Agreement shall be interpreted in such a manner as to be ef fective and valid under applicable law . In the event that any one or more of the phrases, sentences, cl auses, paragraphs, or sections contained in this Agreement shall be declared invalid or une nforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the re maining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which s hall be interpreted to carry out the intent of the parties.

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

11.6 T
hird Party Beneficiary . Except as may be expressly provided for i n this Agreement, nothing contained in this Agreement is intended to confer , nor shall this Agreement be construed as conferring, any rights, including, without limitation, an y 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 Agreem ent 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 beh alf 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 si gned in counterparts, each of which shall constitute an original.

Item 1H - Page 16
Revised by Addendum 1 Page 11 of 70

12. COMPLIANCE WITH ECONOMIC SANCT IONS 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 Cal ifornia, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consult ant shall als o certify co mpliance with the Russian Sanction s Program by completing the f orm located in Attachment “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 S ervices is provided, in whol e or in part, by the Federal Aviation Administration, Supplier shall also fully and adequa tely comply with th e provisions included in Exhibit “D” attached hereto and incorp orated herein by reference (“Federal Provisions”). With respect to any conflict b etween such Federal Pr ovisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 1H - Page 17
Revised by Addendum 1 Page 12 of 70

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN
THE CITY OF PALM SPRINGS AND MEAD & HUNT, INC.

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates s tated 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: _______________________________ D
ate:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1H - Page 18
Revised by Addendum 1 Page 13 of 70

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 1H - Page 19
Revised by Addendum 1 Page 14 of 70

SCOPE OF WORK

1.0 Background:

1. T he Palm Springs International Airport (Airport) is a Small Hub airpor t owned and operated by the City of Palm Springs under the administration of the City’s Department of Aviation. T he Airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California (3 400 East Tahqui tz C anyon Way). P SP Air port is a key component in local tourism which is the largest industry for the nine- city Coachella Valley. The Airport is experiencing extensive gr owth with nearly 3 millio n total passengers in calendar year 2022 and hosting 13 airl ines providing 70 daily fl ights during peak season. PSP also features Signature Flight Support, A tlantic Aviation, pr ivate hangars, two runways, an Air Museum, and an FAA Air Traffic Control Tower.

2. The Airport utilizes consultant services in t he various disciplines of work to assist the Airport with the planning, design and management of various projects on an as needed basis as outlined in the scope below.

1.1 Scope:

A. Construction Management Services
Consultant will perform all professional services consistent with the in dustry- accepted roles of a Construction Manager. Tasks include, but are not limited to:

1. Preconstruction Phase -
a. Review project plans for possible errors and defic iencies and report such findings to Airport and/of city staff.
b. Review of cost estimates to assist the Airport with budgeting for projects. c. Preparation and maintenance of master project schedules.

2. Construction Phase -
a. A ttend preconstruction meeting, with general contractors and project stakeholders. Prepare minutes of Pre-Construction meetings as needed for distribution to all attendees.
b. Provide and maintain sufficient field personnel to administer and manage construction contracts assigned by the City.
c. Review construction schedules, including activity sequences and duration, schedule of s ubmittals a nd delivery schedule of long lead materials and equipment. Review construction contractor’s updated schedules as may be required to reflect actual progress of work. Repor t project status to the City and advise City promptly of any schedule delays.
d. Schedule and conduct weekly progress m eetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.
e. Pr
oce ss construction contractor’s submittals for project architec t’s/design consultant’s review and approval as needed.

