Agenda packet — Palm Springs City Council, October 24, 2024 (part 1 of 3)

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

OCTOBER 24, 2024

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

October 24, 2024 City Council Regular Meeting Agenda 2

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS: NONE

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.

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: OCTOBER 10, 2024
RECOMMENDATION:

Approve the City Council Meeting Minutes of October 10, 2024.

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

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2024.

October 24, 2024 City Council Regular Meeting Agenda 3 C. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2023-24
RECOMMENDATION:

Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2023-24.

D. APPROVE A TASK ORDER TO COMMUNITY WORKS DESIGN GROUP, LLC

FOR SUNRISE PARK IRRIGATION CONVERSION TO RECYCLED WATER UNDER ON-CALL AGREEMENT (A8868) FOR LANDSCAPE ARCHITECTURAL

SERVICES
RECOMMENDATION:

Approve issuance of Task Order No. 2 to On-Call Agreement No. A8868 with Community Works Design Group, LLC for Sunrise Park irrigation conversion to recycled water for an increase of $21,525 and a total task order amount not to exceed $91,600;

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

E. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B250 WITH ENPRO ELEVATOR, INC. FOR ELEVATOR EQUIPMENT REPLACEMENT FOR PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement No. 24B250 with Enpro Elevator, Inc. to provide elevator equipment replacement for the Palm Springs International Airport in an amount not to exceed $575,820 for the initial one-year term beginning October 28, 2024, through October 27, 2025.

1. Appropriate $340,820 from Airport Fund 416, moving funds from Airport Account No. 4167070-50126 (Grant Expenses) to Airport Account 4167065-60015 (Other Equipment).

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

F. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P258 WITH
INTER-CON SECURITY SYSTEMS, INC. FOR UNARMED UNIFORMED

SECURITY GUARD SERVICES FOR CITY EVENTS
RECOMMENDATION:

Approve Contract Services Agreement No. 24P258 with Inter-Con Security Systems, Inc. to provide unarmed uniformed security guard services for City events for a three-year term in an amount not to exceed $154,474.07 beginning October 28, 2024, through October 27, 2027, with two options for one-year extensions at the City’s sole discretion;

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

G. REQUEST BY 0 WEST CIRCLE DRIVE, LLC, FOR APPROVAL OF PARCEL October 24, 2024 City Council Regular Meeting Agenda 4 G. REQUEST BY 0 WEST CIRCLE DRIVE, LLC, FOR APPROVAL OF PARCEL MAP 38526
RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38526 WITH 0 WEST CIRCLE DRIVE, LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY, FOR PROPERTY LOCATED AT THE NORTH SIDE OF ACANTO DRIVE SOUTH (APN 512-220-014), IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

H. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE

UNIVERSITY HEALTH SYSTEM FOR THE PROVISION OF CRISIS/TRIAGE

BEHAVIORAL HEALTH SERVICES
RECOMMENDATION:

Approve a cooperative agreement with Riverside University Health System for crisis/triage behavioral health services in the amount of $140,795 per year for a period of up to three years.

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

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

2. PUBLIC HEARINGS:

A. AN APPLICATION BY SCOTT P. TIMBERLAKE AND ANNE KRIZMAN,

REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION,

FOR HISTORIC SITE DESIGNATION OF THE MERRILL LYNCH BUILDING LOCATED AT 415 SOUTH PALM CANYON (APN 513-213-001), CASE HSPB #160
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

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

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE MERRILL LYNCH BUILDING LOCATED AT 415
SOUTH PALM CANYON, AS A CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #160, SUBJECT TO CONDITIONS (APN 513-213-001).”

2. October 24, 2024 City Council Regular Meeting Agenda 5

B. AN APPLICATION BY LARRY YARCHEVER, REPRESENTED BY THE PALM

SPRINGS PRESERVATION FOUNDATION, FOR HISTORIC SITE
DESIGNATION OF THE RATNER RESIDENCE LOCATED AT 1633 VIA ROBERTO MIGUEL (APN 677-233-003), CASE HSPB #161
RECOMMENDATION:

1. Open the public hearing and receive public testimony.

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

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RATNER RESIDENCE LOCATED AT1633 VIA
ROBERTO MIGUEL, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #161, SUBJECT TO CONDITIONS (APN 677-233-003).”

C. ADOPT AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPT THE

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE
COMMITTEE’S TUMF INFLATION ADJUSTMENT AND REVISED FEE
SCHEDULE FOR CALENDAR YEAR 2025
RECOMMENDATION:

Hold a noticed consolidated public hearing this evening and receive public testimony; and

1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE

SCHEDULE UPDATE NEXUS REPORT AND ADOPTING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE’S

TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR
CALENDAR YEAR 2025 APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM SPRINGS.”

2. 3. BUSINESS & LEGISLATIVE: NONE

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.

October 24, 2024 City Council Regular Meeting Agenda 6 ADJOURNMENT:

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

City of Palm Springs )

I, Evelyn Beltran, Chief Deputy 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 October 18, 2024, and posted on the City’s website as required by established policies and procedures.

____________________________
Evelyn Beltran
Chief Deputy City Clerk

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

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

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

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Thursday, October 10, 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 Council was called to order by Mayor Bernstein on Thursday, October 10, 2024, at 5:37 p.m.

PLEDGE OF ALLEGIANCE:

Fallon Whalen, a high 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 :

A. HUNGER ACTION MONTH BY FIND FOOD BANK

Debbie Espinoza, President and CEO of Find Food Bank , provided a presentation.

Mayor Bernstein made the following announcements:
• September 27th was proclaimed as Thompson Hotel Day in honor of the grand opening of the much - anticipated Thompson Palm Springs.
• The individuals honored with the 2024 Pride Honors Award were:
o Spirit of Pride Award: John Taylor
o Spirit of Stonewall Business of Pride Awards: Shannon Anderson o Spirit of Stonewall Volunteer of the Year: DeeAnn Hopings o Spirit of Stonewall Advocate of the Year: DAP Health
o Spirit of Stonewall Community Leadership: Jasmine Sullivan Waits o Spirit of Stonewall Arts & Culture Award: Marconi Calindas-Cafege o Spirit of Stonewall Friend of Pride: Andrew and Cathy Mills Item 1A - Page 1
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ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCIL MEMBER GARNER , SECOND BY MAYOR PRO TEM DEHARTE , CARRIED 5 -0, to accept the agenda with removal of Consent Calendar Item No. 1F for separate discussion, and removal and continuance of Consent Calendar Item No. 1E.

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of October 10, 2024, was called to order by Mayor Bernstein at 12:32 p.m.

CLOSED SESSION PUBLIC TESTIMONY:

Rabbi David Lazar, Wallace Allen, Joy Zavarich, Pearl Devers, Kris Benz, Brian Saber, Veronica Rogers, Gloria Gonzalez, David Weine r, Deiter Crawford , Randy Roy, LaWanda Roy , Jesse Balderas, Donald Roy, Robin Brown, Johnnie McKinley, Kimberly Esse, Glor ia Thompson, Shirley Tribble, Ophelia Howard, Paulette Green, Gary Grizell, Ben Mayfield , and Ted Barajas provided closed session oral testimony.

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

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

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

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5 -0, to add the following items to the Closed Session agenda:

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

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

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 Drive and Tramview Road.

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

Desert Community College District.

Price and Terms.

PUBLIC TESTIMONY:

Marcus Fuller provided oral testimony.

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1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the Consent Calendar with removal of Item No. 1F for separate discussion , and removal and continuance of Consent Calendar Item No. 1E.

A. APPROVAL OF MINUTES: SEPTEMBER 12 AND SEPTEMBER 26, 2024

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5 -0, to approve the City Council Meeting Minutes of September 12, 2024 , and September 26, 2024.

B. AUTHORIZE A TASK ORDER WITH CAROLLO ENGINEERS, INC. IN THE AMOUNT OF $151,250 PURSUANT TO AGREEMENT A8563 FOR ADDITIONAL

PROFESSIONAL SERVICES FOR ELECTRICAL MODIFICATIONS ASSOCIATED

WITH THE WASTERWATER TREATMENT PLANT ODER CONTROL
IMPROVEMENTS, CITY PROJECT NO. 23-16

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

1. Authorize the City Manager to approve a Task Order in the amount of $151,250 for additional professional services of odor control improvement with Carollo Engineers, Inc., an ‘on-call’ firm for wastewater services, during design;

2. Appropriate $151,250 from the Wastewater Fund Balance; and

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

C. REJECT ALL BIDS RECEIVED FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, FEDERAL AID PROJECT NO. HSIPL-5282 (049), CITY PROJECT NO. 18-05

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

1. Reject the construction bids received on August 8, 2024, for the HSIP Cycle 9 Traffic Signal Improvements, Federal Aid Project No. HSIPL-5282(049), City Project No. 18-05; and

2. Authorize Staff to re-bid the Project.

D. APPROVE INSTALLATION OF NEW CIRCUITS FOR EAST TAHQUITZ CANYON WAY MEDIAN ART PADS IN THE AMOUNT OF $32,606.19

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

1. Appropriate $32,606.19 of Public Art Funds from the Public Art Fund Balance to the Fiscal Year 2025 Public Arts Fund Repairs and Maintenance account.

2. Approve expenditure of $32,606.19 of Public Art Funds for new electrical circuits for the East Tahquitz Canyon Way Median art pads in an amount not to exceed $32,606.19.

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E. APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B235 WITH CAT CITY AUTO BODY INC., AND 24B236 WITH MARVIN’S AUTO PAINT INC., DBA FOR

AUTO BODY REPAIR SERVICES

The item was removed from the consent calendar and continued to a future meeting of the City Council.

F. APPROVE CONSTRUCTION CONTRACT NO. 24C242 WITH MIRACLE RECREATION EQUIPMENT COMPANY AND CONSTRUCTION CONTRACT NO. 24C248 WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC

STRUCTURES FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND

EQUIPMENT AND SHADE STRUCTURES AT RUTH HARDY PARK

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

G. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P239 WITH ON DUTY

HEALTH, PC FOR PALM SPRINGS POLICE DEPARTMENT ANNUAL PHYSICAL

AND WELLNESS ASSESSMENTS

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

1. Approve Contract Services Agreement No. 24P239 with On Duty Health, PC to provide Palm Springs Police Department annual physical and wellness assessments for a three-year term in an amount not to exceed $146,775 beginning October 14, 2024 through October 13, 2027, with two one-year extension options at the City’s sole discretion; and

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

H. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P238 WITH ON DUTY

HEALTH, PC FOR NFPA COMPLIANT ANNUAL PHYSICAL AND WELLNESS

ASSESSMENTS

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

1. Approve Contract Services Agreement No. 24P238 with On Duty Health, PC to provide NFPA compliant annual physical and wellness assessments for a three-year term in an amount not to exceed $413,895.60 beginning October 14, 2024 through October 13, 2027, with two one-year extension options at the City’s sole discretion; and

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

I. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B240 WITH MPG

CONSTRUCTION, LLC FOR ON-CALL BUILDING REPAIR AND RENOVATION

SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement No. 24B240 with MPG Construction, LLC to provide on-call building repair and renovation services for the Palm Springs International Airport in an amount not to exceed $980,000 for the initial three-year term beginning October Item 1A - Page 4
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14, 2024 through October 13, 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.

J. ACCEPTANCE OF AIRPORT COMMON USE PODIUMS – BONO CONCOURSE, CITY PROJECT 21-28

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

1. Accept the public works improvement identified as the Airport Common Use Podiums – Bono Concourse, City Project 21-28 (“Project”), as completed in accordance with the plans and specifications;

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Airport Common Use Podiums – Bono Concourse, City Project 21-28; and

3. Appropriate $30,252.15 from the Airport Special Capital Projects fund balance.

K. AWARD OF A CONSTRUCTION CONTRACT TO RIVERSIDE CONSTRUCTION, INC., IN THE AMOUNT OF $10,510,913; APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, INC., FOR

CONSTRUCTION MANAGEMENT SERVICES, INSPECTION AND MATERIALS TESTING SERVICES IN THE AMOUNT OF $2,133,897.20; AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG
ENTERPRISES, INC., DBA THE SOLIS GROUP, TO PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION IN THE AMOUNT OF $67,826

FOR THE SOUTH PALM CANYON BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS- 5282(042)

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

1. Award a construction contract to Riverside Construction, Inc., a California corporation, in the amount of $10,510,913;

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,600,000 with all change orders reported to the City Council;

3. Approve a Professional Services Agreement with Harris and Associates, Inc., a California corporation, contingent on Caltrans approval of the contract rates in the amount of $2,133,897.20 as may be modified based on the final approved rates, for construction management, inspection and materials testing services;

4. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount of $67,826.00;

5. Appropriate $650,000.00 from the Measure A fund balance; and

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

L. AUTHORIZE AN INCREASE OF $182,960.40 TO PURCHASE ORDER 18000472 ISSUED TO VEOLIA WATER OPERATING SERVICES, INC. RELATED TO

ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO COMPLY WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD ORDER.

