Agenda packet — Palm Springs City Council, January 23, 2025 (part 2 of 6)

Item 1I - Page 53

PROCESS AND PUMP EQUIPMENT
Invoice
Date 1/30/2024
Invoice # 46222
Bill To:

VEOLIA WATER
125 S. 84TH ST STE 175
MILWAUKEE, WI 53214
Ship To:

PALM SPRINGS WASTEWATER TREATMENT
VEOLIA
4375 E. MEQUITE AVE
PALM SPRINGS, CA 92264
P.O. No. 1000175404
Terms Net 60
Sales Person VJS
Ship Date 1/11/2024
Ship Via PPA
Freight FOB FACTORY
ALL SALES SUBJECT TO TERMS AND CONDITIONS AT WWW.BRAXCOMPANY.COM CLSB 487325 | CAGE 6U1W7 | DIR 1000441272
REMIT TO: BRAX COMPANY, INC.
31248 VALLEY CENTER RD VALLEY CENTER CA 92082
760 749 2209
(A 3.5% SURCHARGE WILL BE ADDED TO ALL CREDIT CARD

PAYMENTS)
Part Number
Description Qty Unit Total
(6) REPAIR OF EXISTING ONSITE CONCRETE PEDESTAL

FOR BASE PLATE
(7) REINSTALLATION OF ALL COMPONENTS
(8) PERFORM LASER ALIGNMENT OF EQUIPMENT AND

START UP
BRAX CO. CHESTERTON ARC EG1-FC CONCRETE REPAIR 5
BRAX CO. FABRICATED BASE PLATE COATED WITH CHESTERTON
ARC-SD4I
1 BRAX CO. SUCTION WEAR PLATE SS 1
282-05730 CHESTERTON ARC 10 - MACHINABLE POLYMER ALLOY

COATING
4 BRAX CO. SS SHAFT SLEEVE 1
BRAX CO. SS PACKING SLEEVE 1
282-04843 CHESTERTON 395297, 3/4"
2212 HIGH-PERFORMANCE PACKING, BRAIDED
6 BRAX CO. LOT; SS FITTINGS, REGULATOR (REPLACEMENT FLUSH

LINE FITTINGS)
1 BRAX CO. SKF 3222A ANGULAR CONTACT BEARING 1
BRAX CO. SKF 6224 RADIAL BALL BEARINGS 1
BRAX CO. LIP SEALS 2
282-05781 CHESTERTON LUBRI-CUP VG 250CC FILLED WITH 635 GREASE
2 282-05782 CHESTERTON 635 SXC - GREASE, SYNTHETIC,
CORROSION RESISTANT, EXTREME PRESSURE, 400
GRAM
1 BRAX CO. FLANGE HUB & COUPLING INSERT 1
BRAX CO. COUPLING GUARD 1
315-07383 GASKET FF 150# 18 4
BRAX CO. CHESTERTON SD4I COATING; INCLUDED FOR ALL

WETTED PARTS AND BASEPLATE
1 282-05711 CHESTERTON CONNECT V1 1/4 NPT, 316SS (NON IS) 1

Page 2 ends

Item 1I - Page 54

PROCESS AND PUMP EQUIPMENT
Invoice
Date 1/30/2024
Invoice # 46222
Bill To:

VEOLIA WATER
125 S. 84TH ST STE 175
MILWAUKEE, WI 53214
Ship To:

PAYMENTS)
Part Number
Description Qty Unit Total
315-07994 ANGULAR CONTACT BEARING 1
315-07995 BALL BEARING 1
BRAX CO. MISCELLANEOUS MATERIALS; HARDWARE /

CONSUMABLES
1 MATERIAL TOTAL MATERIAL 1 32,304.00 32,304.00T
LABOR LABOR PER ESTIMATE (PREVAILING WAGE RATES) 1 51,556.33 51,556.33

LABOR INCLUDES LTD TO REMOVE EQUIPMENT, TEAR

DOWN, MACHINE WORK, REASSEMBLING, FABRICATION
OF NEW SKID, AND REINSTALLATION.

BRAX S. CRANE RENTAL 1 6,000.00 6,000.00
BRAX S. MOTOR RECONDITION
INCLUDES; DISMANTLE MOTOR, CLEAN, TEST,

RE-INSULATE, DIP & BAKE STATOR, CLEAN, TEST &

REINSULATE ROTOR, DYNAMICALLY BALANCE ROTOR,

NEW BEARINGS, ASSEMBLY, TESTING AND PAINTING
1 6,418.57 6,418.57
BRAX S. SANDBLASTING AND COATINGS 1 15,260.31 15,260.31 FREIGHT INBOUND FREIGHT / PICK UP & DELIVERY 1 1,555.20 1,555.20T _______________________________________

ADDITIONAL SERVICES / MATERIALS NEEDED TO
COMPLETE.
1) BORING OUT AND SLEEVING BEARING FRAME DUE TO
WEAR IN JOURNAL.
2) REMOVAL AND REPRODUCING OF EXISTING
CONCRETE PEDESTAL. EXISTING WAS INTENDED TO BE

REUSED BUT AT TIME OF INSTALL WAS FOUND TO BE

STRUCTURALLY UNSOUND SO IT WAS REMOVED AND
NEW WAS POURED.

Page 3 ends

Item 1I - Page 55

PROCESS AND PUMP EQUIPMENT
Invoice
Date 1/30/2024
Invoice # 46222
Bill To:

VEOLIA WATER
125 S. 84TH ST STE 175
MILWAUKEE, WI 53214
Ship To:

PAYMENTS)
Part Number
Description Qty Unit Total
BRAX CO. BEARING HOUSING SLEEVE 1 175.00 175.00T
BRAX CO. CONCRETE PEDESTAL 1 825.00 825.00T
LABOR LABOR TO COMPLETE 1 5,200.00 5,200.00

Page 4 ends

Total $122,518.89
Balance Due $122,518.89
Sales Tax (9.25%) $3,224.48
Payments/Credits $0.00
Item 1I - Page 56

PROCESS AND PUMP EQUIPMENT
Item 1I - Page 57

PROCESS ANO PUMP EQUIPMENT
REMIT TO: BRAX COMPANY, INC.
31248 VALLEY CENTER RD VALLEY CENTER CA 92082
760 749 2209
Bill To:

VEOLIA WATER
125 S. 84TH ST STE 175
MILWAUKEE, WI 53214
Part Number Description

PROGRESS BILLING FOR MATERIAL AND FREIGHT
ALLIS-CHALMERS INLUENT P2

PROVIDE CREW AND EQUIPMENT TO REMOVE AND
REINSTALL EXISTING 18' DEZURIK VALVE.