Item 1H - Page 20
Revised by Addendum 1 Page 15 of 70

f. Process and track RFIs, submi ttals, shop drawings, proposed change orders and revisions as needed.
g. Maintain redlined as -built plans on an ongoing basis throughout the duration of the any project. Redl ined plans shall show all changes made to the original contract plans, each change i dentified with the name of the approver and date of change approval.
h. P repare and submit a mont hly Activity Summ ary Re port in a format approved by Airport/City staff. The activit y report shall include among other items status of RFI’ s, contract change order s, an d notice the potential claims; construction activities completed, ongoing and upcoming; status of the budget and schedule and other highlights and critical issues. i. Coordinate all required inspections needed. The Consultant shall ensure that appropriat e C ity and local agencies are notified and present as required by the projects.
j. Review and eval uate proposed change orders. Review est imates for reasonableness and cost ef fectiveness, n egotiate costs and r ender recommendations to City.
k. Resolve any contractor disputes in a timely manner and keep City inf ormed of any issues through resolution.
l. Maintain cost account ing re cords on authorized work performed under contract unit costs and additional work performed based on actual c osts of time (labor) and materials (T&M).
m. Maintain a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and propo sed change s. Identify variances between actual and es timated costs and report such variances to City at regular intervals. n. Assist Ci ty in coordinating services of other consulta nts (g eotechnical, NPDES, materials testing, deputy inspection, special labor atory testing, etc.) that may be hired or selected for the projects.
o. C oordinate with Utility and other third-party entities that may have an effect on the project.
p. Establish and implement job safety p rocedures in compliance with CAL - OSHA requirements. Mo nitor contractor’s compliance with established safety program, respond to deficiencie s and hazards, and investigate and report on accidents.
q. Track quantities/volume of work com pleted for progress payment. Develop and implement procedures for revi ew and processing of progress payment applications. Assist City with review and certification for payment. r. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulatio ns and requirements and coordinate these efforts and findings with the City’s Workforce Agreement Coordinator. s. Perform quality assurance reviews on a regular basis and recommend changes, as necessary.
t. C omply with federal and stat e grant funding requirements as required.

Item 1H - Page 21
Revised by Addendum 1 Page 16 of 70

u. Prepare federal and state grant funding reimbursements as required. v. Maintain a complete project filing system of project documentation. w. Provide construction management s ervices to assure that the progress of the work, the caliber, scope, detail of construction, quantity and quality of materials and equipment, and the standard of workmanship co nform to the intent of the architect/engineer as expressed in the construction documents including the integration of the project into the airport’s Safety Management System program.
x. Assist the Airport in r eviewing and approving all contractor pay requests , change orders, and/or resolving disputes.

3. Post Construction Phase –
a. Assist th e City with any outstanding claims or request for e quitable adjustment that have not been resolved.
b. Evaluate completion of work and recommend to City when work is ready for final inspection.
c. Conduct final inspection/walk through w ith City s taff, maintenance/service personnel and project architec t/design consultant, comp ile the punch lis t, and advise the Airport as to the acceptability of the work performed by the construction contractor(s).
d. I ssue preliminary and final punch list, including schedule for punch list completion. Monitor and follow thro ugh with contract or until completion of all punch list items.
e. Secure and transmit as built drawings, required guarantees, certifications, affidavits, leases, easement deeds, operating and maintenance manuals, warranties and other documents as stipulated in contract documents. f. Prepare final construction reports with project completion report and deliver all project files to Airport/city staff.
g. Review and process contractor’s request for f inal payment and release of retention.
h. Ensure complete p roject close-out, and systems start-up management and coordination.

4. The list of projects includes but is not limited to:
 C onstruction/program managem ent services of the terminal baggage handling systems replacement and facility modifications.

1.2 Schedule:

Work will be authorized by task orders for the work. Each task order will outline the timeframe to complete the work.

Item 1H - Page 22
Revised by Addendum 1 Page 17 of 70

1.3 Compensation:

Work will be compensated on an either an hourly rate time and material or lumpsum basis as outlined in the task order. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the pr evious month as long as a detailed progress report is provided to support the amoun t reques
ted. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1H - Page 23
Revised by Addendum 1 Page 18 of 70

Item 1H - Page 24
Standard Billing Rates
• Clerical ...

MEAD & HUNT, Inc.

Standard Billing Rate Schedule
Effective January 1, 2024
..... ............ $100 .00 I hou r
-------------------------
• Technical Editor .. .............. ........ $ 136.00 I hour • Senior Editor .. ...................... $198.00 I hour ------------------ • Accounting , Administrative Assistant · · · · · · · · · · · · · · · · · · · · · · · · $128 00 / hou r • Technician I, Technical Writer .......................... $11800 / hou r ---------------- Technician II, Surveyor - Instrument Person . . .. . ...... ..... ..... ............ $137.00 I hou r • Technician Ill ............ ............ $159 .00 I hou r --------------------------
• Technician IV · · · · · · · · · · · · · · · · · · · · · · · · $168 00 I hou r • Senior Technician ............................ $ 211 .00 I hou r ---------- • Engineer I, Scientist I, Architect I, Interior Designer I, Planner I ....................... $ 150.00 I hou r • Engineer II, Scientist II, Architect II, Interior Designer II, Planner II • Engineer Ill , Scientist Ill, Architect Ill, Interior Designer Ill, Planne r Ill ...... ................. $167 .00 I hou r
........................ $179.00 I hour
• Construction Resident Project Representative (RPR) .. ................................................... ................. $ 189.00 I hou r • Senior Engineer, Senior Scientist, Senior Archite ct, Senior Interior Designe r, Senior Planner, Construction Manager .. ............................................................................................... ...................... $232 .00 / hou r • Project Engineer, Project Scientist , Project Architec t, Project Interior Designer, Project Plann er ... $ 248.00 / hou r • Senior Project Engineer , Senior Project Scientis t, Senior Project Architect, Sen ior Project Interior Desig ner Senior Project Planner.. . .. $287 .00 / hou r
• Senior Associate, Principal, Senior Client/ Project Manager ........................ $355 .00 I hou r Expenses
• Geograph ic Information or GPS Systems . .. .. .. . .. .. .. . .. .. . . ....... ..... ................. $100 .00 / day • Out-Of-Pocket Direct Job Expenses .......................................... .... ......................... ....... ..... ............ cost plus 15% Such as reprod uctions, sub-consultants / contrac tors, etc.

