Agenda packet — Palm Springs City Council, September 26, 2024 (part 1 of 6)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

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

REGULAR MEETING AGENDA

SEPTEMBER 26, 2024

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

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

Pursuant to Assembly Bill 557 -
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

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

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

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

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

4:00 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

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

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

September 26, 2024 City Council Regular Meeting Agenda 2

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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

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

REPORT OF CLOSED SESSION:

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

1. CONSENT CALENDAR:

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

A. APPROVAL OF MINUTES: JUNE 27, JULY 9, and JULY 25, 2024.

RECOMMENDATION:

Approve the City Council Meeting Minutes of June 27, July 9, and July 25, 2024.

B. A RESOLUTION ADOPTING AN AMENDED CONFLICT OF INTEREST CODE September 26, 2024 City Council Regular Meeting Agenda 3 B. A RESOLUTION ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.”

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2024.

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of August 1 through August 31, 2024.

D. APPROVE GOODS PURCHASE AGREEMENT 24B217 WITH VOGEL TRAFFIC SERVICES, INC. FOR TRUCK MOUNTED STRIPING MACHINE FOR PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement 24B217 with Vogel Traffic Service, Inc. to provide Truck Mounted Striping Machine for Palm Springs International Airport in an amount not to exceed $421,557;

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

E. APPROVE GOODS PURCHASE AGREEMENT NO. 24B215 WITH 8540527 CANADA INC., DBA NIU TOILET FOR RESTROOM TRAILERS FOR PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Goods Purchase Agreement 24B215 with 8540527 Canada Inc. / D.B.A. NIU Toilet to provide two (2) multi-station and two (2) single-station restroom trailers for Palm Springs International Airport in an amount not to exceed $213,600;

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

F. ACCEPTANCE OF PLAYGROUND AND SHADE STRUCTURE EQUIPMENT

INSTALLATION AT DEMUTH AND VICTORIA PARKS
RECOMMENDATION:

Accept the public works improvement identified as purchase of playground and shade structures and installation for Demuth and Victoria Parks, as completed in accordance with the Construction Contract;

1. Authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion for purchase of playground and shade structures and installation for Demuth and Victoria

2. September 26, 2024 City Council Regular Meeting Agenda 4 playground and shade structures and installation for Demuth and Victoria Parks.

G. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B211 WITH DÉCOR

IQ, LLC FOR HOLIDAY DECORATIONS FOR PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement No. 24B211 with Décor IQ, LLC to provide holiday decorations, installation, and storage services for the Palm Springs International Airport in an amount not to exceed $118,632.37 for the initial three-year term beginning September 30, 2024, through September 29, 2027, with two one-year extension options at the City’s sole discretion.

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

H. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. A8535 WITH ABM AVIATION, INC. FOR PARKING MANAGEMENT

SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 3 to Contract Services Agreement A8535 with ABM Aviation, Inc., for year-round parking lot shuttle services, to increase parking staff, and to extend the Agreement term for one year, June 1, 2025 to May 31, 2026, for an additional amount of $2,674,475 and a total revised contract amount not to exceed $6,945,271.

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

I. APPROVE AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT NO. A8310 WITH SIGNATURE TECHNOLOGIES, INC. DBA COM-NET SOFTWARE TO

PROVIDE SOFTWARE, MAINTENANCE, AND SERVICES FOR FLIGHT

INFORMATION SYSTEMS DISPLAY SOFTWARE AT THE PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 2 to Maintenance Agreement No. A8310 (Agreement) with Signature Technologies, Inc. dba Com-Net Software (Com-Net) to reflect a name change; to allow the City to terminate the Agreement upon 30 days prior written notice; to retroactively remove the yearly automatic renewal of the Agreement as of June 30, 2024; to extend the term for one year for July 1, 2024, to June 30, 2025; and to increase the compensation for a month-to-month subscription pricing structure, for an additional amount of $38,304, for a total revised Agreement amount not to exceed $136,704.

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

J. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
September 26, 2024 City Council Regular Meeting Agenda 5 J. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC., A NORTH CAROLINA
CORPORATION, IN THE AMOUNT OF $312,591.26 FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT (CYCLE 11), FEDERAL-AID PROJECT NO. HSIPL-5282(051), CITY PROJECT NO. 23-12
RECOMMENDATION:

Approve Professional Services Agreement with Kimley-Horn and Associates, Inc., a North Carolina corporation, in the amount of $312,591.26 for environmental and engineering design services for the Highway Safety Improvement Program (HSIP) Cycle 11 Traffic Safety Enhancements at nine (9) Intersections, Federal-Aid Project No. HSIPL-5282 (051), City Project No. 23-12;

1. Appropriate $150,000 from the Capital fund balance; and,2.

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

K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2102 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 6.10.082 REGARDING

SMOKING PROHIBITIONS AT THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 2102 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.10.082 OF THE PALM

SPRINGS MUNICIPAL CODE REGARDING SMOKING PROHIBITIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”

L. APPROVAL OF AN ALL-WAY STOP INTERSECTION WITHIN THE PALM

SPRINGS INTERNATIONAL AIRPORT PROPERTY
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ENGINEER

TO ESTABLISH AN ALL-WAY STOP CONTROLLED INTERSECTION AT KIRK

DOUGLAS WAY AND THE PARK AND CALL LOT DRIVEWAY ENTRANCE, IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS
MUNICIPAL CODE.”

September 26, 2024 City Council Regular Meeting Agenda 6

M. APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. A9173 IN THE AMOUNT OF $89,313 FOR ADDITIONAL CONSTRUCTION

ADMINISTRATION SERVICES WITH ARCHITECTURAL RESOURCES GROUP, INC., FOR PLAZA THEATRE DESIGN SERVICES
RECOMMENDATION:

Approve Amendment No. 3 for additional construction administrative support to Professional Services Agreement No. A9173 – Plaza Theatre Design Services in the amount of $89,313 for a new not to exceed amount of $1,179,187.

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

2. N. A REQUEST BY THE OWNERS OF FOUR HISTORIC PROPERTIES FOR

APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION

AGREEMENTS, INCLUDING THREE UNITS WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HD-11) AT 1111 EAST PALM CANYON DRIVE, UNITS 301, 344, AND 353; AND THE ALVAH AND TERESA HICKS RESIDENCE, A CLASS 2 HISTORIC SITE (HSPB 155) LOCATED AT 701 NORTH PATENCIO ROAD
RECOMMENDATION:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:

A. 1111 E. Palm Canyon, Unit 301 (Ocotillo Lodge), APN: 511-035-046.

B. 1111 E. Palm Canyon, Unit 344 (Ocotillo Lodge), APN: 511-035-086.

C. 1111 E. Palm Canyon, Unit 353 (Ocotillo Lodge), APN: 511-035-095.

D. 701 N. Patencio Road (Koerner Residence), APN: 505-291-005.

2. Authorize the City Manager to execute the Agreements.

3. Direct the City Clerk to record the Agreements with the County of Riverside.

O. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B132 WITH ADAM A.

CAMPOS DBA GRAPHICS MFG FOR ROADWAY POLE BANNERS,

REPLACEMENT PARTS, AND SERVICES FOR PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement No. 24B132 with Adam A. Campos dba Graphics MFG to provide roadway pole banners, replacement parts and services for the Palm Springs International Airport in an amount not to exceed $329,250 for the initial three-year term beginning September 30, 2024, through September 29, 2027, with two one-year extension options at the City’s sole discretion.

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

P. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B230 WITH WGJ September 26, 2024 City Council Regular Meeting Agenda 7 P. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B230 WITH WGJ ENTERPRISES INC., DBA PCI FOR ON-CALL AIRPORT RUBBER AND PAINT

REMOVAL AND APPLICATION SERVICES FOR PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement 24B230 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

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

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

2. PUBLIC HEARINGS: NONE

3. BUSINESS & LEGISLATIVE:

A. 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”
RECOMMENDATION:

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

Introduce first reading Ordinance No. 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.”

2. B. DISCUSSION REGARDING CANNABIS TEMPORARY EVENTS
RECOMMENDATION:

Direct staff as appropriate.

C. WATER CONSERVATION AND HISTORIC LANDSCAPE RESTORATION September 26, 2024 City Council Regular Meeting Agenda 8 C. 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)
RECOMMENDATION:

Direct staff as appropriate.

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

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

ADJOURNMENT:

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

City of Palm Springs )

I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on September 20, 2024, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree, MMC, CERA
City Clerk
September 26, 2024 City Council Regular Meeting Agenda 9

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

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

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

September 26, 2024 City Council Regular Meeting Agenda 10 City of Palm Springs DRAFT Page 1

Thursday, June 27, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Counc il was called to order by Mayor Bernstein on Thursday, June 27, 2024, at 5:30 p.m.

PLEDGE OF ALLEGIANCE:

Amani Johnson, an elementary school student, led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmember Grace Elena Garner, Mayor Pr o Tem Ron deHarte, and Mayor Jeffrey Bernstein.

Absent: Councilmembers Christy Holstege and Lisa Middleton.

City Staff

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

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

A. NAVIGATION CENTER UPDATE, MARTHA'S VILLAGE & KITCHEN Martha’s Village and Kitchen’s Chief Operating Officer, Rosa Verduzco, provided an update on the Navigation Center.

B. PALM SPRINGS ART MUSEUM FREE THURSDAY NIGHT PROGRAM
Palm Springs Art Museum’s Chief Education and Community Engagement Officer, Luisa Heredia, provided a presentation.

C. PARKS MASTER PLAN UPDATE
Director Wise and Kounkuey Design Initiative’s Senior Community Associate Christian Rodriguez Ceja, and CEO & Founding Principal, Chelina Odbert, provided a presentation.

Item 1A - Page 1
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ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to accept the agenda with removal of Consent Calendar Item No. 1G for separate discussion.

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of June 27, 2024, was called to order by Ma yor Bernstein at 4:00 p.m.

The meeting convened into Closed Se ssion to discuss the following items as listed on the Closed Session Meeting Agenda, with the following City Attorney report: the City Council a pproved the initiation of a receivership action for a property located at 426 W Avenida Cerca; with no other reportable action.

CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2)
Under existing facts and circumstances, there was one (1) matter.

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(4)
Under existing facts and circumstances, there were two (2) matters.

PUBLIC TESTIMONY: None.

1. CONSENT CALENDAR:

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve the consent calendar with removal of Item No. 1G for separate discussion.

A. APPROVAL OF MINUTES

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve the City Council M eeting Minutes of April 25, 2024, and May 9, 2024.

B. APPROVE CONTRACT SERVICES AGRE EMENT NO. 24B133 WITH WEST COAST ARBORISTS, INC. FOR VEGETATION MANAGEMENT SERVICES

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to:

1. Approve Contract Services Agreement 24B133 with West Coast Arborists, Inc. to provide vegetation management services in an amount not to exceed $183,000 for the initial one-year term beginning July 1, 2024, through June 30, 2025, with two one-year extension options at the City’s sole discretion;

2. Appropriate $183,000 from Safety Fund 1216010 to Contractual Services;

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

C. APPROVE AMENDMENT NO. 1 TO THE LEASE WITH DESERT ART CENTER OF Item 1A - Page 2
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THE COACHELLA VALLEY, INC., LOCATED AT 550 NORTH PALM CANYON

DRIVE AT FRANCES STEVENS PARK EXERCISING THE OPTION TO EXTEND THE LEASE AN ADDITIONAL FIVE (5) YEARS

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve Amendment No. 1 to the Lease with Desert Art Center of the Coachella Valley, Inc., to extend the term an additional five years; and authorize the City Manager or his designee to execute all necessary documents.

D. RESOLUTION ACKNOWLEDGING RECEIPT OF, AND ACCEPTING, THE FIRE DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION

MANDATES

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to adopt Resolution No. 25219 , entitled “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACKNOWLEDGING RECEIPT OF, AND ACCEPTING, THE FIRE DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES”; and authorize the City Manager to execute all necessary documents.

E. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 23P173 WITH KIMLEY-HORN AND ASSOCI ATES, INC., IN THE AMOUNT OF $100,000 FOR THE DEMUTH PARK PICKLEBALL COURT EXPANSION, CITY PROJECT NO. 22-24

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve Am endment No. 1, in the amount of $100,000, to Professional Services Agreement No. 23P173, for a new not-to-exceed amount of $261,395 with Kimley-Horn and Associates, Inc. for the Demuth Park Pi ckleball Expansion, City Project No. 22-24; and authorize the City Manager to execute all necessary documents.

F. APPROVE CONSTRUCTION AGREEMENT NO. 24B121 WITH NATA
CONSTRUCTION, INC. FOR BLEACHER S AT PALM SPRINGS BASEBALL

STADIUM

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve Construction Contr act Agreement 24B121 with Nata Construction, Inc. to provide bleachers for the Palm Springs Power Baseball Stadium foran amount not to exceed $182,315.16; and authorize the City Manager o r their designee to execute all necessary documents.

G. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2024-2025 This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

H. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E) AND AUTHORIZATION TO BID 2024 SLURRY SEAL, CITY PROJECT 24-02 Item 1A - Page 3
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MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the 2024 Slurry Seal, City Pr oject 24-02; and authorize the City Manager to execute all necessary documents to award a constr uction contract and task order while the City Council is on August break. No c onstruction contract will be aw arded above what is budgeted for the 2024 Slurry Seal, City Project 24-02.

I. A REQUEST BY CGR DEVELOPMENT ON BEHALF OF SPROUTS FARMERS

MARKET FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER AND WINE FOR OFF-PREMISES CONSUMPTION (TYPE 20 – OFF-

SALE BEER & WINE) AT A NEW GROCERY STORE, SPROUTS FARMERS MARKET, LOCATED AT 5200 EAST RAMON ROAD BUILDING B (APN: 677-420- 058), ZONE PD-291, SECTION 17 (CASE PCN-2024-0001)

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to adopt Resolution No. 25222 , entitled “A RESOLUTION OF THE CITY

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

PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER & WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR SPROUTS FARMERS MARKET LOCATED AT 5200 EAST RAMON ROAD BUILDING B WITHIN CENSUS TRACT NO. 447.02.”
J. A REQUEST BY TRACY INSCORE, ON BEHALF OF WALMART, INC., FOR A

RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A NEW WALMART FUEL STATION AND CONVENIENCE STORE WITH A TYPE 20 LIQUOR LICENSE LOCATED AT 585 LA WRENCE CROSSLEY ROAD (APN: 680- 170-060), ZONE M1, (CASE PCN-2024-0002)

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to adopt Resolution No. 25223 , entitled “A RESOLUTION OF THE CITY

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

PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL

LICENSE FOR WALMART FUEL STATION AND CONVENIENCE STORE, LOCATED AT 585 LAWRENCE CROSSLEY ROAD WITHIN CENSUS TRACT NO. 9410.02.” EXCLUDED CONSENT CALENDAR:

G. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2024-2025

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 3-0, to:

1. Adopt Resolution No. 25220 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL Item 1A - Page 4
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ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2024/2025;” and

2. Adopt Resolution No. 25221 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 25, 2024, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2024/2025.”

2. PUBLIC HEARINGS:

A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL

HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2024-25 ASSESSMENT, AND CONDUCT OF

PROTEST PROCEEDINGS
Michael Green provided oral testimony.

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to open the public hearing and receive public testimony; and adopt Resolution No. 25224, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE PALM

SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2024-25 IN

CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT.”
B. GENERAL FUND FISCAL YEAR 2024-25 ADJUSTED CONTINUATION BUDGET

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to:

1. Open the public hearing and accept public testimony on the FY25 Continuation Budget.

2. Adopt Resolution No. 25225 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2024-2025; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES.”

3. Adopt Resolution No. 25226 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2024-2025 AND SUCH OTHER MATTERS AS REQUIRED.”

4. Adopt Resolution No. 25227 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY

AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY

REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2024-2025, AND OTHER SUCH MATTERS AS REQUIRED.”

