Palm Springs City Council
September 26, 2024

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

Item 1O - Page 55

n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

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

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

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

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The C
ontractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal Item 1O - Page 56

employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.

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

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

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

Item 1O - Page 57

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 1O - Page 58

FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.

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

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

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
Item 1O - Page 59

FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

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

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

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

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

Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60- 1. Examples include demolition of structures or installation of boundary fencing.

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

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

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

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

Reference: 29 CFR part 1910
Item 1O - Page 61

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

Construction and Equipment – all construction and equipment projects.

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

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

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

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

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
Item 1O - Page 62

FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

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

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

Item 1O - Page 63

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

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

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

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

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

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41
Item 1O - Page 64

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 1O - Page 65

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 1O - Page 66

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

REQUIREMENT -

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

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must requir e subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

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

The Contractor agrees it will incorporate this provision for certification without modification in all l
ower 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 discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

Item 1O - Page 67

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

Item 1O - Page 68

FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1O - Page 69

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 1O - Page 70

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1O - Page 71

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Item 1O - Page 72

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date Item 1O - Page 73

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 24B 230 WITH WGJ ENTERPRISES INC., DBA PCI FOR ON-CALL AIRPORT RUBBER

AND PAINT REMOVAL AND APPLICATION S ERVICES FOR PALM

SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Agreement No. 24B230 with WGJ Enterprises Inc., dba PCI, in an amount not to exceed $4,500,000, for on-call Airport rubber and paint removal and application services for the Palm Springs International Airport.

RECOMMENDATION:

1. Approve Contract Services Agreement 24B 230 ( Attachment A ) with WGJ Enterprises Inc., dba PCI to provide on-call Airport rubber and paint removal and application services for the Palm Springs International Airport in an amount not to exceed $4,500,000 for the initial three- year term beginning October 1 , 2024 through September 30, 2027, with two one -year extension options at the City’s sole discretion; and

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 August 28, 2024, WGJ Enterprises Inc., dba PCI is registered in the state of California.

BACKGROUND:

The Federal Aviation Administration (FAA) requires airfield rubber and paint removal and paint application on a reoccurring basis. Rubber buildup from the tires of landing aircraft gradually reduces the friction on runways, and periodically removing the rubber buildup is part of routine maintenance to increase the friction on runways for landing aircraft. Over Item 1P - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Award On-Call Airport Rubber & Paint Removal & Application Services Contract

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

Overall, removing rubber and paint and reapplying paint markings on the airfield is an important maintenance task that ensures safety, compliance, aesthetics, and maintenance of the Airport. The Airport is also in need of painting services for public parking lots, curbs, driveways, and walkways.

On March 23, 2023, City Council granted approval for a contract services agreement for runway rubber and paint removal and application services for a three- year term in an amount not to exceed $905,000, ending on March 31, 2026. Since the amount of work needed was estimated when this contract was developed, more work ended up being needed than anticipated, which resulted in the contract funds being exhausted before the term was reached.

Consequently, it was necessary to put this work out for bid sooner than expected to ensure proper maintenance of our airfield and landside areas. Now that the Airport has a better estimate of the services needed, the contract amount has been increased to cover the full scope of services required. In addition to runway rubber and paint removal, the Airport has also included paint application services for landside areas in the contract.

Once the Airport acquires and begins using its newly purchased truck -mounted striping machine, the need for WGJ Enterprises Inc., dba PCI paint services will decrease and be utilized only on an “as needed” basis.

STAFF ANALYSIS:

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

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

An Invitation for Bids (IFB 24-26) was initiated by the City’s Procurement and Contracting Department on August 5, 2024, based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Five bids were received by the September 10, 2024, deadline as follows:

Vendor Bid
DC Carr Enterprises LLC DBA DC Dynamic Cleaning – Desert Hot Springs, CA
$5,990,142.85
WGJ Enterprises Inc. dba PCI – Azusa, CA $6,906,000.00
Hi-Lite Airfield Services, LLC – Watertown, NY $9,384,000.00 Sterndahl Enterprises LLC – Sun Valley, CA $13,770,000.00 Cal Stripe Inc. – Colton, CA $17,094,000.00
Item 1P - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
Award On-Call Airport Rubber & Paint Removal & Application Services Contract

DC Carr Enterprises LLC DBA Dynamic Cleaning was the low bidder; however, they withdrew their bid as they did not meet the 5- year minimum requirement for performing the services at a towered airport. As a result, WGJ Enterprises Inc. dba PCI became the low, responsive, responsible bidder . WGJ Enterprises Inc. dba PCI holds the current contract and has performed well to date.

The unit pricing is fixed for the first year and subject to CPI increase in subsequent years.

Staff recommends approval of Contract Services Agreement No. 24B 230 with WGJ Enterprises Inc. dba PCI for the initial three- year term in an amount not to exceed $4,500,000 effective October 1, 2024 through September 30, 2027, subject to two one- year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024- 25 in the Department of Aviation, Terminal Building Account 4157050 -40105 and Landside Account 4157040- 40105. The remaining annual amounts will be budgeted in future fiscal years.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
City Attorney: Oscar Verdugo
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 24B230
B. Public Integrity Disclosure
Item 1P - Page 3

ATTACHMENT A
AGREEMENT NO. 24B230
WITH WGJ ENTERPRISES INC. DBA PCI
Item 1P - Page 4

CONTRACT SERVICES AGREEMENT 24B230

ON-CALL AIRPORT RUBBER AND PAINT REMOVAL AND APPLICATION

SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on October 1, 20 24, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and WGJ Enterprises Inc., dba PCI, a California Corporation , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

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

B. Contractor has submitted to City a Bid to provide on-call airfield rubber and paint removal and application 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 facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

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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 $4,500,000.

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 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.

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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 October 1, 2024 , and ending on September 30 , 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 termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

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

5. COORDINATION OF WORK

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

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

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval . In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a 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 Item 1P - Page 7

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:
(to be determined)

5.6 California Labor Code Requirements.

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

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

6. INSURANCE
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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 including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services .

The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

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

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement . Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

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

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

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

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

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

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

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre- paid, first-class mail to the address set forth below .

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: WGJ Enterprises Inc., dba PCI
Attention: William G. Jacob
975 W 1st Street
Azusa, CA 91702

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

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

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law . In the event that Item 1P - Page 11

any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

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

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

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

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

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

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

Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

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

[SIGNATURES ON NEXT PAGE]

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

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

CONTRACTOR:

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

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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1.1 Background:

Federal Aviation Administration (FAA) requires airfield rubber and paint removal and paint application on a reoccurring basis. Rubber buildup from the tires of landing aircraft gradually reduces the friction on runways, and periodically removing the rubber buildup is part of routine maintenance to increase the friction on runways for landi ng aircraft. Over time, paint on the airfield can become worn out, cracked, or chipped. This can create a rough surface that can damage aircraft tires. Removing and reapplying paint on the airfield can help to maintain a smooth surface, reducing the wear and tear on aircraft tires. Overall, removing rubber and paint and reapplying paint markings on the airfield is an important maintenance task that ensures safety, compliance, aesthetics, and maintenance of the airport. The Airport is also in need of painting services for public parking lots, curbs, driveways, and walkways.

1.2 Scope:

A. Contractor will provide removal and application of airfield markings, painted and thermoplastic, from all runways, taxiways, ramp areas, vehicle driving areas, as well as airport public roadways striping and stenciling(painting), public and non- public parking lot re-striping(parking stalls), curb painting, and traffic control on an as-needed basis. Removal shall not damage the paving surface to any discernable degree.

B. All work on runways and taxiways must be performed during the “off hours” of the airport unless otherwise approved by the Director of the Airport or Authorized Representative. This will constitute night work on the part of the contractor at times.

C. All work on public roadway areas must be conducted at times that minimally impact public access to the Airport. This will constitute night work on the part of the contractor at times.

D. All waste removal is the responsibility of the contractor to dispose of pursuant to local regulations.

E. Contractor will provide rubber removal services of airfield runways as needed to maintain compliance with FAA Advisory Circular (AC) 150/5320- 12D or the most recent version of the document.

F. After rubber removal, a friction test shall be administered pursuant to FAA AC 150/5320-12D or the most recent version of the document. The results will be provided in a report to PSP Operations Department.

G. Removal of airfield pavement markings shall be removed from the indicated areas by methods acceptable to PSP Operations Department that cause negligible damage to existing pavements, surface texture, joint sealants, or other airfield appurtenances.

Removal shall be in accordance with FAA AC 150/5370 -10H Item P -620. Water blasting, Schibeci removals and other similar types of marking r emoval will be reviewed for approval by the Airport’s Authorized Representative. Paint markings shall be removed from all areas indicated by 80%; however, holding position markings, surface painted signs, enhanced taxiway centerlines, and where marking is not to be re-installed shall be 100% removed.

H. “Paintovers” – obliteration of existing markings by covering them with paint or bituminous materials will not be allowed unless indicated on plans or approval by the Director of the Airport or Authorized Representative.

I. Upon completion of paint removal operations, any paint, pavement, or obliteration materials left on the pavement shall be removed by means of high-pressure vacuum.

J. Areas where marking removals have occurred in asphalt pavement but where no subsequent overlay or surface treatment is planned shall have an emulsified asphalt Item 1P - Page 15

fog seal placed on them after marking removal to mitigate raveling and weathering distress. This application shall meet FAA AC 150/5370-10H Item P-608 or most current version of this document.

K. The Contractor shall repair at its expense any damage to the pavement, surface texture, joint sealants or appurtenances caused by the removal work by methods acceptable to the Airport Authorized Representative. Any removal method that causes objectionable dust, contaminated water runoff, or other such hazard or nuisance shall be controlled by means that eliminate such causes of objection or its use will not be allowed.

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

M. All paint applied to runways, taxiways and ramp areas must meet FAA requirements defined in FAA AC 150/5370-10E or the most recent version of the document.

N. Type 1 Glass beads must be used and applied for all movement area and ramp area markings as described in FAA AC 150/5370- 10H Item P -620 or the most recent version of the document.

O. The Contractor shall paint, stripe, repaint or restripe any lines for parking spaces, traffic patterns, directional arrows, walkways, ADA compliance parking stalls and walkways, stop sign intersections, bus stops locations, curbs, fire lanes, reflective markers and any other markings for driveways or parking lots.

P. The Contractor will provide traffic control to prevent public traffic from accessing locations being painted.

Q. The Contractor will provide a hazardous waste disposal manifest after each disposal.

1.3 Pricing:

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

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

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

1.4 Payment:

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

1.5 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the square footage unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Invoices that are Item 1P - Page 16

submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received.

The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to:
[email protected]
.

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AOA Map

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ATTAC HMlENI H

HID FORM
IINVITAI ON FOR BUJS (IIRB 24-2611
ON-CALL AIRPORT RUBBER AND PAIINI RIIEMOVAL AND APiPILIICAllON SIIERVIOES, Responcf rng1 to this IIFB for on-call airpo rubber and [Pai11t removal! and apl]licati:011 services at. the Palm ~pilings l1ntema ·01nal Airport (PSP). the u1ndeirsig1n.ed bidder [Proposes and agrees to provide the self\l'ices a1nd work ·rn accorda111oe· wilh the sp - · 1 :cations. er dder proposes and agrees to rum·slhi all t;)bor, eq1.fprnern rnatertalls, superlrlisim , arndl serlrlioo• necessary to OOfllilplete saidl Worik ·rn accordance wim the Specifications of the City ol Palm Spl"ings. and · ·o aa:ep as rul payme:111 therafora, the· tollo ·1ng I1.m· cos · mliilOUlilts. The City of Palm ~pllirngs. · ·1 mot aooept arny ad.oitiornal ,oharges, tees, etc. tlh,a: are mot alreaay ·rnctud'.edl or ·rnoorporated rrn the below urn[t oos ,_ ITEM DESCRIIP'TIION UNIT ESTIMATED IIJIINl"f PRICIIE SUBTOTAl ,QUANTITY 1 Airfiel(I Riubber RE!fliloval Serlrlioes. SF 11 ,200,000 0 .. 38 $456 ,000.00 2 Ainielll P -nt Removal Sei-vices SF 750,000 $2 .. 50 131,875,000 .00 Ainielll P ·11t Appli:caoon Sei-vices
3 (C-Ornl]lete• crew - 1rt!cks to R 3,,300 $1,48-5,000 .. 00 $ 450 .. 00 aocorr lislhi worik), 4 Non-J\il1iel'd Paint IRe11noval SF 750,000 $2 .. 50 131,875,000 .00 Serlrlioes n-J\il1iel'd Paint Appl cation
5 Serlrlioes. (C-Orr ete crew HR 11,500 350 .. 00 $525 ,000.00 aocomr,plislhi worik)i
Parts am ateriafiS % mark-lU p,
(IE11ter the percernt in lhe· u111 price
6 column as a decimal figure: % $600,000 11 .. 50 _ 690,000 .00 Ex.ample,, fin a 10% ~1artrup,, en II"
11 .. 110) ..
lOlAil (Emmi" , is amount iin Pila etBids) 136 906 ,000.00 NameJTypeJModell Equ·pnile111 used fur Rubber Removal Servi.ces: ________ _ NamelTypeJModell Equ·pnilefil used fur Paim Removal Se ·oes.: _________ _ NamelTypeJModell Equ·pn1e111 · used fur Pain Ap;pl'icatio:111 Serlrlioes.: ________ _ * le: This bidl fom1 is to dete1rni111e the IO'!Ne.st bi.dd'.er and ,ill be· usedl Ito esta , liiSh the contract u1nit plli:ces .. The irofiltract va ue · ·1 be set at lhe City Image a11110urn .

Item 1P - Page 20
: WGJ Enterpr'ses Inc., dba PCI
DIR Num b0r: 10 08 l3!:i3 G
Prin eel Name: Willii,lr G, Jacob
Dati©; 8/28/2024

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 1P - Page 21

INSURANCE

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

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

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

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it . For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

Item 1P - Page 22

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 shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

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

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter . Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

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

Item 1P - Page 23

EXHIBIT “C”

Item 1P - Page 24

ATTACHMENT F
E)()ECllJTIVE ORDER N Sm.22 1CERTIFICATION
INVIT.AT ,ON FOR BIDS (IFB 24-26)
ON~CALL AIIRPO1RT RUBBIER AND PA!INIT RE OVAL AND APPLICATION SEFN C,ES Execullive Ordei N-6-22 Issued by Governor Gavin Newsom on March 4, 2:022, diire,cts au gene es . nd p rtmenls ~ t re ubje 10 the• 1Govemor' aultlorily to (a) termirnate any oo 1tracts ·with anry individuals or enti ·es tl\at are determined! lo be t _rget of eoon01-- le sa otions agairnst Russta and Russian enliti:es and indiviaua ; and! {ID) - rain trom erue 1 g i11to anf ew corilracls \ · h s chi ind~vidua Is or erifflies while the aforemerrliorned sanctions a - in etf ect.

Execull~ve OrdeT ~s.22 also requires tlna,t a y contractor tha : (1 ) cunren-lty ha.:S a co tract witlh Iha City of Pait Springs fLmd!ed lhroug h gran · funds rprovided by th€: Sta1i@· ,1 Cal"fomia; . - d/or {2'), subm~ts a bid or proposal ,or o - rwi e propose to, -rr erder i to or rerraw a oo -tract with the City of Palm Sprl gs wtth State of Callfornlia ,grant funds,, ce rtl · u,at the persorn is not the tar,get. of a y ,eco omic .sancti s against Ru sla nd R1.1ss an entlUes andl irrdiviaual:s.
'The corr act.or ere by ,cerhfles; SUBJ EC TO PE · -·LT IFOR PERJURY , that a the oo tractor is: not a target o any eco rnQflfllic sarnctioris aga'irn;t ussian and ussian ,enUt s and Ulilldlividua :s as dliscuss&d in Exeia.Jtiv@ Orde r N-6-22 arnd b) lhe perso sig1ni -g lbe • w s duly all horlze - to le I ly bind the Con -racier. This certificaoo11 i:s madi urnder thle laws. of lhe State of cal if._ - la.,
l?rinled Name: W i Iha m , fa .ob
Title; P esi de 11t/Owne r
IFim, N I e: WGJ Errterp rises lnc.1 ba PC I
Date: &/28/2024

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 1P - Page 25

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

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

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1P - Page 26

FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

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

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

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

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

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

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

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

REQUIREMENTS -

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

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

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

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer Item 1P - Page 27

of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

Reference: 41 CFR Part 60-4

Item 1P - Page 28

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

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 1P - Page 29

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

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

Reference: Title 49 USC § 50101
Item 1P - Page 30

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

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

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

Reference: 49 USC § 47123
Item 1P - Page 31

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

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

Reg. 74087 (2005)];
Item 1P - Page 32

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

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

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

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

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

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

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such Item 1P - Page 33

provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Reference: 49 USC § 47123, FAA Order 1400.11
Item 1P - Page 34

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

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

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

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

Item 1P - Page 35

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

Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one- half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

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

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

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

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

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

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

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

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or Item 1P - Page 36

cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.

4. Subcontractors.

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

Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
Item 1P - Page 37

FAA – 09 Copeland Anti-Kickback

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

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

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).

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

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

REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part

3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee i s entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1P - Page 38

FAA – 10 Davis Bacon Requirements

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

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

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

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

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

DAVIS-BACON REQUIREMENTS

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

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:

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Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Item 1P - Page 40

Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

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

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digi ts of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Item 1P - Page 41

Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where Item 1P - Page 42

appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

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

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5. Compliance with Copeland Act Requirements.

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

6. Subcontracts.

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

7. Contract Termination: Debarment.

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

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

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

9. Disputes Concerning Labor Standards.

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

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

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

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141- 3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non- procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.

REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

A11.3.2 Lower Tier Contract Certification

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

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

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

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

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

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

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

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

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

The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City. Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

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

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed 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.

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

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

REQUIREMENT -

TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub- tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

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

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

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1P - Page 49

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

The Drug -Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.

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

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

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

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

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

Professional Services – all professional service agreements as required above.

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

REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such Item 1P - Page 51

disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or wor kers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

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

Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:

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(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

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

3. If the Contractor is participating (pursuant to 41 CFR part 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

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

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the Item 1P - Page 53

apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to eac h construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

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g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its Item 1P - Page 55

obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

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

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

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

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

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

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

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for Item 1P - Page 56

the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

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

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

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

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

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

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

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

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.

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

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

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

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

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

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

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

Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60- 1. Examples include demolition of structures or installation of boundary fencing.

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

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

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

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

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

Construction and Equipment – all construction and equipment projects.

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

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

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

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

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

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

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

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

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

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

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

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

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

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

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

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

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

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

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1P - Page 66

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

REQUIREMENT -

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

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must requir e subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

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

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

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This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

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FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
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FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

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

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

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ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1P - Page 71
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1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
WGJ Enterprises Inc., dba PCI

2. Address of Entity (Principal Place of Business)
975 W 1st Street , Azusa CA 91702

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

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

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

6. Officers, Directors , Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors , members, managers and other fiduciaries for the member, manager, trust, or other entity
A. Todd Moysychyn ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
William G, Jacob D Officer D Director D Member D Manager (name) D General Partner D Limited Partner
[x] Other Owne r
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

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

Willi am G, Jacob 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signatu e of Disclosina Party, Printed Name, Title Date _:::, ,, ":::) ; _. J?~Ji
William G, Jacob President/Owner 8/28/2024

CITY COUNCIL STAFF REPORT
D
ATE: SEPTEMBER 26, 2024 BUSINESS & LEGISLATIVE
SU
BJECT: INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12.20.030 TO THE PALM SPRINGS MUNICIPAL

CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS AT THE PALM SPRINGS INTERNATIONAL AIRPORT”
F
ROM: Scott C. Stiles, City Manager
BY: E
ngineering Services Department
SUMMARY:

The pr
oposed action will establish speed limits at the Palm Springs International Airport following the performance of an Engineering and Traffic Survey assessing a total of six (6) street segments , in accordance with the requirements set forth by the California Vehicle Code. The proposed ordinance will allow for the enforcement of speed limits based on the results of the survey.

RECOMMENDATION:

1. Waive the reading of the Ordinance text in its entirety and read by title only.

2. Introduce first reading Ordinance No. _____ , “AN ORDINANCE OF THE CITY

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

12.20.030 TO THE P ALM SPRINGS MUNICIPAL CODE, RELATING TO THE

ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”
BACKGROUND:

I
n order to use radar or other electronic devices for the enforcement of speed limits within local jurisdictions, the California Vehicle Code (CVC) specifies that the speed limits must be reviewed and adjusted at five-year intervals on the basis of an “Engineering and Traffic Survey” (ETS), per CVC Section 40802(a), the national Uniform Vehicle Code (UVC), and the California Manual on Uniform Traffic Control Devices (MUTCD). Section 40802(c) of the CVC states that an ETS may be conducted every seven (7) years if certain parameters are met, or every ten (10) years if a registered engineer evaluates the subject road Item 3A - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Ordinance Adding Section 12.20.030 PSMC

segment(s) and determines that no significant changes in the roadway or traffic conditions have occurred.

In April 2024, the Palm Springs International Airport (“Airport”) and the Police Department reached out to City Engineering Staff to help establish enforceable speed limits within Airport boundaries that are open and accessible to the public. To date, there have been no records found pertaining to an ETS performed at the Airport, which made it difficult for the Police Department to cite drivers exceeding the posted speed limits within the Airport property.

Without a valid ETS on file, the current posted speed limits would be unenforceable and these sections of road may be considered “speed traps.” A “speed trap” is defined as a section of roadway with a posted speed limit that is not justified by an ETS conducted within the above-mentioned time frame prior to the date of the alleged violation, and the enforcement of the speed limit involves the use of radar or any other electronic devices that measure the speed of moving objects. Fu rthermore, any testimony and evidence offered as a basis to establish a violation of the posted speed limit on any roadway that is deemed a “speed trap” is inadmissible in a court of law.

The purpose of an ETS is to document compliance with the CVC, and to determine if changes (decreases or increases) to posted speed limits of City streets are appropriate.

It is a common misconception that the posting of speed limit signs will influence drivers to drive at that speed. However, the facts indicate otherwise; research shows that the average driver is influenced more by the appearance of the highway itself and the prevailing traffic conditions in choosing the speed at which they drive, rather than the posted speed limit. Consequently, the CVC requires that speed limits be established with appropriate engineering practices and methods.

In evaluating existing speed limits, the ETS considers various factors. These factors include the prevailing roadway speeds, traffic lane width, number of traffic lanes, access points, roadway alignment, traffic volumes, accident experience, adjacent land use characteristics, and both bicycle and pedestrian safety. CVC Section 22352 provides for a 25-mph speed limit regardless of the results of an ETS for streets that meet certain criteria. One criteria set forth by the CVC includes being in a “Residence Di strict” or “Business District.” Therefore, on many local City streets, the 25- mph speed limit is the prima facie speed limit and signs may or may not be posted.

Outside of a Residence or Business District, speed limits are required to be established at or near the 85th percentile speed recorded during a spot speed survey. When establishing new speed limits, the speed limit is established at the nearest 5- mph increment of the 85
th percentile speed recorded.

Item 3A - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
Ordinance Adding Section 12.20.030 PSMC

STAFF ANALYSIS:

In April 2024, a task order was issued to the City’s on-call Traffic Engineering Consultant, Kimley-Horn and Associates Inc. (Kimley -Horn), for traffic engineering services for the Airport Speed Survey.

Kimley-Horn was able to collect data in-season and begin analysis over the months of May to July. Several meetings were held during this time between Kimley -Horn, Engineering Staff, the Airport, and the Police Department.

On August 1, 2024, following the completion of data collection and meetings to review the findings, a final report was produced, along with recommended speed limit sign locations, which were accepted by all three City departments. The areas assessed are shown in Figure 1 below.

Figure 1 – Airport Speed Study Locations

Item 3A - Page 3
City of Palm Spring Engineering and Traffic Survey Figure 1 · Roadway Segments Analyzed fv1ap N•w SPEED
Sp LIMIT
I.WI 35
@
NTS
' ~ w
Speell
Limn
.., ..
irl!
SPEED
LIMIT
25 a
©
5 @
A rp;on Cellter Drive
Kilt Douglas Way
E Baristo Roao
Kilt Douglas Way
'ii< OouglllS~
llclllilg S PE.ED
~P'f'I· LIMIT
l.)mlt 40
ll C<elo Aoad East End
a:nquitz CaoyOA Way A1e11;isAo;M1
AIT1t'alS/Oepar11ns Iv tvalS/DepilftlJres
South fno N<Jrth E'nd
Kirk lkli.glas Wa1•
F Banslo Road
M'jlort Cerler Oriv~
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0 f&lSS,:,Jmem mimner
~---- ® ·- -- --.
!tltlsig S PEED ~,'• .. Sl,Rd LIMI
limit 40 1,·.

City Council Staff Report
September 26, 2024 -- Page 4
Ordinance Adding Section 12.20.030 PSMC

The final Kimley-Horn Airport Speed Study is included as Attachment A and the Special Speed Study Ordinance is included as Attachment B. Staff supports the findings in the ETS report and recommends the approval of the Special Speed Study Ordinance.

ENVIRONMENTAL ASSESSMENT:

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

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

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with Community Infrastructure – (2B), identify high-priority facilities.

FISCAL IMPACT:

This action has no immediate fiscal impact. The cost to replace the speed limit signs is anticipated to be less than $5,000 and will require the use of Airport funds.

REVIEWED BY:

City Engineer: Joel Montalvo
Airport Director: Harry Barrett Jr.