NOTE; DUE TO THE NATURE OF THE SYSTEM /

PIPEWORKS, BRAX WILL ASK THAT VEOLIA WATER

ASSISTS IN THE DRAINING OF EXISTING DISCHARGE
MANIFOLD BEFORE WORK IS TO COMMENCE. ANY
UNFORESEEN PROBLEMS l DELAYS DUE TO NOT BEING

ABLE TO DRAIN PIPELINE WILL BE ADDED AT TIME OF
BILLING.

BRAX CO. DEZURIK 18" PLUG VALVE WITH WORM GEAR ACTUATOR, 20" HANDWHEEL
315-07383 GASKET FF 150# 18
BRAXCO. VICTAULIC 18' RUBBER GASKET
BRAX CO. MISCELLANEOUS MATERIALS; HARDWARE,

CONSUMABLES, CUSTOM LIFTING MATERIALS

MATERIAL TOTAL MATERIAL

FREIGHT INBOUND FREIGHT
CLSB 487325 I CAGE 6U1W7 I DIR 1000441272
(A 3.5% SURCHARGE WILL BE ADDED TO ALL CREDIT CARD

PAYMENTS)
Invoice
Invoice #
Date
Sales Person
Terms
Ship Via
Freight
Ship Date
P.O.No.

Ship To:

PALM SPRINGS WASTEWATER TREATMENT
VEOLIA
4375 E. MEQUITE AVE
PALM SPRINGS, CA 92264
Qty Unil
1 1
1 1
1 1
Payments/Credits
Sales Tax (9.25%)
Total
Balance Due
23,750.00
21 1.63
ALL SALES SUBJECT TO TERMS AND CONDITIONS AT WWW.BRAXCOMPANY.COM 53440A
6/11/2024
MG
Net 60
PPA

FOB FACTORY
5/16/2024
1000329706
Total
23,750.00T
211.63T
$0.00
$2,216.45
$26,178.08
$26,178.08
Item 1I - Page 58

PROCESS ANO PUMP EQUIPMENT
REMIT TO: BRAX COMPANY, INC.
31248 VALLEY CENTER RD VALLEY CENTER CA 92082
760 749 2209
Bill To:

VEOLIA WATER
125 S. 84TH ST STE 175
MILWAUKEE, WI 53214
Part Number Description
ALLIS-CHALMERS INFLUENT P2

SECOND PROGRESS BILLING/ FINAL INVOICE

PROVIDE CREW AND EQUIPMENT TO REMOVE AND
REINSTAJ.L EXISTING 18' DEZURIK VALVE,
NOTE; DUE TO THE NATURE OF THE SYSTEM/

PIPEWORKS, BRAX WILL ASK THAT VEOLIA WATER

ASSISTS IN THE DRAINING OF EXISTING DISCHARGE
MANIFOLD BEFORE WORK IS TO COMMENCE. ANY

UNFORESEEN PROBLEMS/ DELAYS DUE TO NOT BEING

ABLE TO DRAIN PIPELINE WILL BE ADDED AT TIME OF
BILLING.

LABOR LABOR PER ESTIMATE
INCLUDES COST OF 8 HOUR DAY TO MOBILIZE TO SITE
AND PREP RIGGING FOR VAL VE TO BE REMOVED AND 10
HOUR DAY TO REMOVE AND REINSTALL VAL VE. WORK TO
BE PERFORMED AT NIGHT.

BRAXS. CRANE RENTAL 18T
CLSB 487325 I CAGE 6U1W7 I DIR 1000441272
(A 3.5% SURCHARGE WILL BE ADDED TO ALL CREDIT CARD

PAYMENTS)
Invoice
Invoice #
Date
Sales Person
Terms
Ship Via
Freight
Ship Date
P.O.No.

Ship To:

PALM SPRINGS WASTEWATER TREATMENT
VEOLIA
4375 E. MEQUITE AVE
PALM SPRINGS, CA 92264
Qty Unil
1 1
Payments/Credits
Sales Tax (9.25%)
Total
Balance Due
9,050.00
6,000.00
ALL SALES SUBJECT TO TERMS AND CONDITIONS AT WWW.BRAXCOMPANY.COM 53440B
9/26/2024
MG
Net 60
PPA

FOB FACTORY
9/13/2024
1000329706
Total
9,050.00
6,000.00
$0.00
$0.00
$15,050.00
$15,050.00
Item 1I - Page 59
Tri- Star Contracting Il, Inc.
15501 Little Morongo Road
Desert Hot Springs, CA 92240

BILL TO
Veolia Water
PO Box 270286
St. Louis MO 63127-0286
·,: '.· .', < '. : '
Expose pipe approx. 9' deep
Trench to be approx 8' wide x 8' long

DESCRIPTION

JOB ADDRESS
Purcbse Order #1000402306
4375 Mesquite Ave
Palm Springs
DATE
10/2/2024
Invoice
INVOICE NO.
080624G
Due Upon Rec,eipt - ~AY ::ROM ·;-;.;;~: !NVOICF.
. ··:" . ' ' ' ··: ... : .. AMQUNT
'.
16,533.00
Provide shoring for I week for pipe inspection/work by others $602 .89/week Return, remove shoring and backfill
7 Add.i~onal weeks ofsho!lllg ' ~e~far-. 8_ee attac:lied._Trcmch S~~ri~g Jnv~ c~ ·t"" -, ,.._ ; 1 ··- r=: 4,;220.23·_: . .. ,.., .. '~.: --~.. . , _ _ ,,::. .. . . ,.

Total $20,753.23
Invoices not paid upon receipt w/11 lncure a finance charge of Z % per month. In the event of default customer w/1I be responsible to pay all necessary and resonable third party collection ffHls and costs.