5. Adopt Resolution No. 25228 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-2025 ENDING ON JUNE 30, 2025.”

6. Direct the City Manager and Director of Finance and Treasury to make the appropriate Item 1A - Page 5
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modifications to the budget and prepare th e final budget document for Fiscal Year (FY) 2024-2025. The amendments include the following directives: 1) carry over any unused discretionary funds from Fiscal Year 2024 to Fiscal Year 2025; 2) allocate an annual amount of $300,000 to fund the Art Museum's "Free Thursday Night Program," with $50,000 sourced from the Public Art Fund and $250,000 from the General Fund; and 3) include a placeholder of $75,000 for Desert X pending further discussion with Desert X organizers.

3. BUSINESS & LEGISLATIVE:

A. RESOLUTIONS TO PLACE A MEASURE ON THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION BALLOT TO EXTEND THE TERM OF MEASURE “J”,

ADOPTING RESOLUTIONS REGARDING UPDATES TO THE SALES TAX ORDINANCE; TO CONSOLIDATE THE GE NERAL MUNICIPAL ELECTION WITH

THE STATEWIDE GENERAL ELECTION, AND TO SET THE DEADLINE AND

RULES FOR PRIMARY ARGUMENTS AND REBUTTAL ARGUMENTS

REGARDING THE MEASURE
A supermajority vote is required to place the measure on the ballot; consequently, no action was taken, and the item was continued to the City Council meeting of July 9, 2024.

PUBLIC COMMENT:

Abraham Ishaq provided non-agenda oral testimony.

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

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Pro Tem deHarte and Mayor Bernstein provided comments. At the request of Mayor Pro Tem deHarte, a consensus was reached to include the following items on upcoming agendas: 1) a Consent Calendar item regarding the feasibility of the potential flag pole installation at the Arenas Business District; 2) a Consent Calendar item and presentation on the Shop Local Program; and 3) a Consent Calendar item regarding the Old Las Palmas Neighborhood public art sculptures.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, June 27, 2024, at 7:45 p.m.

Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:

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Tuesday, July 9, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Counc il was called to order by Mayor Bernstein on Tuesday, July 9, 2024, at 5:33 p.m.

PLEDGE OF ALLEGIANCE:

Mia Aria Beltran, an elementary school student, led the Pledge of Allegiance.

ROLL CALL:

Present:

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

Absent: None.

City Staff

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

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

A. UPDATE FROM RIVERSIDE UNIVERSITY HEALTH SYSTEM AND BLUE ZONES Riverside County Health Officer Geoffrey Leung and Deputy Public Health Officer Shunling Tsang provided a presentation.

ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1B, 1I, 1N for separate discussion; and continuing Consent Calendar Item No. 1E.

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of July 9, 2024, was called to order by Mayor Bernstein at 4:00 p.m.

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

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

City of Palm Springs v. Desert Community College Dist., Riv. Sup. Ct., No. CVPS2203916.

Committee to Relocate Marilyn v. City of Palm Springs; Real Parties in Interest – PS Resorts and Does 1-10, Riv. Sup. Ct., No. CVRI2101435.

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

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

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

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

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

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road
Scott Stiles, City Manager, Flinn Fagg, Dep. City Manager, Jeffrey Ballinger, City Attorney
Desert Community College District
Price and Terms
City Negotiator:

Negotiating parties:

Under negotiation:

Property:

Scott Stiles, City Manager, City of Palm Springs
Frank J. Luckino, City Manager, City of Desert Hot Springs Price and Terms
Two Parcels of Real Property, located at the Southwest Corner of Dillon Rd. and N. Indian Canyon Dr., and located at the Northwest Corner of Dillon Rd. and Karen Dr. APNS:
666-140-002; 666-140-003; 666-140-006; 666-140-007; 666-140-017; 666- 140-019; 666-140-020; 666-140-022; 666-140-024; 666-150-001; 666-150- 002; 666-150-003; 666-150-004; 666-150-006; 666-150-007; 666-150-008; 666-150-009; 666-150-010; 666-150-012; 666-150-013; 666-150-014; 668- 270-012
PUBLIC TESTIMONY:

Terry Applegate, John Choi, Bianca Simonian, Moises Chaidez, Regina ldo Lopez, Tommy Clarke, Greg Rodriguez, David Murphy, Michael Taylor, Michael Joseph Pitkin, Patr ick Weiss, Lauren Wolfer, Byron Hancock, Noah Kirschbaum, Kenny Munic, and Brad Anderson provided oral testimony.

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1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the Consent Calendar with removal of Item Nos. 1B, 1I, 1N for separate discussion; Item No. 1E was continued .

A. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the City Council Mee ting minutes of May 23, June 6, and June 17, 2024.

B. RESIGNATION ACCEPTANCE AND APPOINTMENTS TO VARIOUS BOARDS AND

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

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to adopt Resolution No, 25229 , entitled "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 06-08-24 TOTALING $2,350,523.30 AND ACCOUNTS PAYABLE WARRANTS DATED 06-06-24 TOTALING $4,429,202.69, IN THE AGGREGATE AMOUNT OF $6,779,725.99, DRAWN ON BANK OF AMERICA."
D. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $7,281,225, AND APPROVE

THE ACCEPTANCE OF THE FEDERAL AVIATION ADMINISTRATION GRANT

AWARD FOR THE FUNDING OF THE PR OJECT FOR THE AIRPORT TAXIWAY REHABILITATION, CITY PROJECT 21-27

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

1. Award a construction contract to Matich Corporation in the amount of $7,281,225 for the Airport Taxiway Rehabilitation, City Project 21-27;

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $728,122 with all change orders reported to the City Council;

3. Authorize the City Manager to approve acceptance of a Federal Aviation Administration grant in an amount not-to-exceed $8,650,000 for the Palm Springs International Airport;

4. Appropriate $8,300,000 in the Airport Capital Project Federal Grants 416.38015 ($2,719,800) and in the Grants Expense 416707 0-50126 and in the Capital Improvement Project 4167065.80000 ($280,200); and

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

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E. ADOPT A RESOLUTION APPROVING PALM TREE TRIMMING POLICY, AND

SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING PROCEDURES AND

POLICIES
The item was continued.

F. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 2992 NORTH CIVIC DRIVE (APN: 502-100-013 & 034, AIRPORT PROPERTY)

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to authorize the C ity Manager to execute a Gran t of Easement to Southern California Edison to underground electrical suppl y systems across a portion of the property identified by Assessor’s Parcel Number 502-100-013 & 034 to a leased Hertz Corporation lot located within the Palm Springs International Airport.

G. SECOND READING AND ADOPT ION OF ORDINANCE NO. 2097 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AME NDING SECTION 94.08.09 OF THE PALM

SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT

AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA

PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE

DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR

REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED

NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA-2024-0002)

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

1. Waive the second reading of the ordinance te xt in its entirety, ready by title only, and adopt Ordinance No. 2097, entitled “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM

SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT

AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK

PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE

DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR

REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF

VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE
WHITEWATER RIVER WASH (CASE DA-2024-0002)."

2. Authorize the City Manager to execute the First Amendment to the First Amended and Restated Development Agreement.

H. SECOND READING AND ADO PTION OF ORDINANCE NO. 2098, ENTITLED “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIO NS 2.24.010 AND 2.24.020 OF THE PALM

SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
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MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to waive the second reading of th e ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2098, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND

2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
I. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE M.H.

ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006)
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

J. APPROVE CONTRACT SERVICE AG REEMENTS NO. 24B143 WITH SAM’S CONSTRUCTION AND 24B144 WI TH TED CONSTRUCTIO N LLC FOR ON-CALL

BUILDING REPAIR AND RENOVATION SERVICES

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

1. Approve primary Contract Se rvices Agreement 24B143 with Sam’s Construction to provide on-call building repair and renovation services in an amount not to exceed $950,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion;

2. Approve secondary Contract Services Ag reement 24B144 with Ted Construction LLC to provide on-call building repair and renovation services in an amount not to exceed $750,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one- year extension options at the City’s sole discretion;
K. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE

UNFUNDED ACCRUED LIABILITY (UAL)

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

L. APPROVAL OF AMENDMENT NO. 7 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 8 FOR

AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT

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

1. Approve Amendment No. 7 and Avis-Budget Am endment No. 8 to all Airport rental car concession agreements doing business as either car rental agencies at the Airport which includes:
o Avis/Budget Car Rental, LLC (Amendment No. 8)
o The Hertz Corporation (Amendment No.7)
o Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 7)
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o Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 7) o DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 7)

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

M. APPROVE CONTRACT SERVICES AG REEMENT NO. 24B129 WITH KINCAID INDUSTRIES, INC. FOR ON-CALL PLUMBING MAINTENANCE AND

INSTALLATION SERVICES

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve Contract Services Ag reement 24B129 with Kincaid Industries, Inc. to provide on-call plumbing mainte nance and installation services in an amount not to exceed $900,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents.

N. APPROVE FUNDING IN THE AMOUNT OF $50,000 OF PUBLIC ART FUNDS TO

THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION FOR COMMISSION OF THE “PRINCE” SCULPTURE AND “BLUE BELLY CRAB” SCULPTURE BY

ARTIST DELOS VAN EARL, BOTH TO BE LOCATED IN THE WEST CHINO DRIVE

MEDIAN IN THE OLD LAS PALMAS NEIGHBORHOOD, AND APPROVE THE

DONATION OF THE SCULPTURES TO THE CITY
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

O. APPROVE CONTRACT CHANGE ORDER NO . 1 WITH MATICH CORPORATION, A CALIFORNIA CORPORATION, IN TH E AMOUNT OF $347,380 FOR THE 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01

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

1. Approve Contract Change Order No. 1 in the amount of $347,380 to Agreement 24B050 with Matich Corporation for the 2024 Pavement Rehabilitation, City Project 24-01;

2. Appropriate $347,380 from the Was tewater Fund balance; and

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

P. ESTABLISH A CITY OF PALM SPRINGS RENTAL REGISTRY AND APPROVE SOFTWARE AS A SERVICE (SaaS) INITIAL AGREEMENT WITH 3Di, INC.

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the Software as a Service (SaaS) Subscription Agreement 24S140 with 3Di, Inc. for the City of Palm Springs Re ntal Registry as mandated in the HCD approved Housing Element in an amount not to exceed $338,376 over a five-year period; and authorize the City Manager or designee to execute all necessary documents.

Q. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN

EXPENDITURE PLAN AND APPROPRIATION
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MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:

1. Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.

2. Direct the Director of Finance/C ity Treasurer to fund the appropriation.

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

R. APPROVAL OF A COST-SHARE AGREEMENT AUTHORIZING FUNDS TRANSFER

TO THE DESERT WATER AGENCY (DWA) FOR THE COOPERATIVE TURF

CONVERSION REBATE PROGRAM

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve Cost-Share Agreement for a Cooperative Turf Conversion Matching Rebate Program between the City of Palm Springs and the Desert Water Agency (DWA); and authorize the City Manager to execute all necessary documents.

S. APPROVE CONTRACT CHANGE ORDER NO. 6 WITH STEVE P. RADOS, INC. IN THE AMOUNT OF $1,071,999.85 AND APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MWH CONSTRUCTORS, INC. (A9141), A DELAWARE CORPORATION, IN THE AMOUNT OF $323,100 FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07

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

1. Approve Contract Change Order No. 6 in the amount of $1,071,999.85 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07;

2. Approve Amendment No. 3 in the amount of $323,100 to PSA No. A9141, for a new not-to- exceed amount of $1,861,027.14 with MWH Constructors, Inc. for the WWTP Digester No. 2 and Filtrate Pump Station, City Projects No. 20-25 and 21-07;

3. Appropriate $1,395,099.85 from the Wa stewater Fund balance; and

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

T. RESOLUTION OF INTENTION FOR VACATION OF PUBLIC VEHICULAR ACCESS

OVER A PORTION OF MUSEUM WAY BETWEEN BELARDO ROAD AND

MUSEUM DRIVE IN ORDER TO FACILITATE THE PERMANENT INSTALLATION OF THE “FOREVER MARILYN” STATUE AT THAT LOCATION, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15-0250)

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25230 , entitled “A RESOLUTION OF THE CITY

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

INTENTION TO VACATE A PORTION OF MUSEUM WAY WEST OF BELARDO ROAD

TO MUSEUM DRIVE, SETTING A PUBLIC HEARING, AND DIRECTING NOTICE TO BE POSTED AND PUBLISHED.”
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EXCLUDED CONSENT CALENDAR:

B. RESIGNATION ACCEPTANCE AND APPOINTMENTS TO VARIOUS BOARDS AND

COMMISSIONS

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

1. Accept the resignation of Charles F. Mara from the Administrative Appeals Board effective immediately.

2. Appoint Christian Samlaska to the Airport Commission effective immediately for a term ending June 30, 2027, from the City of Cathedral City.

3. Appoint Geoffrey Kiehl to the Airport Commissi on effective immediately for a term ending June 30, 2027, from the City of La Quinta.

4. Appoint Jim A. Lande and Tina Gonsalves to the Public Arts Commission for a term ending June 30, 2027; members’ terms shall take effect 30 days after the final adoption of Ordinance No. 2098.

I. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE M.H.

ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006)\

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-2 (COUNCILMEMBER MIDDLETON AND MAYOR BERNSTEIN VOTING NO), to deny the Historic Designation of the “M.H. Atikian Building”.

N. APPROVE FUNDING IN THE AMOUNT OF $50,000 OF PUBLIC ART FUNDS TO THE

OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION FOR COMMISSION OF THE “PRINCE” SCULPTURE AND “BLUE BELLY CRAB” SCULPTURE BY ARTIST

DELOS VAN EARL, BOTH TO BE LOCATED IN THE WEST CHINO DRIVE MEDIAN

IN THE OLD LAS PALMAS NEIGHBORHOOD, AND APPROVE THE DONATION OF

THE SCULPTURES TO THE CITY

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

1. Approve expenditure of P ublic Art Funds in the amount of $50,000 for commission and installation of Prince and Blue Belly Crab by Delos Van Earl.

2. Accept donation of the public art pieces “Pri nce” and “Crab” from the Old Las Palmas Neighborhood Organization by Artist Delos Van Earl on the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road.

2. PUBLIC HEARINGS: None.

3. BUSINESS & LEGISLATIVE:

A. RESOLUTIONS TO PLACE A MEASURE ON THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION BALLOT TO EXTEND THE TERM OF MEASURE “J”,

ADOPTING RESOLUTIONS REGARDING UPDATES TO THE SALES TAX ORDINANCE; TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH Item 1A - Page 14
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THE STATEWIDE GENERAL ELECTION, AND TO SET THE DEADLINE AND

RULES FOR PRIMARY ARGUMENTS AND REBUTTAL ARGUMENTS

REGARDING THE MEASURE

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

1. Adopt Resolution No. 25231 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE

QUALIFIED VOTERS OF AN ORDINANCE TO EXTEND THE TERM OF MEASURE “J”, A ONE PERCENT (1%) GENERAL TRANSACTIONS AND USE TAX (SALES TAX), BY REMOVING ITS SUNSET; AND MAKING VARIOUS TECHNICAL UPDATES TO THE TRANSACTIONS AND USE TAX ORDINANCE; AND

2. Adopt Resolution No. 25232 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE; AND

3. Adopt Resolution No. 25233 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE FILING OF

PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING

OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION.”
B. NEW PALM SPRINGS SHOP LOCAL PROGRAM – BOGO GIFT CARDS

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0 (WITH MAYOR BERNSTEIN RECUSING), to receive and file.

C. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING

THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING

ENCAMPMENTS AND SLEEPING ON PU BLIC PROPERTY, AND DETERMINING

SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, MOTION CARRIED 3/1 (WITH COUNCILMEMBER GARNER VOTING NO, AND COUNCILMEMBER HOLSTEGE ABSTAINING), to waive the reading of the ordinance text in its entirety, read by title only, and introduceOrdinance No. 2099, entitled “AN ORDINANCE

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS

MUNICIPAL CODE, RELATING TO REGULATING ENCAMPMENTS AND SLEEPING

ON PUBLIC PROPERTY, AND DETERMINING SUCH ORDINANCE TO BE EXEMPT

FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.”
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D. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRI NGS MUNICIPAL CODE STRICTLY

REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE

DEFINITIONS, AND DETERMINING S UCH ACTION TO EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3/2 (WITH COUNCILMEMBER GARNER AND MAYOR BERNSTEIN VOTING NO), to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No 2100, entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM

SPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING UNITS,

DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT

FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,” as amended.