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Airport Speed Survey Report dated August 1, 2024
B. Special Speed Study Ordinance

Item 3A - Page 4

Attachment A
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kimley-horn.com 73-700 Dinah Shore Drive Unit 101, Palm Desert, CA 92211 760-565-5103

TECHNICAL MEMORANDUM
To:

Francisco Jaime, PE, Principal Civil Engineer, City of Palm Springs Edward Graff, Interim SMS Manager, Palm Springs Airport Jeremy Keating, CM, Assistant Airport Director, Palm Springs Airport From: Jean Fares, TE, Kimley-Horn and Associates, Inc.

Maya Bouchet, AICP, Kimley-Horn and Associates, Inc.

Date:

Subject: Palm Springs International Airport Engineering and Traffic Survey

INTRODUCTION
This Engineering and Traffic Survey (E&TS) was conducted at the request of the City of Palm Springs (City) and the Palms Springs International Airport. The Engineering and Traffic Survey is intended to serve as the basis for the establishment and enforcement of speed limits for 6 selected roadway segments within the City as shown in Figure 1. The 6 roadway segments were selected based off speeding concerns from the City and Palms Springs International Airport.

The law requires Engineering and Traffic Surveys to be performed with the use of radar or other electronic devices at locations where speed limits are to be enforced with the use of radar. The certifications for the radar guns and the radar operators involved with this project are contained in Appendix A.

METHODOLOGY
Bi-directional Average Daily Traffic (ADT) counts for a 24-hour period and speed data were collected during a typical weekday at the study roadway segments during May 2024 by Counts Unlimited.

Speed data was collected through either radar speed survey or with a tube counter in areas where parking was limited. See Appendix B for traffic data and speed data collected.

An Engineering and Traffic Survey, as defined per Section 627 of the California Vehicle Code (CVC), must consider the prevailing speeds, collision history, pedestrian and bicycle activity, and roadway traffic and roadside conditions not readily apparent to the driver. A field review of roadway conditions was conducted, which is considered along with the collected data and collision history, to determine a safe and reasonable speed limit for a roadway segment. The specific procedures used in the Engineering and Traffic Survey are outlined in the California MUTCD 2014 Edition, Revision 7.

August 1, 2024
Item 3A - Page 6
NTS
Kirk Douglas WayKirk Douglas Way

PALM SPRINGS PALM SPRINGS

INTERNATIONAL AIRPORTINTERNATIONAL AIRPORT

PALM SPRINGS PALM SPRINGS

CITY HALLCITY HALL

RENTAL RENTAL

CAR LOTCAR LOT
Kirk Douglas WayKirk Douglas Way
E Tahquitz Canyon WayE Tahquitz Canyon Way
El Cielo RoadEl Cielo Road
Airport Center DriveAirport Center Drive
E Baristo RoadE Baristo Road
Arenas RoadArenas Road
E Ramon RoadE Ramon Road
LEGEND
Study Area
E&TS Segment Number
#
1 2
3 4
5 6
City of Palm Spring Engineering and Traffic Survey Roadway Segments Analyzed Map 2525
3535
3030
4040
2525
E&TS Segment Summary
Segment No. Roadway Segment Segment Start Segment End
1 U.S. Customs and
Border Protection Entry El Cielo Road East End
2 Kirk Douglas Way E Tahquitz Canyon Way Arenas Road
3 Kirk Douglas Way Arrivals/Departures -
South End
Arrivals/Departures -
North End
4 E Baristo Road Kirk Douglas Way Kirk Douglas Way
5 Kirk Douglas Way E Baristo Road Airport Center Drive
6 Kirk Douglas Way Airport Center Drive Ramon Road
4040
Figure 1:

Existing
Speed
Limit
Existing
Speed
Limit
New
Speed
Limit
New
Speed
Limit
New
Speed
Limit
New
Speed
Limit
Item 3A - Page 7

kimley-horn.com 73-700 Dinah Shore Drive Unit 101, Palm Desert, CA 92211 760-565-5103

GUIDELINES
The following guidelines were referenced in order to justify the speed limit recommendations for the surveyed roadway segments.

City of Palm Springs Code of Ordinance
The City’s Code of Ordinance Section 12.20.020 references CVC Sections 22357 and 22358 and the City-wide Engineering and Traffic Survey dated November 24, 2021, prepared by Kimley Horn, to determine reasonable and safe speed limits within the City. In this section, it is determined that a speed greater than 25 miles per hour (mph) would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon the City streets. A speed limit of 65 mph or greater is considered not reasonable or safe upon the City streets.

California Vehicle Code (CVC)
It should be noted that the CVC allows local authorities to increase or decrease the prima facie limits by ordinance or resolution to appropriate limits as determined by an Engineering and Traffic Survey.

Based on CVC Section 22358.8(a) local authority are allowed to increase or decrease the prima facie limits by ordinance or resolution to appropriate limits as determined by an Engineering and Traffic Survey. This can be done after completing an Engineering and Traffic Survey, and local authorities find that the speed limit is still more than is reasonable or safe. Local authorities may choose to retain the currently adopted speed limit or restore the immediately prior adopted speed limit if that speed limit was established with an Engineering and Traffic Survey. Posted speed limits not defined in the CVC or established by ordinance are not considered valid. 85th-Pecentile Speed
Speed zones are primarily established to protect the general public from reckless, unreliable, or otherwise dangerous drivers. Speed limits are generally established at or near the 85th percentile speed, which is defined as the speed at or below which 85 percent of traffic is moving. Speed limits established using the 85th percentile speed captures majority of drivers. They are not dependent on the judgment of one or a few drivers.

COLLISION HISTORY
The Engineering and Traffic Survey forms summarize the available collision information for each of the street segments. The summary of collision data was obtained and reviewed for the most recent three complete years for each segment. Based on the number of total collisions studied over the three-year period (January 2019 to January 2021) and ADT data, a collision rate per million vehicle miles was calculated for each segment analyzed. To provide a general comparison of the collision rates on the segments to expected collisions rates for similar types of local roadways, the collision rates for each segment were compared to the statewide average rate listed in the 2021 Collision Data on California State Highways (road miles, travel, collisions, collision rates, see Table 1). The collision rates for each roadway segment analyzed are shown in Appendix B.

Item 3A - Page 8

kimley-horn.com 73-700 Dinah Shore Drive Unit 101, Palm Desert, CA 92211 760-565-5103

Table 1 - 2021 California State Highways Collision Rates

Lane Type Total Collision Rate Per Million Vehicle Miles (3- Year Rates for ‘15, ‘16 and ‘17)

2&3 Lanes

1.06 4 lanes (undivided highway)

1.22 4 lanes (divided highway)

1.00 Source: 2021 Collision Data on California State Highways published by State of California Business, Transportation and Housing Agency, Department of Transportation Division of Traffic Operations.

The current collision rate for each segment was calculated using the following formula:

Collision Rate = ((N/3)*1,000,000))/(ADT*L*D)
 N: Number of accidents within the study segment in 3 years  ADT: Average daily traffic for segment
 L: Length of segment (in miles)
 D: Number of days in 1 year (365)

RESULTS AND RECOMMENDATIONS
The recommendations given in this report are intended to establish prima facie speed limits. Prima facie limits advise motorists of the enforcement of speed limits for a particular section of a roadway segment under existing conditions.

The Engineering and Traffic Survey sheets take into consideration field observations, collision history, existing conditions, and collected ADT and speed data to recommend a speed limit for the 6 roadway segments surveyed. The results of the Engineering and Traffic Survey are shown in Table 2. All Engineering and Traffic Survey Sheets are included in Appendix B. A summary detail sheet of all surveyed roadway segments listing all the factors that informed the recommendations is included in Appendix C.

Item 3A - Page 9

kimley-horn.com 73-700 Dinah Shore Drive Unit 101, Palm Desert, CA 92211 760-565-5103

Table 2 - City of Palm Springs E&TS Results
No. Location Name Segment Start Segment
End
Existing
Posted
Speed
Limit (MPH)
Limit
Change
New
Speed
Limit
(MPH)
1 US Customs and Border
Protection - Palm Springs
Port of Entry
El Cielo Road East End N/P NO 25
2 Kirk Douglas Way Arenas Road E Tahquitz
Canyon Way 20 INCREASE 35
3 Kirk Douglas Way Palm Springs International
Airport Arrivals/Departures 20 INCREASE 25
4 E Baristo Road Kirk Douglas
Way
Kirk Douglas
Way 20 INCREASE 30
5 Kirk Douglas Way E Baristo Road Airport
Center Drive 40 NO 40
6 Kirk Douglas Way Airport Center
Drive
Ramon
Road 40 NO 40

Kimley-Horn has reviewed all project segments and has determined that roadway segments 1, 5, and 6 may retain their previous speed limit per California Vehicle Code Section 22352(b)(1) and the 85 th percentile speed as shown in Table 2. An increase in speed limit is recommended for roadway segments 2, 3, and 4 based off the 85 th-percentile speed limit obtained from the collected radar speed data, May 2024. If the City and the Palm Springs International Airport staff are interested in changing the speed limits from the recommendation presented above, a site-specific City Ordinance would need to be developed to justify the change.

Item 3A - Page 10
APPENDIX A – RADAR GUN AND RADAR OPERATOR CERTIFICATES

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APPENDIX B – ENGINEERING AND TRAFFIC SURVEY SHEETS

Item 3A - Page 34
1 STREET CERTIFICATION DATE:

FROM TO

SPEED FACTORS
5/2/2024 -
24 Hour
23 MPH
29 MPH
21 - 30

65.8% 25 MPH
1,834

COLLISION HISTORY
3 0

0.00 1.06

TRAFFIC FACTORS
Average Daily Traffic 1,834
Number of Lanes 1 lane, each direction. Undivided.

Type of Traffic Control Stop at US Customs and Border Portection entrance.

Crosswalks? Yes, at US Customs and Border Portection entrance.

Pedestrian Traffic Minimal
Truck Traffic Minimal
On-Street Parking None
Sidewalks? None
Driveways? Yes

ROADWAY FACTORS
Length of Segment 763'
Width 28'
Vertical Curve No
Horizontal Curve Yes
Visibility Clear
Roadway Conditions Good
Lighting Yes, north and south sides.

Adjacent Land Use Airport / Offices
Field Study By KHA Checked By KHA
CERTIFICATION: I Jean Fares do hereby certify that this Engineering and Traffic Survey within the City of Palm Springs was performed under my supervision and is accurate and complete. I certify that City staff is experienced in performing surveys of this type. I am duly registered in the State of California as a Professional Engineer (Traffic).
7/11/2024 TR2097
Jean Fares Date State Registration Number
Collision Rate (ACC/MVM)
Expected Collisions (ACC/MVM)
Date of Speed Survey
Time of Speed Survey
85th Percentile Speed
10 mph Pace Speed
Percentage of Vehicles in Pace
Number of Survey Samples
Posted Speed Limit
Speed Justification
Recommended Speed Limit
Number of Years Studied
Total Collisions
5/2/2024Date Counted

CITY OF PALM SPRINGS
US Customs and Border Protection
El Cielo Road East End
25 mph prima facie speed limit per CVC Section
22352(b)(1)

ENGINEERING AND TRAFFIC SURVEY
50th Percentile Speed (Mean Speed)
Item 3A - Page 35

City of Palm Springs
US Customs and Border Patrol
E/ El Cielo Road
24 Hour Directional Speed Survey

PLS001
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Eastbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
05/02/24 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1
04:00 0 0 2 3 0 0 0 0 0 0 0 0 0 0 5
05:00 1 4 5 1 0 0 0 0 0 0 0 0 0 0 11
06:00 7 11 24 5 1 0 0 0 0 0 0 0 0 0 48
07:00 1 4 11 5 0 0 0 0 0 0 0 0 0 0 21
08:00 1 8 13 2 0 0 0 0 0 0 0 0 0 0 24
09:00 6 22 43 18 5 0 0 0 0 0 0 0 0 0 94
10:00 4 10 43 13 7 0 0 0 0 0 0 0 0 0 77
11:00 5 17 35 16 1 0 0 0 0 0 0 0 0 0 74
12 PM 6 18 43 10 0 0 0 0 0 0 0 0 0 0 77
13:00 8 23 28 9 1 1 0 0 0 0 0 0 0 0 70
14:00 3 12 25 9 0 0 0 0 0 0 0 0 0 0 49
15:00 0 18 31 7 1 0 0 0 0 0 0 0 0 0 57
16:00 3 10 20 11 1 0 0 0 0 0 0 0 0 0 45
17:00 3 8 17 6 0 0 0 0 0 0 0 0 0 0 34
18:00 1 4 16 3 0 0 0 0 0 0 0 0 0 0 24
19:00 3 9 10 2 0 0 0 0 0 0 0 0 0 0 24
20:00 0 12 4 1 2 0 0 0 0 0 0 0 0 0 19
21:00 1 3 0 0 0 0 0 0 0 0 0 0 0 0 4
22:00 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1
23:00 0 2 2 0 0 0 0 0 0 0 0 0 0 0 4
Total 53 197 374 121 19 1 0 0 0 0 0 0 0 0 765

Daily 15th Percentile : 16 MPH
50th Percentile : 21 MPH
85th Percentile : 26 MPH
95th Percentile : 29 MPH

Statistics Mean Speed(Average) : 22 MPH
10 MPH Pace Speed : 16-25 MPH
Number in Pace : 571
Percent in Pace : 74.6%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
Item 3A - Page 36

City of Palm Springs
US Customs and Border Patrol
E/ El Cielo Road
24 Hour Directional Speed Survey

PLS001
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
05/02/24 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
01:00 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 0 0 0 5 1 0 0 0 0 0 0 0 0 0 6
05:00 4 4 4 5 0 0 0 0 0 0 0 0 0 0 17
06:00 2 4 10 10 2 0 0 0 0 0 0 0 0 0 28
07:00 2 4 10 17 2 0 0 0 0 0 0 0 0 0 35
08:00 1 8 18 22 7 0 0 0 0 0 0 0 0 0 56
09:00 0 7 20 34 21 2 0 0 0 0 0 0 0 0 84
10:00 3 6 32 39 18 2 0 0 0 0 0 0 0 0 100
11:00 3 18 18 43 16 4 0 0 0 0 0 0 0 0 102
12 PM 1 15 34 42 16 1 0 0 0 0 0 0 0 0 109
13:00 6 19 29 44 11 1 0 0 0 0 0 0 0 0 110
14:00 4 15 18 28 8 0 0 0 0 0 0 0 0 0 73
15:00 4 9 23 26 9 1 0 0 0 0 0 0 0 0 72
16:00 2 8 17 17 8 1 0 0 0 0 0 0 0 0 53
17:00 5 9 23 23 4 1 1 0 0 0 0 0 0 0 66
18:00 7 7 20 23 4 2 0 0 0 0 0 0 0 0 63
19:00 3 7 9 22 3 1 0 0 0 0 0 0 0 0 45
20:00 3 4 10 6 4 0 0 0 0 0 0 0 0 0 27
21:00 3 8 5 3 2 0 0 0 0 0 0 0 0 0 21
22:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1
23:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Total 53 152 301 410 136 16 1 0 0 0 0 0 0 0 1069

Daily 15th Percentile : 18 MPH
50th Percentile : 25 MPH
85th Percentile : 29 MPH
95th Percentile : 33 MPH

Statistics Mean Speed(Average) : 25 MPH
10 MPH Pace Speed : 21-30 MPH
Number in Pace : 711
Percent in Pace : 66.5%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
Item 3A - Page 37

City of Palm Springs
US Customs and Border Patrol
E/ El Cielo Road
24 Hour Directional Speed Survey

PLS001
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Eastbound, Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
05/02/24 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2
01:00 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1
04:00 0 0 2 8 1 0 0 0 0 0 0 0 0 0 11
05:00 5 8 9 6 0 0 0 0 0 0 0 0 0 0 28
06:00 9 15 34 15 3 0 0 0 0 0 0 0 0 0 76
07:00 3 8 21 22 2 0 0 0 0 0 0 0 0 0 56
08:00 2 16 31 24 7 0 0 0 0 0 0 0 0 0 80
09:00 6 29 63 52 26 2 0 0 0 0 0 0 0 0 178
10:00 7 16 75 52 25 2 0 0 0 0 0 0 0 0 177
11:00 8 35 53 59 17 4 0 0 0 0 0 0 0 0 176
12 PM 7 33 77 52 16 1 0 0 0 0 0 0 0 0 186
13:00 14 42 57 53 12 2 0 0 0 0 0 0 0 0 180
14:00 7 27 43 37 8 0 0 0 0 0 0 0 0 0 122
15:00 4 27 54 33 10 1 0 0 0 0 0 0 0 0 129
16:00 5 18 37 28 9 1 0 0 0 0 0 0 0 0 98
17:00 8 17 40 29 4 1 1 0 0 0 0 0 0 0 100
18:00 8 11 36 26 4 2 0 0 0 0 0 0 0 0 87
19:00 6 16 19 24 3 1 0 0 0 0 0 0 0 0 69
20:00 3 16 14 7 6 0 0 0 0 0 0 0 0 0 46
21:00 4 11 5 3 2 0 0 0 0 0 0 0 0 0 25
22:00 0 1 0 1 0 0 0 0 0 0 0 0 0 0 2
23:00 0 2 2 0 0 0 0 0 0 0 0 0 0 0 4
Total 106 349 675 531 155 17 1 0 0 0 0 0 0 0 1834

Daily 15th Percentile : 17 MPH
50th Percentile : 23 MPH
85th Percentile : 29 MPH
95th Percentile : 32 MPH

Statistics Mean Speed(Average) : 24 MPH
10 MPH Pace Speed : 21-30 MPH
Number in Pace : 1206
Percent in Pace : 65.8%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
Item 3A - Page 38
2 STREET CERTIFICATION DATE:

FROM TO

SPEED FACTORS
5/2/2024 20 MPH
31 MPH
35 MPH
27 - 36

91.0% 35 MPH
100

COLLISION HISTORY
3 0

0.00 1.06

TRAFFIC FACTORS
Average Daily Traffic 7,452
Number of Lanes 2 lane in the southbound direction
Type of Traffic Control None
Crosswalks? None
Pedestrian Traffic Minimal
Truck Traffic Minimal
On-Street Parking None
Sidewalks? None
Driveways? None

ROADWAY FACTORS
Length of Segment 896'
Width 40' between E Tahquitza Canyon Way & Arenas Rd. 26' at entrance to airport parking.

Vertical Curve No
Horizontal Curve No
Visibility Clear
Roadway Conditions Good
Lighting Yes, west side.

Adjacent Land Use Airport / Parking
Field Study By KHA Checked By KHA
CERTIFICATION: I Jean Fares do hereby certify that this Engineering and Traffic Survey within the City of Palm Springs was performed under my supervision and is accurate and complete. I certify that City staff is experienced in performing surveys of this type. I am duly registered in the State of California as a Professional Engineer (Traffic).
7/10/2024 TR2097
Jean Fares Date State Registration Number
Number of Survey Samples
Posted Speed Limit
Speed Justification
Recommended Speed Limit
10:30 - 11:00 AM
Date Counted
Number of Years Studied
Total Collisions
Collision Rate (ACC/MVM)
Expected Collisions (ACC/MVM)
Date of Speed Survey
Time of Speed Survey
50th Percentile Speed (Mean Speed)
85th Percentile Speed
10 mph Pace Speed
Percentage of Vehicles in Pace
5/2/2024

CITY OF PALM SPRINGS
Kirk Douglas Way
Arenas Road E Tahquitz Canyon Way
85th percentile speed

ENGINEERING AND TRAFFIC SURVEY
Item 3A - Page 39
MPH Vehicles Surveyed TOT.

Speed NB SB VEH. Location: Kirk Douglas Way
55 0 0 55 0
54 0 0 54 0
53 0 0 53 0 Between: N/ Arenas Road
52 0 0 52 0
51 0 0 51 0
50 0 0 50 0 Weather: Clear
49 0 0 49 0
48 0 0 48 0
47 0 0 47 0 Date:
46 0 0 46 0
45 0 0 45 0
44 0 0 44 0 Time
43 0 0 43 0 From: 10:30
42 0 0 42 0
41 2 0 41 X X 2 Time
40 0 0 40 0 To: 11:00
39 1 0 39 X 1
38 0 0 38 0 Existing
37 0 0 37 0 Speed Limit: 20 MPH
36 5 0 36 X X X X X 5 *
35 9 0 35 X X X X X X X X X 9 *
34 7 0 34 X X X X X X X 7 *
33 8 0 33 X X X X X X X X 8 P
32 8 0 32 X X X X X X X X 8 A
31 13 0 31 X X X X X X X X X X X X X 13 C
30 9 0 30 X X X X X X X X X 9 E % Over Pace: 3%
29 11 0 29 X X X X X X X X X X X 11 *
28 12 0 28 X X X X X X X X X X X X 12 * % In Pace: 91%
27 9 0 27 X X X X X X X X X 9 *
26 5 0 26 X X X X X 5 % Under Pace: 6%
25 1 0 25 X 1
24 0 0 24 0 Average Speed: 31 MPH
23 0 0 23 0
22 0 0 22 0 Pace Speed: 27 - 36 MPH
21 0 0 21 0
20 0 0 20 0
19 0 0 19 0 15th Percentile / Critical Speed: 27 MPH
18 0 0 18 0
17 0 0 17 0 50th Percentile / Critical Speed: 31 MPH
16 0 0 16 0
15 0 0 15 0 85th Percentile / Critical Speed: 35 MPH
14 0 0 14 0
13 0 0 13 0
12 0 0 12 0
11 0 0 11 0
10 0 0 10 0
9 0 0 9 0
8 0 0 8 0
7 0 0 7 0
6 0 0 6 0
5 0 0 5 0
Total 100 0 GRAND TOTALS 100

PO Box 1178
Corona, CA 92880
T 951-268-6268 F 951-268-6267
City of Palm Springs
Radar Speed Survey
Northbound Southbound
Radar Survey Conducted By:

Counts Unlimited, Inc.
5/2/24
Item 3A - Page 40

City of Palm Springs
Kirk Douglas Way
N/ Arenas Road
24 Hour Directional Volume Count

PLS002
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Start 5/2/2024 Southbound Hour Totals Hour Totals Combined Totals Time Thu Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon 12:00 18 141 0 0
12:15 5 134 0 0
12:30 4 144 0 0
12:45 2 146 29 565 0 0 0 0 29 565
01:00 0 130 0 0
01:15 0 176 0 0
01:30 1 126 0 0
01:45 6 93 7 525 0 0 0 0 7 525
02:00 6 128 0 0
02:15 2 112 0 0
02:30 2 125 0 0
02:45 1 118 11 483 0 0 0 0 11 483
03:00 3 168 0 0
03:15 4 136 0 0
03:30 3 171 0 0
03:45 14 162 24 637 0 0 0 0 24 637
04:00 18 139 0 0
04:15 25 118 0 0
04:30 27 146 0 0
04:45 40 176 110 579 0 0 0 0 110 579
05:00 40 203 0 0
05:15 33 131 0 0
05:30 47 96 0 0
05:45 42 118 162 548 0 0 0 0 162 548
06:00 35 145 0 0
06:15 36 119 0 0
06:30 45 64 0 0
06:45 32 42 148 370 0 0 0 0 148 370
07:00 26 35 0 0
07:15 28 22 0 0
07:30 49 58 0 0
07:45 48 57 151 172 0 0 0 0 151 172
08:00 52 38 0 0
08:15 64 29 0 0
08:30 73 52 0 0
08:45 88 84 277 203 0 0 0 0 277 203
09:00 117 121 0 0
09:15 116 150 0 0
09:30 134 110 0 0
09:45 154 108 521 489 0 0 0 0 521 489
10:00 170 106 0 0
10:15 152 97 0 0
10:30 144 40 0 0
10:45 138 30 604 273 0 0 0 0 604 273
11:00 128 14 0 0
11:15 140 21 0 0
11:30 102 15 0 0
11:45 136 8 506 58 0 0 0 0 506 58
Total 2550 4902 2550 4902 0 0 0 0 2550 4902
Combined
Total 7452 7452 0 0 7452
AM Peak - 09:45 - - - - - - - - -
Vol. - 620 - - - - - - - - -
P.H.F. 0.912
PM Peak - - 04:30 - - - - - - - -
Vol. - - 656 - - - - - - - -
P.H.F. 0.808

Percentag
e 34.2% 65.8% 0.0% 0.0%
ADT/AADT ADT 7,452 AADT 7,452
Item 3A - Page 41
3 STREET CERTIFICATION DATE:

FROM TO

SPEED FACTORS
5/2/2024 20 MPH
22 MPH
27 MPH
19 - 28

82.0% 25 MPH
100

COLLISION HISTORY
3 0

0.00 1.00

TRAFFIC FACTORS
Average Daily Traffic 6,226
Number of Lanes 5 lane in the northbound direction. Divided.

Type of Traffic Control Raised yellow speed humps throughout project corridor.

Crosswalks? Yes, 4 crosswalks from parking lot to Palm Springs Internaltional Airport.

Pedestrian Traffic Heavy
Truck Traffic Minimal
On-Street Parking On the east side by the aiport arrivals/departures.

Sidewalks? On east and west sides.

Driveways? Yes, for access to the airport parking lot.

ROADWAY FACTORS
Length of Segment 794'
Width 96'
Vertical Curve No
Horizontal Curve Yes
Visibility Clear
Roadway Conditions Good
Lighting Yes, west side and raised median.