Item 1I - Page 60
Tri-Star Contracting II, lnc .
15501 Little Morongo Road
Desert Hot Springs, CA 92240

BILL TO
Veolia Water
PO Box 270286
St. Louis MO 63127-0286

DESCRI PTION
Budget proposal to construct suppo rt block to include:

Hand grade under pipe and compact using vibratory plate wrap pipe in polly-wrap
frame support block
Provide & pow· approx 6 CY of PCC
Included 10' of #5 rebar for reinforcement
Invoice
DATE INVOICE NO.
9/12/2024 070824G

JOB ADDRESS
Purchase Order #1000402306
4375 Mesquite Ave
Palm Springs
Due Upon Receipt· r;,., rftuiwi ·;;;; ;,;-, lli!VO~CF.

AMOUNT
14,560.00
Total $14,560.00
Invoices not paid upon receipt wl/1 lncure a finance charge of 2 % per month. In the event of default customer will be responsible to pay all necessary and resonable third party collection fees and costs.

Item 1I - Page 61
Rangcline Tapping Services, Inc.

POBox210155
Royal Palm Beach. FL 33421
Phone: (800) 346-5971
Bill To
Palm Springs Waste Water Treatment Plant
4375 E. Mesquite Aw
Palm Springs, CA 92264
P.O. NO. TERMS
Nct30
DUE DATE Sales Rep
10/13/2024 NG
• QUA'.NTl,:Y, DESCRIPTION
:---"
Dates of Service 8119, 8/20 & 9/13124
l • -~'°=---•·--

1.00 36" Single Linestop Steel WM
Invoice
INVOICE DATE INVOICE#
9/1312024 CA24-078-I
Jobs ite Location
JOB NAME Onsite Cont.act
CA24-078 Palm Springs \VfP
-
UNITG0ST .AMOUN1' ., .. .
~ ' ' .,,
47,000.00 47,000.00
m ..; ~IL !'<" i '" !.r~'-•'j:_t ~:-'.1.k.l2 - J ..

Quote RTS24-2093NG REV2
E-mail Web Site
Total $47,000.00
[email protected] "~,w.rangeline.com
Payments/Credits S0.00
Balance Due $47,000.00
PAY46222-776816: PAY46222-776816
Supplier Name : BRAX COMPANY INC
Payable : IR46222-776816
Transaction : PMT372399
Payment Terms : Z006 ((0%/60, 0, 0))
Approved Amount : $122,518.89 USD
Due Date : Sat, 30 Mar , 2024
Discount : $0.00 USD
Pay Date : Sat, 30 Mar , 2024
Amount To Pay : $122,518.89 USD
Payment Method : ACH
Pay Via : External System
Payment Settled Via : External System
Remit To Location : BRAX COMPANY INC
Originating Bank :

Receiving Bank :

Status: Paying
Approvals
No Approval Requests
10/8/24, 8:36 AM PAY46222-776816: PAY46222-776816
https://s3.ariba.com/Buyer/render/V0J20Z3I6P0I 1/1
Item 1I - Page 62
PAY53440A-912760: PAY53440A-912760
Supplier Name : BRAX COMPANY INC
Payable : IR53440A-912760
Transaction : PMT507422
Payment Terms : Z006 ((0%/60, 0, 0))
Approved Amount : $26,178.08 USD
Due Date : Sat, 10 Aug, 2024
Discount : $0.00 USD
Pay Date : Sat, 10 Aug, 2024
Amount To Pay : $26,178.08 USD
Payment Method : ACH
Pay Via : External System
Payment Settled Via : External System
Remit To Location : BRAX COMPANY INC
Originating Bank :

Receiving Bank :

Status: Paying
Approvals
No Approval Requests
10/8/24, 8:39 AM PAY53440A-912760: PAY53440A-912760
https://s3.ariba.com/Buyer/render/14KH52I5JL4KM 1/1
Item 1I - Page 63
PAY53440A-912760-1: PAY53440A-912760-1
Supplier Name : BRAX COMPANY INC
Payable : IR53440A-912760
Transaction : PMT509170
Payment Terms : Z006 ((0%/60, 0, 0))
Approved Amount : $15,050.00 USD
Due Date : Sat, 10 Aug, 2024
Discount : $0.00 USD
Pay Date : Sat, 10 Aug, 2024
Amount To Pay : $15,050.00 USD
Payment Method : ACH
Pay Via : External System
Payment Settled Via : External System
Remit To Location : BRAX COMPANY INC
Originating Bank :

Receiving Bank :

Status: Paying
Approvals
No Approval Requests
10/8/24, 8:41 AM PAY53440A-912760-1: PAY53440A-912760-1 https://s3.ariba.com/Buyer/render/1UM2SLYIBQZKP 1/1
Item 1I - Page 64
PAY080624G-959309: PAY080624G-959309
Supplier Name : TRI-STAR CONTRACTION II INC
Payable : IR080624G-959309
Transaction :

Payment Terms : Z003 ((0%/30, 0, 0))
Approved Amount : $20,753.23 USD
Due Date : Fri, 1 Nov, 2024
Discount : $0.00 USD
Pay Date : Fri, 1 Nov, 2024
Amount To Pay : $20,753.23 USD
Payment Method : ACH
Pay Via : External System
Payment Settled Via : External System
Remit To Location : TRI-STAR CONTRACTION II INC
Originating Bank :

Receiving Bank :

Status: Scheduled
Approvals
No Approval Requests
10/25/24, 8:55 AM PAY080624G-959309: PAY080624G-959309
https://s3.ariba.com/Buyer/render/1P0RVJ53ADEW1 1/1
Item 1I - Page 65
PAY070824G-957483: PAY070824G-957483
Supplier Name : TRI-STAR CONTRACTION II INC
Payable : IR070824G-957483
Transaction : PMT544595
Payment Terms : Z003 ((0%/30, 0, 0))
Approved Amount : $14,560.00 USD
Due Date : Sat, 12 Oct, 2024
Discount : $0.00 USD
Pay Date : Sat, 12 Oct, 2024
Amount To Pay : $14,560.00 USD
Payment Method : ACH
Pay Via : External System
Payment Settled Via : External System
Remit To Location : TRI-STAR CONTRACTION II INC
Originating Bank :

Receiving Bank :

Status: Paying
Approvals
No Approval Requests
10/25/24, 7:41 AM PAY070824G-957483: PAY070824G-957483
https://s3.ariba.com/Buyer/render/1QEM7TU3456TP 1/1
Item 1I - Page 66
PAYCA24-078-1-958577: PAYCA24-078-1-958577
Supplier Name : RANGELINE TAPPING SERVICES INC
Payable : IRCA24-078-1-958577
Transaction :