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

1. Authorize an increase to Purchase Order 18000742 in the amount of $182,960.40 with Veolia Water West Operating Services, Inc., pursuant to Agreement No. 6084 to include a groundwater monitoring network technical report, a nitrogen control strategy technical report, nitrogen effluent limit feasibility study and a TDS source control program technical report as required by the California Regional Water Quality Control Board Order;

2. Appropriate $182,960.40 from the Wastewater Fund Balance; and

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

M. A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR APPROVAL

OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS,

INCLUDING ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HD-11) AT 1111 EAST PALM CANYON DRIVE, UNIT 382; AND THE HARRIET VAN HORN RESIDENCE, A CLASS 1 HISTORIC SITE (HSPB 157) LOCATED AT 1121

LINDA VISTA ROAD

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

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 382 (Ocotillo Lodge), APN: 511-035-122. b) 1121 Linda Vista Road (Harriet Van Horn Residence), APN: 507-132-001.

2. Authorize the City Manager to execute the Agreements.

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

N. AUTHORIZE STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR CONVENTION

CENTER AND RELATED TOURISM FACILITIES OPERATION AND

MANAGEMENT SERVICES

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5 -0, to authorize Staff to issue a Request for Proposals (RFP) for operation and management services for the Palm Springs Convention Center and related tourism facilities.

EXCLUDED CONSENT CALENDAR:

F. APPROVE CONSTRUCTION CONTRACT NO. 24C242 WITH MIRACLE RECREATION EQUIPMENT COMPANY AND CONSTRUCTION CONTRACT NO. 24C248 WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC

STRUCTURES FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND

EQUIPMENT AND SHADE STRUCTURES AT RUTH HARDY PARK

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

1. Approve Construction Contract 24C242 with Miracle Recreation Equipment Company to purchase and install playground equipment at Ruth Hardy Park, for an amount of $956,214.76;
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2. Approve Construction Contract 24C248 with Shade Structures, Inc., dba USA Shade & Fabric Structures, to purchase and install shade structure equipment at Ruth Hardy Park, for an amount of $486,028.66;

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

2. PUBLIC HEARINGS:

A. AN APPLICATION BY CHARLES E. BENTALL AND JULIE BENTALL,

REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION, FOR

HISTORIC SITE DESIGNATION OF THE BURNHAM-WELLS RESIDENCE LOCATED AT 1850 SMOKE TREE LANE (APN 510-172-001), CASE HSPB #159

Steven Vaught and David Hyams provided oral testimony during the public hearing.

MOTION BY MAYOR PRO TEM DEHARTE , SECOND BY COUNCIL MEMBER HOLSTEGE, CARRIED 5-0, to:

1. Open the Public Hearing and receive public testimony.

2. Close the public hearing and adopt Resolution No. 25249, entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE BURNHAM-WELLS RESIDENCE LOCATED AT 1850 SMOKE TREE LANE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #159, SUBJECT TO CONDITIONS (APN 510-172-001).”

B. APPEALS BY THE NEW MESQUITE HOMEOWNERS’ ASSOCIATION AND

DESERT CHAPEL OF THE PLANNING COMMISSION DECISION TO APPROVE A MINOR AMENDMENT TO PLANNED DEVELOPMENT DISTRICT (PDD 153) TO ALLOW THE RESTORATION OF APPROXIMATELY 90 ACRES OF THE 120-ACRE

FORMER MESQUITE GOLF COURSE AND COUNTRY CLUB SITE INTO A NATIVE DESERT HABITAT AND NATURE PRESERVE (CASE 5.0303-PD 153).

Chris Thomsen, Mark Mulkerin, Marvin Roos, Jane Garrison, Nicole Olivieri Panter, Bill White, Angie Knapp, David Hyams, Scott Connelly, and Kathy Weremiuk provided oral testimony during the public hearing.

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER MIDDLETON, CARRIED 4-0 (WITH RECUSAL FROM COUNCIL MEMBER HOLSTEGE), to:

1. Open the appeal hearing and receive testimony; and

2. Reject the appeals and accept the Planning Commission’s decision by adopting Resolution No. 252 50, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DENYING THE APPEALS BY THE NEW MESQUITE

HOMEOWNERS ASSOCIATION AND DESERT CHAPEL AND UPHOLDING THE

DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSED MINOR AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 153 (PDD-153) BY THE OSWIT LAND TRUST TO ALLOW THE RESTORATION OF APPROXIMATELY 90 ACRES OF THE 120-ACRE FORMER GOLF COURSE AND COUNTRY CLUB SITE

INTO A NATIVE DESERT HABITAT AND NATURE PRESERVE FOR THE SITE

LOCATED BETWEEN SUNRISE WAY AND EL CIELO ROAD, NORTH OF MESQUITE AVENUE, ZONE PDD 153, SECTION 24 (CASE 5.0303-PDD-153).”

Item 1A - Page 7
City Council Minutes October 10, 2024
City of Palm Springs DRAFT Page 8

3. BUSINESS & LEGISLATIVE: None.

PUBLIC COMMENT:

Nicole Panter Daily, Natalie Awad, Abraham Ishaq, Michael Howard, Jake Epstine, Rabbi David Lazar, Jane Dodd, Brian Yak lich, Patrick Weiss, Moe Elabdallah, Dr. Jesse N eimeyer-Romero, and Jonathan Gayle 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, October 10, 2024, at 8:14 p.m.

Respectfully submitted,

______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL:

Item 1A - Page 8

CITY COUNCIL STAFF REPORT
DATE: O
CTOBER 24, 2024 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2024
FROM: Scott C. Stiles, City Manager
BY: P roc
urement and Contracting Department
RECOMMENDATION:

Recei
ve and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of September 1 through September 30, 2024.

STAFF ANALYSIS:

The Cit
y’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. Cit
y Manager or designee authorized agreements for September 2024 B. Purchase orders for September 2024
Item 1B - Page 1
==========__J __ ====f====--

ATTACHMENT A

Item 1B - Page 2

STAFF AUTHORIZED AGREEMENTS
SEPTEMBER 1, 2024 - SEPTEMBER 30, 2024
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
24F224
FAÇADE IMPROVEMENT GRANT AGREEMENT-
NUGENT'S INTERIORS & UPHOLSTERY (391-393 N

INDIAN CANYON DRIVE)

WILLIAMS PROPERTIES
$7,500.00
24F225
FAÇADE IMPROVEMENT GRANT AGREEMENT-
NUGENT'S INTERIORS & UPHOLSTERY (395-397 N

INDIAN CANYON DRIVE)

WILLIAMS PROPERTIES
$7,500.00
24I226 MOLD REMEDIATION SERVICES FOR PALM SPRINGS

POLICE DEPARTMENT
DESERT VALLEY RESTORIATION, INC. DBA

PAUL DAVIS RESTORATION OF GREATER

PALM SPRINGS
$9,991.06
24I229 MOLD REMEDIATION SERVICES FOR DEMUTH

COMMUNITY CENTER
DESERT VALLEY RESTORIATION, INC. DBA

PAUL DAVIS RESTORATION OF GREATER

PALM SPRINGS
$5,763.51
24I234 ATS INSTALLATION SERVICES-FIRE STATION #2 ASCO POWER SERVICES, INC. $1,880.00 24I244 ON-CALL FIRE APPARATUS REPAIR & MAINTENANCE

SERVICES
INLAND FLEET SOLUTIONS, INC. $10,000.00
FINANCE DEPARTMENT 24I245 SHREDDING, RECLYCLING, AND SECURE

DESTRUCTION SERVICES FOR FINANCE

DESERT ARC DBA DESERT ARC

SHREDDING & RECYLING
$5,000.00
HUMAN RESOURCES 24I227 2024 PRIDE PARADE FLOAT MANMADE ENTERTAINMENT PRODUCTIONS, INC.
$13,000.00
POLICE DEPARTMENT 24S228 FLOCKOS 911 (SITUATIONAL AWARENESS

OPERATING SYSTEM)
FLOCK GROUP INC DBA FLOCK SAFETY $21,000.00
24B223 PORTABLE RESTROOMS & HAND WASH STATION
RENTAL SERVICES-IFB 24-21
DIAMOND ENVIRONMENTAL SERVICES, LP $50,754.06
24I233 MARIACHI SHOW BANK FOR DAY OF THE DEAD
EVENT
MARIACHI TIERRA CALIENTE $1,700.00
24I246 FIREWORKS FOR VETERANS DAY PARADE, 11/11/2024 PYRO SPECTACULARS $8,500.00

FACILITIES

MAINTENANCE

ECONOMIC

DEVELOPMENT

RECREATION

DEPARTMENT
PAGE 1 OF 1
Item 1B - Page 3

ATTACHMENT B

Item 1B - Page 4

PURCHASE ORDERS
SEPTEMBER 1, 2024 - SEPTEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000454 A9324 OFFICE SUPPLIES FOR CITY MANAGERS OFFICE ODP BUSINESS SOLUTIONS $2,500.00 25000455 A9324 OFFICE SUPPLIES FOR CITY COUNCIL ODP BUSINESS SOLUTIONS $3,000.00 24000665 23C219 STORAGE OF BACKUP TAPES 9/1/23-8/31/24 IRON MOUNTAIN $2,997.96 25000387 A9194 SUPPORT RENEWAL FOR VMWARE SERVERS AT PSP DELL MARKETING LP $28,816.80 25000409 24I198 EMAIL NEWSLETTER SUBSCRIPTION - PSP DRIP GLOBAL INC $20,379.60 25000412 FORTINET FOR LIBRARY FIREWALL BLACK DIAMOND SOLUTIONS $525.65 25000415 24S213 COMMUNITY PLUS SUBSCRIPTION RENEWAL LIGHTHOUSE HEALTH AND WELLNESS $800.00 25000417 FLUKE FIBER TESTER INSIGHT PUBLIC SECTOR INC $13,334.64 25000422 24I221 IAPRO AND BLUETEAM - PSPD VERSATERM PUBLIC SAFETY US INC $2,729.95 25000423 CH AND PD FORTINET RENEWAL BLACK DIAMOND SOLUTIONS $9,469.38 25000424 3 C9200CX SWITCHES FOR STOCK AMS.NET INC $5,889.92 25000425 CISCO TRANSCEIVERS FOR CH CORE AND WAN EDGE AMS.NET INC $24,649.07 25000438 65IN TVS FOR EOC CDW GOVERNMENT INC $3,278.43 25000457 BROTHER PRINTER FOR KITTY CDW GOVERNMENT INC $317.91 25000458 16IN MACBOOOK PRO FOR KITTY CDW GOVERNMENT INC $3,708.45 25000459 GEMALTO ID PRIME 930 SMARTCARDS DOT ORIGIN INC $7,276.05 25000469 VERKADA DOOR CONTROLLER IT1 SOURCE LLC $15,328.77 25000473 FARONICS DEEP FREEZE RENEWAL 3YEARS INSIGHT PUBLIC SECTOR INC $12,568.88 25000474 KEYBOARDS AND USB HUBS CDW GOVERNMENT INC $284.99 25000476 A9194 MONITORS AND KEYBOARDS FOR CH STOCK DELL MARKETING LP $16,504.05 25000484 TRANSCEIVERS AND PATCH CABLES FOR VMWARE