Adjacent Land Use Airport / Parking
Field Study By KHA Checked By KHA
CERTIFICATION: I Jean Fares do hereby certify that this Engineering and Traffic Survey within the City of Palm Springs was performed under my supervision and is accurate and complete. I certify that City staff is experienced in performing surveys of this type. I am duly registered in the State of California as a Professional Engineer (Traffic).
7/10/2024 TR2097
Jean Fares Date State Registration Number
Number of Survey Samples
Posted Speed Limit
Speed Justification
Recommended Speed Limit
10:55 - 11:15 AM
Date Counted
Number of Years Studied
Total Collisions
Collision Rate (ACC/MVM)
Expected Collisions (ACC/MVM)
Date of Speed Survey
Time of Speed Survey
50th Percentile Speed (Mean Speed)
85th Percentile Speed
10 mph Pace Speed
Percentage of Vehicles in Pace
5/2/2024

CITY OF PALM SPRINGS
Kirk Douglas Way
Arrivals/Departures Arrivals/Departures
85th percentile speed

ENGINEERING AND TRAFFIC SURVEY
Item 3A - Page 42
MPH Vehicles Surveyed TOT.

Speed NB SB VEH. Location: Kirk Douglas Way
55 0 0 55 0
54 0 0 54 0
53 0 0 53 0 Between: At Arrivals / Departures
52 0 0 52 0
51 0 0 51 0
50 0 0 50 0 Weather: Clear
49 0 0 49 0
48 0 0 48 0
47 0 0 47 0 Date:
46 0 0 46 0
45 0 0 45 0
44 0 0 44 0 Time
43 0 0 43 0 From: 10:55
42 0 0 42 0
41 0 0 41 0 Time
40 0 0 40 0 To: 11:15
39 0 0 39 0
38 0 0 38 0 Existing
37 0 0 37 0 Speed Limit: 20 MPH
36 0 0 36 0
35 0 0 35 0
34 1 0 34 X 1
33 0 0 33 0
32 0 0 32 0
31 0 0 31 0
30 0 0 30 0 % Over Pace: 5%
29 4 0 29 X X X X 4
28 6 0 28 X X X X X X 6 * % In Pace: 82%
27 10 0 27 X X X X X X X X X X 10 *
26 3 0 26 X X X 3 * % Under Pace: 13%
25 4 0 25 X X X X 4 P
24 4 0 24 X X X X 4 A Average Speed: 23 MPH
23 14 0 23 X X X X X X X X X X X X X X 14 C
22 16 0 22 X X X X X X X X X X X X X X X 16 E Pace Speed: 19 - 28 MPH 21 6 0 21 X X X X X X 6 *
20 11 0 20 X X X X X X X X X X X 11 *
19 8 0 19 X X X X X X X X 8 * 15th Percentile / Critical Speed: 19 MPH 18 6 0 18 X X X X X X 6
17 3 0 17 X X X 3 50th Percentile / Critical Speed: 22 MPH 16 2 0 16 X X 2
15 2 0 15 X X 2 85th Percentile / Critical Speed: 27 MPH 14 0 0 14 0
13 0 0 13 0
12 0 0 12 0
11 0 0 11 0
10 0 0 10 0
9 0 0 9 0
8 0 0 8 0
7 0 0 7 0
6 0 0 6 0
5 0 0 5 0
Total 100 0 GRAND TOTALS 100

PO Box 1178
Corona, CA 92880
T 951-268-6268 F 951-268-6267
City of Palm Springs
Radar Speed Survey
Northbound Southbound
Radar Survey Conducted By:

Counts Unlimited, Inc.
5/2/24
Item 3A - Page 43

City of Palm Springs
Kirk Douglas Way
S/ Alaska Airlines Terminal
24 Hour Directional Volume Count

PLS003
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Start 5/2/2024 Northbound Hour Totals Hour Totals Combined Totals Time Thu Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon 12:00 3 122 0 0
12:15 1 100 0 0
12:30 0 115 0 0
12:45 1 126 5 463 0 0 0 0 5 463
01:00 0 128 0 0
01:15 2 126 0 0
01:30 1 87 0 0
01:45 3 83 6 424 0 0 0 0 6 424
02:00 1 77 0 0
02:15 0 103 0 0
02:30 1 97 0 0
02:45 1 97 3 374 0 0 0 0 3 374
03:00 3 138 0 0
03:15 5 104 0 0
03:30 8 152 0 0
03:45 21 127 37 521 0 0 0 0 37 521
04:00 26 128 0 0
04:15 46 104 0 0
04:30 31 154 0 0
04:45 45 166 148 552 0 0 0 0 148 552
05:00 54 108 0 0
05:15 48 70 0 0
05:30 54 68 0 0
05:45 56 104 212 350 0 0 0 0 212 350
06:00 46 116 0 0
06:15 32 78 0 0
06:30 40 32 0 0
06:45 30 24 148 250 0 0 0 0 148 250
07:00 30 22 0 0
07:15 25 11 0 0
07:30 32 37 0 0
07:45 45 25 132 95 0 0 0 0 132 95
08:00 46 10 0 0
08:15 60 15 0 0
08:30 76 60 0 0
08:45 96 71 278 156 0 0 0 0 278 156
09:00 132 124 0 0
09:15 142 99 0 0
09:30 120 61 0 0
09:45 150 68 544 352 0 0 0 0 544 352
10:00 144 72 0 0
10:15 142 44 0 0
10:30 92 10 0 0
10:45 110 10 488 136 0 0 0 0 488 136
11:00 126 12 0 0
11:15 140 10 0 0
11:30 114 1 0 0
11:45 143 6 523 29 0 0 0 0 523 29
Total 2524 3702 2524 3702 0 0 0 0 2524 3702
Combined
Total 6226 6226 0 0 6226
AM Peak - 09:15 - - - - - - - - -
Vol. - 556 - - - - - - - - -
P.H.F. 0.927
PM Peak - - 04:00 - - - - - - - -
Vol. - - 552 - - - - - - - -
P.H.F. 0.831

Percentag
e 40.5% 59.5% 0.0% 0.0%
ADT/AADT ADT 6,226 AADT 6,226
Item 3A - Page 44
4 STREET CERTIFICATION DATE:

FROM TO

SPEED FACTORS
5/2/2024 20 MPH
24 Hour
25 MPH
31 MPH
21 - 30

69.2% 30 MPH
1,261

COLLISION HISTORY
3 0

0.00 1.06

TRAFFIC FACTORS
Average Daily Traffic 1,261
Number of Lanes 1 lane, each direction. Undivided.

Type of Traffic Control None
Crosswalks? None
Pedestrian Traffic None
Truck Traffic None
On-Street Parking None
Sidewalks? None
Driveways? None

ROADWAY FACTORS
Length of Segment 917'
Width 28' - 46'
Vertical Curve No
Horizontal Curve Yes
Visibility Clear
Roadway Conditions Good
Lighting Yes, south and north side.

Adjacent Land Use Parking / Vacant Land
Field Study By KHA Checked By KHA
CERTIFICATION: I Jean Fares do hereby certify that this Engineering and Traffic Survey within the City of Palm Springs was performed under my supervision and is accurate and complete. I certify that City staff is experienced in performing surveys of this type. I am duly registered in the State of California as a Professional Engineer (Traffic).
7/10/2024 TR2097
Jean Fares Date State Registration Number

ENGINEERING AND TRAFFIC SURVEY
Time of Speed Survey
85th Percentile Speed
10 mph Pace Speed
Posted Speed Limit
Number of Survey Samples
5/2/2024

CITY OF PALM SPRINGS
E Baristo Road
Kirk Douglas Way Kirk Douglas Way
85th percentile speed
Date of Speed Survey
50th Percentile Speed (Mean Speed)
Speed Justification
Recommended Speed Limit
Date Counted
Number of Years Studied
Total Collisions
Collision Rate (ACC/MVM)
Expected Collisions (ACC/MVM)
Percentage of Vehicles in Pace
Item 3A - Page 45

City of Palm Springs
Baristo Road
B/ Kirk Douglas Way - Kirk Douglas Way
24 Hour Directional Speed Survey

PLS007
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Eastbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
05/02/24 0 1 0 1 0 0 0 0 0 0 0 0 0 0 2
01:00 0 2 1 0 0 0 0 0 0 0 0 0 0 0 3
02:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1
03:00 0 0 5 8 1 0 0 0 0 0 0 0 0 0 14
04:00 0 0 7 7 0 0 0 0 0 0 0 0 0 0 14
05:00 0 5 5 7 1 0 0 0 0 0 0 0 0 0 18
06:00 1 4 9 8 0 0 0 0 0 0 0 0 0 0 22
07:00 0 1 19 31 2 0 0 0 0 0 0 0 0 0 53
08:00 1 7 25 21 1 0 0 0 0 0 0 0 0 0 55
09:00 2 5 16 15 5 0 0 0 0 0 0 0 0 0 43
10:00 1 2 13 11 3 0 0 0 0 0 0 0 0 0 30
11:00 4 3 11 9 3 0 0 0 0 0 0 0 0 0 30
12 PM 3 8 17 17 11 0 0 0 0 0 0 0 0 0 56
13:00 0 4 15 26 11 2 0 0 0 0 0 0 0 0 58
14:00 0 5 17 22 7 0 0 0 0 0 0 0 0 0 51
15:00 0 5 20 25 21 0 0 0 0 0 0 0 0 0 71
16:00 1 6 21 25 8 1 0 0 0 0 0 0 0 0 62
17:00 0 4 18 28 9 0 0 0 0 0 0 0 0 0 59
18:00 0 1 11 34 4 0 0 1 0 0 0 0 0 0 51
19:00 2 5 4 10 4 0 0 0 0 0 0 0 0 0 25
20:00 0 8 16 11 0 1 0 0 0 0 0 0 0 0 36
21:00 1 4 22 16 5 0 0 0 0 0 0 0 0 0 48
22:00 0 4 12 14 5 0 0 0 0 0 0 0 0 0 35
23:00 0 4 5 3 1 0 0 0 0 0 0 0 0 0 13
Total 16 88 289 350 102 4 0 1 0 0 0 0 0 0 850

Daily 15th Percentile : 20 MPH
50th Percentile : 25 MPH
85th Percentile : 29 MPH
95th Percentile : 33 MPH

Statistics Mean Speed(Average) : 26 MPH
10 MPH Pace Speed : 21-30 MPH
Number in Pace : 639
Percent in Pace : 75.2%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
Item 3A - Page 46

City of Palm Springs
Baristo Road
B/ Kirk Douglas Way - Kirk Douglas Way
24 Hour Directional Speed Survey

PLS007
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
05/02/24 0 0 1 4 3 1 0 0 0 0 0 0 0 0 9
01:00 0 2 2 1 0 0 0 0 0 0 0 0 0 0 5
02:00 0 0 1 1 1 0 0 0 0 0 0 0 0 0 3
03:00 0 0 0 0 2 0 0 0 0 0 0 0 0 0 2
04:00 0 0 0 1 1 0 0 0 0 0 0 0 0 0 2
05:00 1 1 0 4 0 0 0 0 0 0 0 0 0 0 6
06:00 0 0 3 4 2 1 0 0 0 0 0 0 0 0 10
07:00 0 2 3 7 2 0 0 0 0 0 0 0 0 0 14
08:00 0 2 5 4 1 1 1 0 0 0 0 0 0 0 14
09:00 0 2 17 17 7 1 0 0 0 0 0 0 0 0 44
10:00 0 3 7 14 9 10 2 0 0 0 0 0 0 0 45
11:00 3 2 2 8 14 3 0 0 0 0 0 0 0 0 32
12 PM 0 4 10 7 7 2 0 0 0 0 0 0 0 0 30
13:00 0 4 5 12 4 1 0 0 0 0 0 0 0 0 26
14:00 1 0 8 9 8 0 0 0 0 0 0 0 0 0 26
15:00 0 3 7 12 6 0 0 0 0 0 0 0 0 0 28
16:00 1 5 4 8 12 1 0 0 0 0 0 0 0 0 31
17:00 0 3 2 6 8 0 0 0 0 0 0 0 0 0 19
18:00 0 1 1 5 4 2 0 0 0 0 0 0 0 0 13
19:00 1 4 2 7 1 0 0 0 0 0 0 0 0 0 15
20:00 0 3 1 9 1 0 0 0 0 0 0 0 0 0 14
21:00 0 2 3 3 3 0 0 0 0 0 0 0 0 0 11
22:00 0 0 2 2 2 1 0 0 0 0 0 0 0 0 7
23:00 0 2 2 1 0 0 0 0 0 0 0 0 0 0 5
Total 7 45 88 146 98 24 3 0 0 0 0 0 0 0 411

Daily 15th Percentile : 20 MPH
50th Percentile : 27 MPH
85th Percentile : 33 MPH
95th Percentile : 36 MPH

Statistics Mean Speed(Average) : 27 MPH
10 MPH Pace Speed : 26-35 MPH
Number in Pace : 244
Percent in Pace : 59.4%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
Item 3A - Page 47

City of Palm Springs
Baristo Road
B/ Kirk Douglas Way - Kirk Douglas Way
24 Hour Directional Speed Survey

PLS007
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Eastbound, Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
05/02/24 0 1 1 5 3 1 0 0 0 0 0 0 0 0 11
01:00 0 4 3 1 0 0 0 0 0 0 0 0 0 0 8
02:00 0 0 1 2 1 0 0 0 0 0 0 0 0 0 4
03:00 0 0 5 8 3 0 0 0 0 0 0 0 0 0 16
04:00 0 0 7 8 1 0 0 0 0 0 0 0 0 0 16
05:00 1 6 5 11 1 0 0 0 0 0 0 0 0 0 24
06:00 1 4 12 12 2 1 0 0 0 0 0 0 0 0 32
07:00 0 3 22 38 4 0 0 0 0 0 0 0 0 0 67
08:00 1 9 30 25 2 1 1 0 0 0 0 0 0 0 69
09:00 2 7 33 32 12 1 0 0 0 0 0 0 0 0 87
10:00 1 5 20 25 12 10 2 0 0 0 0 0 0 0 75
11:00 7 5 13 17 17 3 0 0 0 0 0 0 0 0 62
12 PM 3 12 27 24 18 2 0 0 0 0 0 0 0 0 86
13:00 0 8 20 38 15 3 0 0 0 0 0 0 0 0 84
14:00 1 5 25 31 15 0 0 0 0 0 0 0 0 0 77
15:00 0 8 27 37 27 0 0 0 0 0 0 0 0 0 99
16:00 2 11 25 33 20 2 0 0 0 0 0 0 0 0 93
17:00 0 7 20 34 17 0 0 0 0 0 0 0 0 0 78
18:00 0 2 12 39 8 2 0 1 0 0 0 0 0 0 64
19:00 3 9 6 17 5 0 0 0 0 0 0 0 0 0 40
20:00 0 11 17 20 1 1 0 0 0 0 0 0 0 0 50
21:00 1 6 25 19 8 0 0 0 0 0 0 0 0 0 59
22:00 0 4 14 16 7 1 0 0 0 0 0 0 0 0 42
23:00 0 6 7 4 1 0 0 0 0 0 0 0 0 0 18
Total 23 133 377 496 200 28 3 1 0 0 0 0 0 0 1261

Daily 15th Percentile : 20 MPH
50th Percentile : 25 MPH
85th Percentile : 31 MPH
95th Percentile : 34 MPH

Statistics Mean Speed(Average) : 26 MPH
10 MPH Pace Speed : 21-30 MPH
Number in Pace : 873
Percent in Pace : 69.2%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
Item 3A - Page 48
5 STREET CERTIFICATION DATE:

FROM TO

SPEED FACTORS
5/2/2024 40 MPH
39 MPH
44 MPH
34 - 43

78.0% 40 MPH
100

COLLISION HISTORY
3 1

0.18 1.00

TRAFFIC FACTORS
Average Daily Traffic 11,501
Number of Lanes 2 lane, each direction. Divided.

Type of Traffic Control None
Crosswalks? None
Pedestrian Traffic None
Truck Traffic Minimal
On-Street Parking None
Sidewalks? None
Driveways? Yes, 2 driveways for the Park and Call lot.

ROADWAY FACTORS
Length of Segment 2,329'
Width 70'
Vertical Curve No
Horizontal Curve Yes
Visibility Clear
Roadway Conditions Good
Lighting Yes, south and north side.

Adjacent Land Use Airport / Parking / Vacant Land
Field Study By KHA Checked By KHA
CERTIFICATION: I Jean Fares do hereby certify that this Engineering and Traffic Survey within the City of Palm Springs was performed under my supervision and is accurate and complete. I certify that City staff is experienced in performing surveys of this type. I am duly registered in the State of California as a Professional Engineer (Traffic).
7/10/2024 TR2097
Jean Fares Date State Registration Number
Number of Survey Samples
Posted Speed Limit
Speed Justification
Recommended Speed Limit
Date Counted
Number of Years Studied
Total Collisions
Collision Rate (ACC/MVM)
Expected Collisions (ACC/MVM)
10:00 - 10:20 AM
Date of Speed Survey
Time of Speed Survey
50th Percentile Speed (Mean Speed)
85th Percentile Speed
10 mph Pace Speed
Percentage of Vehicles in Pace
5/2/2024

CITY OF PALM SPRINGS
Kirk Douglas Way
E Baristo Road Airport Center Drive
85th percentile speed. Rounding down to the nearest 5
MPH incremment based off the 2014 California MUTCD
Section 2B.13, Standard 12a Option 2.

ENGINEERING AND TRAFFIC SURVEY
Item 3A - Page 49
MPH Vehicles Surveyed TOT.

Speed EB WB VEH. Location: Kirk Douglas Way
55 0 0 55 0
54 0 0 54 0
53 0 0 53 0 Between: E/ - Baristo Road
52 0 0 52 0
51 0 0 51 0
50 0 0 50 0 Weather: Clear
49 0 0 49 0
48 1 1 48 X X 2
47 1 1 47 X X 2 Date:
46 2 0 46 X X 2
45 2 1 45 X X X 3
44 5 1 44 X X X X X X 6 Time
43 3 4 43 X X X X X X X 7 * From: 10:00
42 5 3 42 X X X X X X X X 8 *
41 5 2 41 X X X X X X X 7 * Time
40 3 3 40 X X X X X X 6 P To: 10:20
39 4 5 39 X X X X X X X X X 9 A
38 6 7 38 X X X X X X X X X X X X X 13 C Existing
37 4 5 37 X X X X X X X X X 9 E Speed Limit: 40 MPH
36 3 3 36 X X X X X X 6 *
35 2 2 35 X X X X 4 *
34 3 6 34 X X X X X X X X X 9 *
33 0 1 33 X 1
32 1 0 32 X 1
31 0 1 31 X 1 Eastbound Westbound Combined Statistics
30 0 1 30 X 1 % Over Pace: 8% 8% 15%
29 0 1 29 X 1
28 0 2 28 X X 2 % In Pace: 80% 80% 78%
27 0 0 27 0
26 0 0 26 0 % Under Pace: 12% 12% 7%
25 0 0 25 0
24 0 0 24 0 Average Speed: 40 MPH 38 MPH 39 MPH
23 0 0 23 0
22 0 0 22 0 Pace Speed: 36 - 45 MPH 34 - 43 MPH 34 - 43 MPH 21 0 0 21 0
20 0 0 20 0
19 0 0 19 0 15th Percentile / Critical Speed: 36 MPH 34 MPH 34 MPH 18 0 0 18 0
17 0 0 17 0 50th Percentile / Critical Speed: 40 MPH 38 MPH 39 MPH 16 0 0 16 0
15 0 0 15 0 85th Percentile / Critical Speed: 44 MPH 43 MPH 44 MPH 14 0 0 14 0
13 0 0 13 0
12 0 0 12 0
11 0 0 11 0
10 0 0 10 0
9 0 0 9 0
8 0 0 8 0
7 0 0 7 0
6 0 0 6 0
5 0 0 5 0
Total 50 50 GRAND TOTALS 100

Corona, CA 92880
T 951-268-6268 F 951-268-6267
Eastbound Westbound
City of Palm Springs
Radar Speed Survey
Radar Survey Conducted By:

Counts Unlimited, Inc.

PO Box 1178
5/2/24
Item 3A - Page 50

City of Palm Springs
Kirk Douglas Way
E/ Park and Call Lot
24 Hour Directional Volume Count

PLS005
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Start 5/2/2024 Eastbound Hour Totals Westbound Hour Totals Combined Totals Time Thu Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon 12:00 17 130 5 87
12:15 9 128 1 82
12:30 6 116 1 90
12:45 2 119 34 493 0 76 7 335 41 828
01:00 1 126 0 83
01:15 0 152 0 64
01:30 6 124 0 57
01:45 4 104 11 506 2 76 2 280 13 786
02:00 4 128 0 50
02:15 4 126 0 73
02:30 0 120 0 68
02:45 3 158 11 532 3 73 3 264 14 796
03:00 2 158 7 80
03:15 5 121 9 71
03:30 0 136 9 84
03:45 6 172 13 587 26 76 51 311 64 898
04:00 9 182 23 90
04:15 17 134 54 97
04:30 18 138 46 94
04:45 28 120 72 574 46 59 169 340 241 914
05:00 23 204 40 47
05:15 24 144 46 50
05:30 27 106 58 48
05:45 38 95 112 549 44 58 188 203 300 752
06:00 30 100 47 52
06:15 36 104 40 41
06:30 38 59 38 30
06:45 30 64 134 327 36 11 161 134 295 461
07:00 34 68 29 28
07:15 52 41 30 22
07:30 74 50 42 13
07:45 94 69 254 228 38 13 139 76 393 304
08:00 90 46 50 16
08:15 103 36 56 22
08:30 112 49 75 36
08:45 121 64 426 195 94 40 275 114 701 309
09:00 118 65 126 43
09:15 100 83 106 32
09:30 125 70 101 33
09:45 126 67 469 285 102 35 435 143 904 428
10:00 120 59 88 33
10:15 109 76 82 31
10:30 110 47 72 12
10:45 130 32 469 214 92 12 334 88 803 302
11:00 110 20 92 7
11:15 119 24 100 8
11:30 106 18 105 1
11:45 126 10 461 72 102 6 399 22 860 94
Total 2466 4562 2466 4562 2163 2310 2163 2310 4629 6872 Combined
Total 7028 7028 4473 4473 11501
AM Peak - 09:30 - - - 09:00 - - - - -
Vol. - 480 - - - 435 - - - - -
P.H.F. 0.952 0.863
PM Peak - - 03:45 - - - 03:45 - - - -
Vol. - - 626 - - - 357 - - - -
P.H.F. 0.860 0.920

Percentag
e 35.1% 64.9% 48.4% 51.6%
ADT/AADT ADT 11,501 AADT 11,501
Item 3A - Page 51
6 STREET CERTIFICATION DATE:

FROM TO

SPEED FACTORS
5/2/2024 40 MPH
36 MPH
39 MPH
31 - 40

91.0% 40 MPH
100

COLLISION HISTORY
3 0

0.00 1.00

TRAFFIC FACTORS
Average Daily Traffic 11,877
Number of Lanes 2 lane, each direction. Divided.

Type of Traffic Control None
Crosswalks? At Kirk Douglas Way & Ramon Road.

Pedestrian Traffic None
Truck Traffic Minimal
On-Street Parking None
Sidewalks? None
Driveways? None

ROADWAY FACTORS
Length of Segment 1,198'
Width 70'
Vertical Curve No
Horizontal Curve Yes
Visibility Clear
Roadway Conditions Good
Lighting Yes, south and north side.

Adjacent Land Use Airport / Vacant Land
Field Study By KHA Checked By KHA
CERTIFICATION: I Jean Fares do hereby certify that this Engineering and Traffic Survey within the City of Palm Springs was performed under my supervision and is accurate and complete. I certify that City staff is experienced in performing surveys of this type. I am duly registered in the State of California as a Professional Engineer (Traffic).
7/10/2024 TR2097
Jean Fares Date State Registration Number
Number of Survey Samples
Posted Speed Limit
Speed Justification
Recommended Speed Limit
Date Counted
Number of Years Studied
Total Collisions
Collision Rate (ACC/MVM)
Expected Collisions (ACC/MVM)
9:40 - 10:00 AM
Date of Speed Survey
Time of Speed Survey
50th Percentile Speed (Mean Speed)
85th Percentile Speed
10 mph Pace Speed
Percentage of Vehicles in Pace
5/2/2024

CITY OF PALM SPRINGS
Kirk Douglas Way
Airport Center Drive Ramon Road
85th percentile speed

ENGINEERING AND TRAFFIC SURVEY
Item 3A - Page 52
MPH Vehicles Surveyed TOT.