Payment Terms : Z063 ((2%/15, 0, 0)(0%/60, 0, 0))
Approved Amount : $47,000.00 USD
Due Date : Tue, 12 Nov, 2024
Discount : $940.00 USD
Pay Date : Sat, 28 Sep, 2024
Amount To Pay : $46,060.00 USD
Payment Method : ACH
Pay Via : External System
Payment Settled Via : External System
Remit To Location : RANGELINE TAPPING SERVICES INC
Originating Bank :

Receiving Bank :

Status: Scheduled
Approvals
No Approval Requests
10/25/24, 10:21 AM PAYCA24-078-1-958577: PAYCA24-078-1-958577 https://s3.ariba.com/Buyer/render/1E5DCMY78GEX9 1/1
Item 1I - Page 67

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: AUTHORIZE A TASK ORDER WITH CAROLLO ENGINEERS , INC. IN THE AMOUNT OF $ 92,313 PURSUANT TO AGREEMENT A8563, FOR

ADDITIONAL PROFESSIONAL SERVICES ASSOCIATED WITH THE

DEMOLITION OF ABANDONED FACILITIES AT THE WASTERWATER
TREATMENT PLANT, CITY PROJECT 21-06

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

This is a request to approve a task order with Carollo Engineers, Inc. for the Demolition of Abandoned Facilities at the Wastewater Treatment Plant (WWTP), City Project 21-06 (“Project”), for additional scope of work needed to complet e construction documents for bidding.

RECOMMENDATION:

1. Approve a Task O rder in the amount of $ 92,313 to Professional Services Agreement No. A8563; and

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of Carollo’s Public Integrity Disclosure form is included as Attachment A.

BACKGROUND:

The Project aims to improve conditions by addressing persistent health, safety, and operational risks for personnel and visitors by removing abandoned structures that pose hazards and occupy valuable space and mitigating safety and environmental concerns.

Additionally, this Project lays the foundation for future expansion, allowing the facility to meet growing demands and implement advanced technologies for improved wastewater processing.

Item 1J - Page 1
City Council Staff Report
January 23, 2025 – Page 2
City Project WWTP Various Demolition 21-06

On April 22, 2021, the City Council reviewed and approved the 2021 Wastewater Capital Rehabilitation and Repair Plan. The 2021 Plan included a 5- Year Capital Improvement Program (CIP) with 14 projects totaling approximately $80,000,000. The W astewater Treatment Plant (WWTP) Demolition of Abandoned Facilities Project is part of the 5-Year CIP and has an estimated cost of $3,135,000 including design services.

On November 4, 2021, the City Council reviewed and approved a purchase order to Carollo Engineers in an amount not to exceed $325,000 for design, bid phase services and construction phase ser vices for the subject Project . The location of facilities to be demolished at the WWTP are shown in FIGURE 1 below.

Figure 1
STAFF ANALYSIS:

Due to the number of projects in construction at the WWTP and priority of upcoming projects needed to advance from design to construction, the Project was put on hold in 2023. As projects were completed, work resumed on the demolition design in 2024. In order to complete the construction documents for the Demolition Project, additional work was needed beyond the original scope.

Item 1J - Page 2
City Council Staff Report
January 23, 2025 – Page 3
City Project WWTP Various Demolition 21-06

The additional scope of work consisted of electrical design modifications, increased project management hours, utility locating via geophysical, confined space entry, sampling procedures , two additional abandoned facilities, rate adj ustments, additional hours needed to complete construction documents, and additional construction support services.

Engineering Staff has reviewed the proposal and determined t he design services and costs are reasonable and necessary and recommends the approval of the task order. A copy of the proposal is included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Demolition of Abandoned Facilities at the Wastewater Treatment Plant , City Project No. 21 -06, is considered categorically exempt from CEQA.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Project fund for this task order with Carollo Engineers, Inc., in the amount of $92,313.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure – Carollo Engineers
B. Carollo Proposal

Item 1J - Page 3
Attachment A
Item 1J - Page 4
B:\Pursuits\Client20(OCO)\PalmSprings\On-CallWWEng2020\Qual0520\Indd\Required.Forms.indd City of Palm Springs | On-Call Wastewater Engineering Design Services

REQUIRED FORMS

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 F Trust F 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 _ __________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other _______________________________
_______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other _________________________________
[name]
F General Partner F Limited Partner
&DUROOR(QJLQHHUV,QF
%ULVWRO6WUHHW6XLWH&RVWD0HVD&$

'(

0LWFKHOO'ULYH:DOQXW&UHHN&$

%DODNULVKQDQ1DUD\DQDQ&(23UHVLGHQW ;
0LFKDHO%DUQHV6HFUHWDU\ ;
_____________$VK:DVRQ7UHDVXUHU________________________________ F Officer F Director F Member F Manager ;
;
; ;
Item 1J - Page 5
I 7
'
-
-
~
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-
~
-
I
B:\Pursuits\Client20(OCO)\PalmSprings\On-CallWWEng2020\Qual0520\Indd\Required.Forms.indd City of Palm Springs | On-Call Wastewater Engineering Design Services

REQUIRED FORMS
F Other _______________________________

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date 'RXJODV/DQQLQJ3(6HQLRU9LFH3UHVLGHQW
%DODNULVKQDQ1DUD\DQDQ &DUROOR(QJLQHHUV,QF
9 'LUHFWRU/RXLV&DUHOOD5XVVHOO:DFKWHUDQG9LQFHQW+DUW Item 1J - Page 6
Attachment B
Item 1J - Page 7
PROPOS
AL FOR AMENDMENT NO. 1

DEMOLITION OF ABANDONED HEADWORKS, PRIMARY CLARIFIERS, AND SAND FILTER

CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT
Submitted by:

Carollo Engineers, Inc. (Carollo)
December 12, 2024
The attac
hed letter proposal from Harris & Associates outlines the scope of services for this Amendment No. 1 to the Demolition of Abandoned Headworks, Primary Clarifiers, And Sand Filter Project.

FEE
The pr
oposed fee is shown below.