Travel Expense
• Company or Persona l Car Mileage
* Rates will be charged at Current IRS rate
• Air and Surface Transportation
• Lodging and Sustenance
Billing and Payment
..... .............. ... .. $ IRS rate / mile*
.. ...................... cost plus 15%
.. .... ................. cost plus 15%
• Travel time is charged for wor k required to be performed out-of-office A minim um of two hours w ill be billed for any work out-of -office
• Invoicing is on a monthly basis for work performed . Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days afte r the date of invoice.

This schedule of billing rates is effective January 1, 2024 , a nd will remain in effect until December 31, 2024, unless unforeseen increases in operation al costs are encount ered. We reserve the right to chan ge rates to reflect such increases.
2024_ Current M H Colifornio rotes
SECTION D · FORMS 86
Revised by Addendum 1 Page 19 of 70

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 1H - Page 25
Revised by Addendum 1 Page 20 of 70

INSURANCE

1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant’s performance under this Agreem ent.

Consultant shall procure and maintain all i nsurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this A greement.

Consultant shall also carry workers’ compensation insurance in accordance wi th 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 not ice to City of a ny proposed cancellation. Certi ficates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, and authorized agents, as addi tional insureds by original endorsement shall be delivered to and approved by C ity prior to commencement of Se rvices. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees.

2. M inimum Scope of Insurance .

The minimum amount of insurance requir ed
under this Agreement shall be as follows:

A. Comprehensive g eneral liability and personal injury with limits of at least one mi llion dollars ($1,000,000.00) combined single lim it cov erage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at le ast one million dolla rs ($1,000,000.00) per occurrence;
C. Professional liability (err ors and omissions) insurance wi th limits of at least one million dollars ($1,000,000.00) per occurre nce an d two m illion dollars ($2,000,000) annual aggregate is:
____ X___ requir ed
_____ ___ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of a t le ast on e million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. P rimary Insurance. For any claims related to this Agreement, Consultant’s insurance coverage shall be pr imary with respect t o the C ity and its respective elected officials, officers, employees, and authorized agents. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, and authorized agents, shall be in e xcess of Consultant’s insurance and shall not contribute with it. For Workers’ Compens ation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1H - Page 26
Revised by Addendum 1 Page 21 of 70

contribution it may have against City, its elected officials, officer s, employees, and authorized agents.

4. E rrors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Consultant provi des claims made profes sional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims m ade w ithin t hree years of the comp letion of Consultant ’s Services under this Agreement, or (2) to maintain professional liability in surance coverage with the same carrier in the amount required by this Agreement for at least three years after completion o f Consultant’s Services under this Agreement. Consultant 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. Suffic iency of Insurers. Insurance requir ed in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provi ded by insurers admitted in the State o f California with an A.M. Best’s Key Rat ing of B++, Class VII, or better, unless otherwise acceptable to the City.

6. V erification of Coverage. C onsultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The cert ificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of ins urance is to be received and approved by the City bef ore work commences. City re serves the right to require Consultant’s insurers to provide complete , certified copies of all required insura nce policies at any time. Additional insured endorsements are not required f or Errors and Omissions and Workers’ Compensation policies.

Ver ification of Insurance coverage may be provided by: (1) an approved G eneral and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an appro ved Additiona l I nsured 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 C ity 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 prim ary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Pa lm 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 writte n noti ce to t he Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 1H - Page 27
Revised by Addendum 1 Page 22 of 70

D. Both the Workers’ Compensation and Employers' Liability policies s hall contain the insurer's waiver of subrogation in favor of Cit y, it s elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, th e Ci ty of Palm Springs shall be named t he certificate holder on the policies.