Speed EB WB VEH. Location: Kirk Douglas Way
55 0 0 55 0
54 0 0 54 0
53 0 0 53 0 Between: E/ Airport Center Drive
52 0 0 52 0
51 0 0 51 0
50 0 0 50 0 Weather: Clear
49 0 0 49 0
48 0 0 48 0
47 0 0 47 0 Date:
46 0 0 46 0
45 2 0 45 X X 2
44 0 0 44 0 Time
43 1 1 43 X X 2 From: 9:40
42 2 0 42 X X 2
41 0 2 41 X X 2 Time
40 2 3 40 X X X X X 5 * To: 10:00
39 2 4 39 X X X X X X 6 *
38 5 7 38 X X X X X X X X X X X X 12 * Existing
37 11 4 37 X X X X X X X X X X X X X X X 15 P Speed Limit: 40 MPH 36 2 4 36 X X X X X X 6 A
35 11 6 35 X X X X X X X X X X X X X X X X X 17 C
34 4 7 34 X X X X X X X X X X X 11 E
33 6 5 33 X X X X X X X X X X X 11 *
32 1 3 32 X X X X 4 *
31 1 3 31 X X X X 4 * Eastbound Westbound Combined Statistics 30 0 0 30 0 % Over Pace: 6% 6% 8%
29 0 1 29 X 1
28 0 0 28 0 % In Pace: 90% 92% 91%
27 0 0 27 0
26 0 0 26 0 % Under Pace: 4% 2% 1%
25 0 0 25 0
24 0 0 24 0 Average Speed: 37 MPH 36 MPH 36 MPH
23 0 0 23 0
22 0 0 22 0 Pace Speed: 33 - 42 MPH 31 - 40 MPH 31 - 40 MPH 21 0 0 21 0
20 0 0 20 0
19 0 0 19 0 15th Percentile / Critical Speed: 33 MPH 33 MPH 33 MPH 18 0 0 18 0
17 0 0 17 0 50th Percentile / Critical Speed: 37 MPH 35 MPH 36 MPH 16 0 0 16 0
15 0 0 15 0 85th Percentile / Critical Speed: 39 MPH 39 MPH 39 MPH 14 0 0 14 0
13 0 0 13 0
12 0 0 12 0
11 0 0 11 0
10 0 0 10 0
9 0 0 9 0
8 0 0 8 0
7 0 0 7 0
6 0 0 6 0
5 0 0 5 0
Total 50 50 GRAND TOTALS 100

Corona, CA 92880
T 951-268-6268 F 951-268-6267
Eastbound Westbound
City of Palm Springs
Radar Speed Survey
Radar Survey Conducted By:

Counts Unlimited, Inc.

PO Box 1178
5/2/24
Item 3A - Page 53

City of Palm Springs
Kirk Douglas Way
E/ Airport Center Drive
24 Hour Directional Volume Count

PLS006
Site Code: 108-24396

Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: [email protected]

Start 5/2/2024 Eastbound Hour Totals Westbound Hour Totals Combined Totals Time Thu Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon 12:00 20 122 6 96
12:15 12 126 2 86
12:30 6 117 2 93
12:45 7 107 45 472 1 80 11 355 56 827
01:00 2 123 0 82
01:15 1 163 2 70
01:30 8 120 1 62
01:45 5 102 16 508 1 79 4 293 20 801
02:00 4 122 1 49
02:15 5 116 1 79
02:30 2 114 2 74
02:45 1 150 12 502 2 73 6 275 18 777
03:00 1 158 7 78
03:15 4 124 7 81
03:30 0 134 10 92
03:45 6 160 11 576 28 80 52 331 63 907
04:00 7 172 24 98
04:15 16 132 52 116
04:30 12 133 45 91
04:45 23 116 58 553 55 71 176 376 234 929
05:00 20 186 38 56
05:15 22 152 52 59
05:30 30 112 60 58
05:45 39 98 111 548 56 60 206 233 317 781
06:00 29 104 44 54
06:15 31 112 46 44
06:30 40 65 44 40
06:45 31 67 131 348 40 18 174 156 305 504
07:00 34 74 32 30
07:15 51 52 44 30
07:30 70 51 52 21
07:45 93 70 248 247 52 18 180 99 428 346
08:00 80 43 60 32
08:15 97 33 66 30
08:30 102 56 90 40
08:45 114 65 393 197 118 48 334 150 727 347
09:00 116 68 130 45
09:15 98 87 108 36
09:30 124 75 107 36
09:45 130 66 468 296 119 46 464 163 932 459
10:00 126 60 90 30
10:15 107 81 88 32
10:30 108 55 72 16
10:45 119 30 460 226 76 14 326 92 786 318
11:00 111 22 92 11
11:15 124 29 110 8
11:30 107 20 104 3
11:45 114 15 456 86 111 14 417 36 873 122
Total 2409 4559 2409 4559 2350 2559 2350 2559 4759 7118 Combined
Total 6968 6968 4909 4909 11877
AM Peak - 09:30 - - - 09:00 - - - - -
Vol. - 487 - - - 464 - - - - -
P.H.F. 0.937 0.892
PM Peak - - 03:30 - - - 03:30 - - - -
Vol. - - 598 - - - 386 - - - -
P.H.F. 0.869 0.832

Percentag
e 34.6% 65.4% 47.9% 52.1%
ADT/AADT ADT 11,877 AADT 11,877
Item 3A - Page 54
APPENDIX C – ENGINEERING AND TRAFFIC SUMMARY SHEET

Item 3A - Page 55
1 US Customs and Border
Protection - Palm Springs
Port of Entry
El Cielo Road East End 5/2/2024 E/W 23 29 0.14 1,834 - 0 1.06 N/P NO 25 25 mph prima facie speed limit per CVC Section 22352(b)(1)
2 Kirk Douglas Way Arenas Road E Tahquitz Canyon Way 5/2/2024 S 31 35 0.17 7,452 - 0 1.06 20 INCREASE 35 85th percentile speed 3 Kirk Douglas Way 5/2/2024 N 22 27 0.29 6,226 - 0 1.00 20 INCREASE 25 85th percentile speed 4 E Baristo Road Kirk Douglas Way Kirk Douglas Way 5/2/2024 E/W 25 31 0.17 1,261 - 0 1.06 20 INCREASE 30 85th percentile speed 5 Kirk Douglas Way E Baristo Road Airport Center Drive 5/2/2024 E/W 39 44 0.44 11,501 0.18 1 1.00 40 NO 40 85th percentile speed 6 Kirk Douglas Way Airport Center Drive Ramon Road 5/2/2024 E/W 36 39 0.23 11,877 - 0 1.00 40 NO 40 85th percentile speed Palm Springs International Airport Arrivals/Departures
New Speed
Limit (MPH)Limit ChangeCollision Rate Total
Collisions
Expected
Coll. Rate
City of Palm Springs
2024 Speed Survey Summary
Existing
Posted Speed
Limit (MPH)
No. of Location Location Name Segment Start Segment End Speed Survey Date Direction Length
(mi) ADT Justification
50th %ile
Speed
(mph)
85th %ile
Speed
(mph)
Item 3A - Page 56
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/i255
/1 /2 /2 /3 /4 /5/6/7/8 /2 /i255 /9 /i255
Item 3A - Page 57
ORDINANCE NO. ____
A

N ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 12.20.030 OF THE PALM

SPRINGS MUNICIPAL CODE, RELATING TO THE

ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS AT

THE PALM SPRINGS INTERNATIONAL AIRPORT
City Attorney’s Summary
T
his Ordinance establishes prima facie speed limits in
accordance with the California Vehicle Code.

W
HEREAS, California Vehicle Code (CVC) Section 22357(a) states that whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey; and W
HEREAS, California Vehicle Code Section 22358 states that whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 35, 30, 25, 20, or 15 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street; and
W
HEREAS, on August 1, 2024, an engineering and traffic survey was prepared by Kimley Horn and Associates, Inc., both at the direction and under the supervision of the City Engineer of the City of Palm Springs for an Airport engineering and traffic survey.

T

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

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

Item 3A - Page 58
Ordinance No. _____

SECTION 2. Code Amendment. The text of Chapter 12.20 is hereby amended to add Section 12.20.030, titled “Palm Springs International Airport prima facie speed limits established” and shall read as follows:

“12.20.030 Palm Springs International Airport prima facie speed limits established.

In accordance with California Vehicle Code Sections 22357 and 22358, it is determined, based upon an engineering and traffic survey dated August 1, 2024, prepared by Kimley Horn and Associates, Inc. at the direction and under the supervision of the City Engineer of the City of Palm Springs, that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon the City streets so designated herein otherwise subject to a prima facie limit of 25 miles per hour; and, as the case may be, that the limit of 65 miles per hour is more than is reasonable or safe upon the City streets so designated herein.

It is declared that the prima facie speed limit shall be as herein set forth on the following streets designated in this section, when appropriate signs giving notice thereof are erected upon the street.

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
1 U.S Customs and
Board Protection Entry El Cielo Rd East End 25
2 Kirk Douglas Way E Tahquitz Canyon Way Arena Rd 35
3 Kirk Douglas Way Arrival/Departures –
South End
Arrivals/Departures
– North End 25
4 E Baristo Road Kirk Douglas Way Kirk Douglas Way 30
5 Kirk Douglas Way E Baristo Rd Airport Center Dr 40
6 Kirk Douglas Way Airport Center Dr Ramon Rd 40

In accordance with California Vehicle Code Section 40802(a)(2), the prima facie speed limits established herein shall remain valid for a period of at least five (5) years from the date of the engineering and traffic survey, until August 1, 2029 or as established by any subsequent amendment to the California Vehicle Code.

In accordance with California Vehicle Code Section 40802(c)(1), the prima facie speed limits established herein shall remain valid for a period of seven (7) years from the date of the engineering and traffic survey , until August 1, 2031 or as established by any subsequent amendment to the California Vehicle Code, provided the criteria associated with the arresting officer identified therein Section 40802(c)(1) is satisfied.

In accordance with California Vehicle Code Section 40802(c)(1), the prima facie speed limits established herein shall remain valid for a period of ten (10) years from the date of Item 3A - Page 59
Ordinance No. _____

the engineering and traffic survey, until August 1, 2034 or as established by any subsequent amendment to the California Vehicle Code, provided the criteria associated with the arresting officer identified in Section 40802(c)(1) is satisfied, and the City Engineer evaluates the prima facie speed limit and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume.

SECTION 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage.

SECTION 4. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law.

ADOPTED this 26th day of September 2024.

SCOTT STILES, CITY MANAGER
ATTEST:

BRENDA PREE, CITY CLERK

Item 3A - Page 60
Ordinance No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby certify that Ordinance No. _____ is a full, true and correct copy , and was introduced by the City Council at a regular meeting held on the day of , 202 4 and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 26, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BRENDA PREE, CITY CLERK
City of Palm Springs, California

Item 3A - Page 61

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 26, 2024 BUSINESS & LEGISLATIVE

SUBJECT: DISCUSSION REGARDING CANNABIS TEMPORARY EVENTS

FROM: Scott C. Stiles, City Manager

BY: Department of Special Program Compliance

SUMMARY:

This agenda item provides the City Council with an opportunity to discuss temporary cannabis events and provide direction to staff to draft an ordinance to accept the recommendation of Planning Commission for locations; or, alternatively to repeal Palm Springs Municipal Code Section 5.55.100, Temporary Events.

RECOMMENDATION:

Direct staff as appropriate.

BACKGROUND AND OVERVIEW:

On December 4, 2019, City Council adopted Ordinance 2005 establishing section

5.55.100
, Temporary Cannabis Event Permit. At the time of adoption, City staff proposed the Palm Springs Convention Center for said events; however, due to the Agua Caliente Band of Cahuilla Indians
prohibition of commercial cannabis activity on trust lands of the tribe and its members, the Palm Springs Convention Center is not a feasible location.

Identifying alternate locations was placed on hold during the COVID pandemic. Since the adoption of Ordinance 2005 there have been two inquiries requesting to host cannabis temporary events.

Staff engaged a nine-person workgroup to assist in identification of potential locations for temporary cannabis events. The workgroup consisted of local cannabis professionals. The group was asked to make recommendations and note the pros and cons of implementing them. They made numerous recommendations noting the advantages of implementing them without identifying any disadvantages.

Under California Business and Professions Code Section 26200(e), which became effective January 1, 2019, the City may permit temporary cannabis events at locations designated by the City, where participants who are 21 years of age or older may sell and Item 3B - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Cannabis Temporary Events

consume cannabis. An event would likely take place outdoors and in the form of a festival or expo where vendors would sell cannabis and cannabis products, and eventgoers could smoke or otherwise consume cannabis.

To hold this type of event, an event organizer must obtain a State Cannabis Event Organizer (Type 14) license and a State Temporary Cannabis Event license.

The State requires local approval of a proposed cannabis event prior to issuing a Temporary Cannabis Event license. Consequently, if the City Council wishes to permit Temporary Cannabis Events in the City, then the City Council must implement a process through which a cannabis event application can be evaluated and approved.

Types of Cannabis Events:

Types of cannabis events could include the following:

• Cannabis Conferences: Cannabis conferences are organized with the intention of bringing together individuals for a common purpose, revolving around cannabis.

They provide an opportunity for attendees to expand their cannabis knowledge through presentations from industry leaders, investors, doctors, patients, and those at the forefront of innovation. They also offer insights into legislative developments and shed light on changes anticipated in the future. These conferences may include the sale and consumption of product.

• Cannabis Conventions: Cannabis conventions are resource hubs for the rapidly expanding cannabis industry. These are events where businesses, entrepreneurs, investors, educators, patients, advocates, and consumers can all connect, learn, and grow. They are focused on local market needs of wherever they are held, but also tie those needs into the industry at large. These conventions may include the sale and consumption of product.

• Cannabis Expositions and Trade Shows: Cannabis expositions and trade shows are public exhibitions which operate as a microcosm of the activities taking place in the cannabis market. They tend to offer an array of activities for an engaging experience.

They also feature an inherent dynamism. This is created by the presence of interactive exhibits, workshops, and showcasing of innovative technology by various vendors, and the wide variety of participants from different industries. These expositions and trade shows may include sale and consumption of product.

• Cannabis Festivals: Festivals revolving around cannabis, focus on music, advocacy, education, activism, and having fun with a focus on consuming product.

Special Program Compliance presented to the Planning Commission a list of proposed locations compiled by the workgroup. This list included City Parks, the ability to close Item 3B - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
Cannabis Temporary Events

streets for pop- up events, specified street closures in and near the Central Business District, and estate homes and hotels.

At the direction of the Planning Commission, staff investigated alternate locations to host cannabis temporary events. This proved rather challenging as there are limited locations that are feasible to host said events. Staff confirmed with the Department of Cannabis Control that premises that are licensed for the sale of alcohol and tobacco are not eligible to host cannabis events ( Attachment A). Additionally, the smoking restrictions found in Palm Springs Municipal Code Section 6.10
prohibits the smoking of tobacco, or any other
weed or plant, in certain areas which are used by and open to the public ; smoking is prohibited and is unlawful within any park. Additionally, you cannot consume or possess cannabis on federal lands.

FINDINGS AND ALTERNATIVES:

At the direction of the Planning Commission, staff investigated alternate locations to host cannabis events. The locations included City owned lots and facilities. Staff identified a total of three potential locations (Attachment B):

• Visitor’s Center 2901 N. Palm Canyon Drive
• Amtrak Train Station 1 Train Station Road
• Vacant City Lots (1503 and 1504 Gene Autry)
APN 680-02-0039 and 680-02-0036

Planning Commission reviewed the proposed locations and made the following recommendations:

1. Recommendation for temporary cannabis events, to be evaluated in one-year; the current municipal code regarding temporary events would remain in place

1. 2. Recommended potential locations: vacant city owned lots on Gene Autry, and the Amtrak Station.

ENVIRONMENTAL ASSESSMENT
:

Amendments to the PSMC to establish a process for permitting cannabis events are exempt from California Environmental Quality Act (CEQA) review pursuant to Section 15061(b)(3) (the “common sense exemption”) because it can be seen with certainty that there is no possibility the activity in question will have a significant effect on the environment as the events in question are temporary in nature and will only take place in specified locations.

1 Planning Commission recommends that after one-year, evaluating the temporary events to determine if changes should be made.

Item 3B - Page 3
City Council Staff Report
September 26, 2024 -- Page 4
Cannabis Temporary Events

FISCAL IMPACT:

Allowing cannabis temporary events to take place at the recommend locations would generate additional tax revenue based on the cannabis business operations tax.

Additionally, such events may generate Transit Occupancy Taxes and other associated tourism revenue, such as gas tax and sales tax revenue.

REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Department of Cannabis Control Email dated 06/06/2024 B. Aerial Maps of Locations
C. Temporary Cannabis Event Application
D. Workgroup Biographies
E. California Temporary Event Comparison Chart
F. Department of Cannabis Control Cannabis Event Information Flyer

Item 3B - Page 4
ATTACHMENT “A”
ATTACHMENT “A”
Item 3B - Page 5
Item 3B - Page 6
Veronica Goedhart
From:

Sent:

To:
lnfo@Cannabis <[email protected]>
Thursday, June 6, 2024 2:53 PM
Veronica Goedhart; lnfo@Cannabis
Subject: RE: Temporary Cannabis Event Law Question
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.

Good afternoon -
Yes, that is correct. DCC regulations can be viewed in their entirety on our website at DCC regulations - Department of Cannabis Control.
§15601. Temporary Cannabis Event Requirements.
(f) A temporary cannabis event license shall not be issued for a premises that is licensed for the sale ·of alcohol or tobacco
Thank you,
Jason J_aughlin
Associate Governmental Program Analyst
Customer Service Staff
844-61-CA-DCC (844-612-2322)
[email protected]
www.cannabis.ca.gov
@)
Department of
Cannabis Control

CALIFORNIA
From: Veronica Goedhart <[email protected]> Sent: Thursday, June 6, 202410:16 AM
To: lnfo@Cannabis <[email protected]>
Subject: Temporary Cannabis Event Law Question
[EXTERNAL]: [email protected]
CAUTION: THIS EMAIL ORIGINATED OUTSIDE THE DEPARTMENT OF CANNABIS CONTROL! DO NOT: click links or open attachments unless you know the content is safe.

NEVER: provide credentials on websites via a clicked link in an Email.

Good Morning -
1 Item 3B - Page 7
I'm hoping you can assist with a question.

Section 15601 (f) A temporary cannabis event license shall not be issued for a premises that is licensed for the sale of alcohol or cannabis.

Would this prohibit a venue, such as a hotel or waterpark that is licensed to sell alcohol from being used for a cannabis event?
Any information/a ssistance you can prov ide is greatly appreciated .

Thank you,
Veronica E. Goedhart
Director, Depa rtm ent of Special Program Compliance
425 North Civic Drive
Palm Springs, California 92262
Office - 760-322-8370 I Ext. 8370
CONFIDENTIAL COMMUNICATION· This message 1s for the sole use of the intended rec1p1ents and may contain confidential material. legally privileged information . and/or information exempt from disclosure under applicable law Any unauthorized review. use, disclosure or distribution is prohibited If you have received this e-mail in error, please so notify the sender by reply email and destroy all copies of the original 2 ATTACHMENT “B”
ATTACHMENT “B”
Item 3B - Page 8
Item 3B - Page 9
6/17/2024, 1:19:05 PM
CJ Parcels2023Nov
0 0.01
0 0.01
1:1,128

0.01 0.03

0.03 mi

0.05 km
Source· Esri, Maxar. Earthstar Geographies, and the GIS User Community, Agua Cahente Band of Indians, Cny of R1vers1de, County of Riverside. Esn.

HERE. Garmin. iPC
Item 3B - Page 10
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•
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• r
6/17/2024, 6:02:00AM
D Parcels2023Nov
~, . . . ...
..
\ /
..
l I
1:4,514
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.2 km
County of San Bernardino, Maxar, City of Riverside, County of R1vers1de, Esri, HERE. Garm in. ,PC
Item 3B - Page 11
7§ E MESQUITE-•AVE
111111111111111111111
111111111111111111111
II mltllllllllllllll
II lllllf 1111111111111
6/17/202 4, 5:53:48 AM
~ Parcels202 3Nov
•
..
1:4,514
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.2 km
Agua Caliente Band of Indians , City of Rivers ide, County of R1vers1de, Esn, HERE. Garmin. iPC, Maxar
ATTACHMENT “C”

ATTACHMENT “C”

Item 3B - Page 12
Item 3B - Page 13

CITY OF PALM SPRINGS
Cannabis Special Event
Information and Application
Application No.:

Received:

The City laws for the issuance of Cannabis Special Event permits can be found at Palm Springs Municipal Code 5.55.100. In addition to the laws established by the City of Palm Springs, event operators must also comply with the regulations established by the California Department of Cannabis Control.

DEPARTMENT OF CANNABIS CONTROL EVENT REGULATIONS
Cannabis Event Organizer License

1. Cannabis Events can only be held by a person who has already been issued a cannabis event organizer license by the Department of Cannabis Control.

2. This is an annual license, with fees based on the number of events organized by the licensee per year.

3. The cannabis event organizer is not authorized to cultivate, distribute, manufacture, or sell cannabis or cannabis related products unless the organizer also holds a separate license to engage in such commercial cannabis activities.

State Temporary Cannabis Event License

1. To obtain a temporary cannabis event license, the cannabis event organizer licensee must apply to the Department of Cannabis Control.

2. A temporary cannabis event license will not be issued for more than four (4) consecutive days.

3. Each cannabis event must be issued a separate temporary cannabis event license by the Department of Cannabis Control for the specific date(s) and location of the event.

4. Written approval from the City authorizing on-site cannabis sales and consumption by persons aged 21 and older at the event is required for all temporary cannabis events prior to application to the Department of Cannabis Control.

5. The organizer will be required to provide to the Department of Cannabis Control a list of all licensees providing on-site sales at the event.

Item 3B - Page 14
Cannabis
Event
Sales
and
Consumption

1. All
cannabis
goods
shall
be
transported
to
the
event
site
by
a
licensed
distributor.

2. All
cannabis
goods
must
be
tested
prior
to
retail
sale.

3. Only
a
licensed
retailer
licensed
to
sell
cannabis
goods
to
retail
customers
can
sell
at
a
temporary
cannabis
event.

4. All
cannabis
goods
shall
adhere
to
retailer
requirements
pertaining
to
displays,
exit
packaging,
customer
returns,
daily
sales
limits,
and
free
samples.

5. All
cannabis
goods
sales
or
consumption
at
the
event
must
be
limited
to
persons
21 years
of
age
and
older.

6. Access
to
the
area
where
cannabis
consumption
is
allowed
shall
be
restricted
to
persons
21 years
of
age
and
older
and
shall
not
be
visible
from
any
public
place
or
non-age
restricted
area.

7. Consumption
of
alcohol
or
tobacco
shall
not
be
allowed
on
the
cannabis
event
premises.

8. Payment
to
a
cannabis
event
organizer
may
not
be
determined
based
on,
or
tied
to,
the
sale
of
cannabis
goods.

CITY
OF
PALM

SPRINGS

CANNABIS
EVENT

CONDITIONS

1. The
applicant
shall
submit
a
Special
Event
application
form
to
the
City
of
Palm
Springs
with
all
required
supplemental
information
(as
applicable)
including:
a)
A
copy
of
the
site
plan
detailing
the
layout
of
the
event
according
to
the
submittal
requirements
contained
in
the
application.

The
site
plan
must
depict:
•
Location
of
the
event.
•
All
entrances
and
exits
to
be
used
by
participants
at
the
event.
•
All
cannabis
consumption
areas.
•
All
retail
areas
where
cannabis
goods
will
be
sold.
•
Location
of
cannabis
waste
storage.
•
Location
of
each
licensee
participating
in
the
event.
•
Each
exhibitor
area
must
be
assigned
a
cannabis
event
location
number,
and
the
markings
on
the
diagram
shall
be
in
black-and-white
print.
•
Location
of
emergency
services,
including
ambulances.
•
Path
of
travel
within
designated
premises.
•
Location
and
precise
distance
measurements
from
the
outer
boundary
of
the
event
location
and
any
of
the
following:
school;
public
playground;
public
park;
day
care/childcare
center;
youth
center;
cannabis
dispensary;
cannabis
lounge.
b)
A
copy
of
the
Certificate
of
Liability
insurance
in
the
amount
of
a
minimum
of
$1,000,000,
naming
the
City
as
additional
insured
and
in
accordance
with
the
submittal
requirements
contained
in
the
application.

Item 3B - Page 15
c) A copy of the organizer's Cannabis Event Organizer License issued by the Department of Cannabis Control.
d) A copy of the security plan with a list detailing all Security Guards and their Guard Card License and emergency response and evacuation plan. The security plan must contain information related to:
• How the applicant will secure the premises, limit loitering around entrances and exits, manage potential crowds, control diversion, manage security, and identify appropriate personnel.
• How the Cannabis Event Organizer will ensure the limited access area will not be visible to the public. The area should be clearly identified on the premises diagram and fenced. ·
e) A copy of the traffic management plan that includes management of City sidewalks and public rights-of-way within a ¼ mile radius of the event site. The traffic management plan shall contain a parking plan, and a map of any off-site parking for the event that includes property owner authorization for any off-site parking and information detailing how attendees will get to the event site from the off-site parking area.
f) A copy of the waste management plan including a¼ radius around the event site. The area included in the waste management plan shall be free of debris, litter, or any other evidence of the event within 24 hours of the end of the event.

2. Itinerary of the proposed event, including set up, event activities, and break down of the "l;,Y'l;;.llL.

3. The applicant shall obtain a Temporary Cannabis Event License through the California Department of Cannabis Control and comply with all regulations in Chapter 5 (Cannabis Events) of the California Code of Regulations, Title 16, Division 42.

4. The applicant shall pay all fees to ensure the City obtains full cost recovery for all staff, including Special Program Compliance, Planning, Public Safety, Public Works, and Legal Counsel. To ensure compliance, a code officer with inspection authority will be on-site for all temporary events.

5. The applicant shall notify property and business owners within a 1,500-foot radius of the event, by mail, 14 calendar days prior to said event, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's. Notice is deemed received two days after date of postmark. The list of property owners and tenant addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer, or surveyor license to practice in California. The notice shall state the nature of the event, location of the property (text or diagram), the date, time, and place of the scheduled event.

6. A temporary cannabis event must comply with all Palm Springs Fire Department regulations.

Item 3B - Page 16

7. The applicant must provide a complete list of vendors with proof of licensure 14 days prior to the event date. Only entities that hold a local license may provide onsite sales of cannabis goods at the event. The list must include:
• Copy of all licensees' state licenses and local authorizations. • A list of all employees that will be providing onsite sales of cannabis goods at the temporary event.