Task No. Description
Senior
Professional
Lead Project
Professional
Total
Hours
Labor
Cost Expense Subs Total Cost
Hourly Rate $318 $307
2 Final Design Services

2.1 Project Management 8 0 8 $2,543 $3,486 $6,029

2.2 Meetings 0 0 0 $0 $1,302 $1,302

2.3 Design Submittals

2.3.1 60% Design Submittal 0 0 0 $0 $0 $0

2.3.2 90% Design Submittal 0 0 0 $0 $0 $0

2.3.3 Final Design Submittal 0 0 0 $0 $65,840 $65,840

2.4 Construction Cost Estimates 0 0 0 $0 $3,633 $3,633

2.5 Quality Assurance/Quality Control 4 6 10 $3,113 $3,570 $6,683 Subtotal 12 6 18 $5,656 $0 $77,831 $83,487
3 Bidding

3.1 Pre-bid Meeting 0 0 0 $0 $126 $126

3.2 Respond to RFI’s / Assist with Addenda 0 0 0 $0 $633 $633

3.3 Bid Review 0 0 0 $0 $42 $42
Subtotal 0 0 0 $0 $0 $801 $801
4 Construction Phase Services

4.1 Project Management 8 0 8 $2,543 $630 $3,173

4.2 Meetings 0 0 0 $0 $252 $252

4.3 Requests for Information 0 0 0 $0 $1,529 $1,529

4.4 Change Orders 0 0 0 $0 $105 $105

4.5 Shop Drawing Submittals 0 0 0 $0 $1,854 $1,854

4.6 As-Built Drawings 0 0 0 $0 $1,111 $1,111
Subtotal 8 0 8 $2,543 $0 $5,481 $8,024
TOTAL 20 6 26 $8,199 $0 $84,113 $92,313
Notes:

1. Subconsultant costs include Carollo 5% markup.

Hours Budget
Item 1J - Page 8

2375 Northside Drive, Suite 125, San Diego, CA 92108 ◼ www.WeAreHarris.com December 11, 2024
Mr. Douglas Lanning
Principal-in-Charge / Senior Vice President
Carollo Engineers
3150 Bristol Street
Suite 500
Costa Mesa, CA 92626
AMENDMENT NO. 1 PROPOSAL FOR CIVIL ENGINEERING SERVICES IN SUPPORT OF CITY OF PALM

SPRINGS DEMOLITION OF ABANDONED HEADWORKS, PRIMARY CLARIFIERS, AND SAND FILTER PROJECT (CAROLLO PROJECT NO. 200715, TASK ORDER NO.2)
Dear Mr. Lanning,
The following outlines our proposed additional scope of services (including out-of-scope subconsultant effort), estimated fee, and rate adjustment to continue supporting the Demolition of Abandoned Headworks, Primary Clarifiers, and Sand Filter at the Palm Springs Wastewater Treatment Plant (“Project”) as Amendment No.1.

PROJECT UNDERSTANDING AND BACKGROUND
BSE Engineering – Electrical Design: During design, Harris & Associates (“Harris”) were notified that the electrical power for the wastewater treatment plant (“WWTP”) main gate was routed through some of the headworks facilities that were planned for demolition, and would therefore lose power during construction activities. The WWTP operations staff requested that a new electrical circuit and ductbank be installed to power the main gate so that ingress and egress for WWTP operations would be possible during and following demolition. Harris brought on an electrical subconsultant, BSE Engineering, to create the electrical construction contract documents, provide bidding support, and engineering support during construction. Electrical design was considered out of scope and is being requested as a part of this Amendment No.1 for Task Order No.2.

Converse Consultants – Confined Space Entry and Digestor No.2 Hazardous Materials Surveys: During the initial hazardous material surveying performed by Converse Consultants, it was revealed that several areas intended for survey were determined to be confined space areas, which would require special provisions for entry and sampling that all pa rties were not aware of ahead of time. These areas included the abandoned headworks grit chamber, abandoned primary clarifiers, and abandoned sand filters. Converse was asked to re-visit the confined space areas at a later date to complete the hazardous materials sampling in accordance with the WWTP proper safety protocols for confined space entry. In addition to the areas listed above, two additional sampling sites – abandoned odor control facility, and abandoned sludge pump – were added to the scope of work for the demolition project after Harris’ February 2022 site visit. Converse was asked to sample these two additional sites which were not included as part of the original scope of work. Additionally, around October 2022, in support of another project at the WWTP, the Digester No. 2, Waste Gas Flare, and Filtrate Pump Station Improvements Project, Converse was asked to perform additional Work in support of adherence to the South Coast Air Quality Management District (SCAQMD) ‘Rule 1403 Demolition Notification Form’. Additional work included field work, sampling, reporting, and conveying findings to the entire team, specifically for the City of Palm Springs and Veolia. Due t o the urgency of this need as the Digestor No.2 Project had already commenced, and at the request of the City, Harris amended Converse’s subagreement under the WWTP Demolition Project to allow Converse to mobilize quickly. However, this additional effort is now being requested as a part of this Amendment No.1 for Task Order No.2.

Item 1J - Page 9
Harris & Associates, Inc. ◼ Letter Proposal for Amendment No.1 2 of 3 Final Construction Contract Documents: Harris submitted draft final construction contract documents to the City of Palm Springs on May 25, 2023, however due to subsequent delays in completion of ongoing construction projects at the WWTP, Harris never received formal feedback, comments, or direction from the City regarding the submitted materials, and therefore took no additional action following the submittal. On July 23, 2024, and following completion of the Sludge Drying Beds Rehabilitation Project (Task Order No.1), Harris & Associates received a request from the City of Palm Springs to finalize the Project’s construction contract documents and prepare for bid solicitation. Additional effort is required in preparing the final construction contract documents for submission to the City.

Rate Adjustment: Per the Professional Services Agreement for On-Call Wastewater Engineering Services (“Agreement”), the original rates were valid for the initial 3 years, through the end of July 2023. Resultantly, Harris & Associates is requesti ng a rate adjustment and time extension for the Agreement, and specifically for Carollo Task Order No.2. Harris has applied a rate adjustment consistent with the Consumer Price Index (CPI) 12 -month period percent-change of 2.8% for Riverside County1 starting at rate expiry date of July 2023 per the Agreement. This rate adjustment was also applied to the remaining phases of work – Phase 3, Bid Period Services, and Phase 4, Construction Phase Services.