All ce rtificates of insurance and endorsemen ts are t o be recei ved and approved by the City before work commenc es. A ll certificates of insurance must be authorized by a person w ith authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not w aive the Consultant’s obligation to provide them.

7. D
eductibles and Self -Insured Retentions . Any deduct ibles or sel f-insured retentions must be declared to and approved by the City prior t o com mencing any w ork 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 of ficials, officers, employees, agents, a nd volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administratio n, a nd def ense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Consulta nt guarantees payment of all de ductibles and self -insured retentions.

8. S everability of Interest s (S eparation of Insureds) . This insur ance applies separately to each i nsured against whom claim is made or suit is brough t except with respect to the limits of the insurer’s liability.

Item 1H - Page 28
Revised by Addendum 1 Page 23 of 70

EXHIBIT “C”

EXECUTIVE ORDER N-6-22 CERTIFICATION

Item 1H - Page 29
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 36-23)

ON CALL PROJECT SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor 's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals ; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entitie s and individual s 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.

Signatur e: <l-16 yJ
Printed Name: Jeff Leonard
---------------
Title: Project Manager/Vice President
Firm Name: Mead & Hunt, Inc.

Date: ll/07/2023
SECTION D . FORMS 84
Revised by Addendum 1 Page 24 of 70

Exhibit “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

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

*Solicitation Clause also
Updated 2.8.2023
Item 1H - Page 30
Revised by Addendum 1 Page 25 of 70

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

The Contractor must maintain an acceptable cost accounting system. The C ontractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their d uly authorized representatives access t o 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 y ears 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 1H - Page 31
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FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

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

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

Construction work means cons truction, re habilitation, alteration, conversion, extension, demolition or re pair of buildings, highways or ot her changes or im provements to re al 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 installatio n of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manu facture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).

Professional Services – any professional service agreement if the professi onal services agreement includes tasks that meet the definition of construction w ork [as defined by the U.S.

Department of Labor (DOL)] and exceeds $1 0,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).

Property/Land – any agreement associated with lan d acq uisition if the agreement includes construction work (define d above) tha t exceeds $10,000. Examples incl ude demolition of structures or installation of boundary fencing.

REQUIREMENTS -

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

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

Timetables
Goals for minority participation for each trade: not applicable Goals for female participation in each trade: not applicable These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Co ntractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established f or such geographical area where the work is actually per formed. 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 Oppor tunity Clause, s pecific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the g oals. Th e ho urs of minority and female employment and training must be Item 1H - Page 32
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substantially uniform throughout the len gth 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 f rom project to project for t he 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 C ontractor shall provide written notification to the D irector of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the con tract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer ident ification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and comp letion 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 con tract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

R
eference: 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 CFR Part 200, Appendix II ( A). This threshold is occasionally adjusted for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.

REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily 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 o f: non -ferrous meta ls; 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 t he 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 progr am, the Contractor agrees to comply with pertinent statutes, Exec utive 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), c reed, sex (including se xual orientation and gender identity), age, o r disability be e xcluded from participating in any acti vity 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 Contract or, for itself, its assignees, and successors in interest (hereinafter referred to as the “ Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the C ivil Rights Act of 196 4 (42 USC § 2 000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (N on-discrimination in Federally -Assisted progr ams of the Depart ment of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (pr ohibits unfair treatment of persons displaced or w hose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 US C § 7 94 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibit s discrimination on the basis of age);
• Airport and Airw ay Improvem ent Act of 1982 ( 49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Right s Restoration Act of 1987 (PL 100- 259) (broadened the scope, covera ge and applicability of Title VI o f 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 term s “programs or activities” to include all of the programs or acti vities 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 o f 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the ope ration of p ublic entities, p ublic and private transportation systems, places of public a ccommodation, 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, Feder al Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, polic ies, and ac tivities with disp roportionately high and adverse human health or environmental effects on minority and low-income populations); • E xecutive Order 13166, Imp roving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination Item 1H - Page 37
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because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable s teps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1 972, as am ended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

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

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

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

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

In all solicitations, either by competitive bidding or negotiation m ade by the Contract or for work to be performed under a s ubcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under th is 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 iss ued pursuant thereto and will permit access to its books, records, ac counts, other sources of information, and it s facilities as may be determined by the City or the Fede ral Aviation Administration to be pertinent to ascertain compliance with such Nondiscrim ination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of anoth er who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for N oncompliance: I n the event of a Contractor’s noncompliance w ith the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administra tion may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor unde r the contract until the Contractor complies; and/or
b. Ca ncelling , terminating, or suspending a contract, in whole or in part.