8. Access and Equity requirements. Description of how the Cannabis Event Organizer will expand opportunity to a variety of permitted retailers and cannabis business owners:
• For events with an estimated attendance of 500 or fewer: 1 or more retailers required, with one retailer with fewer than ten (10) employees. • For events with an estimated attendance of 501 to 1000: 2 or more retailers required, with one retailer with fewer than ten (10) employees. • For events with an estimated attendance of 1001 people or more: 3 or more retailers required, with one retailer with fewer than ten (10) employees.

Description of how the applicant will work to further the City's equity goals as a part of the temporary cannabis event.

9. A temporary cannabis event shall not commence before 10:00am on any day and shall end no later than 10:00pm on any day. A cannabis event may not run for more than four (4) consecutive days.

10. The applicant shall be responsible for reimbursement costs to the City of Palm Springs for "extraordinary law enforcement services" generated by the event.

11. Cannabis Event Organizers will be responsible for ensuring the event medical plan includes contingencies for cannabis consumption.

12. Certified Emergency Medical Technician required at all events.

13. Dab bars or the act of dabbing is prohibited at all Cannabis Events. Dabbing includes, but is not limited to, the action or practice of inhaling small quantities of concentrated oil, resin, shatter, or wax.

14. If you are selling food at your cannabis event, you will be required to submit a Riverside County Environmental Health Permit.

15. The applicant must sign an acceptance of Terms and Conditions Agreement upon receipt of the permit approval letter.

Additional information may be required. Additional conditions may be imposed by City staff as deemed necessary to preserve the health, safety, and welfare of the event attendees, employees, and the surrounding community. No more than four temporary cannabis events shall be permitted in any 12-month period, and no applicant may apply for more than one temporary cannabis event permit in any 12-month period.

Item 3B - Page 17
section 1 -Identifying Information {to be completed by all applicants):
a. Corporate Name I Business Owner Name
b. "Doing Business As" Name
C. Business Structure (check only one) d. State Cannabis Event Organizer Number
D Corporation (or foreign corporation)  Limited Liability Company (LLC) D Sole Proprietorship D Limited Partnership
D General Partnership D Limited Liability Partnership
D Non-Profit Corporation D Other (specify)
e. BOE Sellers Number I f. State Tax ID g. Federal Tax ID h. Business Owner Name and Name of Business Entity is an entity is owner or partial i. Business Owner Driver's License # / State owner or Passport if no Driver's License
j. Business Physical Site Address (Street number and name, city, state, zip code) k. Business M~iling Address (if different than physical address --Street number and name, city, state, zip code) I. Business Phone Number m. Business Owner Contact Phone Number n. Business Email 0. Business Owner Contact Email
p. Business Web Site address
se-ction 2 ~Sqe§atevvat 1a1°croaJion.

Name of Event:

Event Date(s): I Hours of Proposed Event:

Address of Proposed Event:

Estimated Number of Proposed Attendees:

Primary Point of Contact During the Event
Name:

Email: Phone:

Mailing Address: City/Zip:

Item 3B - Page 18
section a -cannabis Licensee Information:

Please list below all cannabis licensees that will be selling cannabis products at the event, please note only state licensed retailers and microbusinesses authorized to conduct retail can sell cannabis products at temporary events.
• For each licensee, please attach a copy of their current City of Palm Springs business tax license.
• For each licensee, please attach a list of all employees that will be providing cannabis products at the event.
• Any changes to the list of licensees or employees, after submission of the Special Event Permit Application must be submitted to the Special Activity Permits Division at least one week in advance of the event.

Licensee Name License Type State License License Expiration Number Date
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
-For each licensee, please attach a copy of their current City of Palm Springs business tax certificate. -For each licensee, please attach a list of all employees that will be providing cannabis products at the event. - -Any changes to the list of licensees or employees after submission of the Special Event Permit Application For Temporary Cannabis Events must be submitted to the Special Programs Division at least one week in advance of the event.

Item 3B - Page 19
section 4 -Onsite consumption Information, complete the following section if cannabis will be consumed at your event,:

Please attach an Onsite Cannabis Consumption Plan that outline:
• The different forms of onsite consumption that will be allowed. • Where-the-consumption will take place.
• How the Applicant will deter drugged driving.
• How Applicant will ensure cannabis consumption will not be visible from a public place. • How Applicant will ensure no consumption/sale of alcohol and tobacco will take place • Whether any consumption will take place within 1,000 feet of a school, daycare, or youth center. • A completed odor control plan that addresses and minimized the impact to surrounding areas. The plan should clearly demonstrate distance from other businesses, parking lots, and normal walking paths. The event should restrict consumption away from entrances.

OUTDOOR CANNABIS CONSUMPTION IS RESTRICTED TO EDIBLES.

NO OUTDOOR SMOKING OR VAPING
I certify that I am not aware of any violations of any provision of the Palm Springs Municipal Code or California State law related to operation of this commercial Cannabis Special Event.

Dated: Prmt Name:

Signature of Applicant
Item 3B - Page 20
section 2 -certifjcations/Assyrances ang warranties U0 be com p1eteg by all applicants) a. WAIVER AND RELEASE OF LIABILITY AND AGREEMENT TO INDEMNIFY CITY OF PALM SPRINGS The applicant and all owners and operators hereby waive and release "the City of Palm Springs from all liability for monetary damages related to or arising from the application for a renewal license, any pre-licensure background investigation, the issuance of a renewal license, or the enforcement of the conditions of the license. The undersigned certifies that under no circumstances shall the undersigned file any cause of action for monetary damages against the City of Palm Springs, the licensing official or any City employee because of this application to renew a license, or issuance of a renewal license, or enforcement of the conditions of the license. b. Release of City of Palm Springs from Liability to License Applicant and Licensee By applying for a renewal, the applicant/licensee, owners and operators, and each of them, waive and release the City of Palm Springs, and its elected officials, employees, agents, insurers and attorneys, and each of them, from any liability for injuries, damages, costs and expenses of any nature whatsoever that result or relate to the investigation, arrest or prosecution of business owners, operators, employees, clients or customers of the applicant/licensee for a violation of state or federal laws, rules or regulations relating to cannabis, including but not limited to any background investigation associated with licensing determinations. c. Agreement to Indemnify City of Palm Springs
By applying for a renewal pursuant to the City of Palm Springs cannabis program and by accepting a renewal license from the City of Palm Springs, the applicant/licensee, owners and operators, and each of them, jointly and severally if more than one, agree to indemnify, defend and hold harmless the City of Palm Springs, and its elected officials, employees, agents, insurers and attorneys, and each of them, against all liability, claims and demands, of any nature whatsoever, induding, but not limited to, those arising from bodily injury, sickness, disease, death, property loss and property damage, arising out of or in any manner related to the operation of the cannabis business that is the subject of the license. d. The undersigned certifies that any proposed new cannabis business manager and/or anyone proposed to obtain an ownership interest in the business referenced herein represents and certifies they have submitted to a Live Scan background check no earlier than 30 days prior to the date of this application.
e. The applicant represents and certifies that they continue to hold in good standing any license required by the State of California for cannabis business operations.
f. The applicant understands that operators, employees, and members of the cannabis business may be subject to prosecution under federal laws.
g. The person whose signature appears below is authorized to sign this application on behalf of the business and all owners and operators of the business and has submitted this information and all attachments to renew a Palm Springs cannabis license.

AFFIRMATION AND CONSENT
Under penalty of perjury. I hereby declare that the information contained within and submitted with the application is complete, true, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of a license, or revocation of a license issued.

APPLICANT SIGNATURE PRINTED NAME AND TITLE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

County of ____________ _
DATE
On----------~ before me, _________________ (insert name and title of the officer), personally appeared ____________________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
(Seal) Signature: ______________ _
ATTACHMENT “D”

ATTACHMENT “D”

Item 3B - Page 21
Cannabis Temporary Event – Venue Recommendation Workgroup Biographies

Scott Rusczyk : Scott has thirty (30) years of experience in business consulting, management, administration, and operations. Scott is presently, the President of CVCAN (Coachella Valley Cannabis Alliance Network), an organization that provides a responsible and productive voice in the cannabis industry. Although non-practicing, he graduated Brooklyn Law School and became a partner a NYC corporate reorganization and bankruptcy law firm. Thereafter, Scott served as Executive Vice President of an LA based merger & acquisitio n firm specializing in acquiring, improving, and successfully selling companies in a variety of industries. He currently provides business development services for The Caputo Group - a family -owned professional employer organization.

Approaching all such projects from an owner/operator perspective, he is intimately familiar with sourcing and managing staff, financial and administrative matters, as well as operations.

Jurgen Weiss: Jurgen’s career in the cannabis industry started in 2008 at the first legal cannabis facility in Palm Springs, named Cannahelp. Since then , he has worked with multiple cannabis facilities in the Coachella Valley. He has been in the cannabis industry for 16 years. Since day one in his cannabis career, he has always been focused on the highest quality product possible. Some of his best memories come from the cannabis cups and different events that brought everyone in the industry together, for the better.

His experience at all these events could really help with the growth of the cannabis industry in Palm Springs.

Tim Smith: Eventi Productions was founded by Tim Smith after working in the corporate events arena for more than 20 years. Tim has produced several large conferences and tradeshows, such as Oracle OpenWorld, which has upwards of 85,000 attendees.

Through Tim’s real -world experience, he has assembled a tight -knit team with a wide range of knowledge and expertise on all aspects of event production and management.

Julie Montante : Julie has owned three (3) cannabis stores in Palm Springs ; PSA Organica, 420 Lounge and 420 Bank & Lounge. She has been in the cannabis industry for 20 years. She was interested in joining the Special Event Planning group to make sure cannabis gets the respect it should have, as well as the city, to make sure events are ran properly with fair pricing, and to see if we can keep vendors, it in the Coachella Valley so all our business can thrive and join in. She believes the city does a great job in all events that take place and works on all of them.

Nasser Azimi: Ohana Cannabis is a statewide operator with dispensaries, deliveries, and distribution centers in Northern and Southern California. Ohana has been operating a robust and fully functional onsite consumption lounge in Emeryville since 2018 with new onsite consumption locations going live in San Francisco and Oakland. Ohana also has an active event management license. Ohana has been in operation since its inception in the City of Sacramento during 2015 and has gained significant experience in every cannabis vertical from cultivation to distribution, delivery, dispensary, onsite consumption, and events management. Ohana has extensive experience in cannabis events and Item 3B - Page 22
consumption lounges. We have developed a unique approach to cater to the needs of traditional cannabis consumers focused on smokables and vapes, but also the consumer group that chooses other cannabis products such as drinks, edibles, tinctures, topicals, and infused food products. Emeryville, being very similar to Palm Springs in terms of tourism, we managed to capture the attention of locals and tourists from all over the world to create a 5-Star experience for customers who visit our facilities.

Dan Donohue: Dan has been a part of the Eventi Productions team since the agency’s inception in 2014. He comes to the Eventi team with 20 years of experience managing operations and producing large-scale events in public education. Dan manages Eventi’s workflow, project timelines, business development, finance, human resources , and business structure. Dan is thrilled to be a part of a team that helps its clients scale their business with world-class events.

Jocelyn Kane: Jocelyn Kane is the former Executive Director of San Francisco’s Entertainment Commission and was charged with ensuring the health and vitality of indoor and outdoor entertainment venues and outdoor events in San Francisco. She also served on San Francisco’s Cannabis Legalization Task Force to bring fair and sensible policy to cannabis regulations . Jocelyn is now working as a consultant to the Cannabis Industry through her company, 24 Palm Trees LLC, assisting companies in every part of the supply chain wit h understanding California’s rules on compliance, licensing, and permits on both the local and state level. Located in Palm Springs, she also served as the Legislative Director of the Coachella Valley Cannabis Alliance Network (CVCAN), the Valley’s only Cannabis trade association, and is now the Vice President of the CVCAN Board of Directors.

Brian Applegarth: Brian Applegarth is a cannabis travel subject matter expert and independent consultant. Informed by data, Brian helps destinations, brands, and businesses develop and grow in the visitor economy. Brian is the founder of the Cannabis Travel Association In ternational and he leads the cannabis and hemp work groups for Destinations International and the California Travel Association. Brian’s work is data driven. He was the sole advisor on the first ever national research on the cannabis travel audience in the United States. Brian offers consultative services that center around destination development and marketing strategies. He is a certified cannabis sommelier and a certified cannabis therapy consultant, and co -produced the California State Fair Cannabis Awards & Exhibit

Steve Wijatyk: Wijatyk opened Reefer Madness in March 2020, right when Governor Newsom ordered shelter in place orders. Wijatyk remained open as an essential business, reaching new customers by waving signs on busy Ramon Road and provided extended hours. It has one of the largest cannabis inventories in the Coachella Valley and prides itself on always having favorite products in store. The business is constantly researching different strains and their many different benefits to provide the most accurate information to the consumer and be able to direct them to the appropriate product for their needs.

Item 3B - Page 23
ATTACHMENT “E”

ATTACHMENT “E”

Item 3B - Page 24

POLICY AREA CITY & COUNTY OF SAN

FRANCISCO

CITY OF OAKLAND CITY OF SANTA ROSA CITY OF SACRAMENTO HUMBOLDT COUNTY LOMPOC Authorization To
Host Cannabis
Special Events
San Francisco Board of
Supervisors;
Established 1 year pilot program
with option to extend 2 years;
Pilot program only allows 7-8 events
per year;
Adopted separate permit rules and
regulations;
Later adopted amendments to
require local vendors only.

Oakland Council passed Ordinance
in 2018;
No more than 12 permits may be
issued for the same location or
same individual or entity per
calendar year;
Permit regulations unique to each
event.

Santa Rosa passed Ordinance in
January 2018;
Events on city property required
Special Event Permit;
Events on non-city property require
Temporary Use Permit;
Permit regulations unique to each
event.

Sacramento Council passed
resolution to authorize special event
at Cal Expo in 2018;
Cal Expo Board of Directors
approved policies and guidelines for
hosting cannabis special events at
Cal Expo;
Sacramento Council Ordinance and
resolution to require City
authorization to host events at Cal
Expo in 2019.

Humboldt County Board of
Supervisors passed Ordinance in
2018;
History of special events in
Humboldt County with onsite
consumption prior to Ordinance
approval;
Number of events allowed per year
and/or location are subject to
discretionary permit process.

Lompoc Council passed Ordinance
in 2022. Events are limited to two
events per year.

Events are limited to 2,000
attendees, with the exception of Ken
Adam Park, which is limited to 500
attendees.

Location Of
Cannabis Special
Events
Events only allowed on public
property;
Pilot program only allows for outdoor
events;
Cannabis special events temporarily
exempt from City smoking
ordinance.

Events allowed on public and private
property;
Events allowed outdoors;
Prohibits smoking in places of
employment and unenclosed
recreational areas.

Events allowed on county
fairgrounds, private property, and
public property;
To date, have only hosted one event
at Sonoma fairgrounds;
Does not prohibit indoor or outdoor
events, but prohibits consumption
(including vaping) where smoking is
prohibited.

Events only allowed at Cal Expo;
Events only allowed outdoors, no
smoking allowed in any State
buildings on Cal Expo grounds;
Smoking has been allowed in tented
areas.

Events allowed at county
fairgrounds, private property; and
public property;
Both indoor and outdoor events
permitted.

Events only allowed at Riverbend
Park, Ken Adam Park and River
Park, based on availability.

City Staff Onsite At
Cannabis Special
Events
City staff onsite at events, including
consumption areas;
Fire staff conducts onsite
inspections prior to the event, and
monitors from observation areas
during event;
Polce patrol transportation areas
from outside event;
Police do not staff consumption
areas, but will enter in the event
there is an emergency.

Staff perform vendor inspections in
consumption area prior to event;
No city staff inside of consumption
areas during event;
Oakland Police Department will
remain on perimeter during event.

No city staff inside of consumption
areas in the event of an emergency.

Cal Expo staff onsite at events, but
do not enter designated
consumption areas;
State will request additional staffing
from City Police and County Sheriff
Department;
Police will enter consumption area in
the event of an emergency.

County staff onsite at events, but do
not enter designated consumption
areas.

City staff onsite during event.

State Visibility
Requirements
Must obscure visibility into the
consumption area of at least 8 feet;
Gated fence or fenced-in buffer area
surround the consumption space to
limit overlap with publicly-accessible
areas.

Prohibits visibility of consumption
area from right of way.

Consumption areas must be
screened off from public.

Consumption area must be located
a minimum of 600 feet from any
simultaneous event at Cal Expo not
related to the cannabis special
event;
Must fence and screen off
designated consumption areas to
prohibit visibility from outside
consumption areas.

Consumption areas cannot be seen
from a public place.

Prohibits visibility of consumption.

Types Of Cannabis
Consumption
Prohibited
Prohibits dapping at events. Does not prohibit any type of consumption.

Does not prohibit any kind of
consumption.

Does not prohibit any kind of
consumption.

Does not prohibit any kind of
consumption.

Prohibits dapping at events.

Cannabis Business
License Tax At
Cannabis Special
Events
Cannabis sales subject to local
cannabis tax.

Cannabis sales subject to local
cannabis tax.

Cannabis sales subject to local
cannabis tax.

Cannabis sales subject to local
cannabis tax.

N/A Cannabis sales subject to local
cannabis tax.

Event Security Event organizer must hire or
contract private security personnel
and EMS services to be onsite at
event.

Event organizer must hire or
contract private security personnel
and third-party services to be onsite
at event.

Event organizer must hire or
contract private security personnel
to be onsite at event.

Event organizer must hire or
contract private security personnel
and EMS services to be onsite at
event.

Event organizer must hire or
contract private security personnel
to be onsite at event.

Event organizer must hire or
contract private security personnel
and EMS services to be onsite at
event.

Item 3B - Page 25
ATTACHMENT “F”

ATTACHMENT “F”

Item 3B - Page 26
Item 3B - Page 27

CANNABIS EVENT ORGANIZER LICENSE
• Cannabis events can only be held by a person
who has been issued a cannabis event organizer
license by the Bureau.
• The cannabis event organizer license is an
annual license, with fees based on the number of
events organized by the licensee per year.
• The cannabis event organizer is not authorized
to cultivate, distribute, manufacture, or sell
cannabis or cannabis products, unless the
licensee holds a separate license for that activity.

CANNABIS EVENT SALES AND CONSUMPTION
Atl-temporary cannabis event sates musradh-e-re
to the rules and requirements for on-site sales and
consumption of cannabis goods:
• All cannabis goods shall be transported to the
event site by a licensed distributor.
• All cannabis goods must be tested prior to retail
sale.
• Only a licensed retailer or microbusiness
licensed to sell cannabis goods to retail
customers can sell at a temporary cannabis
event.
• All cannabis goods shall adhere to retailer
requirements pertaining to displays, exit
packaging, customer returns, daily sales limits,
and free samples.
• All cannabis goods sales at the event must be
limited to persons 21 years of age or older.
• Licensees engaging in sales of cannabis goods
shall only conduct sales activities within their
designated area. Sales through use of a mobile
cart or similar means are prohibited.
• Access to the area where cannabis consumption
is allowed shall be restricted to persons 21 years
of age or older and shall not be visible from any
public place or non-age-restricted area.
• Consumption of alcohol or tobacco shall not be
allowed on the cannabis event premises.
• Payment to a cannabis event organizer may not
be determined based on, or tied to, the sale of
cannabis goods.

TEMPORARY CANNABIS EVENT LICENSE
• To obtain a temporary cannabis event license,
the cannabis event organizer licensee must
submit an application to the Bureau at least 60
ob1s-event-=========
• Each temporary cannabis event must be issued
a separate temporary cannabis event license by
the Bureau for the specific date(s) and location of
the event.
• A temporary cannabis event license will not be
issued for more than four consecutive days.
• Cannabis events must be held at a county fair
or district agricultural association event, or at
another venue expressly approved by a local
jurisdiction for temporary cannabis events.
• Written approval from the local jurisdiction
authorizing on-site cannabis sales and
consumption by persons age 21 or older at the
event is required for all temporary cannabis
events.
• The cannabis event organizer will be required to
provide the following to the Bureau:
- A diagram of the physical layout of the event,
which includes information contained in
section 5601 (h)(5) of the Bureau's regulations.
(continued on next page)
Item 3B - Page 28

BUREAU OF

CANNABIS

CONTROL

CANNABIS EVENT

FACT SHEET

CALIFORNIA
- A list of all licensees providing on-site sales
at the event. If the list of licensees changes
after the application is submitted or after the
license is issued, the applicant shall submit a
Notification Request Form, an updated list of
licensees, and an updated event diagram to
the Bureau no less than 72 hours before the
event.
- Contact information for a designated contact
person(s) who shall be on-site at the event and
reachable by phone during the event.

INFORMATIONAL OR EDUCATION CANNABIS
EVENTS
• Informational or educational cannabis events
where no cannabis goods are sold or consumed
are not required to obtain a temporary cannabis
event license.
• Any display of canna bis goo ds must comp ly with
statutory possession limits.

STATE OF CALIFORNIA Bureau of Cannabis Control
2920 Kilgore Road
Rancho Cordova , CA 95670
O E P A ATMLNT OF CON S UMl::.A AFFAIA S E bcc @dca .ca.gov I P (833) 768-5880 WWW . BCC CA.GOV
I,i:vI:0LU u:u19 PD[ l'l 07.!
(continued)
For the latest updates, follow
the Bureau on social media
11@0
,, BCC INFO.DCA u BUR[AUOf u BCCINFO DCA

CANNABIS
CONIRO l

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 BUSINESS & LEGISLATIVE

SUBJECT: WATER CONSERVATION AND HISTORIC LANDSCAPE RESTORATION OPPORTUNITY AT THE PALM SPRINGS CITY HALL, (CLASS 1
HISTORIC SITE #HSPB 33B), ON A 9.74 -ACRE PARCEL LOCATED AT 3200 E. TAHQUITZ CANYON WAY, ZONE “CU” (CIVIC USES), (APN 502- 150-005) (PLANNING CASE #HSPB 33D)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services
Office of Sustainability

SUMMARY:

The State of California Water Resources Control Board (“State Water Board”) has enacted policies mandating water agencies across the state to reduce water use throughout their service territories. In light of these mandates for reducing water use, the City has been converting non- functional turf areas to water efficient landscapes in City - owned parks and parkways for the past two years.

When City Hall was built in the late 1950’s, a renowned landscape architect, Garret Eckbo, designed the landscape using mostly water efficient native desert plant species.

Over time, most of this historic landscape was converted to turf – requiring increasingly more water.

This report presents a project that could:

(1) Reduce water consumption at City Hall,
(2) Restore a historic landscape designed by a celebrated landscape architect that is part of a Class 1 historic site,
(3) Create well -designed, water-efficient demonstration landscapes to provide examples and encourage citizens, HOA’s , and property owners to submit applications for their own turf removal projects in support of water use reduction efforts.
(4) Resolve nighttime safety-related concerns by upgrading the lighting in the City Hall parking lots. (The scope and cost of the upgrades can be developed in coordination with Public Works and Planning.)

Item 3C - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
City Hall Turf Removal & Historic Landscape Restoration

RECOMMENDATION:

Direct staff as appropriate.

BACKGROUND:

Amount of turf and historic status. Currently the parcel on which City Hall is located has roughly 52,000 square feet of turf (just over one acre), not including the dog park. The entire parcel on which City Hall is located was designated by the City Council as a Class 1 historic site.

AERIAL VIEW OF CITY HALL

ALTHOUGH MUCH OF THE SITE IS USED FOR PARKING,

OVER ONE ACRE OF TURF MUST BE CONTINUOUSLY IRRIGATED AT CITY HALL

Item 3C - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
City Hall Turf Removal & Historic Landscape Restoration

“Contributing” and “Non- contributing”. As with any parcel designated as a historic site, there are buildings and areas on the parcel that contribute to the site’s historic significance (referred to as “contributing resources”), and those that do not, (referred to as “non- contributing elements”).
1 Front yard: historic landscape restoration. In terms of the open space around City Hall, the “front yard” is generally considered “contributing” while the north (rear) areas have been modified by additions to the building and are generally considered “non- contributing”. This project proposes restoration of the front yard to its historic desertscape configuration, which includes replacing some turf with new hybridized grasses that survive on half the water needs of conventional grasses and don’t require sc alping and overseeding in the winter months

2. Rear yard: demonstration desertscape. The rear yard as well as the east and west side yard turf areas are “non- contributing” and thus greater design flexibility for the desertscape design there provides opportunities to create demonstration landscapes that could present examples for HOA’s and other property owners in Palm Springs of how to create water-efficient landscapes without creating a dry and barren look.

BELOW: ORIGINAL 1957 ECKBO-DESIGNED DESERTSCAPE IN FRONT OF CITY HALL

1 Resolution 23016: “The structures, features, and land of that portion of APN 501-150-005…excepting the landscape plant materials therein.” Staff believes this exception was intentional – at the time demonstration water efficient landscapes were being considered and the extent of Eckbo’s involvement with the landscape was not fully known.
2 See Attachment E; an introduction to low-water-use hybrid turf.

Item 3C - Page 3
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City Council Staff Report
September 26, 2024 -- Page 4
City Hall Turf Removal & Historic Landscape Restoration

STAFF ANALYSIS:

A historic landscape report, prepared by Steven Keylon for the Palm Springs Preservation Foundation dated April 24, 2024, provides background on the historic significance of the original landscape design for the Palm Springs City Hall designed by renowned landscape architect Garret Eckbo (see Attachment B).