E. DIRECTION REGARDING FEASIBILITY OF POTENTIAL ARENAS BUSINESS

DISTRICT IMPROVEMENTS, INCLUDING POSSIBLE FLAG POLE, BISTRO

LIGHTING, AND/OR ENTRY SIGNAGE

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to authorize staff to conduct additi onal due diligence for installation of a flag pole at the Arenas Business district; identify th e processes and funding s ources required; and, draft the appropriate legal instruments that conform with other City agreements for review and approval by Council at a future meeting.

F. CONSIDER PROPOSAL FROM RIVERSIDE UNIVERSITY HEALTH SYSTEM AND

BLUE ZONES, LLC TO PARTICIPATE IN TRANSFORMATION PHASE

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to allocate $180,000 for th e Riverside University Health System Health and Blue Zones project.

PUBLIC COMMENT:

Michael Joseph Pitkin, Dr. Jesse Neimeyer-Romero, a nd Abraham Ishaq provided non-agenda oral testimony.

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

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. At the request of Councilmember Garner, a consensus was reached to include on an upcoming agenda the animal shelter ordinance update.

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ADJOURNMENT:

The City Council adjourned the meeting of Tuesday, July 9, 2024, at 11:48 p.m.

Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:

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Thursday, July 25, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Counc il was called to order by Mayor Bernstein on Thursday, July 25, 2024, at 5:40 p.m.

PLEDGE OF ALLEGIANCE:

Olivia Lee Sanchez, an elementary school student, led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

City Staff

PRESENTATIONS:

A. COLLEGE OF THE DESERT UPDATE
Laura Hope and Scott Adkins provided a presentation.

B. LIBRARY RENOVATION UPDATE
Director Kays provided an update.

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1A, 1E, 1H, and 1M for separate discussion; noting the following recusals:
x Recusal from Mayor Pro Tem deHarte on Consent Calendar Item Nos. 1H and 1CC; and, x Recusal from Councilmember Holstege on Consent Calendar Item No. 1Z.

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REPORT OF CLOSED SESSION:

SPECIAL CLOSED SESSION
The Special Closed Session of the City Council of July 25, 2024, was called to order by Mayor Bernstein at 3:01 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda. Mayor Bernstein announced the following reportable action after the Roll Call:
x “The City Council reached an agreement in principle with PS Resorts and the Committee to Relocate Marilyn; to relocate the “Forever Marilyn” sculpture to a location which is yet to be determined in the downtown park, and move forward with the street vacation. The City expects to finalize the specific location within the downtown park within the next 30 days. The City, working with all partners, will proceed as promptly as possible to resolve the remaining logistical issues. Public Hearing Item No. 2D, the street vacation of a portion of Museum Way, will move forward and incorporate the terms of the agreement to its conditions. The City Council was delighted to have found a satisfactory solution to this issue, which has divided so many within our community.”
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):

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

City of Palm Springs v. Desert Community College Dist., Riv. Sup. Ct., No. CVPS2203916.

Committee to Relocate Marilyn v. City of Palm Springs, Riv. Sup. Ct., No. CVRI2101435.

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

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

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

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road.

Scott Stiles, City Manager; Flinn Fagg, Dep. City Manager; Jeffrey Ballinger, City Attorney.

Desert Community College District
Price and Terms of Payment
Property:

City Negotiator:

Negotiating parties:

Under negotiation:
2300 E. Baristo Rd., Palm Springs CA APN: 502-190-017
Scott Stiles, City Manager, City of Palm Springs
Michael C. Green, Board President/Executive Director,
Palm Springs Cultural Center
Price and Terms

REGULAR CLOSED SESSION
The Closed Session of the City Council of July 25, 2024, was called to order by Mayor Bernstein at 4:05 p.m.

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

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

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

Worker’s Compensation Claim # 15-123261, 16-128366, 18-133696 (Michael Heron) (ADJ11116750)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
124 S. Palm Canyon Drive. Palm Springs, CA 92262
Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney
Grit Development, LLC; Kalura Trattoria, Inc.

Price and Terms
City Negotiator:

Negotiating parties:

Under negotiation:

Property:

Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney
John Pavelak, Watermarke Ventures; Robert Patterson, Esq.

Price and Terms
Riverside County Assessor Parcel Nos. 669-372-001, 669-372-002, 669-320- 004, 669-320-005, and 669-320-007.

Consisting of approximately 190 acres, located in the Chino Cone.

PUBLIC TESTIMONY:

Peter Moruzzi, Michael Joseph Pitkin, Tim Watts, Bryan Beak, Chloe Lowell, David Feltman, Brad Anderson, Maribel Nunez, Lauren Bright, Kate Cas tle, Diane Blaisdel, and Todd Hayes provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1A, 1E, 1H, and 1M for separate discussion; with recusal from Mayor Pro Tem deHarte on Item Nos. 1H and 1CC; and recusal from Councilmember Holstege on Item No. 1Z.

A. APPROVE A CONTRACT SERVICE S AGREEMENT FOR ECONOMIC

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

B. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2024

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER Item 1A - Page 20
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MIDDLETON, CARRIED 5-0, to receive and file.

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2024

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to receive and file th e report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2024.

D. APPROVE CONTRACT SERVICES AGREEM ENT NO. 24P147 WITH 4LEAF, INC.

FOR FIRE PREVENTION INSPECTION SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Contr act Services Agreement No. 24P147 with 4LEAF, Inc. to provide fire prevention inspecti on services for an eighteen-month term in an amount not to exceed $273,000 beginning August 1, 2024 through January 31, 2026, with one one-year extension option at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents.

E. SECOND READING AND ADO PTION OF ORDINANCE NO. 2099, ENTITLED “AN

ORDINANCE OF THE CITY OF PALM SP RINGS, CALIFORNIA, AMENDING THE

PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING

ENCAMPMENTS AND SLEEPING ON PU BLIC PROPERTY, AND DETERMINING

SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

F. APPROVAL OF THREE (3) PROFESSIONAL SERVICES AGREEMENTS WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, KIMLEY- HORN AND ASSOCIATES, INC., A NO RTH CAROLINA CORPORATION, AND

TJKM, A CALIFORNIA CORPORATION, FOR ON-CALL TRAFFIC ENGINEERING

SERVICES

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

1. Approve Professional Services Agreement w ith Albert A. Webb Associates, a California corporation, to provide “on-call” Traffic Engineering servi ces for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and

2. Approve Professional Services Agreement with Kimley-Horn and Associates, Inc., a North Carolina corporation, to provide “on-call” Traffic Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; an

3. Approve Professional Services Agreement with TJKM, a California corporation, to provide “on-call” Traffic Engineering services for an in itial three (3) year term, subject to two (2) additional one (1) year extens ions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and
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4. Authorize the City Manager or designee to execute all necessaryAgreements and execute all task orders that fall under the Agreement value.

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

CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE

VACANCY POSITION OF DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF PALM SPRINGS UNDER GOV ERNMENT CODE SECTION 21221(H) EFFECTIVE JULY 29, 2024

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

1. Adopt Resolution No. 25234 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED

ANNUITANT TO THE VACANCY POSITION OF DIRECTOR OF PARKS AND

RECREATION FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JULY 29, 2024.”

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

H. REQUEST BY THE MONUMENT BOARD, A SUBCOMMITTEE OF PALM SPRINGS

PRIDE, TO LOCATE A PRIDE MONUMENT IN FRANCES STEVENS PARK This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

I. AMENDMENT NO. 6 TO ASSEMBLY BILL 2766 MEMORANDUM OF

UNDERSTANDING BETWEEN THE COACHEL LA VALLEY ASSOCIATION OF

GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM

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

1. Approve Amendment No. 6 to AB 2766 Me morandum of Understanding between the Coachella Valley Association of Governments and Member Jurisdictions to maintain contributions from the cities and the County at 75% to provide Sustainable Funding of the Regional PM10 Street Sweeping Program, through June 30, 2026.

2. Authorize the City Manager to execute Amendment No. 6 to the AB2766 Memorandum of Understanding.

J. EXTEND THE SERVICES AGREEMENT WITH NEOGOV FOR ONE YEAR TO

PROVIDE TALENT MANAGEMENT AND PAYROLL SOFTWARE SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to allow the Service Agreement with Neogov to auto renew for one additional year to provide talent management and payroll software services in the amount of $106,608.

K. REQUEST BY THE OWNERS OF THREE HISTORIC PROPERTIES FOR APPROVAL

OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS, Item 1A - Page 22
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INCLUDING A CONDOMINIUM LOCATED AT THE VILLA ROMA GARDEN HOMES HISTORIC DISTRICT AT 2562 SOUTH SIERRA MADRE (HD-10); THE KOERNER RESIDENCE , A CLASS 1 HISTORIC SITE (HSPB 150) LOCATED AT 1275 SOUTH CALLE DE MARIA; AND A CO NDOMINIUM LOCATED AT SANDCLIFF GARDEN APARTMENT HOMES (HD-5) AT 1826 BARONA ROAD

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

1. Approve a Mills Act Historic Property Preservation Agreement between theCity of Palm Springs and the owners of the following list of properties:
x A - 2562 S. Sierra Madre (Villa Roma Garden Homes), APN: 512-120-052. x B - 1275 South Calle de Maria (Koerner Residence), APN: 508-403-003. x C - 1826 Barona Road (Sandcliff Garden Apartment Homes), APN: 510-040-031.

2. Authorize the City Manager to execute the Agreements.

3. Direct the City Clerk to record the Agreements with the County of Riverside.

L. APPROVE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE

PALM SPRINGS HISTORICAL SOCI ETY FOR DISBURSEMENT AND USE OF FUNDS TO OPERATE THE 1930’S GENERAL STORE MUSEUM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Disbursement and Use of Funds Agreement between the City of Palm Springs and the Palm Springs Historical Society to operate the 1930’s General Store Museum.

M. SECOND READING AND ADO PTION OF ORDINANCE NO. 2100 ENTITLED, “AN

ORDINANCE OF THE CITY OF PALM SP RINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRING S MUNICIPAL CODE STRICTLY

REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE

DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.”
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

N. APPROVAL OF AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (A6190), IN THE AMOUNT OF $326,678.67 FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CITY PROJ ECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Amendment No. 10 in the amount of $326,678.67 to PSA No. 6190, for a new not to exceed amount of $3,767,433.13 with CNS Engineers for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Fe deral-Aid Project No. BHLS-5282 (040); and Item 1A - Page 23
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authorize the City Manager to execute all necessary documents.

O. APPROVE A COOPERATIVE PURCHASE AGREEMENT FOR THE PURCHASE OF

UNMANNED AERIAL VEHICLES (UAVS) AND ASSOCIATED SERVICES FOR THE

PALM SPRINGS POLICE DEPARTMENT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Coope rative Purchase Agreement 24C161 of the UAVs (drones), software, care plan, and accessories through a Sourcewell cooperativepurchase agreement with Advexure LLC in the amount of $171,712.98; and authorize the City Manager to execute all necessary documents.

P. APPROVE A THREE-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC. FOR 40 FIXED ALPR CAMERAS, FLOCKOS

ELITE ENHANCED LPR PACKAGE, AND CONTRACTING A CONSULTANT FOR A

REAL-TIME INFORMATION CENTER IMPLEMENTATION

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

1. Approve Cooperative Subscription Agreement 24 C162 with Insight Public Sector, Inc. for a three-year period, not to exceed $506,000 to implement Flock Safety's fixed ALPR technology, the FlockOS Elite enhanced LP R package, and a Real-Time Information Center (RTIC) consultant; and

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

Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B164 WITH BUDGET HOLDINGS, INC. DBA SOLAR ART FOR WINDOW FILM INSTALLATION

SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Contr act Services Agreement 24B164 with Budget Holdings, Inc. dba Solar Art to provide window film installation services in an amount not to exceed $660,000 for the initial one-year term beginning August 1, 2024, through July 31, 2025, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or his designee to execute all necessary documents.

R. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL

MAINTENANCE SERVICES FOR THE REMAINDER OF THEIR CONTRACT THROUGH JUNE 30, 2026

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

1. Approve Amendment No. 3 to Contract Se rvices Agreement No. 8865 with St. Francis Electric, LLC, increasing the maximum a nnual contract amount by $200,000 for Traffic Signal Maintenance Services for Fiscal Year 2024-2025 and Fiscal Year 2025-2026;

2. Appropriate $101,550 from the Airport Fund balance for Fiscal Year 2024-2025; and

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

S. APPROVE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM Item 1A - Page 24
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SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS, THROUGH

ITS POLICE DEPARTMENT, FOR SCHOOL RESOURCE OFFICER SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve an agreement with the Palm Springs Unified School District to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academ y for one year, expiring at the end of the 2024/2025 school year; and authorize the City Manager to execute all necessary documents.

T. APPROVAL OF AMENDMENT NO. 9 TO LEASE AGREEMENT NO. A3613 WITH PALM SPRINGS AIR MUSEUM, INC. AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve a ten-year lease extension for the Palm Springs Air Museum, Inc. and include a Consumer Price Index increase for certain fees for a period commencing August 1, 2024, through November 29, 2045; and authorize the City Manager or designee to execute all necessary documents.

U. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO.

A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES

FOR THE PALM SPRINGS INTERNATIONAL AIRPORT COMPREHENSIVE

AIRPORT MASTER PLAN

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

1. Approve Amendment No. 2 to Contract Servi ces Agreement No. A9391 with Mead & Hunt, Inc. to extend the schedule for professional consulting services for the Palm Springs International Airport Comprehensive Airport Master Plan to a completion date of July 30, 2026, for an additional amount of $376,340 and not to exceed $2,709,476.

2. Appropriate $376,340 from the Airport Capital Project Fund 416 to Airport Account 4167065-80000 in Fiscal Year 2024-25.

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

V. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $120,000 WITH KIMLEY-HORN AND ASSOCIATES INC., PURSUANT TO ON-CALL AGREEMENT A8342 FOR THE

EVALUATION OF A TRAFFIC SIGNAL INSTALLATION AT INDIAN CANYON AND VIA ESCUELA, CITY PROJECT NO. 24-05

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to authorize a Task Order with Kimley-Horn and Associates, Inc., pursuant to On-Call Agreement No. A8342, in an amount not to exceed $120,000 for traffic engineering services for the evaluation of a Traffic Signal Installation at Indian Canyon and Via Escuela, City Project No. 24-05; and authorize the City Manager to execute all necessary documents.

W. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “CODY PLACE” TRACT, TRACT MAP 33575
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt a Resolution No. 25235, entitled “A RESOLUTION

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

AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 33575 AND AUTHORIZING RELEASE OF

SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL WEST INC., A DELAWARE CORPORATION, (A6730), FOR PROPERTY LOCATED

AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” X. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $56,196

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to accept a grant award from the Califor nia Public Utilities Commission in the amount of $56,196.

Y. APPROVAL OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A

SUSTAINABLE TRANSPORTATION PLANNING GRANT FROM THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION

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

1. Adopt Resolution No. 25236 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE

OF A SUSTAINABLE TRANSPORTATION PLANNING GRANT FROM THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A COMPREHENSIVE

SHADE AND HEAT MITIGATION PLAN FOR MULTI-MODAL
TRANSPORTATION.”