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6. Incorporation of Pro visions: The Contractor will include the pr ovisions 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 respe ct to any subcontract o r procurement as the City or the Federal Aviat ion Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subc ontractor, or supplier because of such direction, the Contractor m ay request the City to enter into any litig ation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lo wer tier c ontracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant t o the Clea n Air Act (42 USC § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the E nvironmental 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 Wor k H ours and Safety Stan dards Act Requirements ( CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the cont racts not less than one and one-half times thei r basic rate of pay for all hours worked over 40 in a wor kweek.

CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally - assisted projects. The Wage and Hour Division (WHD) within the U.S. D epartment of Labor (DOL) enforces the compensation requireme nts of this Act, while DOL ’s Occupational Saf ety and Health Ad ministration (OSHA) enforces the safet y and health requirements.

Contract Types –
Construction – This provision applies to all c ontracts 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 acqui sition projects where the manufact ure 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, m echanics, watchmen , and guards . This includes members of survey crews and exploratory drilling operations.

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

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcont ractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall requi re or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of fo rty hours i n 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 al l hours worked in excess of forty hours in such workweek.

2. Violat ion; Liability for Unpaid Wages; Liquidated Damages.

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

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3. Withholding for Unpaid Wages and Liquidated Damages.

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

4. Subcontractors.

The Contractor or subcontractor shall insert in a ny subcontracts the clauses set fo rth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime cont ractor shall b e r esponsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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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 const ruction or repair of public buildings or public works, financed in whole or in part by the United States, to gi ve 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 wi th respect to the wages paid each employee du ring the preceding week.

Contract Types –
Construction – This provision applies to al l construction cont racts 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 m anufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).

Professional Services –The emergence o f different proje ct delivery methods has created situations where Professional S ervice Agreements (PSAs) include tasks that meet the definiti on of construction, alteration, or repair as defined in 29 CFR Part 5 . If such tasks result in work that qualifies a s 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 employm ent of laborers o r mechanics for a contract exceeding $2,000.

REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor a nd subcontractors are prohibited from inducing, by any means, any person e mployed on the project to give up any part of the compe nsation to w hich the employee is entitled. The Contractor and each Subc ontractor 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 rep ort any violations of the Act t o the Fe deral A viation Administration.

Referenc e: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1H - Page 43
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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., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufact ured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Ser vices – The emergence of different project del ivery 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, alter ation, 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 invol ve installation of boundary fencing and demolition of structures would involve labor ers and mechanics. The City must include this provision if th e land a cquisition 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 me chanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor 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.

Contri butions 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 w eekly period (but not less often than quarterly) under plans, funds, or programs which cover the particul ar weekly period, are deemed to be constructively made or incu rred during such weekly period. Such laborers and mechanics shall be paid the appropriate w age rate and fringe benefits on the wage Item 1H - Page 44
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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 b e compensated at the rate specified for each classification for the time actually worked therein: Provided, tha t the employer’s payroll records accurately set forth t he time spent in each classification in which work is performed. The wage determ ination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class o f laborers or mechanics, including helpers, which is not list ed in the wage determinati on and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rat e, incl uding any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and m echanics 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 Adminis trator 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 classific ation 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 con tracting officer do not agree on the proposed classi fication and wage rate (including the amount d esignated for fringe benefits, where appropriate), the contracting officer shall refer the questions, i ncluding 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 (inc luding f ringe 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 contract for a class of laborers or m
echanics includes a fringe benefit which is not expressed as an hourly rate, the contracto r 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.