INSTALL
FS COM INC $1,234.53
25000488 CISCO MOUNTING BRACKETS IT1 SOURCE LLC $5,710.22 25000489 AUTOCAD 3Y SUBSCRIPTION RENEWAL DLT SOLUTIONS LLC $8,722.82 25000506 EOC IN A BOX CISCO SWITCH UPS AMS.NET INC $7,087.59 25000510 A9194 DELL HUB MONITORS FOR PSP DELL MARKETING LP $2,664.62 25000511 A9194 COMPUTERS, LAPTOPS, AND ACCESSORIES FOR PSP STOCK
DELL MARKETING LP $22,777.93
25000521 LOGITECH WEBCAMS FOR PSP STOCK CDW GOVERNMENT INC $342.94 25000523 CAMERA LICENSE FOR AIRPORT WEBCAM IT1 SOURCE LLC $2,097.63 25000524 BLANK ID BADGES FOR EMPLOYEES EASYBADGES LLC $880.56 25000534 SORTING SYSTEM SERVICE MAINTENANCE MK SOLUTIONS INC $31,600.00 25000535 A9194 BACKPACK FOR IT TECH DELL MARKETING LP $112.74 25000543 A9256 TELESTAFF SUPPORT SERVICES FOR PSFD KRONOS $29,062.51 25000545 CYAN PRINTER INK FOR PD PLOTTER B & H PHOTO $312.18

INFO TECHNOLOGY

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

PURCHASE ORDERS
SEPTEMBER 1, 2024 - SEPTEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000547 24B204 PSPD CLOSET CLEAN-UP DATASTREAM TECHNOLOGY CONSULTING $2,990.00

SPECIAL PROGRAMS

COMPLIANCE
25000434 CODE COMPLIANCE UNIFORM ORDER - DESERT

PROMOTIONS
DESERT PROMOTIONAL EMBROIDERY LLC $65.25
25000456 23P167 MISCELLANEOUS SERVICES, NO. 1 (NOT OTHERWISE CLASS
MOSAIC PUBLIC PARTNERS LLC $25,000.00
25000546 24I227 PRIDE PARADE FLOAT 2024 MANMADE ENTERTAINMENT

PRODUCTIONS
$13,000.00

COMMUNITY &
ECONOMIC DEV.
25000411 TEMPORARY MURAL PROJECT L OGAN ADAIR $5,000.00

PARKS MAINTENANCE

MECHANICS
25000410 POO L PUMPS FOR SWIM CENTER WATERLINE TECHNOLOGIES INC $6,053.33 24001850 24I112 BUS RENTAL FOR SUMMER CAMP TRIPS 2024 LIN LINES INC $22,750.00 25000420 23I178 3 MONTHS PORTABLE RESTROOMS- VILLAGEFEST DIAMOND ENVIRONMENTAL SERVICES LP $1,924.80 25000421 A9082 VAN RENTAL FOR RECREATION PROGRAMS UNITED RENTALS $23,925.72 25000435 23I119 QUARTERLY MAINTENANCE OF FITNESS EQUIPMEN PAX FITNESS REPAIR LLC $750.00 25000460 23I075 DJ SERVICES FOR WORL ART DAY LUIS AZARCOYA $550.00 25000461 23I075 DJ SERVICES FOR VILLAGEFEST LUIS AZARCOYA $500.00 25000529 TRA SH CANS, PICNIC TABLE , WORKBENCH ULINE $4,144.67 25000399 DJI DL 17-28MM LENS/REG B & H PHOTO $1,263.91 25000408 WISENET WAVE INTERNAL RECORDER ADD-ON A DVEXURE LLC $983.25 25000416 SHARP SHOOTER STICKERS FOR PD AC E PRINTING $409.69 25000467 LABEL PRINTERS FOR PD CD W GOVERNMENT INC $2,397.95 25000468 TRAINING AMMUNITION FOR PSPD RANGE D OOLEY ENTERPRISES INC $9,308.31 25000485 NIKON REMOTE CONTROLLER SET B & H PHOTO $302.57 25000493 A9065 A9065: LOCKSMITH SERVICES VALLEY LOCK AND SAFE $177.03 25000525 A9324 4 DRAWER FILE CABINETS ODP BUSINESS SOLUTIONS $1,643.18 25000541 24B164 WINDOW FILM INSTALLATION SERVICES - PHASE 1 BUDGET HOLDINGS INC $69,709.00 25000542 24S228 FLOCKOS 911 FEATURE FLOCK GROUP INC $7,000.00 23000311 A9197 PPE RENTAL SVCS - YEAR 2 OF 5 SOCAL PPE LLC $74,977.19 25000413 A9324 ADMIN ERGONOMIC WORKSTATIONS ODP BUSINESS SOLUTIONS $6,669.32 25000446 POSI-CHECK CALIBRATION SERVICES H ONEYWELL ANALYTICS INC $1,155.00 25000433 24P181 TRAFFIC ENG - S SUNRISE WAY/E PALM CANYON D TJKM $23,370.00 25000475 23P041 CP 24-02, CWA SERVICES TSG ENTERPRISES, INC. $13,936.00

FIRE DEPARTMENT

ENGINEERING - PUBLIC
WORKS

POLICE DEPARTMENT

RECREATION

DEPARTMENT

HUMAN RESOURCES
PAGE 2 OF 6
Item 1B - Page 6

PURCHASE ORDERS
SEPTEMBER 1, 2024 - SEPTEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000526 24Q195 TRAFFIC ENG REVIEW & COORDINATION SERVICES KIMLEY HORN AND ASSOCIATES INC $15,000.00 25000528 ENGINEERING STAFF UNIFORMS DESERT PROMOTIONAL EMBROIDERY LLC $1,067.93 25000402 23B364 PSP INSTALL WALL PANELS ALONG GATE 4 GENESIS FLOOR COVERING INC $13,627.00 25000403 23B364 PSP REMOVE & REPLACE TILE AROUND CACTUS TO CLOUDS
GENESIS FLOOR COVERING INC $72,903.00
25000404 23B225 PSP MOBILIZATION FOR MARKING AND PAVEMENT

REPAIRS
GRANITE CONSTRUCTION COMPANY $46,000.00
25000405 23C004 PSP ELEVATOR/ESCALATOR REGULAR MAINTENANCE TK ELEVATOR CORPORATION $16,768.00 25000406 A9082 PSP GENERATOR EQUIPMENT RENTAL UNITED RENTALS $21,000.00 25000407 24P031 PSP STAFF FINANCIAL TRAINING WORKSHOPS FRASCA AND ASSOCIATES LLC $40,000.00 25000428 A9253 PSP REPAIR LUGGAGE CART COIN DISPENSERS JULIO G ESCOBEDO JR $1,500.00 25000444 A9294 PSP REPAIR NOTH TURNSTILE DOOR HINGEWERKS COMMERCIAL DOORS INC. $5,000.00 25000445 A9065 PSP INSPECT EXIT DEVICE FROM TSA PATIO TO STERILE VALLEY LOCK AND SAFE $142.50 25000448 23B204 PSP INSTALL RAZOR WIRE ALONG PERIMETER

FENCELINE
RED HAWK SERVICES INC $60,265.42
25000449 24P031 PSP SERVICES FOR PARKING RATE STRUCTURE

ANALYSIS
FRASCA AND ASSOCIATES LLC $40,000.00
25000451 23C066 PSP CUSTODIAL SUPPLIES NETWORK SERVICES COMPANY $20,000.00 25000470 23B223 PSP OVERHEAD SIGNAGE SQUARE SIGNS LLC $25,743.85 25000471 23B364 PSP INSTALL WALL PANELS AT TSA CHECKPOINT GENESIS FLOOR COVERING INC $35,477.00 25000472 A9183 PSP FIRE ALARM ANNUAL INSPECTION & TEST

SERVICES
JOHNSON CONTROLS US HOLDINGS LLC $24,331.53
25000499 A9065 PSP LANDSIDE OFFICE RE-KEY UNIFI'S PREVIOUS S
PACE
VALLEY LOCK AND SAFE $385.51
25000500 A9065 PSP REKEY JETBLUES OFFICE SPACE VALLEY LOCK AND SAFE $851.96 25000501 A9065 PSP LOCKSMITH SERVICES FOR AGUA DEADBOLTS VALLEY LOCK AND SAFE $6,073.64 25000503 24B030 PSP CONNECT RMS 1067 & 1068 FOR PD OFFICES EMD CONSTRUCTION $37,814.00 25000504 A9065 PSP LOCKSMITH SERVICES FOR BOARDING GATE #18 VALLEY LOCK AND SAFE $849.06 25000527 PSP PURCHASE PLUMBING TOOLS HAJOCA CORPORATION $6,024.07 24000584 23S213 MONITORING SERVICES FOR ABSORPTION CHIILER THERMAX INC $9,922.00 25000388 A9068 CP 22-38 PALM TREE LIGHTING M BREY ELECTRIC INC $50,000.00 25000390 A9135 REPAIR PHOTO EYE WIRE ON DOOR #8 OLLIN DOCK & DOOR INC $2,611.77

FACILITIES

MAINTENANCE

AVIATION DEPARTMENT

PAGE 3 OF 6
Item 1B - Page 7

PURCHASE ORDERS
SEPTEMBER 1, 2024 - SEPTEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000392 24I153 COMMUNICATIONS AND ACTION PLANS WAYNE MCAFEE $9,300.00 25000393 A9065 RE-KEY 10 NEW POLICE CARS VALLEY LOCK AND SAFE $5,000.00 25000394 A9232 DHUC BASKETBALL COURT CUSTODIAL SERVICES 9/1- 9/7
VERDE FACILITIES SERVICES LLC $762.17
25000395 A9232 SUNRISE PLAZA PAVILION EVENTS - CUSTODIAL

COVERAGE
VERDE FACILITIES SERVICES LLC $1,835.82
25000398 A9068 PSPD: ADDITIONAL CIRCUITS IN IT ROOM M BREY ELECTRIC INC $3,353.02 25000400 24I219 WASTE DISPOSAL SERVICES PALM SPRINGS DISPOSAL SERVICES $5,700.00 25000414 A9184 MAINT. AGRMT FIRE STATION 4 HVAC CLIMATEC LLC $4,975.00 25000418 A8876 DESIGN SERVICES FOR PALM CANYON THEATRE INTERACTIVE DESIGN CORP $68,500.00 25000426 24B129 COS FOR FS #1 WATER LINE RE-PIPE PROJECT KINCAID INDUSTRIES INC $25,627.01 25000430 A9069 CITY WIDE HVAC INSPECTION AND REPAIRS ALLISON MECHANICAL INC $50,000.00 25000440 A9065 CONFERENCE ROOM ENTRANCE LEVERS VALLEY LOCK AND SAFE $670.70 25000441 REFRIGERANT REFRIGERATION SUPPLIES DISTRIBUTOR $4,757.80 25000442 A9232 DHUC BASKETBALL COURT CUSTODIAL SERVICES 9/9- 9/14
VERDE FACILITIES SERVICES LLC $762.17
25000443 A9232 SUNRISE PLAZA EVENTS ON 9/9 - 9/14 VERDE FACILITIES SERVICES LLC $3,250.42 25000447 SCROLL COMPRESSOR, VOLT DUAL CAPACITOR
ROUND, ETC.