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

Z. APPROVAL OF TRACT MAP 38049 A ND A SUBDIVISION IMPROVEMENT

AGREEMENT WITH AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY
The consent calendar motion is as follows, with Councilmember Holstege recusing:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0 (WITH RECUSAL FROM COUNCILMEMBER HOLSTEGE), to adopt Resolution No. 25237, entitled “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38049 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT

WITH AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 2700 E ALEJO ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
AA.APPROVAL OF TRACT MAP 38416 A ND A SUBDIVISION IMPROVEMENT AGREEMENT WITH 12@ LAS PALMAS, LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 25238, entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38416 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH 12@ LAS PALMAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1424 CAMINO NORTE, IN SECTION 10, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
BB. RECORDS RETENTION SCHEDUL E AND DESTRUCTION PROCEDURE RECOMMENDATION:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 25239, entitled “A RESOLUTION OF

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

REVISED RECORDS RETENTION AND DESTRUCTION SCHEDULE AND

AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS IN ACCORDANCE WITH STATE AND FEDERAL LAW.”
CC.APPROVE AN AMENDED LEASE AGREEMENT WITH THE LGBTQ COMMUNITY CENTER OF THE DESERT FOR TENANT SPACE AT 2901 EAST ALEJO ROAD FOR

A FOOD BANK USE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0 (WITH RECUSAL FROM MAYOR PRO TEM DEHARTE), to approve Amendment No. 1 to the Lease Agreement between the City ofPalm Springs and the LGBTQ Community Center of the Desert for tenant space at 2901 E. Alejo Road, Palm Springs, California; and authorize the City Manager or designee to execute all necessary documents.

EXCLUDED CONSENT CALENDAR:

A. APPROVE A CONTRACT SERVICE S AGREEMENT FOR ECONOMIC

DEVELOPMENT CONSULTING SERVICES

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

1. Approve Contract Services Agreement N o. 24P168 with CVL Economics LLCto provide economic development consulting services for an amount not toexceed $375,080 for a three- year term with two one-year options to renew at the City’s sole discretion.

2. Appropriate and budget funds in the amount of $137,730 for the Airportbudget for the FY from the Airport Fund 415 to the account 4157020-40105 in Fiscal Year 2024-25.

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

E. SECOND READING AND ADO PTION OF ORDINANCE NO. 2099, ENTITLED “AN

ORDINANCE OF THE CITY OF PALM SP RINGS, CALIFORNIA, AMENDING THE

PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING

ENCAMPMENTS AND SLEEPING ON PUBL IC PROPERTY, AND DETERMINING

SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” Item 1A - Page 27
City Council Minutes July 25, 2024
City of Palm Springs DRAFT Page 11

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-1 (WITH COUNCILMEMBER GARNER VOTING NO), to waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2099, entitled "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING

THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING

ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING SUCH

ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
H. REQUEST BY THE MONUMENT BOARD, A SUBCOMMITTEE OF PALM SPRINGS

PRIDE, TO LOCATE A PRIDE MONUMENT IN FRANCES STEVENS PARK

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0 (WITH RECUSAL FROM MAYOR PRO TEM DEHARTE), to approve the proposed request and authorize the City Mana ger to execute any necessary documents, as amended.

M. SECOND READING AND ADO PTION OF ORDINANCE NO. 2100 ENTITLED, “AN

ORDINANCE OF THE CITY OF PALM SP RINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRING S MUNICIPAL CODE STRICTLY

REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE

DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.”

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 3-2 (WITH COUNCILMEMBER GARNER AND MAYOR BERNSTEIN VOTING NO), to waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2100, entitled, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDIN G A NEW CHAPTER 5.92 TO THE PALM

SPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING UNITS,

DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT

FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."

2. PUBLIC HEARINGS:

A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2024-2025

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

1. Open the Public Hearing a nd take public testimony; and

2. Adopt Resolution No. 25240 , entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFO RNIA, APPROVING THE ENGINEER’S

REPORT AND ORDERING THE CONTINUED OPERATION AND MAINTENANCE Item 1A - Page 28
City Council Minutes July 25, 2024
City of Palm Springs DRAFT Page 12
OF IMPROVEMENTS FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING

THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2024/2025.”
B. AN APPLICATION BY TODD HAYS FOR HISTORIC DESIGNATION OF THE “ALBERT FREY BEL VISTA HOME #3” LOCATED AT 1150 NORTH CALLE ROLPH (APN 507-124-011), CASE HSPB #156

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

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution No. 25241, entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE “ALBERT FREY BEL VISTA HOME #3” LOCATED AT 1150 NORTH CALLE ROLPH, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #156, SUBJECT TO CONDITIONS (APN 507-124-011).”
C. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC SITE DESIGNATION OF THE GAS COMPANY BUILDING LOCATED AT 211 NORTH SUNRISE WAY (APN 508-070-016), CASE HSPB #158

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

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution No. 25242, entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE GAS COMPANY BUILDING LOCATED AT 211 N. SUNRISE WAY, AS A CLASS 1 (LANDMARK) HIST ORIC RESOURCE HSPB #158, SUBJECT TO CONDITIONS (APN 508-070-016).”
D. VACATION OF RIGHT-OF-WAY FOR PUBLIC VEHICULAR ACCESS OVER A

PORTION OF MUSEUM WAY BETWEEN BELARDO ROAD AND MUSEUM DRIVE TO FACILITATE THE PERMANENT INSTALLATION OF THE “FOREVER MARILYN” STATUE AT THAT LOCATION, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15- 0250); ADDENDUM #3 TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN (AKA

DOWNTOWN SPECIFIC PLAN) FINAL ENVIRONMENTAL IMPACT REPORT

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

1. Open the public hearing and take testimony; and,

2. Adopt Resolution No. 25243 , entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND

ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC RIGHT-OF-

WAY FOR VEHICULAR ACCESS OVER A PORTION OF MUSEUM WAY FROM BELARDO ROAD TO MUSEUM DRIVE, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15- Item 1A - Page 29
City Council Minutes July 25, 2024
City of Palm Springs DRAFT Page 13
0250), DIRECTING STAFF TO RESERVE A PUBLIC UTILITY EASEMENT FOR

PEDESTRIAN AND NON-MOTORIZED ACCESS AND FOR PUBLIC UTILITIES, ADOPTING ADDENDUM #3 TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT, AND DETERMINING THAT In accordance with Public Resources Code Section 21166 and SectionS 15162 AND 15164 of the CEQA Guidelines THE PROPOSED ACTION would not result in any new or more significant impactS than those identified in the previously certified Final Environmental Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.”

3. BUSINESS & LEGISLATIVE:

A. INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.2 0.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND SECTION 10.20.070 “OWNER’SLIABILITY TO CITY WHEN REDEEMING ANIMAL FROM PURCHASER”, AND AMENDING SECTION 10.20.030 REGARDING “DISPOSITION OF UNCLAIMED ANIMALS”

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to waive the reading of the ordinance text in its entirety and read by title only; and introduce on first reading an Ordinance No. 2101 , entitled “AN ORDINANCE OFTHE CITY OF PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND SECTION 10.20.070 “OWNER’S LIABILITY TO CITY WHEN REDEEMING ANIMAL FROM PURCHASER,” AND AMENDING SECTION 10.20.030 REGARDING “DISPOSITION OF UNCLAIMED ANIMALS.”
B. PROPOSED PICKLEBALL COURT COMPLEX PROJECT AND FUNDING

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

1. Approve City Project 22-24, Demuth Park Pick leball Expansion project conceptual design;

2. Appropriate $2.5 million from Quimby fund ba lance and $2 millionfrom Measure J fund;

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

PUBLIC COMMENT:

Frank Tysen, Paul Hokemeyer, Vaughan Davies, Abraham Ishaq, Dr. Jesse Neimeyer-Romero, Michael Joseph Pitkin provided non-agenda oral testimony.

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

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, July 25, 2024, at 11:05 p.m.

Item 1A - Page 30
City Council Minutes July 25, 2024
City of Palm Springs DRAFT Page 14
Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:

Item 1A - Page 31

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: A RESOLUTION ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

SUMMARY:

The Political Reform Act of 1974, Government Code section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict-of-interest code establishing the rules for disclosure of personal assets and the disqualification from making or participating in the making of any decisions that may affect any personal assets designating positions and establishing disclosure categories.

Pursuant to Section 87306 of the Act, the City must amend its Code when necessitated by changed circumstances , including the creation of new positions which must be designated.

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA , ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.”

BACKGROUND:

The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their conflict of interest codes as necessary as directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City’s code-reviewing body. It has been determined that the Code must be amended due to changed circumstances within the City.

Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the establishment and recognition of new positions that must be Item 1B - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Adoption of the Amended Conflict of Interest Code

designated, revises the titles of existing positions, and deletes titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.

Government Code section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the code-reviewing body.

FISCAL IMPACT:

There is no fiscal impact associated with adopting the Code. There is a substantial amount of staff time associated with collecting, reviewing, logging and retaining statements and responding to requests for inspection or duplication of said statements.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Notice of Intention of Amendment
B. Legislative (Redline) Version of Amended Conflict of Interest Code C. Resolution Adopting the Amended Conflict of Interest Code D. Amended Conflict of Interest Code
E. Regulation 18730

Item 1B - Page 2

ATTACHMENT A

Item 1B - Page 3
55575.18100\42669305.1

NOTICE OF INTENTION TO AMEND THE

CONFLICT OF INTEREST CODE OF THE

THE CITY OF PALM SPRINGS
NOTICE IS HEREBY GIVEN that the City Council intends to amend its Conflict of Interest Code (the “Code”) pursuant to Government Code Section 87306.

The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment based on the establishment and recognition of new positions that must be designated, revise the titles of existing positions and deletes titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.

The proposed amended Code will be considered by the City Council on September 26, 2024 at 5:30 p. m. at City Hall, Council Chamber located at 3200 East Tahquitz Canyon Way, Palm Springs, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment.

Any comments or inquiries should be directed to the attention of Brenda Pree, City Clerk, City of Palm Springs , 3200 East Tahquitz Canyon Way, Palm Springs, CA 92 262; ( 760) 323-8299. Written comments must be submitted no later than September 26, 2024 , at 5:30 p.m.

Copies of the proposed amended Code may be obtained from, the City Clerk.

Item 1B - Page 4

ATTACHMENT B

Item 1B - Page 5
55575.18100\42556098.2

CONFLICT OF INTEREST CODE
OF THE

CITY OF PALM SPRINGS, CALIFORNIA
(Amended December 14, 2023 September 26, 2024)

The Political Reform Act (Government Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s Code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Palm Springs (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other official s and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and de signated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)

Editor’s Note: The Palm Springs City Council adopted additional disclosure requirements for elected and appointed officials related to service on non -profit Boards and rental/leased real property. Please see Palm Springs Municipal Code Chapter 2.60.

Item 1B - Page 6
55575.18100\42556098.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF PALM SPRINGS
(Amended December 14, 2023 September 26, 2024)

PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments, as defined by 2 California Code of Regulations section 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS

It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.

Director of Finance & and Treasurer

Financial Consultants

1 Individuals holding one of the above -listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

Item 1B - Page 7
55575.18100\42556098.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE

CATEGORIES ASSIGNED
Accounting Manager 2
Airport Administration Manager 3
Airport Operations Manager 3
Airport Security Coordinator 3
Airport Security Manager 3
Assistant Airport Director 1, 2
Assistant City Attorney 1, 2
Assistant City Manager 1, 2
Assistant Director of Information Technology 3
Assistant Director of Library Services 3, 6
Assistant Director of Maintenance and Facilities 3, 4, 5 Assistant Director of Parks and Recreation 3
Assistant Director of Planning 1, 2
Assistant Finance Director 1, 2
Assistant Director of Special Programs Compliance 1, 3, 4, 5 Associate Civil Engineer 1, 3, 4, 5
Associate Planner 1, 4, 5
Aviation Planner 3
Budget Manager 2
Building Inspector 1, 4, 5
Building Inspector II 1, 4, 5
Building Inspector Supervisor 1, 4, 5
Building Official 1, 3, 4, 5
Central Business District Administrator 1, 3, 5
Chief Communications Officer 3
Chief Economic Development Officer 1, 2
City Clerk 3
City Engineer 1, 3, 4, 5
Code Compliance Supervisor 3, 4, 5
Community Development Administrator 1, 3, 6
Deputy City Manager 1, 2
Deputy Director of Aviation 1, 2
Deputy Director of Maintenance of Facilities 3, 4, 5
Deputy Director of Planning and Engineering 1, 2
Director of Communications 3
Director of Community and Economic Development
Director of Housing and Community Development
1, 2
Director of Development Services 1, 2
Director of Human Resources 3
Director of Library Services 3, 6
Item 1B - Page 8
55575.18100\42556098.2

LAW OFFICES OF

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DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE

CATEGORIES ASSIGNED
Director of Maintenance and Facilities Director of Public Works 3, 4, 5 Director of Office of Sustainability 3, 4, 6
Director of Parks and Recreation 1, 2
Director of Planning Services 1, 2
Director of Special Program Compliance 1, 2
Engineering Associate 1, 3, 4, 5
Executive Director of Palm Springs International Airport 1, 2 Executive Program Administrator 1, 3, 4, 5
Facilities Maintenance Manager 3, 5
Fire Battalion Chief 3, 4
Fire Chief 3, 4, 5
Fire Deputy Chief 3, 4, 5
Fire Marshall 3, 4
Fleet Maintenance Manager 3
Housing Services Administrator 3, 4, 6
Homeless Outreach Coordinator 3, 4, 6
Information Technology Director 3
Information Technology Manager 3
Maintenance Supervisor 3
Maintenance Supervisor I (Maintenance & Facilities) 3
Maintenance Supervisor II (Maintenance & Facilities) 3
Office of Neighborhoods Manager 3, 6
Payroll & Accounting Manager 2
Plans Examiner (Planning Services) 1, 4, 5
Plans Examiner II (Fire ) 1, 4, 5
Police Captain 3, 4
Police Chief 3, 4
Police Lieutenant 3, 4
Police Services Manager 3
Principal Planner 1, 4, 5
Director of Procurement and Contracting Manager 3
Procurement Specialist 3
Procurement Specialist I (Procurement and Contracting) 3 Procurement Specialist II (Procurement and Contracting) 3 Project Manager (Aviation Department) 1, 3, 4, 5
Project Manager (Engineering Services) 1, 3, 4, 5
Project Manager (Maintenance & Facilities) 1, 3, 4, 5
Project Manager (Parks & Recreation) 1, 3, 4, 5
Public Information Officer 3
Redevelopment Coordinator Real Estate Coordinator 1, 3, 5 Senior Civil Engineer 1, 3, 4, 5
Senior Public Works Inspector 1, 4, 5
Street Maintenance Manager 3, 5
Street Maintenance Superintendent 3, 4, 5
Sustainability Manager 1, 3, 4, 6
Item 1B - Page 9
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LAW OFFICES OF

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Consultants and New Positions2

2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)

MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS:

Administrative Appeals Board 1, 4
Palm Springs International Airport Commission 1, 2
Architectural Advisory Review Committee 1, 4, 5
Historic Site Preservation Board 1, 4, 5
Human Rights Commission 6
Board of Library Trustees, Board of 3, 6
Measure “J” Oversight Commission 1, 2
Parks and Recreation Commission 1, 2
Public Arts Commission 1, 2
Rent Review Commission 1, 4, 5
Small Hotel Tourism Business Improvement District (T BID) Advisory Board, Palm Springs
1, 3
Sustainability Commission 1, 2
VillageFest Board 3, 4, 6
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PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

CATEGORY 1 : Real Property Interests . All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the CITY, including any leasehold, beneficial or ownership interest or option to acquire property.

CATEGORY 2: Investments/Sources of Income. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, within the jurisdiction of the CITY.

CATEGORY 3: Contracting/Procurement. All investments 4 and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division CATEGORY 4 : Regulatory/Permits/Licensing Authority . All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.

CATEGORY 5: Land Development/Construction/Acquisition. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the CITY.

CATEGORY 6 : Grants/Service Providers. All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit or other organization, if the source is of the type to receive grants or other monies from or through the CITY.

3 This Conflict of Interest Code does not require the reporting of gifts from outside this City’s jurisdiction if the source do es not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

Item 1B - Page 11

ATTACHMENT C

Item 1B - Page 12
55575.18100\42669403.1

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA ADOPTING AN AMENDED

CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974

WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Palm Springs (the “ City”) and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) in compliance with the Act which was last amended December 14, 2023; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on September 26, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs that:

SECTION 1. T he City Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours; and
SECTION 2. The said amended Conflict of Interest Code shall become effective immediately after the date of its adoption and approval.