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(iv) If the Contractor does not make payments to a trustee or other thir d person, the Contractor may cons ider as part of the wages of any laborer or mec hanic the amount o f any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Prov ided, that the Secretary of Labor has found, upon the w ritten request of the Cont ractor, that the applicable standards of the Davis -Bacon Act hav e been m et. T he Secretary of Labor may require the Contractor to s et 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 con tract subject to Da vis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessar y to pay laborers and mechani cs, including apprentices, trainees, and hel pers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of fail ure to pay any laborer or mechanic, including any appr entice, 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 Administrat ion may, after written notice to the Contract or, City, Applicant, or Owner, take such action as may b e necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating ther eto 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 n umber of each such worker; his or her correct classifi cation; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the t ypes described in 1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deduc tions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated i n 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 evidenc e of the registration o f apprenticeship programs and certification of trainee programs, th e registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) Th e Contractor shall submit weekly for ea ch week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contr actor will submit the payrolls to the applicant, the City , or Owner, as the case may be, for transmission to the Federal Aviation Administration. The pay rolls 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 Item 1H - Page 46
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shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll informa tion may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime cont ractor 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 n ot such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to t he 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 payrol l 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), th e appropriate information is bei ng mai ntained 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 wa ges earned, without rebate, either directly or indirectly, and that no deductions have been made either directl y or indirectly f rom 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 t he classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a pro perly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the a bove c ertifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1 001 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 represent atives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview empl oyees during w orking hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency 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 Item 1H - Page 47
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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 r ate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered w ith th e 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 register ed in the program, but who has been certified by the O ffice 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 per mitted to the contractor as to the ent ire wo rk force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is n ot 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 permit ted 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 whi ch its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subc ontractor’s registered program shall be observed. Every apprentice must be paid at not less than the ra te specified in the registered program for the apprenti ce’s level of p rogress, expressed as a percentage of the journeymen hourly rate spec ified in the a pplicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fri nge 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. I n the event t he Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agenc y recognized by t he Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than th e 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 A dministration. Every trainee must be paid at not less t han the rate sp ecified in the app roved program for t he trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shal l be paid fringe benefits in accordance with the provisions of the 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 Item 1H - Page 48
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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 pa id 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 withdr aws approval of a training program, the Contractor will no longer be permitted to ut ilize trainees at l ess than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) E qual Employment Opportunity. The utilization of appr entices, trainees, and journeymen under this part shall be in conform ity with the e qual employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

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

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and suc h other clauses as the Federal Aviation Administrati on may by appropriate ins tructions requ ire, and als o a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. T he 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 t heir representatives.

10. Certifi
cati on of Eligibility.

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

5.12(a)(1).
(ii) No part of this contract shall be subcontrac ted 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. C overed transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal o r exceed $25,000. This includes contracts associated with land acquisition projects.

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

A11.3.2 Lower Tier Contract Certification

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

1. C hecking 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 Administr ation later determines that a lower tier part icipant 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 ma y 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 Contra ctor or subcontractor s hall not discriminate on the basis of race, color, nat ional origin, or se x in th e 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 contractor receives from [the City]. The pr ime contractor agrees further to return retainage paym ents to each subcontrac tor within [30 days] days aft er the subcon tractor’s wo rk is satisfa ctorily 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 terminate a DBE subc ontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, in stances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non - DBE firm, or with another DBE firm.

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

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

The City m ay 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 circum stances listed in 49 CFR §26.53.

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

The prime contractor must give the D BE five days to r espond to the prime contractor's notic e and advise the City a nd the Contractor of the reasons, if any, why it objec ts to t he proposed Item 1H - Page 52
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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, “Te xt Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipient s of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messagi ng 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 dri vers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of thi s clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10
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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 compli ance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1H - Page 55
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded proje cts, b ut not t o 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 c ondition of r eceiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grant ees workplace may be where the 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 per sons, without regard to r ace, co lor, r eligion, 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 em ployment 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 for 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 solicitatio ns or advertisements for employe es placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other m anner 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 access to the compensation information of other employees or applicants as a part of such Item 1H - Page 57
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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 with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be di rected 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;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

D
epartment of Labor, or any person to whom the Director delegates authority; Item 1H - Page 58
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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) A sian 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 ori ginal peoples of North Americ a and mai ntaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shal l physic ally 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 H ometown 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 solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and f emale 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 wor k in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the 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.

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

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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 opport unities. 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 wit h 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 a nd 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. D
evelop on- the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprentic eship and trainee progr ams relevant to the Contracto r’s employment needs, especially those programs funded or approved by the Department of Labor.

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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 hiri ng, 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 writ ten record shall be made and maintained identifying the time and place of these meet ings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, fe male, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written not ification 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 v acation 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. E
nsure that seniority prac tices, job classificati ons, work assignments, and ot her personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.

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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 of fers 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 s upervisor’s adherence to and per formance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their aff irmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or m ore of its obligations under 7a through 7p of these 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. Cons equently, 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 pers on because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

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

12. The Contractor shall carr y o u
t 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 penalties shall be in violation of these specifications and Executive Order 11246, as amended.