REFRIGERATION SUPPLIES DISTRIBUTOR $1,382.45
25000452 A9040 18'' ULTRA #114 WHEEL AND ONE TIRE FOR UNIT #200 DANIELS TIRE SERVICE INC $1,713.76 25000466 A9068 FIBER OPTIC CABLE ODTR TESTING M BREY ELECTRIC INC $2,847.00 25000478 A9068 NEW CIRCUITS FOR MEDIAN STATUES REVISION 1 M BREY ELECTRIC INC $32,606.19 25000479 24B129 PS STADIUM LAUNDRY - REPAIR SEWER LINE KINCAID INDUSTRIES INC $24,446.96 25000482 A9145 NAVIGATION CENTER BUILDING C - CARPETING MOHAWK COMMERCIAL INC $25,426.78 25000483 24B129 NAVIGATION CENTER BUILDING C - PLUMBING KINCAID INDUSTRIES INC $9,450.53 25000486 24I226 POLICE DEPARTMENT MOLD REMEDIATION DESERT VALLEY RESTORATION INC $9,991.06 25000487 24I229 DEMUTH COMMUNITY CENTER MOLD REMEDIATION DESERT VALLEY RESTORATION INC $5,763.51 25000492 A9069 NAVIGATION CENTER BUILDING C - HVAC ALLISON MECHANICAL INC $3,411.75 25000494 A9068 FIRE STATION 2 - ATS REPLACEMENT M BREY ELECTRIC INC $5,794.00 25000505 AIR-CONDITIONING REPAIR PARTS FOR ADOBE BLDG REFRIGERATION SUPPLIES DISTRIBUTOR $2,697.51 25000509 A9145 PD GYM FLOORING REPLACEMENT MOHAWK COMMERCIAL INC $25,188.72 25000516 A9232 POLICE DEPARTMENT - DEEP CLEANING FOR ATB EVENT
VERDE FACILITIES SERVICES LLC $1,215.41
25000517 A9232 SUNRISE PLAZA EVENTS - CUSTODIAL COVERAGE 9/22- 9/2
VERDE FACILITIES SERVICES LLC $3,280.91

PAGE 4 OF 6
Item 1B - Page 8

PURCHASE ORDERS
SEPTEMBER 1, 2024 - SEPTEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000522 A9068 PALM CANYON - SEPARATE GFCI CIRCUITS M BREY ELECTRIC INC $38,912.00 25000530 DG FOR DEMUTH PARK WHITEWATER ROCK & SUPPLY CO $946.11 25000531 SWAMP COOLER PUMPS FOR FIRE STATION #2 HAJOCA CORPORATION $1,928.22 25000536 23B101 INSTALL ANTENNA TO FIRE SYSTEM-DESERT

HIGHLAND CTR
FIRE PROTECTION SERVICE CORPORATION $719.26
25000537 23B101 ALARM SYSTEM REPLACEMENT AT VILLAGE GREEN FIRE PROTECTION SERVICE CORPORATION $1,130.70 25000538 A9077 NAVIGATION CENTER BUILDING C - ROOF AL MILLER AND SONS ROOFING INC $27,600.00 25000549 A9232 SUNRISE PLAZA ATB EVENTS - CUSTODIAL COVERAGE 9/29
VERDE FACILITIES SERVICES LLC $502.02
25000550 A9232 DHUC BASKETBALL COURT CUSTODIAL SERVICES 9/30- 10/0
VERDE FACILITIES SERVICES LLC $762.17
25000552 A9232 RESTROOM CLEANING STADIUM VERDE FACILITIES SERVICES LLC $258.12 25000553 A9077 CITYWIDE ROOF REPAIRS AL MILLER AND SONS ROOFING INC $50,000.00 25000554 23B101 CITYWIDE REPAIRS FIRE PROTECTION SERVICE CORPORATION $6,000.00 25000389 A9324 OFFICE SUPPLIES-GENERAL FOR FACILITIES

MAINTENANCE
ODP BUSINESS SOLUTIONS $10,000.00
25000391 23S060 HANDLE BAR BACKS FOR MOTORCYCLE UNIT# 095 JORDAN FREEMAN $389.95 25000396 A9230 VEHICLE REPAIRS FOR EST. 080782 GERGIS YOUSEF $3,557.08 25000401 24I216 FLEET MANAGEMENT SOFTWARE EKOS INC $2,928.00 25000419 A9296 SOUND STAGE PICK UP AND DELIVERY CITY YARD TO INDI
PLAZA TOWING INC $990.00
25000427 A9230 VEHICLE REPAIR GERGIS YOUSEF $25,000.00 25000429 A9077 CITY WIDE ROOF INSPECTION AND REPAIRS AL MILLER AND SONS ROOFING INC $50,000.00 25000431 A9265-B REPAIRS TO UNIT 3115E SVT FLEET LLC $10,019.95 25000432 23C394 FLEET DIVISION PARTS PURCHASE DESERT AREA CORPORATION $25,000.00 25000437 NEW VEHICLE PURCHASE FIESTA FORD INC $56,237.86 25000439 23S060 BATTERY REPLACEMENT ON UNIT 098 JORDAN FREEMAN $368.59 25000453 23B003 INSTALL INDUSTRIAL ORNAMENTAL WROUGHT IRON

FENCE A
MOORE FENCE COMPANY INC $56,557.54
25000462 A9232 ADDITIONAL JANITORIAL SERVICES VERDE FACILITIES SERVICES LLC $2,717.91 25000463 A9232 DESERT HIGHLAND CLEANING VERDE FACILITIES SERVICES LLC $762.17 25000464 A9186 CHEMICALS FOR CITY BUILDINGS AND COGEN PLANT NALCO COMPANY $15,318.88 25000465 23B046 SPRINKLER INSPECTION FOR THE DOWNTOWN

BELARDO PARK
DESERT FIRE EXTINGUISHER CO INC $3,244.00
25000481 24B129 SAW CUT CONCRETE REPAIR WASTE LINE KINCAID INDUSTRIES INC $633.10

FLEET OPERATIONS

PAGE 5 OF 6
Item 1B - Page 9

PURCHASE ORDERS
SEPTEMBER 1, 2024 - SEPTEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000490 A5410 PURCHASE OF NATURAL GAS FOR FY 24/25 CLEAN ENERGY FUELS $41,500.00 25000495 A9190 TOWING SERVICES FOR CITY VEHICLES MOHICA TOWING $1,385.00 25000508 A9241 VEHICLE REPAIRS FOR PD DODGE DURANGOS J & L AUTO BODY INC $35,900.00 25000512 23S060 TIRES, BRAKES AND BATTERY ON UNIT #094 JORDAN FREEMAN $3,259.26 25000513 23S057 VEHICLE REPAIR FIRE AARF UNIT #205 SOUTH COAST LLC $962.15 25000514 A9190 EMERGENCY TOW FOR UNIT 063 MOHICA TOWING $260.00 25000515 A9190 EMERGENCY TOWING SERVICES FOR CITY

DEPARTMENTS
MOHICA TOWING $15,000.00
25000518 A9190 EMERGENCY TOW AND CLEAN UP FOR UNIT 156 MOHICA TOWING $440.00 25000548 23B104 AUTOMOTIVE PARTS - RETRACTOR KIT AND SEAT BELT BLACK AND WHITE EMERGENCY VEHICLES $362.55 25000397 A9192 QUOTE# 23553 ATTACHED. PED SIGNS, CITY HALL/HR SIG
PACIFIC PRODUCTS AND SERVICES LLC $8,349.27
25000477 A9192 RED TRAFFIC PAINT CITY WIDE PACIFIC PRODUCTS AND SERVICES LLC $6,255.84 25000491 24C172 COMPACTOR FOR DEMUTH PARK SUNBELT RENTALS INC $1,031.28 25000496 24B021 QUOTE ATTACHED. ADDITIONAL STRIPING ALONG E.

PALM
SUPERIOR PAVEMENT MARKINGS INC $11,775.45
25000497 A9248 CLASS 2 BASE HI GRADE MATERIALS CO $2,110.75 25000507 24C172 BUCKET TRUCK RENTAL FOR BANNERS AND SIGNS SUNBELT RENTALS INC $2,867.45 25000519 24B083 PROPOSAL ATTACHED. ADDITIONAL CONCRETE AT

PSP STAD
HARDY AND HARPER INC $31,248.00
25000520 A9248 QUOTE# 139907 ATTACHED. CONCRETE FOR ALEJO

WEST OF
HI GRADE MATERIALS CO $792.65
25000539 A9192 WHITE TRAFFIC PAINT AND WOOD BOARDS

BARRICADES
PACIFIC PRODUCTS AND SERVICES LLC $4,544.80
25000540 A9192 WHITE TRAFFIC PAINT AND WOOD BOARDS

BARRICADES
PACIFIC PRODUCTS AND SERVICES LLC $4,509.84
25000551 24B083 CONCRETE AT LEISURE CENTER HARDY AND HARPER INC $24,227.00 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

STREETS MAINTENANCE

PAGE 6 OF 6
Item 1B - Page 10

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 24, 2024 CONSENT CALENDAR

SUBJECT: PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2023-24

FROM: Scott C. Stiles, City Manager

BY: Library

SUMMARY:

The City Council will receive and file the Palm Springs Board of Library Trustees Annual Report.

RECOMMENDATION:

1. Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2023-24.

BACKGROUND:

At their September 4, 202 4 meeting, the Palm Springs Board of Library Trustees unanimously approved the Annual Report for Fiscal Year 2023-24 . Pursuant to their Bylaws, the report is being submitted for City Council to receive and file.

REVIEWED BY:

Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Library Annual Report 2023-24
Item 1C - Page 1

ATTACHMENT A

Item 1C - Page 2
making a comeback with a 17% increase in foot traffic. Library patrons checked out 6.5% more physical books and media and 13% more downloadable electronic items than the previous fiscal year. We issued 19% more library cards and hosted 19% more programs, with 29% more people attending those programs. We expect this year’s statistics to continue the upward trend. Be sure to download our new mobile app to access your account, our list of events, and downloadable resources , all free of charge!
We spent a significant amount of time working on the library renovation project this year. Community outreach events and online surveys provided tremendous input on what our community wants and needs from their public library. Roughly 1,800 participants provided input on important features for the library, as well as interior and exterior design palettes. Our next steps are to take the designs and convert them to construction documents, put the project out to bid for a contractor, and get busy! We look forward to locating a temporary location to continue our quality service to our patrons, both long-time library users and new card holders. Visit EngagePalmSprings.com to get updates about the library renovation project and to see renderings of what the renovated library could look like. Thank you for your support!

STATISTICS
AT-A-GLANCE:

Palm Springs Public Library

PALM SPRINGS PUBLIC LIBRARYPALM SPRINGS PUBLIC LIBRARY
2023-2024 ANNUAL REPORT
City Librarian Jeannie Kays
Palm Springs Public Library
300 S. Sunrise Way, Palm Springs, CA 92262
760-322-READ (7323) www.pslibrary.org

MAIN LIBRARY
Library Visits/Door Count: 140,274
Materials Checked Out: 331,403
Number of eBook Check-outs: 24,508
Public Service Hours: 2,509
New Library Cards Issued: 3,064
Public Computer Sessions: 20,983
Public Wi-Fi Sessions: 22,475
Number of Virtual Programs: 30
Virtual Program Attendance: 937
Number of In-Person Programs: 326
In-Person Program Attendance: 6,783
Volunteer Hours: 803
Number of Reference Questions: 8,994
Passport Applications Processed: 819

WELWOOD MURRAY MEMORIAL LIBRARY
Library Visits/Door Count: 28,330
Public Service Hours: 3,010
Public Computer Sessions: 4,618
Public Wi-Fi Sessions: 1,975
On behalf of the Library Board of Trustees,
Friends of the Palm Springs Library, Palm
Springs Public Library Foundation, and Library
Staff, I present this Annual Report for Fiscal
Year 2023-24.

We experienced significant growth in several
statistical categories including door count,
circulation, new library cards, and program
attendance. Although our door count remains
lower than pre-pandemic numbers, we are
Jeannie Kays, Director of Library Services
Item 1C - Page 3
SUMMER READING STATS:

TOTAL SIGNUPS: 527 (+70
participants from last year!)
TOTAL BOOKS READ: 1,678
(Pre-K only, + 742 from last year!)
TOTAL HOURS READ:
2,299 ( youth + teens + adults)

TOTAL NUMBER OF WEEKLY
CHECK-INS: 1,001
checked out for two weeks; the passes offer free vehicle day-use entry to over 200 participating California State Parks. Research shows that spending time in the outdoors is associated with better mental and physical health, and that many Californians face barriers to accessing their parks. “California has a wealth of state parks, and many public libraries are likely within driving distance of one. By reducing barriers to park access and partnering with entities such as public libraries, the state can help more Californians
This year we continued with
Beanstack, our online registration
tool, as well as with weekly in-person
programs and weekly FREE books.

This year’s theme was ‘Read. Renew
Repeat.’ so several of our programs
were focused on sustainability and
being good stewards of our
resources. Once again we tracked
books for the Pre-K group and hours
read for Kids, Teens and Adults.

Participants earned badges and a
chance to win grand prizes
generously provided by the Friends
of the Library and many local
businesses and organizations. This
year the Sustainability Commission
provided funds to buy 8 bicycles and
an electric scooter, all also included a
helmet and bike lock. This year
participants could enter their ticket
in bins for the grand prize they
wanted to try and win. At the finale
grand prize winners were drawn live
and half of the winners were present!
We all celebrated the end to summer
reading with cookies from Aspen
Mills along with other giveaways.

The Friends of the Palm Springs
Library applied for and received a
grant on behalf of the Library from
Anderson Children’s Foundation
(ACF). Notification was received in
June 2023 that the application was
successful and a $25,000 grant for
S.T.E.A.M. materials for a Teen
Maker Space was received in
August. This grant funded robots
and iPads and other supplies and
S.T.E.A.M. programming for the year
focused on Science, Technology,
Engineering, the Arts and
Mathematics. Items purchased
included iPads, Snap Circuits,
Sphero Robots, Cricut Machine,
Hue Animation Studio, Circulating
S.T.E.A.M. Kits, Mobile Maker Space
cart, and other craft and painting
supplies. Monthly programs were
hosted in the Teen Zone as well as
Maker Space Open Play events.