Options and Budget. The turf areas at City Hall have been broken down into six (6) areas (these are further defined in the attached historic landscape report beginning on page 18), each which could be a stand- alone project or all could be combined as one comprehensive project . Square footages and preliminary “R.O.M .” (rough order of magnitude) budgets for each of the six areas are as follows.

Option 1: West Primary Façade (part historic, part non-historic).

• Total Turf removed – 10,760-square feet ; 7,260-sqare feet restored historic landscape, 3,500-square feet non- historic (west of sidewalk) will be designed to integrate with historic landscape.
• Estimated Budget: $95,000

BELOW LEFT: 3,500 SF WEST OF SIDEWALK; BELOW RIGHT: 7,260 SF WEST OF MAIN ENTRANCE

Option 2: East Modular Garden (historic).

• Total turf converted to water -efficient hybrid turf (to reflect the historic landscape in this area but with 50% more efficient hybrid turf) – 3,355-square feet. • Estimated Budget: $30,000

BELOW: MODULAR GARDEN EAST OF MAIN ENTRANCE

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City Council Staff Report
September 26, 2024 -- Page 5
City Hall Turf Removal & Historic Landscape Restoration

Option 3:South Perimeter Front (historic).

• Total turf removed – 16,110-square feet ; 7,000-square feet restored historic desertscape, 9,100-square feet converted to water -efficient hybrid turf as part of historic landscape design.
• Estimated Budget: $150,000

BELOW: SOUTH PERIMETER FRONT YARD

BELOW: CENTER: 7,000 SF DESERTSCAPE, PERIMETER 9,100 SF HYBRID TURF

Option 4: North side of west wing of City Hall (non-historic).

• Total turf removed – 5,000-square feet converted to new desertscape design. • Estimated Budget: $45,000

BELOW: NORTH SIDE OF WEST WING – POSSIBLE DEMONSTRATION LANDSCAPE

Option 5: North side of east wing of City Hall (non-historic).

• Total turf removed – 13,700-square feet.
• Estimated Budget: $140,000

Item 3C - Page 5
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City Council Staff Report
September 26, 2024 -- Page 6
City Hall Turf Removal & Historic Landscape Restoration

BELOW OPTION 5: NORTH SIDE OF EAST WING – POSSIBLE DEMONSTRATION LANDSCAPE

PLEASE NOTE: ROUGHLY 3,110 SF OF TURF IN THE COURTYARD COULD BE REMOVED & CONVERTED

TO DEMONSTRATION WATER-EFFICIENT LANDSCAPE BUT HAS NOT BEEN INCLUDED IN THIS OPTION (SHOWN BELOW AS AN ALLOWANCE)

Option 6: East side parking lot (non-historic).

• Total turf removed – 2,900-square feet.
• Estimated Budget: (included in #5 above).

BELOW: EAST SIDE PARKING LOT – POSSIBLE DEMONSTRATION LANDSCAPE

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City Council Staff Report
September 26, 2024 -- Page 7
City Hall Turf Removal & Historic Landscape Restoration

In addition, significant plant loss has occurred over the past few years in areas on the City Hall parcel already developed with drought tolerant landscape, including the Development Services courtyard and peripheral parking areas. Funding for plant replacement in these areas is included as an allowance as a line item in the following summary of probable costs. It is recommended the allowance for replacing lost plantings in these areas be included in this project so that the General Fund budget line item for tree and plant replacement can be prioritized for tree replacement in neighborhood parks and parkways.

Summary of total area of turf removed (sorted by historic & non-historic areas):

• Total turf replaced w/ hybrid turf (historic): 12,455-square feet • Total turf replaced w/ desertscape (historic): 14,260-square feet • Total turf replaced w/ desertscape (non-historic): 25,100-square feet • (Option: turf replace in north courtyard (non-historic): 3,110-square feet

Total turf removed: 54,925-square feet

Summary of probable costs:3

• Option 1: $95,000
• Option 2: $30,000
• Option 3: $150,000
• Option 4: $45,000
• Option 5: $140,000
• Option 6: (included in Option #5)
• Allowance: desertscape in N. Courtyard $25,000
• Allowance: replacement of plant loss in existing desertscape areas $25,000 • Escalation, unforeseen conditions, etc. (20%) 100,000 • Parking Lot Lighting Upgrades TBD

Total estimated budget: (average $11/square foot) $610,000

Process:

A basic outline of the process steps to implement this proposed turf removal / landscape restoration project is provided on the following page. An estimated project schedule will be developed after the determined scope of the project is defined by the City Council.

3 ROM Estimates as 3Q 2024 include construction, design, project management, prevailing wage, etc., Item 3C - Page 7
City Council Staff Report
September 26, 2024 -- Page 8
City Hall Turf Removal & Historic Landscape Restoration

Basic Process Steps to Implement:

ACTION BY: DESCRIPTION
City Council

Determine desired scope and budget; direct staff.

Public Works/Planning Preliminary Design Development and Minor Architectural Application showing conceptual design. Processed at staff level.

Historic Review Conduct a historic review to ensure the scope of work is consistent with the Class 1 Designation of the site.4

Townsend Group Identify/apply for grants and any external funding opportunities.

Public Works/Planning Finalize landscape design drawings. 5 Re-affirm cost estimates, prepare documents for competitive bidding for the construction phase of the project.

City Council

Return to City Council for direction to proceed.

Procurement

Bidding and contract for construction.

City Council

Return to City Council to approve construction contracts.

Public Works

Construction project management and project closeout,
turn over project area to Facilities for ongoing maintenance.

Neighborhood Relations Schedule neighborhood group tours and workshops for demonstration landscapes

ENVIRONMENTAL ASSESSMENT
:

Pursuant to the California Environmental Quality Act (“CEQA”), the landscape work proposed is considered “a project” subject to evaluation under CEQA. Staff has evaluated the project pursuant to the CEQA Guidelines and determined it to be Categorically Exempt from further analysis under CEQA. The project qualifies as a Class 31 (“Historic

4 Pursuant City Council Resolution 23016, “Modifications to landscape plant materials are exempted from HSPB review, however, to affirm consistency with the Standards a courtesy review is recommended.
5 Translating the historic landscape design and design of the new desertscape areas for construction bidding could be accomplished by one of the City’s on -call landscape architects or competitively solicit professional Landscape Architectural services through Procurement.

Item 3C - Page 8
City Council Staff Report
September 26, 2024 -- Page 9
City Hall Turf Removal & Historic Landscape Restoration

Resource Restoration / Rehabilitation) Categorical Exemption. Projects exempted under this class must be consistent with the United States Department of the Interior, Secretary of the Interior’s Standards for the Treatment of Historic Properties (“the Standards”). The project qualifies under this class because it restores a historic landscape designed by Garret Eckbo, a recognized significant Landscape Architect from the Mid- twentieth century period which was an integral part of the original design of the Palm Springs City Hall, a Class 1 historic site in a manner consistent with the Standards.

The project also qualifies as a Class 4 (”Minor Alterations to Land”) Categorical Exemption. The project qualifies under this class because it proposes new landscaping, including the replacement of existing conventional landscaping with water efficient landscaping.

ALIGNMENT WITH STRATEGIC PLANNING:

Sustainability, Quality of Life, Community Infrastructure.

FISCAL IMPACT:

Funding for the project could be made available from Measure J funds, Sustainability Funds, grants, and historic grants through the California Office of Historic Preservation Certified Local Government Grant program or other sources.

Possible reduction in long- term operating costs for water consumption will be driven by the amount of turf removed and are not fully known at this time.

REVIEWED BY:

Planning Services Director: Christopher Hadwin
Sustainability Director: Lindsay-Paige McCloy
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Vicinity Map.

B. Historic Landscape Report (dated April 19, 2024).

C. City Council Resolutions #8907 and #23016 designating the City Hall parcel as a Class 1 historic site.

D. An introduction to low-water-use hybrid turf.

Item 3C - Page 9

ATTACHMENT #A

Item 3C - Page 10

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
City Hall
3200 East Tahquitz Canyon Way

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Department of Planning Services
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CITY OF PALM SPRINGS
City Hall
3200 East Tahquitz Canyon Way

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Item 3C - Page 14
1 PALM SPRINGS CITY HALL
Eckbo, Royston, & Williams, Landscape Architects, 1957.

HISTORIC LANDSCAPE REPORT

WITH RECOMMENDATIONS FOR TURF REMOVAL AND LANDSCAPE RESTORATION Prepared by Steven Keylon
For the Palm Springs Preservation Foundation, April 19, 2024

Item 3C - Page 15
\ 1
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PALM SPR IN GS

PRESERVATION
FOUNDATION ~
2 TABLE OF CONTENTS

INTRODUCTION PAGE 3
LANDSCAPE ARCHITECTURE OF PALM SPRINGS CITY HALL PAGE 6

APPENDIXES

1. AERIAL PHOTOS PAGE 35

2. JULIUS SHULMAN PHOTOS PAGE 40

3. GARRETT ECKBO KODACHROMES PAGE 44

4. FRANCIS DEAN ARCHIVES PAGE 52

5. MODULAR GARDENS PAGE 56

6. DESIGNER BIOGRAPHIES PAGE 59

7. ABOUT THE AUTHOR – STEVEN KEYLON PAGE 71

8. ABOUT PSPF PAGE 72

Item 3C - Page 16
3 Palm Springs City Hall Dedication, November 8, 1957. Courtesy Palm Springs Historical Society.

INTRODUCTION;
In late 2023, the Palm Springs Department of Planning Services approached architectural historian Steven Keylon to develop a limited historic resources report on the original design of the landscape at the Palm Springs City Hall (3200 Tahquitz Canyon Way, Palm Springs, California, 92262). The Palm Springs City Hall is a Class 1 historic site that is also list ed on the National Register of Historic Places. The design of the original landscape is credited to notable mid - twentieth-century landscape architects Eckbo, Royston, & Williams.

The city is interested in reducing water usage on city-owned properties considering the recent drought conditions and the State Water Board’s recent mandates to reduce water usage for turf irrigation throughout California.

The report aims to develop preliminary/conceptual design information necessary to restore the Eckbo-designed landscape in the front of City Hall, which, through historic photos, was observed to have significantly less turf than what currently exists and ut ilized mostly drought -tolerant plants. Thus, a turf removal project at City Hall would not only restore the landscape by a Item 3C - Page 17
4 renowned landscape architectural firm but would provide a prominent example of how conversion from turf to water -efficient landscape can enhance the attractiveness of buildings in Palm Springs. The Planning Department requested the following scope for the report:

1. Discover any existing archival drawings by landscape architects Eckbo, Royston, & Williams, original photographs, or any other materials that the city could use to restore the landscape.

2. Provide a brief background on Eckbo’s significance and contributions to landscape design during the mid-twentieth-century, with specific attention to Eckbo’s work in Palm Springs and the landscape design for City Hall.

3. Review the plant list from the original drawings and recommend substitutions for any plants that may no longer be available or appropriate for a drought-tolerant landscape palette.

The Palm Springs Preservation Foundation (PSPF) has generously underwritten the cost of this report's background research and preparation.

SUMMARY: Palm Springs City Hall was designed in the early 1950s by the architectural firms Clark & Frey in collaboration with Williams, Williams & Williams. The original design of the landscape for Palm Springs City Hall was created by master modernist landscape architects Eckbo, Royston, & Williams, one of the most important and influential landscape architectural firms in the United States. Landscape architect Francis Dean, a partner in the firm, led the project. As construction on City Hall was nearing c ompletion, it was announced in March of 1957 that preliminary landscape plans had been drawn up:
“Plans for the landscaping of the city hall were presented to the City Council this week, with an estimated cost for the entire project set at over $60,000 by city hall architect John Clark. The plans, drawn by landscape architects Eckbo. Royston and Williams of Los Angeles call for the use of different trees, shrubs, and ground areas. On both sides of the city hall and in back of the west wing are spaces for parking spots. Tall palm trees will mark the entrance to the city hall's main entrance, and a long hedge of sycamores will be planted along the west side of the building. A difference of opinion arose over the construction of a driveway between the parking lot in front of the council chambers and the parking lot in front of the west wing, with some councilmen believing that it should be replaced by a wide sidewalk. This will be one thing to be decided at the regular meeting next week. Clark reported to the council that the landscaping could be put in for a minimum of $32,000, but this would only cover half of the parking areas, allowing space for some 75 automobiles. However, the entire project calls for the parking of 120 cars, for a council chambers which will hold 130 persons. As the council Item 3C - Page 18
5 makes its final determination of the landscape project, it will be meeting for the first time in the new council chambers. Francis Dean, representative of the landscape architects, has been asked to be present next Wednesday evening to answer council questions.”1 TIMELINE:

November 8, 1957: City Hall was officially dedicated, before the landscape was fully installed.

October 2, 1996: Palm Springs City Hall was designated a Class 1 Historic Site by City Council Resolution 18907.
2022: Architectural Resources Group authored a report identifying the period of significance for Palm Springs City Hall to be 1956-1965. “Contributing elements of the property as currently designated/defined include: The original building (started 1956, completed 1957), The open space at the front of the building including the parking lots, landscape areas, and drive aisles. (1957).” Because most of the original Eckbo, Royston, & Williams -designed landscape at the rear of the building was removed to accommo date later additions, this report will focus only on those sections described by ARG as having a period of significance of 1957.

1 “Council Given City Hall Landscaping,” Desert Sun, March 20, 1957, 1.

Item 3C - Page 19
6 Palm Springs City Hall and its surroundings, 1959. Flight AXM_1959, Frame 10W-162. Courtesy of UCSB Library Geospatial Collection.

LANDSCAPE ARCHITECTURE OF PALM SPRINGS CITY
HALL
Master landscape architect Garrett Eckbo, in collaboration with his partner Francis Dean, designed the landscape of Palm Springs City Hall. Portions of the landscape featured xeriscaped specimen gardens showcasing a mix of species native to the Sonoran Des ert (using specimens sourced from the site in many instances), while other areas utilized primarily drought -tolerant Mediterranean species that were part of Eckbo’s trusted toolbox of hardy plant materials.

Grass was used sparingly to highlight landscaped zones of desert plants. Because much of the landscape design utilized a more informal type of desert planting, the judicious use of grass also contrasted with the areas where the designers intentionally crea ted a more formal, manicured aesthetic.

Item 3C - Page 20
7 Interestingly, the xeriscaped areas were left to bare native sand, vs. the typical decomposed granite or gravel used to cover landscaped areas using desert plants. The landscape plans don’t reveal the rationale behind this decision. However, perhaps it was another way to strengthen the concept of a “reverse oasis,” which would celebrate the Sonoran Desert context for Palm Springs’ iconic new City Hall. Eckbo, Royston, & Williams’s prescient design choice predates the City’s Water Efficient Landscape Ordinance (PSMC 8.60), which encourage s portions of water-efficient landscape designs to incorporate areas with no mulch or gravel – to provide habitat for insects and wildlife.2
In designing the landscape for City Hall, Eckbo, Royston, & Williams created an overall landscape program with several different zones that would visually relate to the building's architecture. The program also included visibly different elements directly relating to each element’s function. The west wing of City Hall, which initially contained the building and planning departments, is distinct from the east wing, which included the city manager and executive offices. The north wing contained the finance an d accounting departments. The council chamber is also a uniquely different architectural form from the various office wings. The landscape zones enhance and strengthen this “form follows function” approach to the building design in which the designed form of each part of the building reflects its intended function or purpose.3 The landscape zones identified in this report are:
• The south perimeter (which includes the west parking lot) • The primary facade - west
• The primary facade – east
• The east parking lot
• The west perimeter

2 The City’s Water Efficient Landscape ordinance (PSMC 8.60) denotes up to 5% of a water efficient landscape plan may include bare soil..
3 The maxim “Form follows function” was coined by the renowned American architect Louis Sullivan and became a guiding principle of twentieth-century modernist architecture and industrial design.

Item 3C - Page 21
8 Item 3C - Page 22
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9 The earthen mound of the south perimeter landscape, as seen from the front entrance to City Hall. Julius Shulman photograph, 1958. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10).

SOUTH PERIMETER: The most conspicuous element of the landscape was along the south perimeter. Here, the main feature was a “reverse oasis” – a desert specimen garden set amid a large turf panel. This desert scene featured a large, apostrophe-shaped bed of sand and scattered boulders, into which was planted a mixture of native species, some of which were sourced from the site. A large, undulating crescent -shaped earthform enclosed this on the western side.

Previously utilized by Eckbo at other Palm Springs gardens (see Appendixes, page 64), these large dirt mounds were later described by Francis Dean as designed to “capture the subtleties of the forms in the San Jacinto Mountains.”4 This earthen sandy mound was planted with 2,000 Peruvian Mock Verbena, a relatively fast-growing ground cover that trails and

4 “Koerner Garden – 1955,” typewritten sheet dated January 14, 1991, Francis Dean Collection, ENV Archives- Special Collections, Cal Poly Pomona.

Item 3C - Page 23
10 spreads with new herbaceous roots to form a dense mat. Peruvian Mock Verbena was chosen to emulate the indigenous desert sand-verbena, which is difficult to establish in a designed garden and more often is found self-propagating in open desert areas. Because of this, the Peruvian Mock Verbena is presumed to have been purple (though Eckbo used white flowerin g plants on earlier earthen mounds at other sites in Palm Springs).

A detail from Francis Dean’s rendering shows the apostrophe-shaped xeriscaped zone, in contrast to the surrounding grass panel. Courtesy Francis Dean Archives, Cal Poly Pomona.

California fan palms, planted in pairs or single specimens, were planted in the large panels of turf surrounding the desert specimen garden along the south perimeter, in alignment parallel with Tahquitz-McCallum Way (now Tahquitz Canyon Way). In contrast, Mexican fan palms sourced at the site were planted within the desert garden. A non-native juniper hedge enclosed this area partially to the north of the landscape feature. The south perimeter also includes the west parking lot, which had four carob trees a nd a small grouping of three London plane trees planted in a curbed area, which provided shade to the parking lot. This was underplanted with a bed of asparagus fern. The southern edge of the west parking lot had a juniper hedge to screen parked cars along Tahquitz Canyon Way.

Item 3C - Page 24
/
11 The Primary Façade – West, photographed in Kodachrome by landscape architect Garrett Eckbo, no date.

Courtesy Garrett Eckbo Collection, (1990-1), Environmental Design Archives. College of Environmental Design.

University of California, Berkeley. Berkeley, California.

PRIMARY FACADE – WEST: The landscape in front of the west portion of the primary facade had five European olive trees planted in a large bed of sand and placed in a staggered row (these are extant). This row terminated at the walkway with a grouping of three white crape myrtle (two of these still exist). The olives were underplanted with a naturalistic informal native desert garden, with groupings of drought -tolerant species planted in the sandy soil. Throughout were scattered groupings of boulders, some of which were sourced from the site.

Item 3C - Page 25
12 The Primary Façade - East. Julius Shulman photograph, 1958. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10).

PRIMARY FACADE – EAST: The eastern half of the primary facade featured a large, paved area from the City Hall entrance to the entrance to the City Council chambers. Here, in contrast to the informal nature of the landscape of the west section of the facade, the landscape is a geometric design with a more formal feeling. The adjacent paving consisted of a grid of 4’ by 4’ concrete squares set into expansion joints of exposed aggregate stained a warm pinkish red. To the east of the walkway leading to the main entry to City Hall, a large panel of turf was created by subtracting concrete squares, creating an ample open space with a staggered edge toward the south section. This motif was used by early Modernist landscape architects, starting with Eckbo’s Harvard GSD classmate James C. Rose, who called them “Modular Gardens” (See Appendixes, page 56). Eckbo had used a similar device for the 1948 courtyard patio garden at the Town & Country Center in Palm Springs, designed by Paul R. Williams and A. Quincy Jones. Short hedge rows of varying plant species enclosed the lawn panel on three sides.

Item 3C - Page 26
13 The East Parking Lot. Julius Shulman photograph, 1958. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10).

EAST PARKING LOT: At the north boundary of the east parking lot was a large bed of sandy soil, planted with a native specimen garden, mirroring roughly the landscaped area in front of the primary facade – west. Five European olives were installed in a staggered row, with four California fan palms running north, salvaged from the site. Groupings of indigenous plant species were installed among scattered clusters of boulders. The landscaped bed was enclosed at the north and east with a row of white oleanders. The parking area was planted to match the planting of the west parking lot, with carob, London plane, and asparagus fern.

WEST PERIMETER: When City Hall was built, North Civic Drive was a narrow, unpaved road, with plans to be widened and paved soon. The landscape to the west of Civic Drive was planted in sandy soil. To create a windbreak, fourteen fast -growing eucalyptus trees were planted in a zig-zag pattern along the western edge. The remaining landscape consisted of native Item 3C - Page 27
14 species, including fifteen California fan palms (planted in clusters or as single specimens) and other plant material, some sourced from the site. Groupings of boulders were placed informally through the landscape.

CHANGES OVER TIME
Though Julius Shulman’s 1958 photographs show the earthen mound in place, in an aerial photograph taken in 1959, just two years after the landscape was installed, it appears that the earthen mound and sandy landscaped area have been removed and replaced wi th a much larger panel of turf. Nothing to suggest a reason for this change so early was discovered during research.

By 1965, North Civic Drive had been paved. At that time, the City Hall landscape was extended slightly west, and a curbed panel of turf was installed, with a concrete sidewalk running through, north to south. Three trees are planted in the grass panel. Also, the sandy landscaped area on the west primary facade was replaced with a large turf panel.

In 1972 and again in 1985, extensive additions were made at the rear of City Hall that removed landscaped areas initially designed by Eckbo.5
In 1981, the flagpole, designed initially to rise through the roof's oculus at the main entrance to City Hall, was moved to the lawn area in the south perimeter, which formerly had the earthen mound.6 Three enormous mature Mexican fan palm specimens were installed in its place.

In 1990, Mexican artist Raymundo Cobo Reyes created a life-sized bronze statue of former mayor and longtime Palm Springs booster Frank Bogert, depicting Bogert astride a horse. The sculpture was placed near the flagpole in the south perimeter. Master lands cape architect David Hamilton created the surrounding landscape, which consisted of large boulders providing a base for the sculpture.7
In 1996, City Hall was named a Class 1 Historic Resource.

In 2009, a plan to reconfigure the parking lot in front of City Hall was sent to City Council which would have negatively impacted sight lines to the Class 1 Historic Site. Alarmed, citizens (including the Palm Springs Preservation Foundation and the Palm Springs Modern Committee) began fighting to reverse the proposal. In February 2010, the Historic Site Preservation Board unanimously voted to have city staff prepare a recommendation to the City Council to declare the city hall a historic site (not just a historic building). The board then issued a stay of

5 Palm Springs City Hall (HSPB-33D) Limited Historic Resources Report, Architectural Resources Group, 2022. 6 Ibid.
7 Ibid. David Hamilton was the first university trained and licensed landscape architect to both live and work in the Coachella Valley. His landscapes include the adjacent Palm Springs Airport and Tahquitz Canyon Way.

Item 3C - Page 28
15 demolition for ninety days (with a potential extension of another ninety days) for the city hall site to include the parking lot. On August 23, 2010, the Palm Springs Preservation Foundation sent a letter to the Planning Commission chair informing them tha t recent research had revealed that the original landscape architects for City Hall were Eckbo, Royston, & Williams. 8 On September 8, 2010, the city’s planning commission unanimously upheld the appeal.

On March 7, 2012, the Palm Springs City Council approved Resolution 23106, which amended the 1996 historic designation of the City Hall site to include the entire southern part of the parcel “…bounded by the northern edge of the north parking lot, and the curb edges of Civic Drive, Tahquitz Canyon Way, and El Cielo Road, excepting the landscape plant materials therein…”9 In 2020, Architectural Resources Group was hired by the city to complete a limited historic resources report to determine the resource’s period of significance and its character -defining features. This was initiated as part of the City Council’s consideration to remove the statue of former mayor Frank Bogert. Their report summarized, “On October 2, 1996, Palm Springs City Hall was designated a Class 1 (Landmark) historic site through Council Resolution No. 18907, along with five other buildings designed by master architect Albert Frey. This designation did not list the character -defining features that contribute to the sites' historical significance; this was partially, but not fully, clarified in 2012 when Resolution 23106 was passed.”10 Specific to the historic landscape, ARG’s report states:
“The original landscape design by Eckbo, Royston & Williams has been significantly altered since 1957: most of the original plantings have changed; all low relief elements, notably an undulating hillock in the lawn area, have been flattened out; most boulders have been removed; and parking light standards have been replaced. The general site plan configuration and layout of hardscape and landscape appears as it was during the period of significance, however the parking lot light fixtures and the specific plant materials that exist today in the landscape do not reflect the Eckbo design as seen in historic photos and a 1957 rendering. The 2012 designation amendment specified that "landscape plant materials" are not included in the designation, and this is presumed to cover any remaining original as well as current vegetation. The flagpole and Frank Bogert statue located in the lawn area in front of the building are alterations that occurred well after the period of significance and do not contribute to the property's significance in

8 According to Ken Lyon, Principal Planner with the City of Palm Springs, “until the PSPF letter was sent identifying Eckbo as the designer of the City Hall landscape, there was no awareness that a significant designer was associated with it, and I believe the Council wanted the flexibility to remove the turf and create a “water-efficient demonstration garden.” Email from Ken Lyon to the author, April 4, 2024.
9 Information from the Palm Springs Preservation Foundation website. 10 Ibid.

Item 3C - Page 29
16 terms of architecture or association with/embodiment of historic patterns of development the flagpole was moved here from the main entrance in 1981, and the statue was added in 1990.