Item 1B - Page 13
55575.18100\42669403.1

2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Springs at a regular meeting held this 26th day of Septem ber, 20 24 by the following vote:

SCOTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS

ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1B - Page 14
55575.18100\42669403.1

3 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 26, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of September 2024.

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS

Item 1B - Page 15

ATTACHMENT D

Item 1B - Page 16
55575.18100\42556098.2

CONFLICT OF INTEREST CODE
OF THE

CITY OF PALM SPRINGS, CALIFORNIA
(Amended September 26, 2024)

The Political Reform Act (Government Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s C ode. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Palm Springs (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other official s and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)

Item 1B - Page 17
55575.18100\42556098.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF PALM SPRINGS
(Amended September 26, 2024)

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS

It has been determined that the positions listed below are Other City Officials who manage public investments. 1 These positions are listed here for informational purposes only.

Director of Finance and Treasurer

Financial Consultants

1 Individuals holding one of the above- listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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55575.18100\42556098.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE

CATEGORIES ASSIGNED
Accounting Manager 2
Airport Administration Manager 3
Airport Operations Manager 3
Airport Security Coordinator 3
Airport Security Manager 3
Assistant Airport Director 1, 2
Assistant City Attorney 1, 2
Assistant City Manager 1, 2
Assistant Director of Information Technology 3
Assistant Director of Library Services 3, 6
Assistant Director of Maintenance and Facilities 3, 4, 5 Assistant Director of Parks and Recreation 3
Assistant Director of Planning 1, 2
Assistant Finance Director 1, 2
Assistant Director of Special Programs Compliance 1, 3, 4, 5 Associate Civil Engineer 1, 3, 4, 5
Associate Planner 1, 4, 5
Aviation Planner 3
Budget Manager 2
Building Inspector 1, 4, 5
Building Inspector II 1, 4, 5
Building Inspector Supervisor 1, 4, 5
Building Official 1, 3, 4, 5
Business District Administrator 1, 3, 5
Chief Communications Officer 3
Chief Economic Development Officer 1, 2
City Clerk 3
City Engineer 1, 3, 4, 5
Code Compliance Supervisor 3, 4, 5
Community Development Administrator 1, 3, 6
Deputy City Manager 1, 2
Deputy Director of Aviation 1, 2
Deputy Director of Maintenance of Facilities 3, 4, 5
Deputy Director of Planning and Engineering 1, 2
Director of Communications 3

Director of Housing and Community Development
1, 2
Director of Development Services 1, 2
Director of Human Resources 3
Director of Library Services 3, 6
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55575.18100\42556098.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE

CATEGORIES ASSIGNED
Director of Public Works 3, 4, 5
Director of Office of Sustainability 3, 4, 6
Director of Parks and Recreation 1, 2
Director of Planning Services 1, 2
Director of Special Program Compliance 1, 2
Engineering Associate 1, 3, 4, 5
Executive Director of Palm Springs International Airport 1, 2 Executive Program Administrator 1, 3, 4, 5
Facilities Maintenance Manager 3, 5
Fire Battalion Chief 3, 4
Fire Chief 3, 4, 5
Fire Deputy Chief 3, 4, 5
Fire Marshall 3, 4
Fleet Maintenance Manager 3
Housing Services Administrator 3, 4, 6
Homeless Outreach Coordinator 3, 4, 6
Information Technology Director 3
Information Technology Manager 3
Maintenance Supervisor 3
Maintenance Supervisor I (Maintenance & Facilities) 3
Maintenance Supervisor II (Maintenance & Facilities) 3
Office of Neighborhoods Manager 3, 6
Payroll & Accounting Manager 2
Plans Examiner (Planning Services) 1, 4, 5
Plans Examiner II (Fire) 1, 4, 5
Police Captain 3, 4
Police Chief 3, 4
Police Lieutenant 3, 4
Police Services Manager 3
Principal Planner 1, 4, 5
Director of Procurement and Contracting 3

Procurement Specialist I 3
Procurement Specialist II 3
Project Manager (Aviation Department) 1, 3, 4, 5
Project Manager (Engineering Services) 1, 3, 4, 5
Project Manager (Maintenance & Facilities) 1, 3, 4, 5
Project Manager (Parks & Recreation) 1, 3, 4, 5
Public Information Officer 3
Real Estate Coordinator 1, 3, 5
Senior Civil Engineer 1, 3, 4, 5
Senior Public Works Inspector 1, 4, 5
Street Maintenance Manager 3, 5
Street Maintenance Superintendent 3, 4, 5
Sustainability Manager 1, 3, 4, 6
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55575.18100\42556098.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

Consultants and New Positions2

MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS:

Administrative Appeals Board 1, 4
Palm Springs International Airport Commission 1, 2
Architectural Review Committee 1, 4, 5
Historic Site Preservation Board 1, 4, 5
Human Rights Commission 6
Board of Library Trustees 3, 6
Measure “J” Oversight Commission 1, 2
Parks and Recreation Commission 1, 2
Public Arts Commission 1, 2
Rent Review Commission 1, 4, 5
Small Hotel Tourism Business Improvement District (TBID) Advisory Board, Palm Springs 1, 3 Sustainability Commission 1, 2
VillageFest Board 3, 4, 6
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55575.18100\42556098.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

PART “B”

CATEGORY 1: Real Property Interests
. All interests in real property which is
located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the CITY, including any leasehold, beneficial or ownership interest or option to acquire property.

CATEGORY 2: Investments/Sources of Income
. All investments and business
positions in business entities, and sources of income, including gifts, loans and travel payments, within the jurisdiction of the CITY.

CATEGORY 3 : Contracting/Procurement. All investments
4 and business
positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division CATEGORY 4 : Regulatory/Permits/Licensing Authority . All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.

CATEGORY 6 : Grants/Service Providers
. All investments and business
positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit or other organization, if the source is of the type to receive grants or other monies from or through the CITY.

3 This Conflict of Interest Code does not require the reporting of gifts from outside this City’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

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ATTACHMENT E

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1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

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2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's Item 1B - Page 25
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.

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4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

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5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest; Item 1B - Page 28
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
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7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.

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8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from Item 1B - Page 31
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

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10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

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11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

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12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

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13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

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14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.

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15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

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16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

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17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, Item 1B - Page 40
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Item 1B - Page 41
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, Item 1B - Page 42
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Item 1B - Page 43
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

Item 1B - Page 44

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2024

FROM: Scott C. Stiles, City Manager

BY: Procurement and Contracting Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of August 1 through August 31, 2024.

STAFF ANALYSIS:

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

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

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

REVIEWED BY:

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

ATTACHMENTS:

A. City Manager or designee authorized agreements for August 2024 B. Purchase orders for August 2024
Item 1C - Page 1
==========i __ _ ==r~======---

ATTACHMENT A

Item 1C - Page 2

STAFF AUTHORIZED AGREEMENTS
AUGUST 1, 2024 - AUGUST 31, 2024
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
24I198 PSP NEWSLETTER SUBSCRIPTION DRIP GLOBAL, INC. $21,578.40 24I200 MITEL PHONE SYSTEM SUPPORT 1 YEAR PACKET FUSION, INC. $15,000.00 24I205 CITY HALL ACCESS POINT CABLING ENDLESS ENDEAVORS DBA PRECISION

TECHNOLOGIES
$10,748.59
24I221 IAPRO AND BLUETEAM SOFTWARE & SERVICE

AGREEMENT FOR PSPD
VERSATERM PUBLIC SAFETY US, INC. $2,729.95
24S213 COMMUNITY PLUS SUBSCRIPTION FOR COMMUNITY

ENGAGEMENT PLATFORM MAINTENANCE FOR PSPD

LIGHTHOUSE HEALTH & WELLNESS DBA

LIGHTHOUSE FOR PUBLIC SAFETY
$2,400.00
24C196 FOLDER/INSERTER (RELAY 3500) AND 'SENDPRO

MAILCENTER' SOLUTIONS LEASE AGREEMENT
PITNEY BOWES, INC. $40,926.24
24I187 LEASE AGREEMENT FOR 2 SHIPPING LABEL PRINTERS
(SHIP CUBES)
PITNEY BOWES, INC. $1,505.88
24F214 FAÇADE IMPROVEMENT GRANT AGREEMENT GREEN ROOM PALM SPRINGS LLC $5,678.50 24I197 RETAIL CONSULTATION FOR RETAIL POP-UP & PALM

SPRINGS PRESENCE AT THE ICSC WEST CONFERENCE
IGNITE RETAIL PARTNERS, LLC $5,000.00

SPECIAL PROGRAMS

COMPLIANCE
24I184 ABATEMENT SERVICES: 2896 VALENCIA RD, PALM

SPRINGS
SO CAL LAND MAINTENANCE INC $1,800.00
FIRE DEPARTMENT 24I210 ARFF LIVE FIRE TRAINING FAA139 SOUTH COUNTY INDUSTRIAL EMERGENCY

COUNCIL
$23,500.00
24C218 DIGGER DERRICKS, BUCKET TRUCKS, AND UTILITY

EQUIPMENT
ALTEC INDUSTRIES, INC. $75,000.00
24I182 EMERGENCY VEHICLE UPFITTING SERVICES 10-8 RETROFIT, INC. $75,000.00 24I183 TURF REPAIR SERVICES AT CERRITOS BASEBALL FIELD BACK NINE GREENS, INC. $395.00 24I185 GLASS INSTALLATION AT LEISURE CENTER PALM SPRINGS MIRROR AND GLASS INC $538.00 24I188 ARENAS ROAD & INDIAN CANYON DRIVE PARKING

LOT WALL REPAIRS

JAMES DAWSON DBA THE MASONRY

DIVISION
$6,742.00
24I201 SERVICE & MAINTENANCE OF SPECIALTY EQUIPMENT JIMMY'S EQUIPMENT & TURF SUPPLIES, INC.
$10,000.00
24I202 FIRE SPRINKLER REPAIR SERVICES SHASTA FIRE PROTECTION, INC. $700.00 24I219 DISPOSAL OF 18 PALLETS OF HAND SANITIZER PALM SPRINGS DISPOSAL SERVICES $5,700.00 FLEET OPERATIONS 24I216 FUEL ISLAND SOFTWARE LICENSE AGREEMENT EKOS INC $8,784.00

CITY CLERK

ECONOMIC

DEVELOPMENT

FACILITIES

MAINTENANCE

INFO TECHNOLOGY
PAGE 1 OF 1
Item 1C - Page 3

ATTACHMENT B

Item 1C - Page 4

PURCHASE ORDERS
AUGUST 1, 2024 - AUGUST 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000305 A9324 ACM HIGH-BACK CHAIR ODP BUSINESS SOLUTIONS $1,928.22 25000371 A8470 POST CSA-COPPERTREE SUBSCRIPTION ENGIE SERVICES U.S. INC. $13,059.00 24000522 23S207 NEARMAP RENEWAL NEARMAP US INC $6,480.00 25000212 SITEIMPROVE RENEWAL YEAR 4 OF 4 SITEIMPROVE INC $5,098.65 25000213 24S169 GRAFFITI TRACKER PLATFORM FOR PSPD GRAFFITI TRACKER INC $6,000.00 25000214 24I171 PSP WIFI CABLING PHASE 2 PRECISION TECHNOLOGIES $15,345.31 25000219 24I156 FLOWMSP PRE-INCIDENT PLANNING SOFTWARE Y1/ FLOWMSP INC $20,250.00 25000221 A6082 LNRS DATA SERVICES SUBSCRIPTION SERVICES LNRS DATA SERVICES INC. $22,883.41 25000222 COMMERCIAL REAL ESTATE DATABASE SUBSCRIPTION COSTAR GROUP $11,449.08 25000238 A9194 LATITUDE 7230 RUGGED EXTREME TABLET DELL MARKETING LP $3,429.92 25000241 2 APC NETSHELTER ENCLOSURE RACK FOR PSPD CDW GOVERNMENT INC $5,295.08 25000256 23C169 AUTOMOX COMPLETE SUBSCRIPTION CARAHSOFT TECHNOLOGY CORPORATION $16,894.73 25000258 WIRELESS PANIC BUTTON FOR PSP IT1 SOURCE LLC $10,492.10 25000263 24I152 ONLINE LOST AND FOUND PROGRAM FOR PSP LIFF HAPPENS INC $1,021.00 25000265 23I190 FIRSTTWO LICENSE RENEWAL FOR PSPD FIRSTTWO INC $13,800.00 25000270 SECURITY CAMERA #18 REPLACEMENT FOR LIBRARY CANAL ALARM DEVICES INC $349.60 25000292 A9194 26 HUMANSCALES FLEX M2.1 MONITOR ARMS FOR

PSP OPS
DELL MARKETING LP $15,192.70
25000298 A9194 APC PDU DELL MARKETING LP $7,777.86
25000314 CITY HALL WAN EDGE IT1 SOURCE LLC $44,871.12
25000317 HDMI DISTRIBUTION AMPLIFIER FOR CC CHAMBERS TRITON TECHNOLOGY SOLUTIONS INC $798.83 25000318 4 APC SWITCHED RACK PDU CDW GOVERNMENT INC $2,774.51 25000319 POE INJECTORS FOR MULTISENSOR CAMERAS IT1 SOURCE LLC $207.79 25000320 PSP POWER OUTAGE REPAIR PROJECT UPS AND PDUS CDW GOVERNMENT INC $2,586.10 25000322 IPAD FOR CLERKS OFFICE - CASSANDRA CDW GOVERNMENT INC $1,377.62 25000323 REPLACEMENT FARGO DTC4500E ID CARD PRINTER -
JOJ
B & H PHOTO $2,511.06
25000336 BROTHER PRINTER FOR FD B & H PHOTO $319.71
25000349 REPLACEMENT UPS FOR GENETEC PANEL - PSP CDW GOVERNMENT INC $2,966.06 25000350 RICOH FI-8170 SCANNER FOR EXEC ADMIN AT PSP B & H PHOTO $1,008.81 25000351 CISCO OPTICAL TRANCEIVER MODULES AND PATCH
CABLES
FS COM INC $1,942.47

INFO TECHNOLOGY

A/CITY MANAGER ADMIN
PAGE 1 OF 6
Item 1C - Page 5

PURCHASE ORDERS
AUGUST 1, 2024 - AUGUST 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000376 24I205 CH ACCESS POINT CABLING AND INSTALLATION PRECISION TECHNOLOGIES $10,748.59 25000377 24I200 MITEL SUPPORT RENEWAL PACKET FUSION INC $15,000.00 25000386 CISCO CATALYST 9800 WIRELESS CONTOLLER I T1 SOURCE LLC $29,905.25 CITY CLERK 25000223 24I149 VALLEY MAIL DELIVERY & COURIER SRVCS VALLEY MAIL DELIVERY $37,500.00 25000306 NEW HIRE UNIFORM ORDER D ESERT PROMOTIONAL EMBROIDERY LLC $1,413.75 25000342 A9324 OFFICE SUPPLIES FOR SPECIAL PROGRAM

COMPLIANCE
ODP BUSINESS SOLUTIONS $10,000.00
25000344 24I184 PRIVATE LOT ABATEMENT SERVICE SO CAL LAND MAINTENANCE INC $1,800.00 25000339 A9266 SAFETY TRAINING PLATFORM SIMPLIFY COMPLIANCE LLC $19,466.34 25000362 23P168 MISCELLANEOUS SERVICES, NO. 1 (NOT OTHERWISE CLASS
JACOB GREEN AND ASSOCIATES INC $14,000.00
SUSTAINABILITY 25000365 23I178 PORTABLE TOILETS AND HAND WASH FOR HHW DIAMOND ENVIRONMENTAL SERVICES LP $6,678.14