Special Tween and D-I-Y Kids
programs also took place.

Summer Reading 2024
Read. Renew. Repeat
Library Receives Grant for
$5,000 for Discovery
Backpacks.

In support of the California State Parks Pass
initiative and collaboration to remove
barriers to allow people to access and enjoy
our state natural resources, the Library
offers fifty (50) Hangtags and ten (10)
Discovery Backpacks that can be checked
out for FREE with a library card. The
Discovery backpacks and the materials
inside were purchased with funds from a
$5,000 grant awarded to the Library to
enhance a visit to a State Park. The
backpacks and hangtag passes can be
Teen Maker Space
Grant from Anderson’s
Children’s Foundation
for $25,000
In the picture, left-right: Brianna
Uhlhorn, ACF Director of Grants and
Media, Stephanie Laing, Teen Librarian,
Jeannie Kays, Library Director, and
Diane Schlesinger, ACF Trustee.
explore the outdoors and generate
positive impacts in the areas of
health, natural resource
stewardship, and historical and
cultural connections” said a State
Library Spokesperson.

Item 1C - Page 4

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 24, 2024 CONSENT CALENDAR

SUBJECT: APPROVE A TASK ORDER TO COMMUNITY WORKS DESIGN GROUP,

LLC FOR SUNRISE PARK IRRIGATION CONVERSION TO RECYCLED
WATER UNDER ON- CALL AGREEMENT (A8868) FOR LANDSCAPE

ARCHITECTURAL SERVICES

FROM: Scott C. Stiles, City Manager

BY: Lauri Aylaian, Interim Parks & Recreation Director

SUMMARY:

This action will approve the issuance of Task Order No. 2 to Community Works Design Group, LLC for Sunrise Park Irrigation Conversion to Recycled Water for an increase of $21,525 and a total task order amount not to exceed $91,600.

RECOMMENDATION:

1. Approve issuance of Task Order No. 2 to On-Call Agreement No. A8868 with Community Works Design Group, LLC for Sunrise Park irrigation conversion to recycled water for an increase of $21,525 and a total task order amount not to exceed $91,600;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment A), Community Work Design Group, LLC is a limited liability company registered in the state of California.

BACKGROUND:

On March 30, 2022, Desert Water Agency (DWA) contacted the City to request support of their application for funding through the Proposition 1, Round 2 Integrated Regional Water Management (IRWM) Implementation Grant Program. This application requested funding to conduct a feasibility study and a portion of the construction cost to connect Sunrise Park to DWA’s recycled water system. Former City Manager Justin Clifton issued a letter of support on April 13, 2022 (Attachment B).

Item 1D - Page 1
City Council Staff Report
October 24, 2024 -- Page 2
Approve Task Order for Sunrise Park Irrigation Conversion to Recycled Water

In March of 2023, the State Department of Water Resources entered into a grant agreement with the Coachella Valley Water District for IRWM implementation. This grant provides funding to six projects across the Coachella Valley, with Project 6 being Sunrise Park Recycled Water Connection, funding $500,000 of the total project costs.

The project will connect Sunrise Park to recycled water. The project includes the addition of a booster station, approximately 4,000 lineal feet of recycled water pipe and some onsite connection retrofits for 11 services. The capacity at the existing water recycling plant is sufficient to handle the additional demand so no upgrades are necessary at that facility as a result of this project. The project will provide 199 acre- feet per year (AFY) of recycled water, decreasing the demand of groundwater pumping.

Following receipt of the grant funding, DWA and the City initiated planning and design of the irrigation conversion to recycled water. Staff asked their on-call landscape architects for proposals and selected Community Works Design Group, LLC and issued Task Order No. 1 for an amount of $70,075, as detailed below.

Site Investigation/System Evaluation $38,675
Scope of Work Determination $ 4,900
Construction Documents $24,000
Reimbursables
$ 2,500
Total $70,075

STAFF ANALYSIS:

Community Works Design Group LLC has been coordinating with the City and DWA to meet the state and local requirements to install recycled water at Sunrise Park but due to unforeseen challenges, such as a lack of local standards for recycled water and extended timelines as DWA finalizes their specifications for the project , staff recommends an increase of $8,400 for preparation of construction documents. In addition, staff recommends approval of adding bidding and construction administration to Community Works Design Group LLC’s task for $13,125 through construction of the project.

Staff has reviewed Task Order No. 2 and finds the increase of $21,525 appropriate and recommends approval. This increase will allow for completion of construction documents, support in the bidding process including respon ding to request s for information, and construction administration including site visits, submittal and approval, and responding to requests for information from the contractor, for a total project amount of $91,600.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the Item 1D - Page 2
City Council Staff Report
October 24, 2024 -- Page 3
Approve Task Order for Sunrise Park Irrigation Conversion to Recycled Water

environment. The requested action is to approve a task order 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 2, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024- 25 in Capital Projects account 22613205-80000, Project String 20- 07-CAP-IMPR-CTYFACIMPR- SUNDOMWTR.

REVIEWED BY:

Interim Parks & Recreation Director: Lauri Aylaian
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. April 13, 2022, Letter of Support

Item 1D - Page 3

ATTACHMENT A

Item 1D - Page 4
STATEMENT OF QUALIFICATIONS FOR ON-CALL LANDSCAPE ARCHITECTURE SERVICES (SOQ# 09-21)

CITY OF PALM SPRINGS
APRIL 1, 2021
g

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

5. Type of Entity
F Corporation F Limited Liability Company F Partnership FTrust FOther (please specify)

F Other _________________________________
____________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other _________________________________

Community Works Design Group, LLC
4649 Brockton Avenue, Riverside, CA 92506
California
X
Scott Rice XX
Item 1D - Page 5
STATEMENT OF QUALIFICATIONS FOR ON-CALL LANDSCAPE ARCHITECTURE SERVICES (SOQ# 09-21)

CITY OF PALM SPRINGS
APRIL 1, 2021
h

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed
Name, Title
Date

Scott Rice, an individual 90%, Community Works Design Group, LLC T . I. Maloney , Inc., a California corporation 10%, Community Works Design Group, LLC March 31, 2021
Signature of Disclosing
Namememmmmmmmmmmmmmmmmmmmmmmmmmmemmmmmmmmmmmmmmmmmmmmmmmmee, Title Scott Rice, President
Item 1D - Page 6
i
,
.
- ~ -
-
-
- - -
- -
I __J
STATEMENT OF QUALIFICATIONS FOR ON-CALL LANDSCAPE ARCHITECTURE SERVICES (SOQ# 09-21)

CITY OF PALM SPRINGS
APRIL 1, 2021
i

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

5. Type of Entity
F Corporation F Limited Liability Company F Partnership FTrust FOther (please specify)

F Other _________________________________
____________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other _________________________________

T .I. Maloney , Inc.
4649 Brockton Avenue, Riverside, CA 92506
California
X
Timothy I. Maloney XX
Item 1D - Page 7
STATEMENT OF QUALIFICATIONS FOR ON-CALL LANDSCAPE ARCHITECTURE SERVICES (SOQ# 09-21)

CITY OF PALM SPRINGS
APRIL 1, 2021
j

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

EXAMPLE

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

Signature of Disclosing Party, Printed
Name, Title
Date

Timothy I. Maloney , an individual 100%, T . I. Maloney , Inc.

March 31, 2021
Timothy I. Maloney , President

CALIFORNIA THAT THE FOREGOING IS TR
ature of Disclosin g Part y, Printed
e, Titlee
Date
M
Timothy I. Maloney, PPPPPPrPrPrPP esident
Item 1D - Page 8
i
,
.
- ~ -
-
-
- - -
- -
I __J

ATTACHMENT B

Item 1D - Page 9
City of Palm Spring s
Justin Clifton
City Manager
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 322-8350 • Fax: (760) 323-8207 • Web: www.palmspringsca.gov Post Office Box 2743 • Palm Springs, California 92263-2743 April 13, 2022
Congressman Dr. Raul Ruiz
2342 Rayburn HOB
Washington, DC 20515
RE: Letter of Support for Desert Water Agency Recycled Water Connection to Sunrise Park Dear Congressman Ruiz:

As the City Manager for City of Palm Springs, I am writing in strong support of Desert Water Agency Recycled Water Connection to Sunrise Park. The City of Palm Springs has about 49,007 residents and millions of visitors a year. Our parks are a great place for families and seniors to enjoy and Sunrise Park, home to our library, pool, and a Senior Center, is one of the best.

The City of Palm Springs is the wastewater agency for the majority of Desert Water Agency’s water service area. The city conveys treated wastewater to Desert Water Agency for treatment and distribution to recycled water customers. The connection would provide one of our city parks and playing fields, roughly a million square feet of grass, with recycled water instead of potable water.

As you well know, Palm Springs experiences high temperatures and minimal rain, making potable water conservation essential to the long-term future of the valley. Desert Water Agency (DWA) is a great proponent of water conservation, and this project is another important step in being a good steward of our region’s resources.

This project would provide water supply and water quality benefits for our community. It would also demonstrate our commitment to sustainability and make our community further drought resistant.

On behalf of City of Palm Springs, please accept this letter of support for Desert Water Agency Recycled Water Connection to Sunrise Park. We appreciate your thoughtful review of DWA’s proposal and the regional benefits it offers.

Sincerely,
Justin Clifton, City Manager
Item 1D - Page 10

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 24, 2024 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO . 24B250 WITH ENPRO ELEVATOR, INC. FOR ELEVATOR EQUIPMENT

REPLACEMENT FOR PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Agreement No. 24B250 with Enpro Elevator, Inc. (Enpro), in an amount not to exceed $575,820 for elevator equipment replacement for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24B250 (Attachment A) with Enpro Elevator, Inc. to provide elevator equipment replacement for the Palm Springs International Airport in an amount not to exceed $ 575,820 for the initial one -year term beginning October 28, 2024 through October 27, 2025.

2. Appropriate $340,820 from Airport Fund 416, moving funds from Airport Account No. 4167070-50126 (Grant Expenses) to Airport A ccount 4167065-60015 (Other Equipment).

3. 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 September 9 , 202 4, Enpro Elevator, Inc. is a California Corporation registered in the states of Nevada and California.

BACKGROUND:

The Airport has three hydraulic elevators. The first elevator is located in the Wexler main terminal building and provides service to passengers, Airport Commissioners, Airport Item 1E - Page 1
City Council Staff Report
October 24, 2024 -- Page 2
Award Elevator Equipment Replacement Agreement

tenants and staff, and visitors to and from the second floor Airport offices, conference room, and public restrooms. The second elevator is located beneath the Sonny Bono Concourse and is used by passengers, Stay & Play Visitors, Airport tenants and staff for access to and from the Sonny Bono Concourse. T he third elevator is located in the Airport’s sterile area near Gate 4 and is primarily used by Airport tenants and staff to transport goods and supplies, and it is also used as a secondary passenger elevat or to and from the Sonny Bono Concourse when the elevator located beneath the Sonny Bono Concourse is non -operational. The Airport elevator locations are illustrated in Attachment C.

Since their installation in the mid- 1990s, these elevators have been in continuous operation without undergoing equipment modernization or full replacements. Elevators with regular maintenance typically have a life expectancy of 20 to 30 years, and w hile regular maintenance has been performed on the Airport’s elevators, the equipment has now reached the end of its useful life. To keep the elevators operational, the Airport has also spent approximately $204,196 on repairs from April 2023 to September 2024 .

Maintaining functional elevators is essential for passenger convenience, ADA compliance, and the health and safety of passengers, Stay and Play Visitors, and Airport tenants and staff.

On March 9, 2023, the City Council approved Cooperative Agreement No. 23C004 with TK Elevator Corporation for elevator and escalator maintenance and repair services.

While the maintenance and repair services provided by TK Elevator Corporation have been essential in keeping these aging elevators operational, staff has determined that a full elevator equipment retrofit is now necessary to ensure long-term safety, reliability, and continued ADA compliance.

STAFF ANALYSIS:

An Invitation for Bids (IFB 24- 15) was initiated by the City’s Procurement & Contracting Department on May 28, 2024, based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor portal, Planet Bids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the September 12, 2024, deadline. Below is the one responsive bid received:

Vendor Bid
Enpro Elevator, Inc. – Rancho Cordova, CA $575,820.00

Staff recommends awarding Contract Services Agreement No. 24B250 with Enpro Elevator, Inc. for the one- year term in the amount not to exceed $575,820 effective October 28, 2024, through October 27, 2025, for the replacement of essential elevator equipment and the modernization of equipment that remains in good condition. This will enhance safety, improve performance, and provide long- term cost savings by reducing the need for frequent repairs and ensuring compliance with current standards.