Utility Locating and Potholing: At the City’s request, following a meeting on October 22, 2024, Harris solicited a proposal from T2 Utility Engineers, Inc. (“T2ue”)to provide utility locating services at the WWTP. These services include both ground- penetrating radar (GPR) and potholing to enhance clarity and confidence regarding the existing utilities within the Project's demolition footprint, and to avoid potential change orders during construction . On December 11, 2024, the City approved T2ue’s proposal, which has been incorporated into the final design services as part of Amendment No. 1. This amendment also includes additional efforts by Harris to revise the final design drawings based on the findings and results from the utility locating process.
1 Source: U.S. Bureau of Labor Statistics, Consumer Price Index, Riverside Area – July 2024 (https://www.bls.gov/regions/west/news-release/consumerpriceindex_riverside.htm)

SCOPE OF SERVICES AND PROPOSED FEES
This Scope of Services defines the extent of additional Professional Design services necessary to complete the Project. Fee details for additional effort can be found in Exhibit A, and rate-adjusted remaining effort details can be found in Exhibit B, attached.

Phase 2 – Final Design Services:

Task 2.1 – Project Management: $3,320
Task 2.2 – Meetings: $1,240
Task 2.3 – Design Submittals
Task 2.3.3 – Final Design Submittal:

Harris & Associates Labor + Markup: $11,291
Subconsultant (BSE Engineering): $5,447
Subconsultant (Converse Consultants): $10,210
Subconsultant (T2 Utility Engineers): $35,757
Task 2.4 – Engineer’s Opinion of Probable Construction Cost: $3,460 Task 2.5 – Quality Assurance/Quality Control: $3,400
Sub-Total Additional Cost for Phase 2 – Final Design Services: $74,125

Phase 3 – Bid Period Services:

Task 3.2 – Respond to RFIs / Assist with Addenda:

Harris & Associates Markup: $23
Subconsultant (BSE Engineering): $460
Amended (Rate-Adjusted) Harris & Associates Cost Difference: $280 Sub-Total Additional Cost for Phase 3 – Bid Period Services: $763

(Continued, See Next Page)

Item 1J - Page 10
Harris & Associates, Inc. ◼ Letter Proposal for Amendment No.1 3 of 3 Phase 4 – Construction Phase Services:

Task 4.3 – Requests for Information:

Harris & Associates Markup: $56
Subconsultant (BSE Engineering): $1,120
Task 4.5 – Shop Drawing Submittals:

Harris & Associates Markup: $46
Subconsultant (BSE Engineering): $920
Task 4.6 – Shop Drawing Submittals:

Harris & Associates Markup: $38
Subconsultant (BSE Engineering): $760
Amended (Rate-Adjusted) Harris & Associates Cost Difference: $2,280 Sub-Total Additional Cost for Phase 4 – Construction Phase Services: $5,220

Total Additional Cost for Amendment No. 1: $80,108
We appreciate the opportunity to continue to support the Demolition of Abandoned Headworks, Primary Clarifiers, and Sand Filter at the Palm Springs Wastewater Treatment Plant Project . If you have any questions, please do not hesitate to contact us.

Sincerely,
Harris & Associates, Inc.

Jason Caprio, PE, PMP
Director, Water Market, Southern California
(661) 319-9251 ◼ [email protected]
Item 1J - Page 11
Project Director Project Manager Project Engineer Tech Support Total Hours Labor Cost Expense Subs Markup Total Cost TASK NO. DESCRIPTION $290 $250 $185 $135 5%
Phase 2 Final Design Services

2.1 Project Management 2 8 4 14 3,320$ -$ -$ -$ 3,320$

2.2 Meetings 2 4 6 1,240$ -$ -$ -$ 1,240$

2.3 Design Submittals 0 -$ -$ -$ -$ -$

2.3.1 60% Design Submittal 0 -$ -$ -$ -$ -$

2.3.2 90% Design Submittal 0 -$ -$ -$ -$ -$

2.3.3 Final Design Submittal 12 28 4 44 8,720$ 51,414$ 2,571$ 62,705$

2.4 Engineer's Opinion of Probable Construction Costs 2 16 18 3,460$ -$ -$ -$ 3,460$

2.5 Quality Assurance / Quality Control 10 2 12 3,400$ -$ -$ 3,400$ Subtotal 12 26 52 4 94 20,140$ -$ 51,414$ 2,571$ 74,125$ Phase 3 Bid Period Services

3.1 Pre-Bid Meeting -$ -$ -$ -$ -$

3.2 Respond to RFIs / Assist with Addenda -$ -$ 460$ 23$ 483$

3.3 Bid Review -$ -$ -$ -$ -$ Subtotal 0 0 0 0 0 -$ -$ 460$ 23$ 483$ Phase 4 Construction Phase Services

4.1 Project Management -$ -$ -$

4.2 Meetings -$ -$ -$

4.3 Requests for Information -$ 1,120$ 56$ 1,176$

4.4 Change Order Support -$ -$ -$

4.5 Shop Drawing Submittals -$ 920$ 46$ 966$

4.6 As-Built Drawings -$ 760$ 38$ 798$ Subtotal 0 0 0 0 0 -$ -$ 2,800.00$ 140.00$ 2,940$ TOTAL COST ADDITIONAL EFFORT 12 26 52 4 94 20,140$ 54,674$ 2,734$ 77,548$

EXHIBIT A - ESTIMATED ADDITIONAL EFFORT FOR CITY OF PALM SPRINGS DEMOLITION OF ABANDONED HEADWORKS, PRIMARY CLARIFIERS, AND SAND FILTER PROJECT (CAROLLO PROJECT NO. 200715, TASK ORDER NO.2) AMENDMENT NO.1 (Continued See Exhibit B)
Item 1J - Page 12
Project Director Project Manager Project Engineer Tech Support Total Hours Expenses Original Labor
Cost
(Original Rates)
Amended
Labor Cost
(Amended
Rates)
Amended (Rate-
Adjusted) Cost for
Remaining Work
Original Rates: $280 $240 $180 $130
Amended Rates (Post 07/2023): $290 $250 $185 $135
TASK NO. DESCRIPTION Column I Column J [Column J - Column I] Phase 3 Bid Period Services