COMMUNITY &
ECONOMIC DEV.
25000382 ENCROACHMENT LICENSE & ARTWORK DONATION
AGREEMENT: PRINCE & BLUE BELLY CRAB

OLD LAS PALMAS NEIGHBORHOOD

ORGANIZATION
$50,000.00
25000285 A8355 DESIGN SERVICES FOR DOWNTOWN PARK WATER

FEATURE
ENGINEERING RESOURCES OF SOUTHERN $73,840.00
25000356 23B148 QUOTE#1830301 ATTACHED. CHEMICAL PUMP AND

FITTINGS
WATERLINE TECHNOLOGIES INC $9,231.46
25000335 CANVAS BAGS B C PRINT AND CO $1,556.81
25000360 MARTIAL ARTS MATS FOR AIKIDO CONTRACTOR

PROGRAM
GREATMATS.COM CORPORATION $4,045.35
25000255 STAFF POLO SHIRTS FOR SPECIAL EVENTS/ACTIVITIES 4 IMPRINT INC $587.96 25000262 A9324 OFFICE SUPPLIES, GENERAL FOR PSPL ODP BUSINESS SOLUTIONS $11,423.52 25000271 PURCHASE OF GENERAL SUPPLIES/LIB. MATERIALS AMAZ ON COM $10,000.00 25000366 A9324 OFFICE SUPPLIES, GENERAL FOR WMML ODP BUSINESS SOLUTIONS $5,000.00 25000215 HELMETS AND TCI HEADSETS L N CURTIS AND SONS $23,964.12 25000254 VESTS FOR PD G ALLS LLC $490.44
25000315 24I167 PSPD BACKGROUND INVESTIGATION SERVICES ASM CONSULTING & INVESTIGATIONS INC $35,000.00 25000343 PATROL AMMUNITION FOR PSPD RANGE MI WALL CORPORATION $1,871.46 25000345 TRAINING AMMUNITION FOR PSPD RANGE D OOLEY ENTERPRISES INC $3,211.00 25000352 TOTE DOLLY - STEEL ULINE $310.04
25000354 4D 4-AXIS CINEMA CAMERA B & H PHOTO $6,961.22 25000355 23I237 BIOHAZARDOUS SITE CLEANUP SERVICES AMBK INC $25,000.00 25000358 MATERIALS & SUPPLIES FOR PSPD AMAZ ON.COM SALES INC $10,000.00

HUMAN RESOURCES

SPECIAL PROGRAMS

COMPLIANCE

POLICE DEPARTMENT

LIBRARY

PARKS MAINTENANCE

MECHANICS

RECREATION

DEPARTMENT
PAGE 2 OF 6
Item 1C - Page 6

PURCHASE ORDERS
AUGUST 1, 2024 - AUGUST 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000217 ARFF 151 GROUND/TOWER RADIO AIRWAVE COMMUNICATIONS

ENTERPRISES INC
$2,392.65
25000266 YOUTH CADET PPE SOCAL PPE LLC $3,477.90
25000307 24I176 ARFF COMMAND AND CONTROL TRAINING SOUTH COUNTY INDUSTRIAL EMERGENCY

COUNCIL
$8,500.00
25000321 G2 HDTV REMOTE MODULE US DIGITAL DESIGNS INC $975.67 25000346 MEDICAL SUPPLIES - CRITICAL RESPONSE GLOVES PROFESSIONAL MEDICAL WAREHOUSE, I
NC
$29,321.50
25000383 ARFF SOLBERG FOAM ALL TERRAIN FIRE SUPPORT INC $68,035.43 25000385 24I210 ARFF LIVE FIRE TRAINING FAA139 SOUTH COUNTY INDUSTRIAL EMERGENCY

COUNCIL
$23,500.00
PLANNING 25000209 24I170 HISTORIC MARKERS FOR PROPERTIES DESERT PROMOTIONAL EMBROIDERY LLC $10,000.00 25000243 24Q094 CP 08-25, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $15,000.00 25000246 24Q094 CP 01-11, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $30,000.00 25000272 24Q094 CP 06-18, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $15,000.00 25000273 24Q094 CP 12-04, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $15,000.00 25000303 24Q094 CP 15-32, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $5,000.00 25000304 24Q094 CP 16-18, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $10,000.00 25000308 24Q094 STORM DRAIN 20, PROJECT ADMIN SERVICES NAI CONSULTING $20,000.00 25000310 24Q094 HILARY SUPPORT, PROJECT ADMIN SERVICES NAI CONSULTING $20,000.00 25000311 24Q094 NAV CENTER HUD, PROFESSIONAL ADMIN SERVICE NAI CONSULTING $20,000.00 25000312 24Q094 CP 18-05, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $20,000.00 25000313 24Q094 CP 23-12, PROJECT ADMINISTRATION SERVICES NAI CONSULTING $15,000.00 25000225 PSP EMPLOYEE PARKING PERMITS RYDIN (DRI-STICK DECAL) $3,047.22 25000233 23P202 PSP IFE FOR NEPA AND CEQA STRATEGY DOCUMENT ACCENTURE LLP $3,640.00 25000242 PSP PLUMBING PARTS DESERT DISCOUNT PLUMBING SUPPLY INC $16,767.96 25000249 23P202 PSP CONSULTING IFE TAXIWAY ACCENTURE LLP $6,500.00 25000250 23Q388 PSP GATE STRIPING MODIFICATIONS R S AND H CALIFORNIA INC $11,525.00 25000251 23Q236 CONSULTING SERVICES M ARTHUR GENSLER JR AND ASSOCIATES INC
$59,850.00
25000252 23Q387 PSP CONSULTING SERVICE FOR SHADE STRUCTURES INSTAL
AECOM TECHNICAL SERVICES INC $58,800.00
25000253 23B364 PSP FLOORING REMOVAL AND REPLACEMENT GENESIS FLOOR COVERING INC $11,430.00 25000259 24I135 PSP MEETING MINUTE PREPARATION SERVICES CITY CLERK MANAGEMENT SERVICES INC $7,000.00

FIRE DEPARTMENT

AVIATION DEPARTMENT

ENGINEERING - PUBLIC
WORKS
PAGE 3 OF 6
Item 1C - Page 7

PURCHASE ORDERS
AUGUST 1, 2024 - AUGUST 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000260 A9071 PSP CERTIFY 9 PBB POTABLE WATER BACKFLOWS KINCAID INDUSTRIES INC $2,463.68 25000279 A9065 PSP MECHANICAL ROOM REKEY - BG 20 VALLEY LOCK AND SAFE $217.31 25000280 A9253 PSP MISC TECHNOLOGY & SECURITY REPAIRS JULIO G ESCOBEDO JR $3,000.00 25000282 23P201 PSP DEVELOP A ROM COST ESTIMATE FOR CIP

PROJECTS
MARRS SERVICES INC $20,000.00
25000290 23B204 PSP REMOVE AND REPLACE ENTRY GATE TO ALEJO YARD
RED HAWK SERVICES INC $9,936.99
25000299 PSP PURCHASE PRODUCTS - SIGNS & LABEL

PRINTER/MAKE
GRAPHIC PRODUCTS INC $4,857.14
25000324 A9276 PSP RADIO PURCHASE AND INSTALLATION SERVICES AIRWAVE COMMUNICATIONS

ENTERPRISES INC
$1,854.51
25000325 A9276 PSP VEHICLE AVIATION AND PSEC RADIOS LANDSIDE OPS

AIRWAVE COMMUNICATIONS

ENTERPRISES INC
$5,503.27
25000326 23B363 PSP WEED ABATEMENT SERVICES DEANGELO CONTRACTING $70,000.00 25000359 A9065 PSP REKEY UNIFI AIRLINE OFFICE IN TICKETING DOOR VALLEY LOCK AND SAFE $206.39 25000361 24I069 PSP FIRST AID, CPR, AND AED STAFF TRAININ AMERICAN NATIONAL RED CROSS & ITS

CONSTITUENT
$3,352.00
25000205 A8470 WELWOOD VRF REPAIR ENGIE SERVICES U.S. INC. $5,970.00 25000208 A9232 POLICE STATION GYM - DEEP CLEANING OF FLOORS VERDE FACILITIES SERVICES LLC $335.81 25000218 NEW AMEREX 15.5LB. HALOTRON 398
EX

TINGUISHER
DESERT FIRE EXTINGUISHER CO INC $9,777.60
25000220 A9324 CUBICLES FOR ADMIN IN PUBLIC WORKS ODP BUSINESS SOLUTIONS $52,274.42 25000226 24B129 SEWER LINE REPAIR KINCAID INDUSTRIES INC $11,103.04 25000228 A9079 SIGNAGE REMOVAL AJ FISTES CORPORATION $3,200.00 25000229 A9232 DHUC BASKETBALL COURT CUSTODIAL SERVICES 8/05-8/09
VERDE FACILITIES SERVICES LLC $762.17
25000264 A9232 SUNRISE PAVILION - WEEKLONG CUSTODIAL

COVERAGE
VERDE FACILITIES SERVICES LLC $671.11
25000267 24I175 SWIM CENTER MECHANICAL SYSTEM ASSESSMENT AQUATIC STUDIO INC $10,000.00 25000268 A9069 REPLACE DEFICIENT CHILLED WATER PUMP ALLISON MECHANICAL INC $4,009.85 25000274 20 HP MOTOR REFRIGERATION SUPPLIES DISTRIBUTOR $3,984.11 25000276 A9232 DHUC BASKETBALL COURT CUSTODIAL SERVICES 8/12-8/16
VERDE FACILITIES SERVICES LLC $762.17
25000277 A9232 PAVILION/FARMER'S MARKET CUSTODIAL COVERAGE VERDE FACILITIES SERVICES LLC $482.64

FACILITIES

MAINTENANCE

PAGE 4 OF 6
Item 1C - Page 8

PURCHASE ORDERS
AUGUST 1, 2024 - AUGUST 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000278 A8374 PUMPING, TRANSPORTATION, & DISPOSAL OF

CLARIFIER
ALPHA PETROLEUM TRANSPORT INC $5,218.20
25000281 24B022 ASBESTOS, LEAD, AND MOLD ASSESSMENT SURVEY TERRACON CONSULTANTS INC $2,596.00 25000291 A8470 AIRPORT INTEGRATION OF (1) VAV CONTROLLER ENGIE SERVICES U.S. INC. $14,303.00 25000300 24I183 TURF REPAIRS AT CERRITOS BASEBALL FIELD BACK NINE GREENS INC $395.00 25000309 24I188 REPAIR AND REPLACE PARKING LOT WALL JAMES DAWSON $6,742.00 25000328 A9232 PAVILION/FARMERS MARKET CUSTODIAL COVERAGE 08/19-2
VERDE FACILITIES SERVICES LLC $602.28
25000329 A9232 DHUC BASKETBALL COURT CUSTODIAL SERVICES 8/19-8/23
VERDE FACILITIES SERVICES LLC $762.17
25000330 24B143 BATHROOM REPAIR, INSTALLATION, AND MATERIALS SAMUEL SAUCEDO GALVAN $11,995.00 25000337 23B123 QUOTE ATTACHED. TREE REMOVAL AND REPLANT AT MIZELL
WEST COAST ARBORISTS INC $915.00
25000353 EMERGENCY FLOOD REMEDIATION SERVICES AFTERMATH RESTORATION INC $25,729.25 25000367 24B022 CITY HALL-ASBESTOS, LEAD, AND MOLD SURVEY TERRACON CONSULTANTS INC $2,596.00 25000368 A9232 DHUC BASKETBALL COURT CUSTODIAL SERVICES 8/26-8/30
VERDE FACILITIES SERVICES LLC $762.17
25000369 A9232 PAVILION/FARMERS MARKET CUSTODIAL COVERAGE 08/26-3
VERDE FACILITIES SERVICES LLC $602.28
25000372 23B003 COGEN PLANT - INSTALL INDUSTRIAL FENCE MOORE FENCE COMPANY INC $69,422.09 25000374 24I202 FIRE SPRINKLER REPAIR SERVICES SHASTA FIRE PROTECTION INC $700.00 25000384 A8355 PALM SPRINGS PARKING STRUCTURE REPAIRS ENGINEERING RESOURCES OF SOUTHERN $7,040.00 25000203 23S060 TIRES, BRAKES, TAIL LIGHT FIX FOR UNIT 097 JORDAN FREEMAN $2,059.31 25000204 A9190 TOWING SERVICES FOR UNIT 171 MOHICA TOWING $245.00 25000227 A9153 15W40 OIL 85GAL FOR STOCK SC COMMERCIAL LLC $1,606.44 25000231 A9265-B REPAIR SERVICE FOR UNIT #3108E SVT FLEET LLC $5,105.77 25000283 A9190 EMERGENCY TOW FOR UNITS 016 AND 048 MOHICA TOWING $460.00 25000289 A9241 COLLISION REPAIR UNIT 301017 J & L AUTO BODY INC $8,571.03 25000295 A9265-B REPAIRS ON UNIT 6100E SVT FLEET LLC $2,590.35 25000296 A9265-B REPAIR SERVICES FOR UNIT 217 SVT FLEET LLC $1,417.50 25000297 A9265-B REPAIR SERVICE ON UNIT 218 SVT FLEET LLC $6,777.19 25000302 24I185 REPLACE BROKEN GLASS AT LEISURE CENTER PALM SPRINGS MIRROR AND GLASS $538.00 25000331 A9296 EMERGENCY TOW FOR UNIT 223 PLAZA TOWING INC $990.00 25000332 A9135 AFTER HOURS SERVICE CALL FOR DOOR REPAIR AT FIRE S
OLLIN DOCK & DOOR INC $4,426.32

FLEET OPERATIONS

PAGE 5 OF 6
Item 1C - Page 9

PURCHASE ORDERS
AUGUST 1, 2024 - AUGUST 31, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000333 A9135 FIRE STATION 1 (REMOVAL OF DAMAGED PARTS AND INSTA
OLLIN DOCK & DOOR INC $14,142.60
25000334 A9135 REPAIRS ON CITY YARD GATE (REPLACED DAMAGED TRACK,
OLLIN DOCK & DOOR INC $4,531.33
25000338 A9065 RE-KEY 10 NEW PD UNITS TO MATCH EXISTING PD FLEET
VALLEY LOCK AND SAFE $5,000.00
25000357 24I182 EMERGENCY VEHICLE OUTFITTING SERVICES 10-8 RETROFIT INC $4,103.12 25000378 23S060 MOTORCYCLE BATTERY REPLACEMENT ON UNIT #097 JORDAN FREEMAN $368.59 25000379 23S060 OIL CHANGE, BRAKES AND TIRES ON UNIT #097 JORDAN FREEMAN $2,281.08 25000380 A9190 EMERGENCY TOW FOR UNIT 035 MOHICA TOWING $230.00 25000207 A9192 SIGNS CITYWIDE PACIFIC PRODUCTS AND SERVICES LLC $6,201.36 25000210 A9192 GLASS BEADS FOR STRIPING AND SIGN MATERIALS PACIFIC PRODUCTS AND SERVICES LLC $6,616.18 25000211 A9192 GLASS BEADS FOR STRIPING AND SIGN MATERIALS PACIFIC PRODUCTS AND SERVICES LLC $1,065.19 25000261 A9192 QUOTE# 23398 ATTACHED. POSTS AND ANCHORS

FOR SIGNS
PACIFIC PRODUCTS AND SERVICES LLC $8,711.60
25000341 24B083 CONCRETE FOR PS STADUIM HARDY AND HARPER INC $30,000.00 25000370 24B083 CITY HALL CONCRETE HARDY AND HARPER INC $11,816.00 25000373 24C172 SKID STEER AND GRINDER SUNBELT RENTALS INC $4,847.67 25000375 DG FOR DEMUTH PARK WHITEWATER ROCK & SUPPLY CO $4,730.09

DOWNTOWN PARKS

MAINTENANCE
25000240 24I061 CERRITOS BASEBALL FIELD MAINTENANCE BACK NINE GREENS INC $9,980.00

DOWNTOWN

MAINTENANCE
25000301 CHAINSAW, BATTERY, AND OTHER SUPPLIES EWING IRRIGATION PRODUCTS $3,632.19 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

STREETS MAINTENANCE

PAGE 6 OF 6
Item 1C - Page 10

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: APPROVE GOODS PURCHASE AGREEMENT 24B217 WITH VOGEL TRAFFIC SERVICES, INC. FOR TRUCK MOUNTED STRIPING MACHINE

FOR PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation
Department of Public Works

SUMMARY:

This action will approve Agreement No. 24B217 with Vogel Traffic Service, Inc . in an amount not to exceed $ 421,557 for Truck Mounted Striping Machine for Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement 24B217 (Attachment A) with Vogel Traffic Service, Inc . to provide Truck Mounted Striping Machine for Palm Springs International Airport in an amount not to exceed $421,557;

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 1, 2024, Vogel Traffic Services, Inc. dba EZ Liner is registered in the State of Iowa and California.