Item 1E - Page 2
City Council Staff Report
October 24, 2024 -- Page 3
Award Elevator Equipment Replacement Agreement

Although only one bid was received, elevator replacement work is highly specialized and there are limited firms that do this type of work. Staff has reviewed the bid prices and found them to be fair and reasonable for the scope of work and therefore recom mends proceeding with the award.

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 Airport had budgeted $235,000 of local funds in Account No. 4167065-60015 (Other Equipment) and $4,465,000 of Bipartisan Infrastructure Law Airport Terminal Program (BIL-ATP) grant funds in Account No. 4167070-50126 (Grant Expenses) for conveyance replacement. The Airport applied for BIL-ATP grant funding, which has not been awarded, and the Airport will continue to apply for funding provided the FAA makes the grant funds available.

To support this project, the Airport will use local funds. Approval of this action includes an appropriation of $340,820 from Airport Fund 416, moving funds from Account No. 4167070-50126 (Grant Expenses) to A ccount 4167065-60015 (Other Equipment). This adjustment will increase the total available funds in Account No. 4167065- 60015 to $575,820, which is the amount needed for the elevator equipment agreement.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

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

Item 1E - Page 3
City Council Staff Report
October 24, 2024 -- Page 4
Award Elevator Equipment Replacement Agreement

ATTACHMENTS:

A. Contract Services Agreement No. 24B250
B. Public Integrity Disclosure
C. Airport Elevator Locations
Item 1E - Page 4

ATTACHMENT A

CONTRACT
SERVICES AGREEMENT NO. 24B250
WITH ENPRO ELEVATOR, INC.

Item 1E - Page 5

Page 1 of 66 ends

CONTRACT SERVICES AGREEMENT NO. 24B250

ELEVATOR EQUIPMENT REPLACEMENT FOR

PALM SPRINGS INTERNATIONAL AIRPORT
THIS
AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on October 28, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Enpro E levator, Inc., a California corporation, (“Contractor”).

City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a contractor to replace and modernize essential parts of the elevator system at the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a Bid to replace and modernize essential parts of the elevator system at the Palm Springs International Airport, under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”) .

Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees .

Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

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

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

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

2. TIME FOR COMPLETION
Item 1E - Page 6

Page 2 of 66 ends

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $575,820.00.

Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

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

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

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

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the Item 1E - Page 7

Page 3 of 66 ends

period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on October 28, 2024, and ending on October 27, 2025, unless extended by mutual written agreement of the Parties.

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

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

5. COORDINATION OF WORK

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

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

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval . In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Item 1E - Page 8

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Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City . Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance . Contractor shall not have any authority to bind City in any manner.

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

Name: Title:

C hris Ferreira President

5.6 California Labor Code Requirements.

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

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by Item 1E - Page 9

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the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

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

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

8. RECORDS AND REPORTS

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

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

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement Item 1E - Page 10

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

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

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

11. MISCELLANEOUS PROVISIONS

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

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

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

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To Contractor: Enpro Elevator, Inc.

Attention: Chris Ferreira
11312 Sunco Dr.

Rancho Cordova, CA 95742

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

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

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

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

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

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

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

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

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

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

Item 1E - Page 13

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

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND ENPRO ELEVATOR, INC.

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

CONTRACTOR:

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

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _________________ Item No. _________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1E - Page 16

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1.1 Background:

The Airport has determined that the three elevator systems (two passenger elevators and one cargo) currently in use are outdated and in poor condition. The Contractor will provide the replacement of essential parts of the elevator systems and the modernization of the parts of the system that are still in good serviceable condition. This work will need to be done sequentially to prevent excessive impact on daily operations.

1.2 Scope:

A. The Contractor shall provide digital renderings of the proposed interiors . The Airport will provide PSP logo and branding color information.

B. The Contractor shall provide and install new elevator controllers with the following capabilities:
a. Non-proprietary controller.
b. Designed for hydraulic elevator applications.
c. Minimum two points of access for diagnostic/maintenance function.

C. The Contractor shall provide and install new hydraulic power units. a. Appropriately sized for each of the elevator cars.
b. New hydraulic fluid tank to be included.
c. Noise and vibration isolated.
d. Replacement of hydraulic lines.

D. The Contractor shall provide new cab interior doors.

E. The Contractor shall ensure that the existing exterior of the “Wexler Terminal” elevator doors and frames must not be damaged or removed. The “Wexler Terminal” elevator cannot have any of the exterior changed.

F. The Contractor shall ensure that the cargo elevator should have a more durable interior.

G. The Contractor shall provide new drives, control units, door operators, passenger controls, updated interiors and mechanical guides.

H. The Contractor shall provide new in car operation fixtures with the following features. a. LED interior lighting
b. Touchless preferred
c. Stainless steel finish
I. The Contractor shall provide new in cab side panels with the following features:
a. Stainless steel paneling
b. New brushed finish handrails
J. The Contractor shall provide new in cab floor finish includes:
a. Stain resistant
b. Hard flooring
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K. All new interior, door and operations fixtures are to meet ADA requirements.

L. The Contractor shall include replacement of guide shoes.

M. The Contractor shall fit the Cargo elevator with a mar and dent resistant interior finish.

N. All demoed/removed materials will be the responsibility of the Contractor to remove and dispose of correctly.

O. The Contractor shall obtain Security Identification Display Area access badges for their employees.

1.3 Schedule:

A. Night work construction hours will be arranged to minimize the impact on passenger traffic (generally this will require work to occur between 8:00 pm and 4:00 am and may vary).

B. Work must be completed no later than 60 calendar days after the Notice to Proceed is issued.

1.4 Warranty:

A. Installation Warranty:

Contractor shall provide a one-year installation warranty on elevator equipment.

B. Equipment Warranty:

The Contractor shall fully warrant all products including without limitation against any poor or inferior quality product for a period not less than three years from the date of final acceptance of the work by the City. The Contractor shall replace product in a timely manner so as to minimize the possible disruption of Airport operations resulting from the aid product.

1.5 Payment:

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

1.6 Invoicing:

The Contractor shall submit the invoice to the Contract Administrator. Each invoice will be reviewed for accuracy. Any irregularities will be brought to the Contractor’s attention immediately. This may include excessive and or unreasonable part prices, ill egible information, inaccurate information, inaccurate information, etc. In the case of parts pricing, the City may ask for copies of the original parts invoices I order to verify the pricing, quality, and allowed markup, if any. Approval for payment shall be authorized by the Contract Administrator.

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Item 1E - Page 19

ATTACHMENT G

BID FORM
INVIITATION FOR BIIDS (IFS 24-116)
ELEVATOR EQUIPiMENT REPLACEMENT FOR
THE PALM SPRI GS INTERNATIOtML AIRPORT
Respondiog to this IFB for Elevator Equipment Rep,acem mt, the undersigned bidder proposes and agrees to provide the services and work In .a.cooroance ~vith ffle s:pecffications. Bidder proposes and agrees to furnish, all labor, equfpment, materials , sup~rvis.Jon, and service necessary to ,complete said Werk in accordance w ~h the· Spoolflcations of the City of Palm Springs and will accept as foll payment therefore, the fo'llowing unit cost amounl$. The City of Pailrn Springs will not accept any additiona11 charges, fees, etc. that are not already Included or incorporated In the betow 1.1nit ,costs- ·
For the initial ttl ree ye.ars of the Agreement term, the Unit Pricing shall remain fixed. For optiona:I1 years 4 and 5, Contractor may r,e,quest a price adjustment not to exceed the IB ureau of Labor Statistic's Consumer Price llndex {OPI) for the Riverside/San BernadinoJOntariQ region fo:r th& prior 12-month period effective· 011 the anniversary date. Optional renewal years 4 and 5, and any associated CP,I 1in.crease, ari;J, at the rnulu1:1I consent of the City and the Contractor.

ITEM
1 ,2
3 DESCRIPTION
WeX!ler !Elevator
Passe- er Ele'llalor
Ca:r o Elevator
I nsta.llatlon Warrant
E ui ment Warran
Firm N!ame: CHRIS F'l::RFU:]IRA
DIR Number: 1000060647
U'Nli'f •QUIANTITY UNliT P,RIICE
1 1
1 1
3 Signature of Authorized Person: -----~-·------· -~-----~-----· _____ · ________________ _ P . ...,d N CHRIS FERREIRA no... . ame: ____ _ ________________ ____ _ Title: PRiESIDENiT
Date: 9/9/2024
fl.age 3 of6

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EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1E - Page 20

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INSURANCE

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

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

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

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

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

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

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

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

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

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s Item 1E - Page 21

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services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf . All proof of insurance is to be received and approved by the City before work commences . City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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

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

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

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

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement . At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Item 1E - Page 22

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Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

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

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EXHIBIT “C”

Item 1E - Page 24
AffACHMENT "F"
EXECUTIVE ORDER N-6-22 : CERT IFl,CA TION
INV1iil'ATION FOR BIDS ftFB 24-16)
EILE.VATOR EQUIPMENT REPLACEMENT FOR
THE PAIJM SPAJ NGS INiTERNA TtONA AIRPORT
Executive Ord r N-6-22 issued by Governor Gavin Ne'iM.lcim on March 4, 2022, directs all ag:encies .iind departmen ts that are subject to the Governor's authooity to (a) ifflTlina.te any contracts with any individuals or en11t es that are determined to be a target of economic sanotio s against Russ ia and Russian entilies and indivfdua ls; and (b) ref1ra n from ernter1ing into a:ny new contracts will, such individ als or entities 'lll'hile the a~orementioned sanotrons are in effect.

Ex,e,cutive O.rder N--6-22 aso r,equires that any rontracior that (1) cul'i ently ha a contract with t he Ci1ty or Pal'm Springs funded through grant fun ds pro,vicfed by the State of' California; and/or (2) submits a bid o:r proposal or ottle.rwise proposes to or enter into or renew a. contract wilh the Oity of Palm Springs wi~h State of C lifornia grant funds, certify that the person is not the target of any economic sane.tic ns. against Russia and Russian ,entmes and individuals .

The cont racto r hereby certifies, SUBJECT TO ENAL TY FOR PERJURY, that a) the oontractor is not a target of al'!y eoonomic sa otio:ns again.st Ru.$$ian and RuS13ian entities and individuals as disc ussed I Executive Order NLS-22 and b) the person si9nill:9 bglow is duf,y aulhorized to legally bind 11he Gontracior. This certificat ion is mad'e under lhe l:aws of the Stale of Califomia.

Signature: ~ r~
Pnntedl Name: CHRIS FERREi RA
Title: PRESIDENT
Firm Name: ENPRO ELEVATOR INC.

Date· 9/912024

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Exhibit “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

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

*Solicitation Clause also
Updated 2.8.2023
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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

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

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

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FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

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

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

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

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

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

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

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

REQUIREMENTS -

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

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

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

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially Item 1E - Page 27

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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

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

REQUIREMENT -
See Section 4.5 of the Agreement.

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

REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily 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
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FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.

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

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

Reference: 49 USC § 47123
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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take Item 1E - Page 32

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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
b. Cancelling, terminating, or suspending a contract, in whole or in part.

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

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

REQUIREMENT -
If the Agreement exceeds $150,000, 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

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

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

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

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

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

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

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

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

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

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

3. Withholding for Unpaid Wages and Liquidated Damages.

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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
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FAA – 09 Copeland Anti-Kickback

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

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

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.

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FAA – 10 Davis Bacon Requirements

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

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

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

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

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

DAVIS-BACON REQUIREMENTS

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

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination Item 1E - Page 39

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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 fringe benefit or an hourly cash equivalent thereof.

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(iv) If the Contractor does not make payments to a trustee or other 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 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 Item 1E - Page 41

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include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

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

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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 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 Item 1E - Page 43

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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.

10. Certification of Eligibility.

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

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

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

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

A11.3.2 Lower Tier Contract Certification

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

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

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

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

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

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

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

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

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

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

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

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

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required Item 1E - Page 47

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in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.

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

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

REQUIREMENT -

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

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

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

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

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

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

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

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

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

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

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

Professional Services – all professional service agreements as required above.

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

REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such Item 1E - Page 52

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

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

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

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

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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 each craft during the period specified.