Item 1H - Page 62
Revised by Addendum 1 Page 57 of 70

13. The Contractor, in fulfilling it s 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 G overnment, 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

Item 1H - Page 63
Revised by Addendum 1 Page 58 of 70

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
Item 1H - Page 64
Revised by Addendum 1 Page 59 of 70

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 offero r certifies by signing and subm itting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, 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
Item 1H - Page 65
Revised by Addendum 1 Page 60 of 70

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 mus t 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. Ex amples include the installation of noi se 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 rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1H - Page 66
Revised by Addendum 1 Page 61 of 70

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

REQUIREMENT -
All contracts and subcontracts that result from t his solicitation incorporate by r eference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. 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 em ployer 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 mus t address any claims or disputes that pertain to a referenced requirement directly with th e U.S.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
Item 1H - Page 67
Revised by Addendum 1 Page 62 of 70

FAA – 21 Procurement of Recovered Materials
APPLICABILITY – C ontract 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 wit h Section 6002 of t he Solid Wast e 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 preference for recove ry 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 contrac t 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 1H - Page 68
Revised by Addendum 1 Page 63 of 70

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 1H - Page 69
Revised by Addendum 1 Page 64 of 70

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 speci fications 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 subcon tractors, 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 1H - Page 70
Revised by Addendum 1 Page 65 of 70

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 1H - Page 71
Revised by Addendum 1 Page 66 of 70

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 1H - Page 72
Revised by Addendum 1 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 Unit ed 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 t hat 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 jurisdict ion of an agency of the United S tates 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 subcontra ctors 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 Secre tary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminat e against U.S. firms published by the U STR 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 o n 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 normal ly possessed by a prudent person in the ordinary course of business dealings.

The Cont ractor 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 1H - Page 73
Revised by Addendum 1 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 Adm inistration (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 1H - Page 74
Revised by Addendum 1 Page 69 of 70

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 dis abled veterans.

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

Reference: 49 USC § 47112(c)
Item 1H - Page 75
Revised by Addendum 1 Page 70 of 70

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 1H - Page 76

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1H - Page 77

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Membe rs, Managers, Tru stees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity

________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________

_______________________________  Officer  Director  Member  Manager [ name]  General Partner  Limited Partner
 Other __________________________

________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 O ther __________________________

Mead & Hunt, Inc.
2440 Deming Way, Middleton, WI 53562
3110 East Guasti Road, Suite 330, Ontario, CA 91761
Wisconsin
Please see attached
78 SECTION D . FORMS
Item 1H - Page 78
✓
✓

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

[ percentage of beneficial interest in entity and
name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.

[name of owner/investor]

[ percentage of beneficial interest in entity and
name of entity]
E.

[name of owner/investor]

[percentage of beneficia l interest in entity
and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDE R T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date

Anne M. Black, Business Operations Director October 23, 2023 Please See Attached
79 SECTION D . FORMS
Item 1H - Page 79
I ~~~ I I L______L___ ___J
Mead and Hunt, Inc.

Corporate Officers and Directors

Andrew J. Platz, CEO/President/Director
J. Berry Still, Secretary/Director
Jeffrey M. Mason, Treasurer/Director
Laurie L. Whitney, Vice President/Director
John A. Rathke, Vice President/Director

Disclosure regarding ownership interest:

Mead and Hunt, Inc. is 100% owned by Mead & Hunt Companies, Inc.

Mead & Hunt Companies, Inc. Officers & Directors are:

Andrew Platz, Director/CEO/President
J. Berry Still, Director/Secretary
Amy Squitieri, Director/Treasurer
Ziad Sabra, Director/Vice President
Richard E. Plymale, Jr., Director/Vice President
Jeffrey Mason, Director/Vice President
Jon Faucher, Director/Vice President
Barbara Nick, External Independent Director
Gayle Roberts, External Independent Director
Pat Sheridan, External Independent Director

Andrew J. Platz is the only shareholder of Mead & Hunt Companies, Inc. above 5% at 6.30% ownership. 80 SECTION D . FORMS
Item 1H - Page 80 -

CITY COUNCIL STAFF REPORT

DATE: JANUARY 25, 2024 CONSENT CALENDAR

SUBJECT: AUTHORIZE THE PURCHASE OF FIVE (5) NEW VEHICLES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will authorize issuance of purchase orders for the purchase of five (5) new vehicles in an amount not to exceed $ 404,730.13. Four new vehicles are for use by the Airport for added positions and one new F-750 water truck is for use by Public Works.

Funding for this action is available from the Airport Fund (Fund 416 ), a separate fund established solely for operations of the Airport, and the Motor Vehicle Fund (Fund 510), a separate fund established solely for the purchase of vehicles and equipment.