BACKGROUND:

The Airport requires regular maintenance of its pavement markings across both airside and landside areas to ensure compliance with Federal Aviation Administration (FAA) regulations, enhance safety, and to maintain safe operations. This includes runways, taxiways, and aprons on the airside, as well as parking lots, roadways, and other paved surfaces on the landside. The current method of repainting these markings is labor - intensive and time- consuming, often requiring the closure of critical areas for extended Item 1D - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Award Truck Mounted Striping Machine Contract

periods. The proposed truck mounted paint striping machine will be used specifically for maintaining pavement markings on the Airport runways.

The purchase of this specialized equipment is crucial for enhancing the A irport's maintenance capabilities and ensuring the highest standards of safety and efficiency in pavement marking operations across all airport areas. In order to improve efficiency and minimize disruptions to both airside and landside operations, staff proposes the purchase of a truck mounted paint striping machine.

STAFF ANALYSIS:

The purchase of a truck mounted paint striping machine would provide several significant benefits to the Airport's airside and landside operations. The machine would substantially increase efficiency by reducing the time required for painting operations, thereby allowing for more frequent and timely maintenance of pavement markings throughout the Airport.

This improved efficiency translates directly to enhanced safety, as quicker painting operations would reduce the duration of area closures, minimizing the risk of operational disruptions in both airside and landside areas.

While there is an initial investment, the machine is expected to yield long- term cost savings by reducing manual labor requirements and shortening closure periods across all Airport areas. The machine will aid in ensuring compliance with FAA regulations for airside markings, as well as local and state regulations for landside markings, which are critical for the safe operation of both aircraft and vehicles.

The truck mounted design offers versatility, allowing for easy transportation and use across various areas of the Airport, including runways, taxiways, aprons, parking lots, and access roads. Using a single machine for both airside and landside markings will ensure consistency in quality and appearance throughout the A irport, contributing to a unified and professional aesthetic.

To procure this equipment, an Invitation for Bids (IFB 24 -19) was initiated by the City’s Procurement and Contracting Department on July 1, 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. Two bids were received by the August 1, 2024, deadline as follows:

Vendor Bid
Vogel Traffic Services, Inc. – Orange City, IA $421,557.00 M-B Companies, Inc. – New Holstein, WI $487,468.00

Staff recommends approval of Contract Services Agreement No. 24B217 with Vogel Traffic Services, Inc. in the amount not to exceed $421,557.

Item 1D - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
Award Truck Mounted Striping Machine Contract

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

The total cost of the truck mounted paint striping machine from Vogel Traffic Services, Inc. is $421,557, which is within the amount budgeted in the Fiscal Year 2024-25 budget under Airport account number 4167065- 60020. This account is designated for capital equipment purchases for the Airport, covering both airside and landside needs.

REVIEWED BY:

Assistant Director of Maintenance and Facilities: Daniel Martinez Director of Public Works: David McAbee
Executive Director of Aviation: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 24B217
B. Public Integrity Disclosure
Item 1D - Page 3

ATTACHMENT A
Item 1D - Page 4
1 CITY OF PALM SPRINGS
GOODS PURCHASE AGREEMENT 24B217

TRUCK MOUNTED STRIPING MACHINE FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

This Goods Purchase Agreement (“Agreement”) is entered into this 30 th day of September 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Vogel Traffic Services, Inc. dba EZ Liner , an Iowa Corporation (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

1. D EFINITIONS.
a. “ Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
b. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City , ready for approval, testing and/or use as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

2. P RICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “B”, attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. The total amount of Compensation shall not exceed $421,557.00

3. T ERM.

Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on September 30, 2024, and ending on September 29 , 2025, unless extended by mutual written agreement of the Parties.

4. I NSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under this Agreement . The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City ’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Item 1D - Page 5
2 5. W ARRANTY.
a. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of One (1) year or more on mechanical or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under this Agreement . Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. b. Supplier further warrants that all machinery, equipment , or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City ’s inspection, testing, approval, or acceptance of any such machinery, equipment , or process will not relieve Supplier of its obligations under this paragraph. c. For any breach of the warranties contained in this Section, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
i. Repair the defective Goods;
ii. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
iii. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City , including but not limited to, the costs of removal, repair , and replacement of the defective Goods, and reinstallation of new Goods . All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
d. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods . Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
e. In the event of a breach by Supplier of its obligations under this Section, City will not be limited to the remedies set forth in this Section, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Item 1D - Page 6
3 6. C HANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

7. P AYMENTS.
a. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. b. If Progress Milestones have been specified in Exhibit “A,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.

Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “ A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes.

Each “Item for Payment” shown in Exhibit “ A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “ A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. c. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier ’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. d. Payment of the final Progress Milestone payment or any retention will be made by City upon:
i. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “ A” and in the amount associated with the Progress Milestone;
ii. Written acceptance of the Goods by City;
iii. Delivery of all drawings and specifications, if required by City; iv. Delivery of executed full releases of any and all liens arising out of this Agreement; and
Item 1D - Page 7
4 v. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. e. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier , its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

8. S CHEDULE FOR DELIVERY.

The time of Supplier ’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “ A.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.

In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $ 0.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).

9. T AXES.

Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier . In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier . Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.

Item 1D - Page 8
5 Nothing in this Agreement shall be construed to be inconsistent with this relationship or status.

All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

11. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City . Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier ’s property used in the construction of the Goods but which does not become a part of the Goods.

12. INDEMNIFICATION.
a. To extent permitted by law, Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier , its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of damages , attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City . Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
b. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents , or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding.

Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

13. INSURANCE.
a. General. Supplier shall take out and maintain:

Item 1D - Page 9
6 i. Commercial General Liability Insurance, of at least $1 ,000,000 per occurrence/ $2 ,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; ii. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non- owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
iii. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
iv. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
v. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
b. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self -insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. c. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A -:VII, licensed to do business in California, and satisfactory to the City.
d. Evidence of Insurance . Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City . All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Item 1D - Page 10
7 e. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

14. LIENS.

Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier , subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

15. TERMINATION OF AGREEMENT BY CITY.
a. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City ’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
b. City may, for its own convenience, terminate Supplier ’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier . Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
c. On receipt of notice under this Section, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, i. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, Item 1D - Page 11
8 ii. Unless otherwise directed by City , make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
iii. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
d. Upon termination pursuant to this Section, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to this Section.

16. FORCE MAJEURE
Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting Goods described herein if such failure or delay is due to a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (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 Goods); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

17. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
a. Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Supplier, 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 Supplier or its successor, or for breach of any obligation of the terms of this Agreement.
b. Conflict of Interest. Supplier acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Supplier 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.

Supplier warrants that Supplier has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

Item 1D - Page 12
9 c. Covenant Against Discrimination. In connection with its performance under this Agreement, Supplier 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”). Supplier 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, Supplier certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Supplier 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 Supplier 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.

18. MISCELLANEOUS PROVISIONS.
a. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager

SUPPLIER:

Vogel Traffic Services, Inc. dba EZ Liner
1920 Albany PI SE
Orange City, IA, 51041
Attn: Mike Peterson

Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. b. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. c. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

Item 1D - Page 13
10 d. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
e. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. f. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
g. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. h. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
i. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
j. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
k. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
l. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
m. City’s Right to Employ Other Supplier s. City reserves its right to employ other contractors in connection with the Goods.
n. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. o. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

Item 1D - Page 14
11 19. 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.

20. FEDERAL PROVISIONS.

Since funding for the Goods is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]
Item 1D - Page 15
12 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS
AND VOGEL TRAFFIC SERVICES, INC. DBA EZ LINER

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

CONTRACTOR:

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

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _________________ Item No. _________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1D - Page 16
13 Exhibit A
Goods Specifications
And
Delivery Schedule
[ATTACHED]

Item 1D - Page 17
14 Background:

The Palm Springs International Airport is in need of one (1) Truck with a Mounted Paint Striping Machine to satisfy demands for maintaining pavement markings at the airport runways.

Scope:

A. The contractor must supply One (1) Truck with a Mounted Striping Machine per specifications below.

1. Performance specification: Unit shall be capable of applying up to a 36” wide retro- reflective line using minimum of 4 paint and 4 bead guns, each gun spraying a 9” wide line with no gap between each line. Paint application speeds shall be from 3 to 6 MPH. Application rates of 15 to 20 mil wet film thickness waterborne Type III traffic paint and 6 lbs./gal and Type III glass beads. Independent carriage steering systems allow individual adjustment of the gun carriages from the rear operator’s stations.

2. Equipment platform: The construction shall be of 3/16” thick smooth aluminum deck plate 88” wide x 197” long with 4” long aluminum sills, 3” aluminum cross members with integrally formed rub rail. Black abrasive anti-slip 6” wide strips with 3” spacing shall be provided. A canopy shall be provided above the operator station.

Deck shall be installed on chassis frame rails using 8” steel risers bolted to the chassis frame rails and long sills. The railings shall be 42” high with mid rail welded to deck. Two (2) 32” high fold up steel ladders with a chrome grab handle on each side of ladder openings shall be provided. At the operator station the railing shall be 32” high with a mid-rail. Steel rear bumper with stair step rear access incorporated into the design with right side hand railing. Removable aluminum rear fenders with aluminum guard forward and to the rear shall be provided. Two (2) 10# fire extinguishers and two (2) cup holders shall also be provided. The auxiliary engine and air compressor shall remain their original factory powder coat colors. The underside of the deck will be the same color as the top of the deck. All coatings shall be lead free. White is the standard factory powder color for the deck. Black powder coating shall be used on under deck components, brackets, and gun carriages.

3. Toolboxes: Two (2) toolboxes approximately 18” X 14” X 24” on the deck near the rear corners, facing outwards from the deck.

4. Operator seats: Two (2) Bostrom high back black vinyl covered seats with seat belts and inside arm rests. Seats to be mounted on top of toolboxes. At the top of the railing at each operator station, a black vinyl covered padded armrest 3”x18” shall be provided.

5. Gun carriages: Municipal type left, and right-side gun carriages shall be mounted in front of the rear axle for proper painting of curve radius. Each carriage shall be supported by a single outrigger tube retractable structural steel slide with UHMWPE bearing material and a single standard gun carriage tire installed in a center swivel.

Carriages shall be supported by auto-lock brackets in the transport position and adjustable gun brackets are to be zinc plated. Four (4) paint guns and four (4) bead guns installed on left gun carriage and two (2) paint guns and two (2) bead guns on the right gun carriage. The configuration shall be as follows:

Item 1D - Page 18
15 LEFT CARRIAGE: RIGHT CARRIAGE:

Y/W Y/W Y/W Y/W Y/W Y/W
Bd Bd Bd Bd Bd Bd

6. Front Mechanical line guide: A front mount laterally adjustable line guide shall be provided with 6’ to 10’ expansion and an 11” diameter pneumatic tire (4.10 x 3.50-4, greaseable bearings) on a swivel caster. A pneumatic lift cylinder shall be installed with switch in chassis cab console.

7. Paint supply: A stainless steel paint tank shall be provided with two sections. Each section shall have a volume of 115 gallons for a total volume of 230 gallons. The tank shall have a bottom that slopes 2” toward the outlets. A 4” splash area shall be calculated into the volume of the tanks. A graphite-based coating shall line the inside of the tanks to be easily scraped clean to the stainless surface at the end of the 1st session of use. Two (2) hydraulic powered agitators shall be provided, one for each section.

8. Low pressure paint pumps: Two (2) ARO Model 666151-244-C 1 ½” paint load/charge pumps with 100 sq. in. filter with 1/8” screen holes. Two 2” x 12’ load hoses with cam & groove fittings on both ends (for capability to connect to tote outlets). Low pressure paint pumps to be used to load paint and to charge the high- pressure paint pumps.

9. High pressure paint pumps: Two (2) Titan/Speeflo Model 445-345 paint pumps with packing rated at 13.0 GPM @ 2000 PSI shall be provided. Each pump shall be equipped with an 18 sq. in. high-pressure stainless-steel paint filter with 40 mesh screens, an ASME high -pressure stainless-steel surge chamber and check valve.

10. Paint guns: Six (6) Graco Model 238-377 paint guns with heavy duty reverse-a- clean spray tips shall be provided, size to be determined. ¾” ID high-pressure paint hose shall be provided from ASME surge chambers to two separate paint manifolds on each gun carriage. Jumper hoses 3/8” ID shall be provided from paint manifold to dual color paint guns, with 2 shutoff ball valves at each dual port gun inlet to allow spraying of either yellow or white with any paint gun determinant on the job at hand.

11. Handgun: A Greco Flex handgun with 20” extension, 25-foot ¼” hose, and quick connect to the white surge chamber shall be provided. The hose can be stored on a rack on the rear of the deck.

12. Bead supply: A 1000# (1700# of Type III) glass bead tank with three (3) 2” sight glasses shall be provided.

13. Vacuum bead loading: A vacuum bead loading system shall be provided powered by a jet pump with muffler. A 2”x12’ load hose shall be provided with cam & groove fitting on the tank end and a nipple on the other. A splitter/screen shall be installed in the neck of the bead tank to keep foreign objects from entering the bead system.

14. Bead guns: Six (6) Graco Model 238-338 bead guns shall be provided. Full length ¾” ID clear poly-spring bead hoses to be provided from the bead manifold under the bead tank to the bead guns.

Item 1D - Page 19
16 15. Air supply: Air supply shall be supplied by a hydraulically driven air compressor rated at 85 cfm @ 110 PSIG. The system shall include an air after cooler, 12-gallon air tank, and LaMan 111F extractor/dryer with auto drain. Two (2) air take off quick disconnect ports shall be provided – one for each gun carriage. A preset regulator shall be provided for carriage down pressure. A liquid filled system air pressure gauge shall be provided at the operators’ station along with liquid filled gauge and air pressure regulator for bead tank pressure. Regulators for LP pumps will be mounted at the pumps.

16. Auxiliary Engine: A Kubota 87 HP @ 2600 rpm 4-cylinder gasoline engine with 100-amp alternator shall be provided with controls at rear operator position, fuel drawn from chassis fuel tank and separate battery. The engine shall have a sound attenuation package and vertical exhaust with an approximately 24” extension with rain cap. Must be compliant to AQMD and CARB regulations.

17. Hydraulic Power: a 50-gallon hydraulic oil reservoir with sight level/temperature gauge, suction screen and return line filter with service indicator and 10-micron cartridge type breather filter shall be provided along with a direct driven pressure compensated piston type hydraulic pump 3.66 C.I.R. and a direct driven 3.0 C.I.R. gear pump and flow regulator to control hydraulic flow to air compressor motor. A hydraulic oil cooler shall be provided with 12vDC fan controlled with a preset temperature switch. Gun carriages shall be positioned using a power steering system with tilt steering wheel with spinner knob at each operator position and 5’ hydraulic cylinder for each carriage. A hydraulic stand-by state of the pressure compensating pump shall allow for easy starting of the auxiliary engine. High pressure paint pumps shall be manually controlled.

18. Electrical system: A chassis cab control console shall be provided in the chassis cab containing the driver’s controls for the paint striping body. Each circuit shall be color coded wire and shall have circuit protection. The wiring harnesses between the junction blocks to be protected by protective split loom covering. An LED white/red light with self-contained switch installed above each rear operator position. The electrical junction blocks and main components of the time system shall be installed in an above deck weatherproof electrical box.