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

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees 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 eac h construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Item 1E - Page 55

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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 Contractor’s obligations under these specifications are being carried out.

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

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

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

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

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

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

13. The 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 Item 1E - Page 57

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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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1E - Page 61

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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 1E - Page 62

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

Construction and Equipment – all construction and equipment projects.

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

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

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

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

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
Item 1E - Page 63

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

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

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

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

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

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

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

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

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

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

A23.3.2 Construction Contracts

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

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

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

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

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

Item 1E - Page 66

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

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1E - Page 67

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

REQUIREMENT -

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

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

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

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

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

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

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

Reference: 49 USC § 50104, 49 CFR part 30

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

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

Reference: 49 USC § 47112(c)
Item 1E - Page 70

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FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

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

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

Item 1E - Page 71

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1E - Page 72
Item 1E - Page 73

1. 2.

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
ENPRO ELEVATOR INC.

Address of Entity (Principal Place of Business)
11312 SUNCO DR. RANCHO CORDOVA, CA 95742

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
CHRISTOPHER FERREIRA ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
MATTHEW WILLIAMS ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
Item 1E - Page 74

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.

DARMOND OLSON 7.5%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title
~r~
CHRIS FERREIRA, PRESIDENT 9/9/2024
Date
9/9/2024

ATTACHMENT C

AIRPORT ELEVATOR LOCATIONS
Item 1E - Page 75
Item 1E - Page 76
~1 ~~~~Tl:N~~!~~Ts ~

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 24, 2024 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 24P 258 WITH INTER-CON SECURITY SYSTEMS, INC. FOR UNARMED UNIFORMED

SECURITY GUARD SERVICES FOR CITY EVENTS

FROM: Scott C. Stiles, City Manager

BY: Lauri Aylaian, Interim Parks & Recreation Director

SUMMARY:

This action will approve a contract services agreement (24P258) with Inter-Con Security Systems, Inc. for unarmed uniformed security guard services for C ity events for an amount not to exceed $154,474.07.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24P258 (Attachment A) with Inter-Con Security Systems, Inc. to provide unarmed uniformed security guard services for City events for a three-year term in an amount not to exceed $154,474.07 beginning October 28, 2024, through October 27, 2027, with two options for one- year extensions at the City’s sole discretion;

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 September 4, 2024 , Inter -Con Security Systems, Inc . is registered in the state of California.

BACKGROUND:

Historically the City has contracted for additional unarmed uniformed security guard services to supplement staffing at City -sponsored events on an event -by-event basis.

This work dovetails with the work of the Palm Springs Police Department to ensure the safety of the public and participants during special events. Under the proposed contract, the contractor would provide unarmed Uniformed Security Guard Services at the following Item 1F - Page 1
City Council Staff Report
October 24, 2024 -- Page 2
Award Un-Armed Uniformed Security Guard Services for City Events Contract

City sponsored events: Veterans Day Parade, Pride Parade and Festival of Lights Parade as well as any other City -sponsored events deemed necessary during the term of the contract.

STAFF ANALYSIS:

The Recreation Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

Seven proposals were received by the deadline of September 4, 2024 as follows:

• A&A Security Group, Chatsworth, CA
• Inter-Con Security Systems, Inc., Pasadena, CA
• Jalala Inc. dba American Discount Security, Union City, CA • Peralta Management Co LLC, West Covina, CA
• Protect Us Security, Costa Mesa, CA
• Staff Pro Inc. dba Allied Universal Event Service, Westminster, CA (local office:

Palm Desert, CA)
• Veterans High Risk Security Solutions, Inc., Palm Desert, CA

The evaluation team made up of City staff from the Parks and Recreation and Police Departments evaluated the proposals received against published criteria that included the firms ’ experience, the experience of key staff members , the understanding of the scope of work, local preference, price, and interviews.

Inter-Con Security Systems, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT
:

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

This item aligns with the Council’s major themes and principles for forward‐thinking governance.

Item 1F - Page 2
City Council Staff Report
October 24, 2024 -- Page 3
Award Un-Armed Uniformed Security Guard Services for City Events Contract

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024-25 in community events account 1002530-50127.

REVIEWED BY:

Interim Parks & Recreation Director: Lauri Aylaian
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 24P258
B. Public Integrity Disclosure

Item 1F - Page 3

ATTACHMENT A

Item 1F - Page 4

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CONTRACT SERVICES AGREEMENT 24P258

UN-ARMED UNIFORMED SECURITY GUARD SERVICES FOR CITY EVENTS

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on October 28, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Inter-Con Security Systems, Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide un-armed uniformed security guard services for special events within the City of Palm Springs, (“Project”).

B. Contractor has submitted to City a proposal to provide un-armed uniformed security guard services for special events, under the terms of this Agreement.

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

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

AGREEMENT

1. CONTRACTOR SERVICES

Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.

Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

Item 1F - Page 5

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

3. COMPENSATION OF CONTRACTOR

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

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

4. PERFORMANCE SCHEDULE

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

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Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the S ervices for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer ’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on October 28, 2024, and ending on October 27, 2027, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

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

5. COORDINATION OF WORK

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

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

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this A greement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified . Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

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

Name: Title:

Brad Lauer SVP, Operations / Contract Manager
Richard Stack Chief Operating Officer
Brian Faulkner Chief Information Officer
David Oken EVP of Talent Acquisition

5.6 California Labor Code Requirements.

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the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuan t to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers , employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injur ies to or death of persons (Contractor’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

8. RECORDS AND REPORTS
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8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No Item 1F - Page 10

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

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. T he exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

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

11. MISCELLANEOUS PROVISIONS
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To City: City of Palm Springs
A ttention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Inter-Con Security Systems, Inc.

Attention: Kevin Hernandez
210 S. De Lacey Avenue
Pasadena, CA 91105

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

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

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

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

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

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant Item 1F - Page 12

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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.

[SIGNATURES ON NEXT PAGE]

Item 1F - Page 13

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND INTER-CON SECURITY SYSTEMS, INC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________________ Item No. ____________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

Item 1F - Page 14

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1F - Page 15

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1.1 Background: The Contractor shall provide un-armed Uniformed Security Guard Services to be provided as the following City sponsored events: Veterans Day Parade, Pride Parade and Festival of Lights Parade as well as any other City Sponsored events deemed necessary during the term of the contract.

1.2 Scope:

A. T he scope of work will consist of, but is not limited to, the Contractor providing all supervision, uniforms, supplies, materials, equipment, and transportation necessary to provide un -armed uniformed security guard and patrol services for various City sponsored events located in the City of Palm Springs as specified herein.

B. The Contractor’s Security Guards will patrol the event/location both in a motorized or non -motorized form of transportation and on foot to inspect all parts of the facilities/locations for the purpose of detecting and preventing individuals or groups from committing acts that are illegal or dangerous to others or to the property.

C. T he Contractor’s Security Guards will be required to have a valid State of California, Bureau of Security and investigative Servi ces Department, Security Guard license. The Contractor shall insure that background screenings have been performed and completed on all personnel provided. The Contractor will be responsible for crowd management and security services to include, but not limited to the following:
• Line control/access control/crowd control.
• Crowd monitoring.
• Parade vehicles, floats, participants and pedestrian traffic flow. • Valid identification checking for alcohol containment. • Access control and monitoring of traffic barricades.

D. The Event Security needs will be determined by City per event and the event security staffing levels are subject to change throughout the length of the agreement.

E. General Expectations:

1. The Contractor’s Supervisors will be required to attend scheduled planning meetings prior to and at the conclusion of the events, as requested by City Staff. The City has the right to assign and/or re- assign specific positions as needed. The Contractor’s Security Supervisors will be responsible for maintaining communication with their security staff through the set -up, event and conclusion of the event. The Contractor’s Supervisor will be stationed inside the City’s “Command Post” throughout the event and should be equipped with a radio and cell phone. Event Security DAR’s will be submitted to City staff at the conclusion of each shift.

2. The Security Guards shall be trained specifically for “event security” postings, duties and interactions.

3. The Contractor’s Security Guards shall be in uniform shirt (and hats if applicable) easily identifiable to the City Staff and event participants. All uniforms must be clean and neat in appearance.

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4. The Contractor’s Security Guards shall be trained in and are expected to provide the highest levels of customer service, professionalism and courtesy, during all interactions while on duty or on premises.

5. The Contractor’s Security Guards are not allowed to eat, drink products other than needed for hydration, use tobacco products, use personal cell phones, accept gratuities, use foul language, consume alcoholic beverages or act in an unprofessional manner.

6. The Contractor will be responsible for providing the following equipment and/or amenities:

7. Any form motorized or non-motorized transportation is required, i.e. bikes, golf carts.

8. Transportation to and from the event/parade route and grounds.

9. Reflective safety vests for all Contractor’s Security Guards working posts with or near vehicular traffic.

10. Radios and any other forms of communication.

11. Flashlights.

12. Uniformed Security T-Shirts for their security staff.

13. Water Bottles/disposable gloves/PPE requirements.

4.3 Scheduled Parade Events:

A. Palm Springs Pride Festival

1. Date: 10/31/2024 - Hours: 6:30 pm – 11:30 pm
Security Guards (required): 22
Security Supervisor (required): 2

2. Date: 11/1/2024 – Hours: 10:30 am – 10:30 pm
Security Guards (required): 22
Security Supervisor (required): 2

3. Date: 11/2/2024 – Hours: 10:30 am – 10:30 pm
Security Guards (required): 22
Security Supervisor (required): 2

4. Date : 11/3/2024 – Hours: 11:00 am – 5:30 pm
Security Guards (required): 22
Security Supervisor (required): 2
B. Palm Springs PRIDE Parade

1. Date: 11/3/2024 - Hours: 6:00 am – 1:00 pm
Security Guards: 28
Security Supervisors: 2
Item 1F - Page 17

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Security Dispatcher: 1
C. Veterans Day Parade

1. Date : 11/11/2024 – Hours: 2:00 pm – 5:30 pm
Security Guards: 19
Security Supervisor: 2
D. Festival of Lights Parade

1. Date: 12/7/2024 - Hours: 2:00 pm – 8:30 pm
Security Guards: 38
Supervisors: 3
Security Dispatcher: 1
E. Tour de Palm Springs Bike EXPO

1. Date: 2/7/2025 – Hours: 3:00 pm – 10:00 pm
Security Guards : 10
Security Supervisor : 1

2. Date: 2/8/2025 – Hours: 10:00 am – 4:00 pm
Security Guards: 10
Security Supervisor: 1
F. Black History Parade

1. Date : 2/22/2025 – Hours: 7:30 am – 2:00 pm
Security Guards : 19
Security Supervisor : 2
G. Black History Town Faire

1. Date : 2/22/2025 – Hours : TBD
Security Guards: 19
Security Supervisor: 2

4.4 Other Special Events:

Six events anticipated, dates and hours to be determined.