RECOMMENDATION:

1. Approve the issuance of a purchase order to Salinas Lincoln Mercury, Inc, dba My Jeep Chrysler Dodge Ram, for the purchase of one (1) new Jeep Cherokee 4XE plug- in vehicle in an amount not to exceed $74,549.53, inclusive of a 10% contingency;

2. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of three (3) new Ford Mustang Mach E vehicles, and one ( 1) new Ford F -750 Water Truck in an amount not to exceed $330,180.60, inclusive of a 10% contingency;

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

BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms are included as Attachment A.

BACKGROUND:

Approval of the Fiscal Year 2023- 24 and Fiscal Year 2024- 25 budget included the addition of 41.5 FTE for the Airport, with 17.5 FTE being approved for the current fiscal year. The proposed 4 vehicles will be supplied to new staff as approved in the budget. In addition, Fiscal Year 2023- 24 budget included the purchase of a water truck for the Item 1I - Page 1
City Council Staff Report
January 25, 2024 -- Page 2
Authorization to Purchase Vehicles

Department of Public Work’s Street Maintenance division.

STAFF ANALYSIS:

The City’s Public Works Department solicited quotes for the purchase of vehicles and received the following quotes:

Costs listed below are on a per-vehicle basis
Vendor/Vehicle Jeep Cherokee
4XE Plug-in
Ford Mustang
Mach E
Ford F-750
Water Truck
My Jeep Chrysler Dodge Ram $75,735.18
Crystal Chrysler Center $77,572.87
Mullahey CDJR $67,772.30
Raceway Ford $50,364.96
Palm Springs Motors $51,274.76
Fiesta Ford $51,242.57* $146,436.47
Bonander $234,282.92
National Auto Fleet Group $163,946.90

*Note: In accordance Palm Springs Municipal Code 7.09.030, Fiesta Ford, Inc., is a local vendor based in the Coachella Valley and therefore receives a 5% local preference.

The requested action includes the purchase of one (1) Jeep Cherokee 4XE Plug-in, three (3) Ford Mustang Mach E vehicles, and one (1) Ford F-750 Water Truck. The purchase of these vehicles follows the City’s Environmentally Preferable Purchasing Policy.

Staff has identified the following list of new vehicles for the indicated departments.

Fleet Additions:

Purchase five ( 5) new vehicles for fiscal year 2023- 24 budgeted additions , not yet assigned a vehicle.

Make/Model* Quantity Cost* Assigned To
2024 Jeep Cherokee
4XE Plug-in 1 $67,772.30 Airport
2024 Ford Mustang
Mach E 3 x $51,242.57 $153,727.71 Airport
2024 Ford F-750 Water
Truck 1 $146,436.47 Public Works
Subtotal $367,936.48
Contingency $36,793.65
Total Estimated Cost $404,730.13
*Vehicle Year, Make, and Model may change due to availability.

Item 1I - Page 2
City Council Staff Report
January 25, 2024 -- Page 3
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 reasonabl y 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:

Sufficient funding is available in accounts 4167065-60020, and 5106560-60020.

REVIEWED BY:

Assistant Director of Maintenance & Facilities: Daniel Martinez Director of Public Works: David McAbee
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 1I - Page 3

ATTACHMENT A

Item 1I - Page 4
Item 1I - Page 5
Item 1I - Page 6

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
e \
l- ,o*1* 6*d2 Znc

2. Address of Entity (Principle paace of B',lsiness)
299Vo l/,.u,'<n bQ Z&d.e g>toz

3. Local or California Address 1it Oiferent ttran *Zy

4. State where Entity is Registered with Secr
Cnt,'{o tn ) 'q
lf other than California, is the Entity also reqistered in California? I-l yes l-l tto5. Type of Entity @'6poration I Limited Liability Company I Partnership E Trust n otner (ptease specify) urrlcers' ulrectors, Members, Managers, Trustees, Other Fiduciaries (please specifgNote: lf any response is not a natural person, please identify alt officers, directoii,members, managers and other fiduciaries for the member, manager, trust or other entity ! officer fiOirector I Member I Manager
I General Partner I Limited partner
I Other
( /2a yoz- SIAM *rA, oR I Officer p Director I Member I Manager [name]
I General Partner ! Limited partner
I other
Dea.e tr Jcl/r,1/ -72,
! officer $pirector ! Member I Manager
[name]
I General Partner I Limited partner
I Other
(
h.-rr-(ht,o
CITY OF PALM SPRINGS _ PUBLIC INTEGRITY DISCLOSURE

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