19. Skip line control system: One (1) Skip-Line, Inc. Model SC-12 four-line controller shall be provided to be used for either side gun carriage operation. Ground speed signal shall be obtained from a heavy-duty aluminum wrap installed on the chassis drive shaft.

20. Intercom system: A three position David Clark Model U3800 intercom system shall be provided with a dual headset port at the driver’s position and a single port at each operator position. The following headsets shall be provided – one (1) Model H3492 single muff and two (2) H3432 dual muff design. Three (3) headset storage hooks shall be provided. A David Clark radio interface module shall be installed to allow intercom communication with the Airfield radio system when installed by the airports on call radio vendor.

21. Safety Lighting: The following Whelen Led amber strobe lights shall be provided – Four (4) Model L41AP 360° Super-LED beacons, one on each front corner of the deck and one on each of the rear corners of the canopy, and two (2) Model LINV2A Item 1D - Page 20
17 Super-LED 180° mini strobe lights on gun carriages with one installed on outside edge of each gun carriage.

22. Electric actuators: Six (6) electric gun actuators shall be provided to remotely adjust the height of the paint guns. Four (4) control switches labeled “gun raisers” shall be provided on the Model SC-12 Master Control Box to control the height of the pain guns on each respective gun carriage.

23. Work Lights: Eight (8) LED 2000 Lumen lights; one (1) light illuminating front line guide; two (2) deck lights on canopy facing forwards; one (1) load light under deck near LP pumps, (4) carriage lights, 1 behind and in front of each carriage, 2 total LED dome lights in operator area, one over each seat area with red/white option.

24. Guidance lasers: One (1) LaserLine MFG, Inc. Model GL3000-P Remote controlled guidance laser shall be mounted on the lightbar bracket on the roof of the chassis cab. The remote control shall be located near the driver’s position. The controller allows the driver to turn the laser on or off and to remotely position the laser beam.

Two (2) LaserLine MFG, Inc. Model GL3000-PM Manual carriage lasers shall be mounted one on the outside of each gun carriage as an aid to positioning the gun carriage. The controls for on/off, steady burn or blinking mode shall be located at the operator positions. The lasers shall be manually repositioned when necessary.

25. Drawing & technical literature: A complete set of drawings shall be submitted.

These drawings shall show the deck layout and weight distributions of the proposed unit. Descriptive literature, technical data and photographs shall be included with the proposal.

26. Manuals: Two (2) sets of Operation/Maintenance manuals shall be provided for the pain striping body on flash drives. The basic chassis information packet shall be provided for the chassis.

27. Cab & Chassis: Must be compatible with truck mounted striping machine to include back-up camera, AM/FM/CD/USB/Bluetooth stereo radio, power windows and door locks, air condition, automatic transmission, back-up alarm, back-up camera system, cab painted white. Must be compliant to AQMD and CARB regulations.

28. Preconstruction & inspection meeting: A preconstruction meeting and final inspection meeting will be held with vendor. The proposal shall include any necessary cost to host requested meeting to include flights and lodging for two Fleet Operations staff.

29. Warranty: Will be for a minimum of twelve months from the date of sale of the equipment.

30. Training: Training to be included, 2 days of training by an experienced factory- trained technician in or around Palm Springs, CA following delivery.

31. Availability: Determined at the time of order.

32. Delivery: FOB Palm Springs, CA. Freight costs shall be included in proposal.

Item 1D - Page 21
18 33. Spare Parts Kit: To include the following:
a. (6) A54-01-1061 b. Humphrey M310 air solenoids
c. (1) 80395 d. Boss Industries air compressor
50 hr. service kit
e. (1) 080SKA f. LaMan Service Kit for Model
111F
g. (1) C28-01-3016 h. Hydraulic oil filter 10 micron
i. (1) 238-338 j. Graco bead gun
k. (3) 238-340 l. Graco bead gun repair kits
m. (2) 93944-40 n. ARO 40 mesh HP fluid section
repair kits
o. (1) 238-377 p. Graco paint gun
q. (3) 238-339 r. Graco paint fun repair kits
s. (2) 350-330 t. Titan/Speeflo 13 GPM HP fluid
section repair kits
u. (6) XHD-TBD v. Graco HD reversible paint tips
w. (1) 206-995 x. One quart Graco TSL
y. (1) 314-482 z. One-quart Titan Liquid Shield
Plus
aa. (1) G01-00-7223 bb. Electric actuator
cc. (2) H69-01-8138 dd. Wheel, 10x3.40/3.00 for line
guide or gun carriage
ee. (1) J99-00-0328 ff. Grease gun
gg. (1) J99-00-0329 hh. Grease
One gallon of air compressor fluid
ii. (1) J31-00-0265 jj. One gallon of hydraulic fluid
kk. (1) RB-9410 ll. EZ-Slide graphite coating aerosol
can
mm. (1) J99-00-0330 nn. Yard/garden sprayer
Item 1D - Page 22
19 oo. (1) J99-00-0331 pp. WD-40 for coating carriage
qq. (2) D33-00-4105 rr. CAM Lock gaskets
ss. (1) J99-00-0332 tt. Assortment of wire ties
uu. (1) J99-00-0333 vv. Teflon tape
ww. (1) J99-00-0334 xx. Teflon tape-wide for LP
yy. (1) J99-00-0207 zz. Thread sealant
aaa. (1) 011-W180-00 bbb. Spare threaded tee handle
set screw for line guide
ccc. (1) Z82-71-9925 ddd. Spare cotter pin
eee. (1) Z82-75-0420 fff. Spare ring clip
ggg. (1) Z82-98-0606 hhh. Spare chain link adapter with threaded openings

(1) 000-A301-00 CALIBRATION KIT to include Mil thickness gauge, Paint line thickness test plates, three-gallon paint catch vessel, five-gallon calibration pail, graduated bead catch vessel, fifty-foot measuring tape, Bead catch measure chart, traffic paint coverage calculator.
(1) FUSE KIT to include (1) 80A main fuse, (2) 30A secondary fuses, (1) 50A, (1) 2A in line glass fuse, (3) 15A breakers, (1) 2A breaker, (1) main contractor, (1) R1 50A power relay connector, (1) R1 50A SPDT relay, (1) spare sensor proximity switch, electrical tape.
(1) 020-A005-00 PAINT CARTRIDGE TOOL KIT to include 3/8” combination wrench. Stubby, 3/8” combination wrench, long handle, 5/16” combination wrench, 5/16” combination wrench, long handle, ½” combination wrench, 1/2” combination wrench, long handle, ¾” combination wrench, 5/8” combination wrench, ¾” combination wrench, 1” combination wrench, 10” straight jaw channel lock, 6” side cutter, 5/16” nut driver, 3/32” flat screw driver, 5/32” flat screw driver, #00 Phillips screw driver, #2 Phillips screw driver, 16” flat jaw channel lock, fold up Allen wrench set, 5/64 to ¼, wire brushes.
.

Item 1D - Page 23
20 Exhibit B
Fee Schedule
[ATTACHED]

Item 1D - Page 24
21 Item 1D - Page 25

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 24-19)

TRUCK MOUNTED STRIPING MACHINE
Responding to this IFB for Truck Mounted Striping Machine, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision. and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges , fees, etc. that are not already included or incorporated in the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY 1 One (1) Truck Mounted Striping Lump 1 p,121,557.00 6421,557.00 Machine. Sum TOTAL (Enter this amount In PlanetBlds) $421,557.00
Firm Name: Vo el Traffic Services Inc.

Printed Name: Steve Roesner
Title: President
Date: 07 /31 /24
22 Exhibit C

Item 1D - Page 26
ATTACHMENT '1F"
EXECUTIVE ORDER N-6 22 CERTIIFICATION
INVITATIO'N FOR e10,s (IFB 24-19)

TRUCK MOUNTIED STRIPING MACHINE
Executive Order N-6-22 issued by Governor Gavi1n Newsom on March 4, 20.22, diir,ects all agendes and departments that are subj.ect to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of econom ic san,ctions againsl Russia and Russian entities and individuals ; and (b), refrain from entering into any new contracts with such iindividua s or entities while ~h,e aforementioned sanctions are in effect.

Executi~e Order N-6-22 also requires that any contractor that: (1) currently has a contract with t:he City of Palm Springs funded through grant funds provided by the State of California ; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contr,ad with the City of Palm Springs with State of Californ ia grant funds , certify that the person is not the target of any economic sancti:ons against Russia and Russ•an entities and individua ls.
he contra,ctor hereby ,certifies , SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions again,st Russian and Russian entities and individualrs as discussed in !Executive Order N-6-22 and b) the person signing below i1s duly authorized to legally bind the Contractor, This certificat ion, is made under the laws of the State of California.

Signature::::~
Printed Name: Steve Roesner _______ _
Title : President ____________ _
Firm Name: Vogel Traffic Services , line. ____ _
Date: 07/31/24 ____________ _
23 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 5.24.2023
Item 1D - Page 27
24 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 1D - Page 28
25 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 Item 1D - Page 29
26 substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-

4. Compliance with the goals will be measured against the total work hours performed.

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

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

Reference: 41 CFR Part 60-4
Item 1D - Page 30
27 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 15 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 1D - Page 31
28 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 1D - Page 32
29 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 1D - Page 33
30 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 Item 1D - Page 34
31 Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

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

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

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

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

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

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

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
Item 1D - Page 35
32 b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Reference: 49 USC § 47123, FAA Order 1400.11
Item 1D - Page 36
33 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 1D - Page 37
34 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 Item 1D - Page 38
35 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 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 1D - Page 39
36 FAA – 09 Copeland Anti-Kickback

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

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

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

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

REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3.

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

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1D - Page 40
37 FAA – 10 Davis Bacon Requirements

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

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

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

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

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

DAVIS-BACON REQUIREMENTS

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

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Item 1D - Page 41
38 determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide Item 1D - Page 42
39 fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

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

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the Item 1D - Page 43
40 information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
https://www.dol.gov/agencies/whd/government-
contracts/construction/payroll-certification or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency Item 1D - Page 44
41 may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the Item 1D - Page 45
42 trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

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

6. Subcontracts.

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

7. Contract Termination: Debarment.

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

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

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

9. Disputes Concerning Labor Standards.

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

Item 1D - Page 46
43 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
Item 1D - Page 47
44 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
Item 1D - Page 48
45 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 Item 1D - Page 49
46 termination of its subcontract and why the City should not approve the prime Contractor's action.

If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.

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

Reference: 49 CFR part 26
Item 1D - Page 50
47 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
Item 1D - Page 51
48 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 1D - Page 52
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)

Item 1D - Page 53
50 FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.

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

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

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

Professional Services – all professional service agreements as required above.

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

REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has Item 1D - Page 54
51 access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

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

Item 1D - Page 55
52 Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

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

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

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

The Contractor is expected to make substantially uniform progress in meeting its goals in Item 1D - Page 56
53 each craft during the period specified.

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

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment Item 1D - Page 57
54 needs, especially those programs funded or approved by the Department of Labor.

The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Item 1D - Page 58
55 Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

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

9. A single goal for minorities and a separate single goal for women have been established.

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

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

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

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as Item 1D - Page 59
56 amended.

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

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

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

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

Item 1D - Page 60
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 1D - Page 61
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 1D - Page 62
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 1D - Page 63
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 1D - Page 64
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 1D - Page 65
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 1D - Page 66
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 1D - Page 67
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 1D - Page 68
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 1D - Page 69
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 require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

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

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

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that Item 1D - Page 70
67 discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

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

Reference: 49 USC § 50104, 49 CFR part 30

Item 1D - Page 71
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 1D - Page 72
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 1D - Page 73

ATTACHMENT B
Item 1D - Page 74
Item 1D - Page 75

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Vogel Traffic Services, Inc.

Address of Entity (Principal Place of Business)
Orange City, IA
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Iowa
If other than California, is the Entity also registered in California? x Yes D No Type of Entity
x Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
_Wrede Vogel D Officer x Director D Member D Manager
[name] D General Partner D Limited Partner
Other
- Steve Roesner x Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
Steve Mousel x Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item 1D - Page 76

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

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

Steve Roesi'\2..r
c .r=..o.

Date

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: APPROVE GOODS PURCHASE AGREEMENT NO. 24B215 WITH 8540527 CANADA INC., DBA NIU TOILET FOR RESTROOM TRAILERS

FOR PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation
Department of Public Works

SUMMARY:

This action will approve Agreement No. 24B215 with 8540527 Canada Inc. / D.B.A. NIU Toilet in an amount not to exceed $2 13,600 for two multi-station and two single-station restroom trailers for Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Goods Purchase Agreement 24B215 ( Attachment A ) with 8540527 Canada Inc. / D.B.A. NIU Toilet to provide two (2) multi-station and two (2) single- station restroom trailers for Palm Springs International Airport in an amount not to exceed $213,600;

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 16, 2024, 8540527 Canada Inc./d.b.a. NIU Toilet is registered in Quebec, Canada.

BACKGROUND:

The Airport has experienced significant passenger growth over the past three-fiscal years.

Following a 112% increase in fiscal year 2021- 22, the A irport saw continue d growth of 15% in fiscal year 2022- 23 and a modest 1% increase in fiscal year 2023- 24. The sustained growth pattern requires expanding facilities and modernizing utilities to keep up with demand. Construction efforts will also require the occasional shutdown of the Airport's water supply and the creation of temporary facilities for tenants. Aging water Item 1E - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Award Restroom Trailers for Palm Springs International Airport

lines have increasingly failed, resulting in the closing of passenger restrooms while repairs are made. These challenges highlight the need for flexible and reliable restroom solutions.

Having mobile ADA restroom trailers on hand ensures the Airport is prepared in the event of an emergency or a sudden need for additional accessible facilities. Purchasing mobile ADA restroom trailers represents a strategic investment in accessibility, inclusivity, and overall passenger experience. The trailers can be easily transported and set up at different locations as needed. This mobility ensures we can provide consis tent and reliable access to restroom facilities regardless of the event location or duration.

STAFF ANALYSIS:

The proposed purchase of the restroom trailers is necessary for several reasons. These mobile facilities significantly enhance capacity, helping to accommodate the growing number of passengers, reduce wait times, and improve overall comfort. The flexibility afforded by these trailers allows for strategic relocation based on changing needs, such as during peak travel seasons or special events.

These trailers can serve as temporary facilities during maintenance or renovations of permanent restrooms, ensuring uninterrupted service to passengers. In the event of unforeseen circumstances or emergencies that might affect the main terminal facilities, these trailers can function as crucial backup restroom facilities. Compared to the construction of permanent facilities, mobile restroom trailers present a more cost-effective and expedient solution to address immediate needs.

An Invitation for Bids (IFB 24 -22) was initiated by the City’s Procurement & Contracting Department on July 15, 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 . Four bids were received by the August 15, 2024, deadline:

Vendor Bid
8540527 Canada Inc. / D.B.A. NIU Toilet, Quebec, Canada $213,600.00 Phi Alpha Contract Solutions, Temecula, CA $214,000.00
Ready2Go Restroom Trailers Sales, LLC, Pittsburgh, PA $218,900.00 NRT Sales LLC, Santa Rosa, CA $219,416.00

Staff recommends approval of Goods Purchase Agreement No. 24B 215 with 8540527 Canada Inc. / D.B.A. NIU Toilet in the amount not to exceed $213,600.

Item 1E - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
Award Restroom Trailers for Palm Springs International Airport

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonabl y foreseeable indirect physical change in the environment. 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:

The total cost of the two multi -station and two single- station restroom trailers from 8540527 Canada Inc./d.b.a. NIU Toilet is $213,600, which is within the amount budgeted in the Fiscal Year 2024-25 budget under Airport account number 4167065-60020. This account is designated for capital equipment purchases for the airport.

REVIEWED BY:

Assistant Director of Maintenance and Facilities: Daniel Martinez Director of Public Works: David McAbee
Executive Director of Aviation: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 24B215
B. Public Integrity Disclosure

Item 1E - Page 3

ATTACHMENT A

Item 1E - Page 4

Page 1 of 65 ends

Palm Springs City CouncilSeptember 26, 2024

Palm Springs City Council
September 26, 2024