3.1 Pre-Bid Meeting 6 6 500$ 3,620$ 3,740$ 120$

3.2 Respond to RFIs / Assist with Addenda 2 8 4 3,200$ 3,320$ 120$

3.3 Bid Review 4 960$ 1,000$ 40$ Subtotal 8 18 4 0 30 7,780$ 8,060$ 280$ Phase 4 Construction Phase Services

4.1 Project Management 60 14,400$ 15,000$ 600$

4.2 Meetings 24 500$ 6,260$ 6,500$ 240$

4.3 Requests for Information 4 12 24 8,320$ 8,600$ 280$

4.4 Change Order Support 2 4 8 2,960$ 3,060$ 100$

4.5 Shop Drawing Submittals 60 40 21,600$ 22,400$ 800$

4.6 As-Built Drawings 2 4 40 8,720$ 8,980$ 260$ Subtotal 8 164 112 0 284 62,260.00$ 64,540.00$ 2,280$ TOTAL RATE-ADJUSTED COST DIFFERENCE 2,560$
77,548$
2,560$
80,108$

EXHIBIT B - AMENDED (RATE-ADJUSTED) REMAINING EFFORT FOR CITY OF PALM SPRINGS DEMOLITION OF ABANDONED HEADWORKS, PRIMARY CLARIFIERS, AND SAND FILTER

PROJECT

TOTAL COST ADDITIONAL EFFORT (EXHIBIT A)

TOTAL RATE-ADJUSTED COST DIFFERENCE (EXHIBIT B)
TOTAL COST FOR AMENDMENT NO.1
Item 1J - Page 13

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 1901
E. BARISTO RD. ( APN: 502-200-001, PALM SPRINGS STADIUM AT

SUNRISE PARK)

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Black Rock on behalf of Dish Wireless, LLC is requesting a Grant of Easement in favor of Southern California Edison (SCE) at the City -owned real property identified by Assessor’s Parcel Number 502-200-001, located at 1901 E. Baristo Rd. The SCE easement will allow for provision of electrical supply and communications systems to support a proposed Dish Wireless Communications Facility to be co- located within an existing wireless communications facility on City property currently leased by New Cingular Wireless PCS, LLC (“Crown Castle” or “Lessee”). Crown Castle has a ground lease agreement with the City to install, operate and maintain their w ireless communications facility, which was approved by City Council on October 2, 2019.

RECOMMENDATION:

1. Authorize the City Manager to execute a Grant of Easement to Southern California Edison Company for underground electrical supply systems and communications systems across a portion of the property identified by Assessor’s Parcel Number 502- 200-001 located within Sunrise Park (Palm Springs Stadium) at 1901 E. Baristo Rd.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable as SCE is a publicly traded corporation and is exempt from filing this form.

STAFF ANALYSIS:

The City of Palm Springs and New Cingular Wireless PCS, LLC (Crown Castle) have executed a Lease Agreement for ground space near the Palm Springs Stadium at Sunrise Park at 1901 E. Baristo Rd. A link to the Lease Agreement (City Agreement No. A 3467) is included in Attachment A.

Item 1K - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Southern California Edison Easement at 1901 E. Baristo Rd.

T
he L ease Agreement is for the purpose of installing, operating, and maintaining a wireless communications facility and allows the Lessee to co- locate with other communications providers. The Lease Agreement is for a term of five (5) year s with two (2) additional renewal terms of five (5) years commencing on December 22, 2019 and provides revenue in the order of $3,900 per month to the City, based on the most recent CPI adjustment . The Lease Agreement includes a provision stating that Lessee shall reasonably cooperate with future communications operators that would request co- location provided there is no adverse impact on Lessee from an operational, maintenance, and repair standpoint. The Grant of Easement to SCE will provide Dish Wireless access to the necessary SCE electrical and communications services to successfully operate their communications facility.

T
he Grant of Easement description along with legal description and map exhibits are included as Attachment B. The Grant of Easement form has been reviewed and approved by the City Attorney. The Legal Description and Map exhibits have been reviewed and approved by the City’s Surveyor.

EN
VIRONMENTAL ASSESSMENT:

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

FISCAL IMPACT:

None
.

REVIEWED BY:

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

A. Lease Agreement
B. Grant of Easement
Item 1K - Page 2

ATTACHMENT A
Item 1K - Page 3
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx? id=1417521&dbid=0&repo=CityHall-Primary

ATTACHMENT B
Item 1K - Page 4
Item 1K - Page 5

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAl Com an

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY. 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SCE Doc No.

GRANT OF

EASEMENT
12QQl.!Mliit:H6BY IBtitlSEliiB Iii~ i tlQtl;
VA!,!.!; ANI:! QQN:llQERATIQN LE:lll THAN 1100.00l
see Company
SIG Of OECLARANT ORAGEH1 OE'fEAMINING TAX FIRM NAME

SPACE ABOVE THIS LINE FOR RECORDER'S USE
u,.,rn~• "'""~•v=•n ••n~•NV ---···
Palm Springs TD2011406
GVM r, • ••~•~•H2 -·nvo,u '"
vn,.

APN 502-200-001 VEGETATION & SLS/BT 11/19/2024 LAND

MANAGEMENT
(M.A.R /S.L.H)
CITY OF PALM SPRINGS, a charter city and municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way solely to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "Systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property ("Easement Property") in the County of Riverside, State of California, described as follows:

FOR LEGAL DESCRIPTION, SEE EXHIBITS "A" AND "B", BOTH ATTACHED HERETO AND MADE A PART HEREOF.

All costs and expenses however related to the exercise by Grantee of the rights granted in this Grant of Easement, property taxes and/or other assessments attributable to, or assessed upon, the Easement Property, the Systems, and/or the easements and rights (and exercise of such rights) granted in this Grant of Easement shall be at Grantee's sole cost and at no cost or expense to Grantor.

Grantor and Grantee acknowledge and agree that the easements and other rights conferred by this Grant of Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective grantees, successors, and assigns. Without limiting the foregoing, Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement; provided, however, that such right of assignment shall not in any way be construed as releasing each assignee, transferee, or purchaser from any obligation owed to Grantor as set forth in or created by this Grant of Easement or in any way limit Grantor's remedies at law or in equity as against each assignee, transferee, or purchaser, and, if requested by Grantor, each assignee, transferee, or purchaser shall acknowledge the foregoing in a signed writing addressed to Grantor.