In summary, the open space at the front of the building is a contributing element, while the actual vegetation, flagpole, and statue are not contributing elements.” The Human Rights Commission recommended in 2021 that the statue be removed, and after much debate, the City Council voted to remove it. It was removed from the site in 2022.”

PLANNING AND FUNDING TURF REMOVAL AND LANDSCAPE

RESTORATION AT THE PALM SPRINGS CITY HALL
Though many of the original trees still exist, nearly all of the low-level landscape has been replaced over the years with turf, which has increased water usage and significantly diminished the creative impact of the historic Eckbo, Royston & Williams-designed landscape.

A suggested outline to implement the turf removal and landscape restoration at the Palm Springs City Hall is provided here:

1. Based on present site conditions, parking lots, and extant landscape areas, determine what parts of the original 1957 Eckbo, Royston, & Williams-designed landscape can be restored.

2. Work with a qualified landscape architect using the original Eckbo design to develop a scope of work defining the extent of turf removal and determining areas where rehabilitation of the Eckbo, Royston, & Williams -designed landscape features is feasible. (This can be conceived as a multi-phased project with components prioritized to maximize turf removal in the first phase).

3. Eckbo, Royston, & Williams specified native sandy soil in the xeriscaped portions of the landscape, in lieu of the more typical decomposed granite, gravel, or mulch. This was an important design choice, and when restoring those areas, it is recommended tha t they return to sandy soil. Weed barriers should probably be put down first, and if there are concerns about sand blowing away, perhaps a binder, as is used to bind decomposed granite, might be used.

4. Certain trees planted after the period of significance that are recommended for removal include the olive trees planted in the “modular garden” area at the east lawn area of the primary facade. These trees are in decline and detract from the formal aesthetic of this part of the Eckbo-designed landscape.

5. Because most plant species initially specified by Eckbo, Royston, & Williams were drought- tolerant, they are appropriate selections to achieve water efficiency today. For those species that may no longer be available from commercial nurseries, the landscape architect can specify alternative species that resemble the originals in form, color, leaf texture, and drought tolerance. A qualified historic landscape architect should be consulted to advise Item 3C - Page 30
17 on appropriate replacements.

6. The limited use of grass was vital to the historic landscape design, showcasing the “reverse oasis” effect Eckbo, Royston, & Williams designed. For example, at the south perimeter, where grass was used in contrast to the dry garden and earthen mound. Therefore, it is recommended that the existing turf in some of these areas be removed and replaced with newly developed turf hybrids. Also, there is an area in the south perimeter where grass has been replaced with an unremarkable landscape of decomposed granite, evenly spaced boulders, and scattered spiky plants. This portion of the flag -shaped grass, which featured evenly spaced pairs of native California fan palms in the grass, should be restored with the drought-tolerant turf hybrid, simplifying and restoring the original design intent.

The O’Donnell Golf Club has recently replaced much of its turf with a new hybrid grass and successfully reduced its water consumption significantly.11

7. Once the areas where the landscape can be restored based on the original Eckbo drawings are defined and plant lists revised where necessary, cost estimates should be developed to determine logical funding and phasing for the project. Competitive constructi on bids can then be obtained, and the turf removal and restoration of the historic landscape can be implemented as funding allows.

11 The board and manager Koll Farman at the O’Donnell Golf Club have been working with Dr. James Baird from UC Riverside, who has been exploring ways that golf courses can achieve water savings through watering methodology and is looking at new types of grass that use less water. For nearly a hundred years, the club had a base of Bermuda grass, which was overseeded with rye in the winter. In 2023, Baird divided the golf course up into three significant test parcels and used multiple wetting agents and applications to drastically reduce water usage in these areas while maintaining optimal turf and playing conditions. They updated their irrigation system to help re duce water usage.

Working with Evergreen Turf, The club has renovated their greens using Mini Verde Bermuda grass, which requires significantly less water, and no overseeding. During the winter months, it goes dormant, turning slightly gold. The club applies Civitas pigment monthly to give their grass a green tint.

Item 3C - Page 31
18 EXAMPLES OF AREAS FOR POSSIBLE TURF REMOVAL/LANDSCAPE

RESTORATION
PRIMARY FACADE – WEST

Detail from Eckbo, Royston, & Williams's 1957 drawing shows the primary façade's landscape – west. Here, a landscape of drought-tolerant native species was planted in sandy dirt (instead of the more typical decomposed granite).

Here is the same area today. The multi-trunk European olives and two white crape myrtle trees are original 1957 specimens. The native plantings and sandy soil have been replaced by large panels of turf and a foundation planting of shrubbery against the building. The median strip directly west of this is a post-1957 addition. This turf panel could be redesigned in the spirit of the 1957 Eckbo design, removing turf and providing a compatible extension of the original water-efficient landscape design.

Item 3C - Page 32
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19 Turf Removal Option #1: West Primary Fa cade:

Total estimated turf removed: 10,760 square feet restore to water-efficient landscaping (Roughly 7,260 square feet historic, 3,500 square feet non-historic)

Item 3C - Page 33
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20 The top photo is circa 1960, showing the primary façade – west with recently planted European olives and native plants grown in a large bed of sandy soil. The bottom photo from Google Maps is from 2023 and shows the same area today. The European olives still exist from the 1957 design, but the large areas of grass and foundation planting along the building are later replacements for the original design. This area is an ideal candidate for turf removal and landscape restoration.

Item 3C - Page 34
21 PRIMARY FACADE – EAST “MODULAR GARDEN”

Detail of Eckbo, Royston, & Williams’s 1957 drawing for the “Modular Garden” at the primary façade – east, showing a geometric, irregular area within the paving, with a geometric turf panel enclosed by varying shrub species. Along the sawtooth wall of the council chambers, Eckbo designed a planter area of low-growing Natal plum and asparagus fern that soften, but don’t obscure that interesting architectural feature.

The same view today. The panel of turf remains, but large multi-trunk olive trees have been planted, partially obscuring the architecture. The varying shrub hedges have been removed. Mediterranean palms have been planted along the sawtooth wall of council chambers, partially obscuring that important architectural detail.

These palms trees are recommended for removal and relocation. Here, the old grass is recommended to be replaced with a new drought-tolerant hybrid andthe olive trees removed (or moved to the north section of the east parking lot, restoring a row of olive trees there that were part of the original Eckbo landscape design. Lastly the original design for the modular garden hedge enclosure is recommended to be restored.

Item 3C - Page 35
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22 Turf Removal Option #2 East Modular Garden:

Total area of turf replaced with water-efficient hybrid turf: 3,355 square feet

Item 3C - Page 36
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23 DETAIL FROM ECKBO, ROYSTON, & WILLIAMS

LANDSCAPE PLANS
SOUTH PERIMETER:

Trees

Shrubs and Groundcovers

Item 3C - Page 37
. . . • . .
24 Turf Removal Option Area #3: South perimeter frontage:

total area of turf removed at South perimeter: 16,110 square feet

Restore roughly 7,000 square feet of water-efficient landscaping and convert 9,100 square feet of Bermuda grass to water-efficient hybrid turf.

Item 3C - Page 38
16,1 10.9 Sq Feet
-
6,970.4 Sq Feet
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25 Earthen Mound Measurements
On the earthen mound:
• 2,000 Peruvian Mock Verbian (Verbena peruviana), planted 12” on center as groundcover. • 8 Silverbush (Convolvulus cneorum), planted in a gently curving arc atop the mound. • Fountain grass (Pennisetum Rupelli): Two curving arcs planted at inner base of mound, one having five, the other having seven specimens. (Note this specific cultivar of fountaingrass is sterile and not considered invasive.)
• 1 Ocotillo (Fouquieria splendens), salvaged from site, planted at top of mound.

In sandy area:
• 8 Mexican fan palms ( Washingtonia robusta), planted inside the earthen mound, in two groupings of three each, and another grouping of two. These were salvaged from the site. • 10 Silverbush (Convolvulus cneorum), planted in a curving hedge along the inner northwest base of the earthen mound.
• 1 Ocotillo (Fouquieria splendens) salvaged from site. • 2 Yucca, salvaged from the site.
• 6 Hedgehog Cactus (Echinocereus sp.), planted in clusters of 3 each. • 3 Spanish Dagger (Yucca pendula).

Item 3C - Page 39
26 • 5 Aloe, salvaged from the site.
• 3 California barrel cactus (Ferocactus cylindraceus), salvaged from the site.

Adjacent to sandy area:
• 4 California fan palms (Washingtonia filifera), salvaged from the site. • 42 Tamarix juniper (Juniperus sabina 'Tamariscifolia'), planted a very gently curving arc on the north side of the sandy area, also bordering the lawn.

In grass panel along Tahquitz:
• 12 California fan palm (Washingtonia filifera), planted in six evenly spaced pairs. These mature 25–35-foot specimens were sourced from Tahquitz Avenue.

PRIMARY FACADE – WEST:

Trees
Item 3C - Page 40
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Planted in sand, with large boulders scattered throughout.

TREES:
• 5 European olive trees (Olea Europa) planted in a staggered, asymmetrical pattern along facade.
• 3 White crape myrtle (Lagerstroemia indica) planted in a cluster near walkway at building entrance.

SHRUBS AND GROUNDCOVER:

Varieties of Yucca, planted in groupings:
• 4 Adam’s Needle (Yucca filamentosa)
• 3 Spanish Dagger (Yucca treculeana)
• 6 Spineless Yucca (Yucca elephantipes)
• 3 Soft leaf Yucca (Yucca pendula)
• 2 Ocotillo (Fouquieria splendens) salvaged from site
• 5 Barrel cactus (Echinocactus cylindraceus)
Item 3C - Page 41
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28 • 4 Hedgehog cactus (Echinocereus sp)
• 5 Desert Holly (Atriplex hymenelytra)

PRIMARY FACADE – EAST:

Shrubs and groundcovers
Inset in the concrete is an irregular panel of lawn. Enclosing the lawn on three sides are various hedges in groupings:
• 5 Yellow Oleander (Thevetia nereifolia), planted 6” on center, enclosing the lawn panel on the left.
• 15 Shiny Xylosma (Xylosma senticosa), planted 4” on center. • 15 Natal plum (Carissa grandiflora), planted 4” on center. • 6 additional Yellow oleander, 6” on center.
• 14 additional Shiny Xylosma, planted 4” on center.
• 7 Strawberry guava (Psidium cattleyanum), planted 6” on center in small “U”-shaped grouping at far right of hedge enclosing lawn.

Item 3C - Page 42
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29 • 15 additional Natal plum bordering lawn panel at the right, adjacent to staggered walls of City Council chambers. This is underplanted with 90 Asparagus ferns (Asparagus sprengeri), planted 2” on center.

On the other side of the staggered wall of City Council chamber:
• 61 Natal plum (Carissa grandiflora), planted as a foundation planting. • 3 Stiff bottlebrush ( Callistemon rigidum ), planted in grouping, underplanted with 200 Lavender cotton (Santolina chamaecyparissus), a yellow-flowering evergreen shrub.

PARKING LOT – WEST:

Trees
• 4 Carob (Ceratonia siliqua) planted in a row in the central island’s planting bed, providing year-round shade.

Item 3C - Page 43
30 • 3 London plane trees (Platanus acerifolia), planted in a cluster just east of carob trees.
• 810 Asparagus Fern ‘Sprengeri’ (Asparagus setaceus), planted 2” on center, creating a dense carpet groundcover in the central island’s planting bed. • 120 Tamarix juniper (Juniperus sabina 'Tamariscifolia'), planted in a long hedge at the southern edge of the west parking lot.

PARKING LOT – EAST:

Trees
Item 3C - Page 44
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31 In curbed parking strip:
• 4 Carob (Ceratonia siliqua) planted in a row in the central island’s planting bed, providing year-round shade.
• 3 London plane trees (Platanus acerifolia), planted in a cluster just west of carob trees.
• 740 Asparagus Fern ‘Sprengeri’ (Asparagus setaceus), planted 2” on center, creating a dense carpet groundcover in the central island’s planting bed.

In sandy landscape bed directly north of parking area:

TREES:
• 5 European olive trees (Olea Europa) planted in a staggered, asymmetrical pattern along facade.

SHRUBS AND GROUNDCOVER:

Planted in groupings, with scattered boulders:
• 2 Spineless Yucca (Yucca elephantipes)
• 3 Soft leaf Yucca (Yucca pendula)
• 4 Barrel cactus (Echinocactus cylindraceus)
• 4 Giant spear lily (Doryanthes palmeri)
• 3 Aloe (sourced from site)
• 25 White oleander (Nerium oleander), planted to enclose this area on two sides.

WEST PERIMETER:

Planted in sand, with boulders scattered throughout.
• 14 Red gum (eucalyptus rostrata) planted in a staggered zig-zag pattern • 15 California fan palm (Washingtonia filifera) planted in clusters of two, three, or in single specimens
• 3 Adam’s needle Yuccas (Yucca filamentosa) planted in cluster; 4 and 3 Spanish dagger (Yucca traculeana); 3 Chaparral yucca (Yucca whipplei)
• Several single specimens of Ocotillo (Fouquieria splendens) salvaged from site • Two clusters of 7 Barrel cactus (Echinocactus cylindraceus) • 5 Hedgehog cactus (Echinocereus sp)
• 3 Desert Ironwood (Olneya tesota)
• 4 Catclaw acacia (Acacia greggii)

Item 3C - Page 45
32 Detail of the landscape plan for the West Perimeter.

Item 3C - Page 46
33 Turf Removal Option #4: North side of west wing:

Roughly 5,000 square feet of turf (non-historic) available for conversion to water-efficient landscaping.

Turf Removal Option #5: North of east wing of City Hall:

Roughly 13,700 square feet of turf north of the east wing (non-historic) available for conversion to water-efficient landscaping.

Turf Removal Option #6: East side parking lot:

Roughly 2,900 square feet of turf east side parking lot (non-historic) Available for conversion to water-efficient landscaping.

Item 3C - Page 47
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34 Summary of possible opportunities for turf removal and restoration of historic water-efficient landscape areas and new non-historic water-efficient landscape areas:

• Turf Removal Option #1: East side 10,760 sf (historic & non-historic) restore with water-efficient landscape.
• Turf Removal Option #2: East Modular Garden: 3,355 sf replace Bermuda grass with hybrid turf (historic).
• Turf Removal Option #3: South perimeter 16,110 sf (historic) restore 7,000 sf water-efficient landscape and 9,100 sf remove Bermuda grass and replace with water-efficient hybrid turf. • Turf Removal Option #4: North side of west wing 5,000 sf (non-historic) convert to water-efficient landscape.
• Turf Removal Option #5 North of east wing of City Hall: 13,700 sf (non-historic) convert to water- efficient landscape.
• Turf Removal Option #6: East side parking lot: 2,900 sf (non-historic) convert to water-efficient landscape.
•
TOTAL POSSIBLE AREA OF TURF REMOVAL: APPROXIMATELY 51,825 SQUARE FEET; (26,725 sf historic, 25,100 sf non-historic)
Item 3C - Page 48
35 APPENDIXES

1. AERIAL PHOTOS:

Flight AXM_1959, Frame 10W-162. Courtesy of UCSB Library Geospatial Collection.

Item 3C - Page 49
36 December 9, 1965. Flight Universe_113_1, Frame 103. Courtesy of UCSB Library Geospatial Collection.

Aerial photograph 1967. Flight AMI_RIV_67, Frame 1493. Courtesy of UCSB Library Geospatial Collection.

Item 3C - Page 50
37 Circa 1970 aerial showing landscape at City Hall, as well as Palm Springs Airport (1966, Donald Wexler, architect: David Hamilton, landscape architect) and Tahquitz-McCallum Way (David Hamilton, landscape architect). Courtesy Gary Wexler.

Item 3C - Page 51
38 Another view of the area from a mid-1960s postcard.

2005 Google Maps aerial.

Item 3C - Page 52
39 Google Maps photograph 2015 showing Frank Bogert statue in lawn area where earthen mound was originally installed. The statue has since been removed.

Item 3C - Page 53
40 2. JULIUS SHULMAN PHOTOGRAPHS, 1958. GETTY
CONSERVATION INSTITUTE.

All photos Julius Shulman photograph, 1958. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10).

The earthen mound feature at the south perimeter.

Item 3C - Page 54
41 Viewing the earthen mound from the front entrance to City Hall.

The irregularly shaped lawn in the “Modular Garden” in front of City Hall’s east façade.

Item 3C - Page 55
42 The pairs of California fan palms, planted in a large panel of turf, along the south perimeter. The grass appears light because this photo was taken with an infrared filter to enhance the contrast of the sky.

View of the East Parking Lot, facing west.

Item 3C - Page 56
43 View of front entrance to City Hall, showing flagpole which originally projected through the occulus. The sandy soil of the landscape in front of the Primary Façade – West can be seen directly adjacent to the steps.

The grass and palms at the south perimeter.

Item 3C - Page 57
44 3. GARRETT ECKBO KODACHROME SLIDES, CIRCA 1960 (UC

BERKELEY)

View looking west along Tahquitz at the grass and palms of the south perimeter.

The dry garden at the Primary Façade – West.

Item 3C - Page 58
45 Looking toward City Hall from the West Perimeter.

Looking at the south perimeter from outside Council Chambers.

Item 3C - Page 59
46 View of the south perimeter from Tahquitz.

The landscape in front of the Primary Façade – West.

Item 3C - Page 60
47 The landscape at the West Perimeter.

The south perimeter.

Item 3C - Page 61
48 The “Modular Garden” in front of the Primary Façade – East.

The drought-tolerant landscape at the Primary Façade – West.

Item 3C - Page 62
I
49 View of the shrub hedges enclosing the lawn panel of the “Modular Garden.”

In this photo of the south perimeter, the earthen mound and desert landscape have already been replaced with more grass.

Item 3C - Page 63
50 Two more views showing the area where the earthen mound and desert garden once were.

Item 3C - Page 64
51 The desert landscape at the Primary Façade – West.

Item 3C - Page 65
52 4. FRANCIS DEAN ARCHIVES– CAL POLY POMONA, COLLEGE

OF ENVIRONMENTAL DESIGN, SPECIAL COLLECTIONS

“Birds Eye View,” dated February 28, 1957.

Rendering of City Hall Landscape, Eckbo, Royston, & Williams.

Item 3C - Page 66

ECKIO , ROYSTON & WILLIAMS
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Modular paving plan for south façade of Palm Springs City Hall, dated June 1, 1957. Courtesy City of Palm Springs.

At the primary facade – east section of the City Hall Landscape, Eckbo used a device known as a “Modular Garden” for the panel of turf, surrounded by various hedges. The paving in front of City Hall here consisted of a grid of 4’ by 4’ concrete squares, set into expansion joints of exposed aggregate stained a warm pinkish red. To the east of the walkway leading to the front doors, a large panel of turf was created by subtracting concrete squares, creating a large open space with a staggered edge toward the south section.

This motif had been used by early Modernist landscape architects starting with Eckbo’s Harvard GSD classmate James C. Rose, who called them “Modular Gardens.” Though he worked primarily on the East Coast, in 1940-41 Rose came to Southern California and created an important early Modernist garden for a house in Pasadena designed by architect Woodbridge Dickinson for his mother. At the rear of the house, Rose installed a large patio of square exposed aggregate paving stones, with redwood expansion joints. Rose subtracted squares in Item 3C - Page 70
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57 certain areas, opening those spaces up to create irregularly shaped planting beds and other landscape features.

James C. Rose diagram of the Woodbridge Residence patio’s “Modular Garden.” From Progressive Architecture, September 1947.

Julius Shulman photograph of the 1941 James C. Rose landscape at the Woodbridge Residence. Julius Shulman photograph, 1958. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10).

Item 3C - Page 71
58 Eckbo had used a similar device for the 1948 courtyard patio garden at the Town & Country Center in Palm Springs, designed by Paul R. Williams and A. Quincy Jones. The lawn panel was enclosed on three sides by short hedge rows of varying plant species.

Eckbo, Royston, & Williams landscape plan for the courtyard at the Town & Country Center, dated February 10, 1948. Courtesy UCB

The Modular Garden at the Town & Country Center. Julius Shulman photograph, 1958. © J. Paul Getty Trust.

Getty Research Institute, Los Angeles (2004.R.10).

Item 3C - Page 72
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59 Eckbo, Royston, & Williams, landscape architects.

From left, Garrett Eckbo, Francis Dean, Edward Williams, and Robert Royston.

6. DESIGNER BIOGRAPHIES

Garrett Eckbo
(From The Cultural Landscape Foundation’s “Pioneers of Landscape Design” website. Essay by Dorothée Imbert).

Although born in Cooperstown, New York, to Theodora Munn and Axel Eckbo on November 28, 1910, Garrett Eckbo identified with California.

In 1912, following his parents’ divorce, he moved with his mother to Alameda, east of San Francisco, where he grew up with very limited social opportunities. Prospects improved in 1929 with a six-month visit to a wealthy and enterprising paternal uncle in Oslo, Norway, spurring Item 3C - Page 73
60 young Eckbo’s ambition to pursue higher education. After a year at Marin Junior College, Eckbo entered the Division of Landscape Design and Floriculture at the University of California at Berkeley, in the fall of 1932. He later credited Professor H. Leland Vaughan, a former student of Thomas D. Church at Ohio State University, as being influential in his professional development.

Vaughan and the Great Depression years impressed Berkeley landscape students with the need for pragmatic and reductive design, even though their projects rarely strayed from adaptations of historical styles, as witnessed in Eckbo’s 1934 design entitled, Estate in the Manner of Louis XIV. Upon graduating in June 1935, Eckbo moved south. Employed by Armstrong Nurseries in Ontario, California, for a year, he produced approximately one hundred garden plans and acquired a wide knowledge of Southern California plants.

A scholarship to Harvard University’s Graduate School of Design allowed him to move beyond the service industry. In the fall of 1936, Eckbo drove east to enroll in the Department of Landscape Architecture. Soon disillusioned with the school’s traditional curriculum, Eckbo questioned the legacy of Frederick Law Olmsted and the program’s reliance on Henry V. Hubbard and Theodora Kimball’s Introduction to the Study of Landscape Design , a textbook which he condemned as formulaic and overly aesthetic. While the landscape department conformed to a Beaux Arts tradition and the formal/informal dialectic, the architecture department at Harvard was undergoing a complete transformation under the leadership of Walter Gropius, who had joined the faculty in 1937. Eckbo began to define his own modernist theory by establishing connections among landscape design, architecture, and art. He collaborated with architecture students on projects such as a recreation center and park in underprivileged South Boston. He announced his beliefs that “what is good for the rich is good for the poor,” and that design required a multidisciplinary approach. He further explored the rela tionships between private gardens and public space, and urban and suburban design, in both his master’s thesis project, Contempoville — a superblock with a central common — and “Small Gardens in the City.” The publication of the latter in the architectural periodical Pencil Points in September 1937 brought him notoriety at home and abroad.

Eckbo quickly understood the necessity of advancing his ideas in writing. He joined forces with fellow students and modernism champions Dan Kiley and James Rose to produce the three-part seminal text “Landscape Design in the Urban Environment,” “Landscape Design in the Rural Environment,” and “Landscape Design in the Primeval Environment” which appeared in Architectural Record in May and August 1939 and February 1940, respectively. These articles argued for collaborative, cohesive design, and planning, from city garden to natural preserve, stressing the interdependency of such environments.

On September 19, 1937, he married Arline Williams, the sister of his future business partner.

Having received a master’s in landscape architecture degree in 1938, Eckbo took a series of project-based jobs, each lasting six weeks. He worked on the Federal B uilding for the 1939 Golden Gate International Exposition at the office of Kastner and Berla in Washington, DC Item 3C - Page 74
61 While in Washington, Eckbo designed prototypical open spaces for housing projects at the request of Frederick Gutheim of the United States Housing Authority. In addition, he conceived several unbuilt landscape schemes for Norman Bel Geddes’ General Motors pavilion at the 1939 World’s Fair in New York.

Having returned to California, Eckbo worked for the San Francisco office of the New Deal’s Farm Security Administration from 1939 to 1942, where he designed environments for migrant - worker camps across the valleys of California, Washington, and Texas. Collaborating with architects Vernon DeMars and Burton Cairns and landscape architect Francis Violich, Eckbo would further his spatial explorations and provide shelter at the human scale within the expansive agricultural landscape. At Tulare and Ceres, in the San Joaquin Valley, his grand and richly varied planting schemes offered shade, wind protection, and a sense of place for a transient population.

With the same group of designers, Eckbo founded Telesis, an organization that focus ed on the impact of development in the Bay Area. From 1942 to 1945, he participated in the World War II effort by contributing landscape designs for defense housing in the San Francisco region.

In the postwar era, Eckbo founded a firm with Robert Royston and Edward Williams. Eckbo Royston and Williams soon expanded their scope of work from residential gardens to suburban parks (the 1949 Standard Oil Rod and Gun Club in Richmond and 1957 Mitchell Park in Palo Alto) and planned communities (Ladera on the San Francisco Peninsula). From 1946, Eckbo headed the firm in the Los Angeles area with the assistance of Francis Dean. The early years were marked by a multitude of garden designs for the wealthy a nd the more modest, and by collaborations with modernist architects on several developments. His unbuilt 1946 to 1949 design for Community Homes in Reseda remains exemplary in its sophisticated use of vegetation as a tool for structuring neighborhoods. Oth er designs included the semi -urban Park Planned Homes from 1946 to 1947; Mar Vista Housing in 1948; both with Gregory Ain; and the dramatically canyon-sited Crestwood Hills in 1948 and Wonderland Park in 1950.