4.5 Compensation:

Work will be compensated on an hourly basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1F - Page 18

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Item 1F - Page 19
ITEM
1 2
A'TTAOHMENT •~G"

OOST PROPOSAL
REO:UES,T FOR PROPOSAL (RFP 14-24),

UN-ARMED UIN FROMED SECURITY GUARD SERVICES FOR CITY EVS,ITS TH S FOl~MI MIJST BE COMPLETED AND SUBMITTED Hi S&PAIRATli EUECTRONIC F1LE #2 "Cost Proposal /', NOTwlt'fl1 Erectlonlc File #11, Techni.callWofl!c IProposali") SCHEDULED PARADE Unit of Evmt Haurty lOlAL
EVENTS Measure Hl:lurs Rate
(!Hourly)
Palm Spri1 -gs Pride Festlval Hour (5 hours x 22
11813,112:6124 - Hours: 1 :00 pm - guard's x 3 $32.06 $10,579.80 6:00pm years)
Security Guards: .22
1101311:Wi24 - Hours 11 :00 pm - Hour (5 hours x 2
6:00pm supervl$or x $35.29 $1,058.70
Security Supervisors: 2 3 years)
1111/202:4 - Hours: 1 O: 30 am - Hour (1.2 hours x
10;30 pm 22 guardsx 3 $32.06 $25,391.52
Security Gua:rds: 22 )!l&ars)
1111121>24 - Hou rs: 10:30, am - Hour (12 hours x2
H):30Pfiill supervisors x $35.29 $6,,352.20
Secur[ty Supervisors: 2 3 years)
111312024 Hours: 11 :oo-5:30 Hour (6,.5 hours x
pm 22 guards x 3 $32.06 $-113,,753.74
Security Guards: 22 years)
11/312824 - Ho"Urs: 11 :00 - 5: 30 Hour (6.5 hours x .2 pm superviso:rs x $35,29 $11,376,.31
Security Supervisors: 2 3 years)
Subtotal
Palm Springs PRIDE Parade: Hour (7 hours x28
11J312G!2:4, - Hours; 6:00 am - guards x 3 $32.06 $,18,851..28 years)

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Item 1F - Page 20
1:00pm
Security Gua.rd,s: 28
11/3120.24 - II-lours: 6:00 am - How Cl hoursx2
1:00 pm supervisors x
$35.29 $1,482.18 SupeNiso ~s: 2 3 years)
111/31202-4 - Hours: ,s: 00 am - Hour (1 hours x 1
11:00 pm dispatcher x $31.16 $654.36
SecYriJty !Disp-atcliler. 1 3 years)
Subtotal
3 Veterans. Day Parade: HoLlr (3.5 hoLlrs x
11/1112024 - Hourn: 2:iQO pm - 119 g.uards x 3 $32.06 $6,395.97 5;30 pm years)
Security Guards: 19
11/1112:024-Hol.!ra; .2J)01 am- Hour (3.5 hours x 2
5:3-0 pm &1Jpervisors x $35.29 $741.09
Supervisors:. 2 3 y88!1'$)
•Subtotal
4 Festrv.al ofC.g ts Paratte; Hour (6.5 l'IOtHS X
121712024 - Hours: 2:00 pm - 38 guardsx 3 32.00 $23,758.46 8:30 pm years)
Security Guards: 38

11.2171202,4 ~ Hours: 2:00 pm - Hour (6.5 hOILIF6 X 3
8:30 pm supervisors x $35.29 $2,064.A7
SupeNis.crrs; 3 3 years)
1217IW24 ~ Hours: 2:00 pm - Hour (6.5 hours x 1
8:30 pm dispatd,ef x $31. 6 $607.6:2
DispatC'h:er: 1 3 <years)
Subtotal
5 Tour de Palm Sprling:s IBike Hour (7 flours x 11 0
EXPO : guardsx 3
years) $32,06 $6, 732J30 1
21712021 - HOlll'$: 3:00 IPm -
110:00 pm
Security G 1.:1ards.: 1 O
217/2025- Hours: 3:001Pm (7 hours x 1
10:00pm supervisor x: $35,.29 $741.09
3,yeairs)

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Item 1F - Page 21
Securiity Supervisor: 1
2/812026 - Ho:urs: 10:00 am -
4:00 pm
Security G·uards: 10

2.1812026 - Hl)urs: 1 0:00 am -
4:00 pm
Secunity Supe11Vi;sor: 1
Subtotal
IEU.ack History Parade
21221202(1 - Hours: 7:30 am ~
2:00pm
Seoul'lity Guards : 19

21.2212025 - Hours: 7: 30 am -
2:•00,pm
Security Superv,isor: 2
Subtotal
B :ack H·story Town Fair&
2122'2025 12:00 pm - 7:00 m
Secu rity Guards : 19

21.22f2025 - 12:00 pm - 7:00 pm
Security Supervisors: 2
Subtotal
Allowance for Extra Houi'S
(6 hours x 10
guards x 3
years)
(6 hours x 1
supervisor x
3 years)
(hours x 19
guardsx 3
years)
( hou x2
supervisors x
3 years)
(hours x 119
g ards x 3
y,ea.rs)
( lloul'S x 2
superv isors x
3 years)

32.06 $5,770_,80
:$35.29 $635.22
$32.06 $1ffl,878.23
$35 .29 $1 ,376 .31
$32,00 $12,791 .94
$35.29 · 1,482.18
Total $154,474.0i
Firm Name: __ l __ nt __ :e __ r-c ____ o __ n .... s __ e __ c __ u._rit..,v .... §v ....... sti .... •e_m __ s._. l __ n __ c, ____________ _ Signature of Alllhoriz•ed Person: - -t-':+-v.::!_:::::...0:::-::...._}~' ...-::::~:...Jr.-----, ,,,,.....- - \ K Printed Name: Kevin H:e·mandez
'\J
Title: ____ C __ h __ i .... et .... s __ tra ....... teg_.,y._· __ O._fti.._ce .... ~r ___ ________ _ Date; ____ _.9...,(41.......,2, ... 02 ... 4._ ________________ _

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EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1F - Page 22

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INSURANCE

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

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

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

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

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

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

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this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time.

Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent with the following endorsements stated on the certificate:

B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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

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obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

Item 1F - Page 25

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EXHIBIT “C”

Item 1F - Page 26
.ATTACHMENT "F"
EXEC1UTIIVE. ORDER N .. 6 .. 22 CERTIFICATliON
REQUE:S.TS FOR PROPOSALS, (RFP 14-2,4)
UN-ARMIED UNIIFORMIED SECURITY GUARD1 SERVICES FOR CITY EV1EINTS Executive Order Ne~22 iissued by Governor Gavin Newsom on March 4. 2022, directs all agencies and departments that are sub ect to the Governor's authorirty to (a) terminate any contracts with any indlividualls or ,entities that are d,etermined to· be a target of economi(:
sanctions agaiinst Russia and R.ussian entittes and individuals.: and (b) refirain from entering iinto any new contracts with such individuals -or entities while ~he aforementioned sa ncti-ons are in effect
Executive Orde1r IN-6-22 also requires that any contr-actor that: ( 1) currently has a contract wnth the City of Pallm Springs funded through ·girant funds provided by the State of Californ·a; and/or (2) submits a bid or proposal or otherwi se proposes to or enter into or renew a contract wii~h the City o,f Palm Sp ngs with Sta,te of Californ·a grant funds , certlify that the person is not the ·target of any eco·nomic sanctions. ag1ains1t Ru!SSia and 'Russian enilitt&s and iindirviduals.

The ,contractor hereby certlifies, SUBJECT TO PENAL TY IFOR PERJUR Y. that a) the contractor is not a target of any econo mic sanctions against Russian and Russian entities and indirviduails as discussed in Executive • Order Nl--6 22 and b), the person signing below is dul;y authoriizedl to legally bind the Contractor . This. certi fication ts made under the laws of the· State ,of CaUfomia.

Title: _____ C_lh_ie_f S_1_·ra_-1e~-9Y-· _o_m_10_-e_r _____ _ Firm Name:. _ _ ln_,-te_-r-_-C_o_- n_1 S_e_-cu_-_rity_ S_y_st_e_m_s, __ l_nc._-. __ _ Date : 9/4/2024
-----------------

ATTACHMENT B
Item 1F - Page 27
Item 1F - Page 28

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Inter-Con Security Systems, Inc.

Address of Entity (Principal Place of Business)
210 S. De Lacey Avenue, Pasadena, CA 91105
Local or California Address (if different than #2)
same
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
[XI 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
Enrigue Robert Hernandez Ill Ix] Officer 1K] Director D Member D Manager [name] D General Partner D Limited Partner
Other
Charles Thuss 1K] Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
Brian Faulkner IZ] Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
Item 1F - Page 29

6. Officers, Directors,

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
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
Michael Hernandez 0 Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
Kevin Hernandez ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
Richard Stack ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Robert Ray D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
0 Other Geeral Cousel
Item 1F - Page 30

6. Officers, Directors,

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
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
Enrigue Hernandez Jr. D Officer Ix] Director D Member D Manager [name] D General Partner D Limited Partner
Other
Yvonne Slaught D Officer 1K] Director D Member D Manager [name] D General Partner D Limited Partner
Other
Megan Hernandez D Officer Ix] Director D Member D Manager [name] D General Partner D Limited Partner
Other
Item 1F - Page 31

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.

Enrique Hernandez, Jr. 62.75%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Enrigue Hernandez , Ill 22.46%
[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 PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date f- ' 9/4/2024

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 24, 2024 CONSENT CALENDAR

SUBJECT: REQUEST BY 0 WEST CIRCLE DRIVE, LLC, FOR APPROVAL OF PARCEL MAP 38526

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Van Surveying, Inc., representing 0 West Circle Drive, LLC, a California Limited Liability Company, (the “Developer”), has requested approval of a final map for Tentative Parcel Map 38526 to create 4 single-family residential lots at the north side of Acanto Drive South (APN 512-220-014). Approval of a final map for Tentative Parcel Map 38526 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.

RECOMMENDATION:

Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38526 WITH 0 WEST

CIRCLE DRIVE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT THE NORTH SIDE OF ACANTO DRIVE SOUTH (APN 512- 220-014), IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

BUSINESS PRINCIPAL DISCLOSURE:

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

BACKGROUND:

At its meeting on September 13, 2023, the Planning Commission recommended conditional approval of Tentative Parcel Map
38526 (TPM 38526) for the construction of
a residential development consisting of four single- family residential lots on a 2.24-acre site located east of Las Brisas Way along Acanto Drive, east of the intersection of South Palm Canyon Drive and Acanto Drive, APN 512-220-014.

Item 1G - Page 1
City Council Staff Report
October 24, 2024 -- Page 2
PM 38526

The expiration date of T PM 38526 was to be September 13, 2025. H owever, Van Surveying, Inc., representing the Developer, timely filed a final map for T PM 38526 on March 21, 2024. Pursuant to state law (California Government Code Section 66452.6 [the “Subdivision Map Act”]), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Parcel Map.

STAFF ANALYSIS:

The Developer has not yet completed any of the required studies or improvement plans, nor has the Developer been issued applicable grading and encroachment permits at this time. However, approval and recordation of the final map may occur as the application is consistent with code requirements. A site map is provided below ; a vicinity map is included as Attachment B, and a copy of the final map for PM 38526 is included as Attachment C.

The City Engineer has determined that required conditions of approval associated with TPM 38416 have been satisfied, that Parcel Map 38526 is in substantial conformance with the approved Tentative Parcel Map, and that Parcel Map 38526 is ready for City Council approval.

ENVIRONMENTAL ASSESSMENT
:

The proposed project had been evaluated for compliance with the California Environmental Quality Act (CEQA) and had been determined by the Planning Services Department, in its staff report to the Planning Commission on September 13, 2023, that the project is categorically exempt from the requirements of CEQA pursuant to Section 15332 (In- Fill Development Projects) of the CEQA Guidelines. Planning s taff ha d recommended an adoption of a Categorical Exemption since the proposed project met the following criteria:

Item 1G - Page 2
City Council Staff Report
October 24, 2024 -- Page 3
PM 38526

1. The project is consistent with the applicable general plan designation and applicable zoning designation;

2. The project is located within the City limits on a 2.24- acre site (which is less than 5 acres) and substantially surrounded by urban uses;

3. The project is not located on sites that have value as habitat for endangered, rare, or threatened species;

4. The project will not result in any significant impacts relating to traffic, noise, air quality, or water quality;

5. The project can be adequately served by all required utilities and public services ; and

6. The parcels do not have an average slope greater than twenty (20) percent.

Accordingly, a Notice of Exemption was prepared and filed with the Riverside County Clerk upon approval of that agenda item at the September 13, 2023 Planning Commission meeting.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 1D regarding Economic Development.

FISCAL IMPACT:

Approval of Parcel Map 38526 for the currently vacant 2.24-acre parcel will allow for the development of four single-family residential lots. Ultimately, upon completion of the lots, the City will receive yet to be determined additional property tax revenue. Incremental costs for public service will be incurred over time.

REVIEWED BY:

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

ATTACHMENTS:

A. Business Principal Disclosure
B. Vicinity Map
C. Parcel Map 38526
D. Resolution
Item 1G - Page 3

Attachment A
Item 1G - Page 4
Item 1G - Page 5

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
0 West Circle Drive LLC

2. Address of Entity (Princ iple Place of Business)
378 Terra Vita, Palm Springs Ca 92262

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

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also registered in California? n Yes n No 5. Type of Entity D Corporation *imited 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, menibers, managers and other fiduciaries for the member, manager, trust or other entity Richard Meaney
James Miller
Farzad Askari
I
I
I
(Revised 05/16/19)
[name] D Officer D Director D Member~ Manager
D General Partner D Limited Partner
Other
[name] D Officer D Director )ef Member D Manager
D General Partner D Limited Partner
Other
[name] O Officer O Director~ Member O Manager
D General Partner O Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 ends

Palm Springs City CouncilOctober 24, 2024

Palm Springs City Council
October 24, 2024