In 1950, Eckbo coalesced his ideas in Landscape for Living , defining the modern discipline of landscape architecture for his professional peers and a broader readership. A quintessential twentieth-century text in a field that has shied away from theory, Landscape for Living stands apart with Christopher Tunnard’s Gardens in the Modern Landscape (1938, 1948) and Ian McHarg’s Design with Nature (1969) as remarkable attempts to define the field in relation to planning and the environment. Eckbo illustrated its theory, defined as “a generalization of social experience,” with his own projects and those of the firm. He reiterated the call for an organized and planned landscape, from garden to nature, a designed landscape that would stress the relations between human and land without apologizing for the human presence.

Eckbo continued to balance design and writing in his mature years. He taught in the School of Architecture at the University of Southern California from 1948 to 1956. His widely publicized Item 3C - Page 75
62 1956 to 1959 Forecast Garden, commissioned by the Aluminum Company of America, tested aluminum as a spatial and decorative force in landscape design. The year 1956 also saw the publication of The Art of Home Landscaping, a garden and site planning manual aimed at a popular audience. Eckbo’s innovative design for the pedestrian blocks of the Fulton Street Mall in Fresno, developed with Victor Gruen in the early 1960s, proposed an urban alternative to shopping centers. In 1962, Eckbo began a twenty -year design and planning process for the Unive rsity of New Mexico at Albuquerque. He published Urban Landscape Design in 1964 and The Landscape We See in 1969.

His firm continued to evolve as well. In 1958, Eckbo Royston and Williams divided into Royston Hanamoto and Mayes, and Eckbo Dean and Williams. In 1964, Donald Austin became a partner and the firm was recast as Eckbo, Dean, Austin and Williams, later known as EDAW. Ultimately, the laboratory for progressive landscape design with a focus on the relationship between individual and community grew into a multinational planning corporation. Eckbo returned to the San Francisco Bay Area in 1963 to head the Department of Landscape Architecture at Berkeley until 1969. He received the Medal of Honor from the American Society of Landscape Architects in 1975; he retired as Professor Emeritus in 1978, and left EDAW a year later.

In an attempt to start anew, Eckbo formed Eckbo Kay Associates with Kenneth Kay in 1979 with whom he collaborated until 1983. During the final years of practice, Garrett Eckbo and Associates addressed the scales of planning and garden design, having come full circle. His involvement in writing and debating the state and future of landscape architecture never abated. Eckbo still believed in landscape design as an agent of societal change, publishing People in the Landscape two years before his death on May 14, 2000, in Oakland, California.

Francis H. Dean
(From the Cultural Landscape Foundation’s “Pioneers of Landscape Design” website).

Born in Concord, California, Dean spent much of his childhood on a family farm. During World War II he served as a pilot in the US Army Air Corps, once crash -landing his plane on an Italian farmstead after engaging the enemy. He studied landscape architecture under H. Leland Vaughan and Robert Royston at the University of California, Berkeley, graduating in 1948 (he would earn his master's degree in landscape architecture in 1981). Upon receiving his undergraduate degree, Dean was invited to join the firm Eckbo, Royston, & Williams, becoming a partner in 1953. After changes in partnership and with the addition of Don Austin, the firm was renamed Eckbo, Dean, Austin and Williams in 1964, with Dean eventually directing the offices in Irvine, California. The firm’s official moniker became EDAW in 1974.

During his tenure with the firm, Dean worked on a wide range of projects, from residential gardens to university campuses and regional plans. In 1955 he was the landscape architect for Item 3C - Page 76
63 San Fernando Gardens, a public housing project comprising 450 garden apartments in the Pacoima neighborhood of Los Angeles. By the 1960s Dean and his firm were at the forefront of sustainable planning, working on groundbreaking large -scale projects, such as the California Urban Metropolitan Open Space Plan for the State of California. Dean took the leading role on the Santa Ana River /Santiago Creek Greenbelt Study, completed in 1971. In 1976 he began teaching part- time at the Department of Landscape Architecture at the California State Polytechnic University, Pomona (Cal Poly Pomona), moving to full-time status two years later. He was named a Fellow of the American Society of Landscape Architects in 1978 and a Distinguished Professor in the Cal Poly Pomona Department of Landscape Architecture in 1990. In 1995 Dean received the Richard J. Neutra Award for Professional Excellence from the Cal Poly Pomona Department of Architecture. He died at the age of eighty in his home on Vashon Island, near Seattle. His professional papers are reposited at the special collections archives of the College of Environmental Design at Cal Poly Pomona.

ECKBO IN PALM SPRINGS
Eckbo, Royston, & Williams created several landscapes in the Coachella Valley. In Eckbo’s finding aid, besides the Koerner Residence, the following projects are listed. It is unknown whether all were built:

• Tom May Residence, 1947. William F. Cody architect.
• Town & Country Center, 1948. Paul R. Williams and A. Quincy Jones, architects. (Built using a modified design; extant).
• Preston Higgins Residence, 1950. E. Stewart Williams architect. (built, demolished).
• Colonia #1 & #2, 1955. Houses adjacent to Thunderbird Country Club. (There are ads for this project in Desert Sun, not sure if the Eckbo plans were installed).
• Thunderbird North Golf Club, 1955.
• C. E. Needham Residence, 1955-1956.
• Palm Springs City Hall, 1956. (Built, landscape altered). • Desert Holiday House, 1956. Palmer & Krisel, architects (project was renamed Ocotillo Lodge).
• Sidney Charney Residence, 1956-58. Wexler & Harrison, architects.

Tamarisk Country Club. (Built, extant).
• A. J. Coffey Residence, 1960. (unknown if built. Coffey was remodeling a house at 1630 S Calle Marcus in Deepwell Estates in 1960). • Birdie Lyman Residence, 1960.
• Desert Highland Park, 1968. (built).

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64 • Russell Garner Residence, William F. Cody, architect. (Palm Desert, built, current condition unknown).
• G. E. Karlen Residence, E. Stewart Williams, architect. (Unknown). • Kaufmann House restoration, 1996. Collaborator: Marmol & Radziner (restoration architects).

EARTHEN MOUNDS AT THE PRESTON HIGGINS RESIDENCE
(From the Koerner Residence Class 1 Historic Resource Nomination by Steven Keylon) At the Preston Higgins residence, designed in 1950 by architect E. Stewart Williams, Eckbo used sculptural mounds of earth, covered primarily in white alyssum, as a device to add interest and break up the large panels of turf. They also were meant to relate to the San Jacinto Mountains, which were always looming over the landscapes. Other Eckbo signatures used in both the Koerner and Higgins gardens were the shallow steel tank ends used as planters and circular concrete pads.

The initial landscape was designed in 1950. In 1953, Eckbo returned to create a design for the front of the house.

Eckbo’s sculpted earthen mounds at the Higgins Garden.William Aplin photograph, courtesy Eckbo archives, UC Berkeley.

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65 William Aplin photograph of the Higgins Garden, courtesy Eckbo archives at UC Berkeley.Though concrete signatures are widely conceived as a William Krisel signature in Palm Springs today, Krisel’s Professor of landscape architecture at USC was Garrett Eckbo, and it is Eckbo’s influence that resulted in Krisel’s similar design feature

Landscape architect Garrett Eckbo’s drawing for the earth mounds and tank ends at the Higgins Garden.

Courtesy Eckbo archives at UC Berkeley.

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J
66 At Palm Springs City Hall, 1957, Eckbo used sculpted earth mounds to enclose an area in front of the structure devoted to desert plants.The mounds were planted with verbena. Julius Shulman photograph, © J. Paul Getty Trust.

Getty Research Institute, Los Angeles (2004.R.10).

At Palm Springs City Hall, the median between the street and parking lot featured native desert plants, with earth mounds. Julius Shulman photograph, © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10).

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67 The earthen mounds, covered in flowering color, are an important element of the landscape of the Leon and Thea Koerner Residence in Palm Springs’ Deepwell Estates. Julius Shulman photograph. © J. Paul Getty Trust.

Getty Research Institute, Los Angeles (2004.R.10).

Notes on Koerner Garden and the Role of Garrett Eckbo as Designer By JC Miller (For the Koerner Residence Class 1 Historic Resource Nomination) Garrett Eckbo’s career, perhaps more accurately his life’s work, was multifaceted. While he is widely known for his success as a landscape architect, he was also an educator, writer, and theorist. His prominence in the field of postwar landscape architecture is such that current discussions often describe him as “the father of modern landscape architecture.”12 A survey of his legacy, both the built and published work, indicates that he considered his writings as important as his designs. In both Landscape for Living (1950) and the subsequent The Art of Home Landscaping Item 3C - Page 81
68 (1956) he provides his audience with a thoughtful, thorough, and detailed guide to the principles of landscape design. Beyond “how-to” instructions, however, Eckbo’s writing is, in his own words, a “why-to” of landscape architecture. This is immensely helpful for the retrospective analysis of his built work.

In 1955, when Eckbo Royston and Williams (ERW) was engaged to design a garden for the soon- to-be-built seasonal home of Mr. and Mrs. Leon Koerner in Palm Springs, Eckbo’s design practice was thriving. ERW’s Los Angeles office opened in 1948. It was in a studio building adjacent to Eckbo’s Wonderland Park home in the Hollywood Hills. The office was busy with residential commissions and an increasing number of larger and more complex commercial and institutional projects.13 Working with Eckbo in the Wonderland Park studio was Francis Dean, who had joined ERW in 1948 after graduating from the University of California, Berkeley’s Landscape Architecture program, where he had studied under Eckbo’s ERW partner Robert Royston. Dean became a partner in ERW in 1953. 14 Given Eckbo’s divided schedule during this period —he was concurrently teaching in the School of Architecture at USC —Dean likely functioned as the managing principal in the Los Angeles studio.

The issue of authorship often arises when individuals work as partners in the same office. The ERW office was a collaborative environment and without doubt, Eckbo and Dean worked together on the Koerner project. During this period, Eckbo and Royston often traveled to meet each other, meeting mid -state, to stay informed on current projects in the north and south offices.15 Francis Dean certainly had a prominent role in the Southern California office and the Koerners’ garden project in 1955, but Eckbo’s primary role in the project's design is obvious.

Eckbo’s writing in Landscape for Living , the book that preceded the work, and The Art of Home Landscaping that followed it support this assertion. A review of Eckbo’s design drawings,

12 Los Angeles Conservancy Website: https://www.laconservancy.org/architects/Garrett-eckbo 13 Timeline of Eckbo, Royston, & Williams office – Modern Public Gardens, 25 14 Cultural Landscape Foundation – Pioneers: https://www.tclf.org/francis-h-dean 15 Op.cit – citation 2
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69 construction detailing, and the built features of the 1950 -53 Higgins garden in Palm Springs reinforce the point.

The large shade structure that encloses the west end of the swimming pool in the Koerner Garden directly reflects ideas put forth by Eckbo in his published work and confirms his role in the garden's design. At some point in the past, prior homeowners removed this critical garden feature. Rebuilding it was a high priority of the recently completed garden restoration project. It was rebuilt from period photographs because the original construction details for the shade structure were not available for reference.

In Art of Home Landscaping , Eckbo describes in detail his ideas about the general nature of enclosure and the specifics of wood construction as well as the view from the house to the garden. His explanation of these concepts could be a specific description of the Koerner structure.

Images supporting the text show arbors and pergolas very similar in appearance to the Koerner structure. The images illustrate Eckbo’s ideas on structural geometry, the control of garden views, and the directional function of built elements in the garden.

Also rebuilt as a part of the restoration project was exposed aggregate paving beneath the shade structure. No archival reference material was available for the material specification, so a close examination of period photos guided the restoration work. Historic photos revealed a variety of sizes in the decorative aggregate, an Eckbo technique.16 In The Art of Home Landscaping he states that a wide variety of decorative aggregates might be used and that the “proportions must be determined by experiment.”17 Demolition brought to light pieces of the original patio. Those fragments provided physical reference to match the aggregate and concrete color (white) of the original patios in the restoration.

When planning for the garden restoration project began in 2019, the geometric planting areas adjacent to the house and flagstone patios and the sculptural earth mounds along the north edge and at the northwest corner of the garden were no longer existent. Recreating and replanting these areas was a high priority for the garden restoration project. The visual tension between Eckbo's signature angled geometries and the flowing and organic forms of the planted mounds was a significant part of the original gard en. This subtle relationship of geometry and form was also a strong indicator of Eckbo’s primary role in the authorship of the design.

In Garrett Eckbo Modern Landscape for Living (1997), Marc Treib and Dorothée Imbert explore in detail Eckbo’s art-inspired compositional strategies. “In gardens that can be counted in the high

16 Recorded conversation between JC Miller and Robert Royston in 2006 in which Royston describes Eckbo’s fondness for “pebbly concrete” and his preference to be on site when concrete was poured to hand cast the aggregate when possible. Royston further elaborated that Eckbo used a range of aggregates that varied in color and size.
17 Eckbo, Garrett. The Art of Home Landscaping, 100.

Item 3C - Page 83
70 hundreds, if not thousands, Eckbo investigated and reinvestigated the play among space, activity, geometry, climate, and vegetation.”18
A comparison of the Koerner plan with Eckbo’s drawings for the Higgins garden 1950 -53, an earlier project also in Palm Springs, follows Treib and Imbert’s thesis of investigation and reinvestigation. The Higgins plan details mounds very similar in size, form, and arrangement to those found in the later Koerner Garden. The similarity between the two projects continues beyond the earthwork, to planting design. In both projects, we see Eckbo placing Ocotillo (Fouqueria splendens) as vertical accents on the crest of mounds. Further similarities are found in tree planting on the mounds. In the Higgins garden, he specified the relocation of an existing Chinese elm ( Ulnus parvifolia) to the top of a newly created planted mound. For the Koerner Garden he called for California pepper (Schinus molle), a tree of similar character and form, to be placed in the same way.

A comparison of the planting plans and plant lists prepared for both the Higgins and Koerner gardens reveals further similarities and significant duplication, not only in the various species called for but in the way in which plants were to be used. For example, both plans include a low, dark, and directional line of Pfitzer’s juniper (Juniperus pfitzeriana) in the front garden. This indicates a consistency in design intent and suggests that, at minimum, Eckbo’s earlier plan for Higgins was a template for the later Koerner plan.

The planting plan developed for the Koerner Garden restoration relied heavily on the original plan. Fortunately, the 2019 garden still included many of the trees planted originally. Specifically, the Mission olives (Olea europea), Blue palms (Brahea clara, previously known as Erythea armata), and fan palms (Washingtonia robusta and Washingtonia filifera). Due to poor condition, the original California fan palms (Washingtonia filifera) on the southeast corner of the pool were replaced with specimen plants in kind. Important structure -defining plants from the original plant list were restored to the garden wherever possible, including the Ocotillo and California pepper tree mentioned previously.

The sculptural mounds in the first iteration of the Koerner Garden were planted heavily with several varieties of showy annuals, including Sweet Alyssum (Loblaria maritima) which was also the cover plant used in the Higgins garden. Historic photos of the garden made by Julius Shulman demonstrate the dramatic effect of this mass color planting strategy. This approach to planting reflected the part -time seasonal occupancy of postwar homes in Palm Springs. While lush and colorful in winter and spring, the planted mounds would have been bare through summer and fall.

Planting for the restored garden strives to replicate the effect of the initial large -scale color planting with a variety of flowering perennials that persist year-round.

18 Eckbo, Garrett. Modern Landscape for Living, Berkeley Design Books/William Stout Publisher, 59-67.

Item 3C - Page 84
71 Both the Koerner and earlier Higgins gardens include industrial boiler tank ends as large shallow planters. This was a favorite device used by Eckbo and his partners. A casual survey of both Landscape for Living and The Art of Home Landscaping shows that many early ERW gardens included tank ends as planters and fountains, so it is not surprising to find them in the Palm Springs gardens.

The plan for the Higgins garden includes a whimsical sketch of a tank end planter partially set into a planted mound and supported on stones. This is also how the tank end planters were arranged for the Koerners. The sketch is in Eckbo’s hand and includes a list of succulent plants. While no instructions are given, it is assumed that the proposed succulent planting was to be refreshed seasonally since the species called for would not have persisted through high summer temperatures in the desert.

Similarities of the plant lists proposed for the tank end planters are nearly identical, reinforcing the kinship of the Higgins and Koerner gardens. Both are a mix of Aeonium, Cotyledon, and Sedum varieties supplemented with Blue Fescue grass (Festuca ovina). It is worth noting that in 1954 the January and June issues of Sunset magazine included articles on tank end planters and succulents.19 Both articles include essentially the same plant list and are illustrated with photos of ERW work in Northern California. It is possible that Robert Royston, Eckbo’s partner in Mill Valley, originally developed the list and it was in general use for both offices.

Landscape architect JC Miller worked for more than a decade in the Royston office and, as a principal, assisted Royston in the design and execution of his final projects. He is coauthor of “Robert Royston,” a volume in the Library of American Landscape H istory’s “Masters of Modern Landscape Design” series, and coauthor, with Reuben Rainey, of the book “Modern Public Gardens: Robert Royston and the Suburban Park.” Miller was the historic landscape architect in charge of restoring the Koerner Garden.

ABOUT THE AUTHOR – STEVEN KEYLON
Architectural historian Steven Keylon writes and lectures about Southern California’s cultural landscapes. He is editor of Eden, the Journal of the California Garden & Landscape History Society (CGLHS) and is past president of CGLHS. He also serves as vice president of the P alm Springs Preservation Foundation (PSPF) and is on DocomomoUS/SoCal and Beverly Hills Heritage boards. The author of two books, The Design of Herbert W. Burns, and The Modern Architecture of Hugh Michael Kaptur, he is also coauthor, with Tracy Conrad and Steve Vaught, of Tom O’Donnell:

Generous Spirit of Palm Springs. His essays on landscape architects Fred Barlow, Jr. and Tommy Tomson are featured in Shaping the Postwar Landscape, edited by Cha rles Birnbaum and Scott Craver.

19 Sunset, January 1954 – These are “tank” gardens and June 1954 –“Gardening with Succulents.” Item 3C - Page 85

ABOUT THE PALM SPRINGS PRESERVATION FOUNDATION
The Palm Springs Historic Site Foundation was founded in 1997 by Professor Carl Prout, Diana “Mousie” Powell, and other concerned citizens who believed that a fuller appreciation of Palm Springs’ architecture and history could be achieved through education . The Palm Springs Preservation Foundation is the successor to that original mission. Over the years, the foundation has done much to achieve its stated goal of educating many audiences about the importance of preservation. One of the primary ways this educational goal is accomplished is by publishing books to various desert architects and architectural designers (including William F. Cody, E. Stewart Williams, Hugh Kaptur, and Herbert Burns), and builders (the Alexander Construction Company). The foundation has also published publications celebrating the city’s Spanish Colonial Revival and Polynesian “tiki” architecture.

72 Item 3C - Page 86
-~ ' d PALM SPRINGS
71 ., . -~ PRESERVATION
I - ~
:...#. ''h FOUNDATION ®

ATTACHMENT #C

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Item 3C - Page 88
RESOLUTION NO. 23106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1

HISTORIC DESIGNATION OF THE PALM SPRINGS CITY

HALL TO INCLUDE THE STRUCTURES, FEATURES AND
LAND OF THAT PORTION OF APN NO. 502-150-005

BOUNDED BY THE NORTH EDGE OF THE NORTH

PARKING LOT AND THE CURB EDGES ALONG CIVIC

DRIVE, TAHQUITZ CANYON WAY AND EL CIELO ROAD,

EXCEPTING THE LANDSCAPE PLANT MATERIALS
THEREIN.

The City Council of the City of Palm Springs, California finds:

A. Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites.

B. On October 2, 1996, the City Council adopted Resolution No. 18907 adopting a historic designation, Class 1 for the Palm Springs City Hall building, including express restrictions on the City Hall building, but did not include express restrictions or limitations on the surrounding grounds and ancillary facilities or improvements.

C. On May 11, 2010, the Historic Site Preservation Board conducted a public hearing in accordance with applicable law and voted to recommend amending the existing Class 1 historic designation of the Palm Springs City Hall to expressly include the entire site in the historic designation.

D. The designation of the entire site or portions of the Palm Springs City Hall site would further the purpose and intent of Chapter 8.05 of the Palm Springs Municipal Code.

E. The designation of specific portions of the entire site of the Palm Springs City Hall shall promote the sensitive preservation of the Palm Springs City Hall site.

F. The City Council has reviewed and considered all of the evidence in connection with the designation, including but not limited to the staff report, application, and historical research, all written and oral testimony presented, and notes and reaffirms the following:

1. The lands and features surrounding the Palm Springs City Hall embody the distinctive characteristics of a type, period, or method of construction, because the steps and plaza, as a base or "plinth," reconcile the distinctive characteristics of the mid-century modern style with the traditional design of a public building.

Item 3C - Page 89
Resolution No. 23016
Page2

2. The building, lands, and features surrounding the Palm Springs City Hall include the work of a master builder, designer, artist, or architect whose individual genius influenced his age; because the development of the Palm Springs City Hall is part of Albert Frey's design plan for the property; the life and work of Albert Frey has been well-documented; and his work is recognized world­ wide as significant toward the development of the modern movements of architecture, especially as he adapted such styles and movements to the local environment.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVE:

SECTION 1. The Class 1 historic designation for the Palm Springs City Hall is hereby amended to include the structures, features, and land of that portion of APN No. 502-150-005 bounded by the north edge of the north parking lot and the curb edges along Civic Drive, Tahquitz Canyon Way, and El Cielo Road, excepting the landscape plant materials therein, subject to the following conditions:

1. All future exterior modifications including but not limited to building, site, landscaping, lighting, walls, and fences shall require Architectural Approval pursuant to Section 94.04.00 of the Palm Springs Zoning Ordinance.

2. No permit for the alteration of the interior or exterior of any building, or the steps or entry plaza fronting the main (south) building entries, or the hardscape of the parking lot areas, including any and all of the properties elements and characteristics within the designated area described above shall be issued without prior approval by the Historic Site Preservation Board (HSPB) as provided in Chapter 8.05 of the Palm Springs Municipal Code. Modifications to landscape plant materials are exempted from HSPB review.

3. All existing or previously approved or installed alterations or improvements shall be considered acceptable and consistent with the requirements of Chapter

8.05 of the Palm Springs Municipal Code.

ADOPTED THIS 7TH DAY OF MARCH, 2012.

ATTEST:
ames Thompson, City Clerk
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Resolution No. 23016
Page3

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23106 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 March 7, 2012, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Foat, and Mayor Pougnet.

Councilmember Mills.

None.

None.
ames Thompson, City Clerk
City of Palm Springs, California
Item 3C - Page 91
RESOLUTION NO. 18907
OF THE CITY COUNCIL OF nm CITY OF PALM SPRINGS,

CALIFORNIA, DESIGNATING THE FREY HOUSE II, THE

VALLEY STATION OF THE PALM SPRINGS AERIAL

TRAMWAY, THE LOEWY HOUSE, PALM SPRINGS CITY
HALL, AND THE CAREY-PIROZZI HOUSE AS CLASS 1
HISTORlC SITES.
* * * * *
WHEREAS the Frey House II, the Valley Station of the Palm Spriugs Aerial Tramway, the Loewy House, Palm Springs City Hall, ancl the Carey House have c:ontributed sttbstantially lo the historic architectural diversity of the City of Palm Springs; and WHEREAS the Frey House II, tl1e Valley Station of the Palm Springs Aerial Tramway, tl1e Loewy House, Palm Springs City Hall, and the Carey-Pirozzi House have long been landmarks of the City of Palm Springs for residents, architectural students and visitors; and WHEREAS the Frey House II, the Valley Station of the Palm Springs Aerial Tramway, the Loewy House, Palm Springs City Hall, and the Carey-Pirozzi House together constitute a significant portion of a body of work designed by the architect Albert Frey, FAIA, along with various pmtners; and
WHEREAS the life and work of Albert Frey, FAIA, has been well--documented, and his I
work is recognized world-wide as significant toward the development of the International I style and other modern movements of archilecmre, especially as he adapted such styles and movements to the local environment; and
WHEREAS the Palm Springs General Plan provides for the long-term preservation of significant architectural and historic buildings; and
WIIEREAS Chapter 8.05 of the Palm Springs Municipal Code provides for the designation of sites with architectural and historic significm1ce; and WHEREAS on September 10, 1996, the Historic Site Preservation Board held a public hearing to recommend .the designation of the Frey House II, the Va,lley Station of the Palm Sptings Aerial Tramway, the Loewy House, Palm Springs City Hall, and the Carey-Pirozzi House as historic sltes and unanimously recommends to the City Council designation of said properties as Class 1 Historic Siles; and
WHEREAS the City Council concurs in the reconnnendation of the Historic Site Preservation Board regarding the arcl1.itectural and historic value of the Frey House II, the Valley Station of the Palm Springs Aerial Tramway, the Loewy House, Palm Springs City Hall, and the Carey-Pirozzi House; and
WHEREAS the designation of the Frey House II, the Valley Station of the Palm Springs Aerial Tramway, the Loewy House, Palm Springs City Hall, and the Carey-Pirozzi House I shall fi111ber t11e pmposes and intent of the General Plan a11d Chapter 8. 05 of the Palm Springs Municipal Code; and
WHEREAS the designation of l11e Frey House IT, the Valley Station of the Palm Springs Aerial Tramway, the Loewy House, Palm Springs City Hall, mid the Carey-Pirozzi House shall promote the sensitive preservation and restoration of said sites.

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