Item 1K - Page 6
All right, title, and interest in and to the Easement Property which may be used and enjoyed without interfering with the easements and rights granted to Grantee pursuant to this Grant of Easement are reserved to Grantor; provided, however, Grantor agrees for itself and its assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the Easement Property. The Grantee, and its contractors, agents and employees, with prior written notice to Grantor and at Grantee's sole cost and expense and at no cost or expense to Grantor, shall have the right to trim or cut tree roots as may endanger or interfere with the Systems ; provided, however, that such trimming or cutting shall be in such a manner as will cause the least injury to the surface of the ground around such trimming and cutting, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such trimming and cutting as is reasonable.

To the extent that Grantee, in the exercise of its discretion, determines that this easement is no longer needed, then upon written request, Grantee shall execute a quitclaim deed on a mutually acceptable form at no cost to Grantor.

Grantee hereby agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, liability, and damages caused by Grantee's activities related to said easement, except to the extent that such claims arise from the negligence or willful misconduct ofGrantor, its employees, agents and contractors.

It is the intention of the Parties that the laws of the State of California shall govern the validity of this Grant of Easement, the construction of its terms, and the interpretation of the rights and duties of the Parties, without regard to conflicts of law principles and venue being in Riverside County.

This Grant of Easement represents the entire agreement between the Parties with respect to the subject matter of this Grant of Easement and supersedes all prior or contemporaneous written or oral agreements or understandings of any kind between the Parties with respect to the subject matter of this Grant of Easement. This Grant of Easement may not be amended or modified except by a writing signed by each Party. No provision hereof may be waived except by a written agreement signed by the waiving Party, and the waiver of any term or of any condition of this Grant of Easement shall not be deemed to constitute the waiver of any other term or condition of this Grant of Easement.

Upon execution of this Utility Easement by all parties, Grantee shall cause this instrument to be recorded with the Recorder's Office of Riverside County at the earliest opportunity. 2 DSE802387543
TD2011406
Item 1K - Page 7
EXECUTED this --day or _________ , 20 __ .

GRANTOR
CITY OF PALM SPRINGS, a municipal corporation
Signature
Print Name
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _____ _
On before me, _________________ , a Notary Public, personally appeared __________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)
3 DSE802387543
TD2011406
Item 1K - Page 8
EXECUTED this __ day of _________ , 20_.

GRANTEE

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
Signature
Print Name
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _____ _
On __________ before me, _________________ ,, a Notary Public, personally appeared ---------------------------------• who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
4 DSE802387543
TD20l 1406
Item 1K - Page 9
EXHIBIT "A"

RIGHT-OF-WAY/ EASEMENT DEDICATION

APPROVED LEGAL DESCRIPTION
R 24-05-1901
A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN THAT PORTION OF LOT 26 IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND

MERIDIAN, AS SHOWN ON MAP OF PALM VALLEY COLONY LANDS, AS PER MAP RECORDED IN BOOK 14, PAGE 652 OF MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, SAID PORTION IS MORE

PARTICULARLY DESCRIBED IN THE DEED TO THE CITY OF PALM SPRINGS, RECORDED ON JULY 18, 1946 IN BOOK 766, PAGE 81 OF OFFICIAL RECORDS, IN THE

OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DIST ANT 98.00

FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF THE WESTERLY 280.00 FEET OF SAID LOT 26 WITH A LINE PARALLEL WITH AND DIST ANT 133.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF BARISTO ROAD, 44.00 FOOT HALF-WIDTH, AS IT NOW EXISTS; THENCE PARALLEL WITH SAID EASTERLY LINE, NORTH 9.63 FEET; THENCE EAST 18.00 FEET TO THE POINT OF TERMINUS.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINT.

THE ABOVE-DESCRIBED STRIP OF LAND CONTAINS AN AREA OF 166 SQUARE FEET (0.0038 AC.), MORE OR LESS, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD.

Prepared by me or under my supervision:

Dated: :2)~. ,;2.o , 2024
SHEET 1 OF 1
DSE802387543
TD2011406
Item 1K - Page 10
30' 30'
O
1 ~ EXHIBIT "B" '
~~I I ,

BARISTO ROAD
~ o:1' g N ~c ~
;;j ' ~ BARISTO ROAD i I
>
~
3:
w
(/)
~
z => (/)
SITEY
-~----------<t-----
I
WESTERLY LINE j
OF LOT 26 I
I
I
I
I POR. LOT 25 I
I
POR.LOT26
SEC. 13, T4S. R4E. S.B.B.&M.

PALM VALLEY COLONY LANDS
(M.B. 14/652) SAN DIEGO COUNTY
~
PER DEED REC. 07/18/1946
IN BOOK 766, PAGE 81, O.R.

RIVERSIDE COUNTY I
I
I P.O.B.

RAMON ROAD

VICINITY MAP

EASTERLY LINE OF
THE WESTERLY 280'
OF LOT 26
EAST 18.00'

SCE EASEMENT
6 1
WlDE
·..;.:.t.:..;;.i.;;,i..e-P .O.T.

NORTH 9.63'
----98'------
i--------------280'---------------o.a
LEGEND
r:rrr1 DENOTES SCE EASEMENT
1;; . .;;;;;;..a..J APPROX. AREA = 166 SQ. FT.

P.0.8. = POINT OF BEGINNING
P.O. T. = POINT OF TERMINUS
50 0 50
--~-scale 1 "= 50'
100
I
feet
Dated lJ~. ~ 2024
APPROVED:

CITY OF PALM SPRINGS ENGINEERING SERVICES
>
~
3:
z
0 :::J
5 ~
a..
l-1.£-GAL_D_ESCR-1-Pll-ON:----------------------1 ROBERTOLLERTON,Eng~Raalumalnc. -,s:cr- SEE EXHIBIT ''A" DRA\tiN av, BT SCAU:,, .. ..,so· CPrf ~~ci:..,901 CHECl<ED BY: SM DAlE:11/20/24 SHEU ND:1 OF 1

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P404 WITH VETERANS HIGH RISK SECURITY SOLUTIONS, INC. FOR AVIATION WORKER’S SCREENING SERVICES FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Aviation Department

SUMMARY:

This action will approve C ontract Services Agreement No. 24P404 with Veterans High Risk Security Solutions, Inc. in an amount not to exceed $2,816,208 for aviation workers screening services for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24P404 (Attachment A) with Veterans High Risk Security Solutions, Inc. to provide aviation workers screening services for the Palm Springs International Airport in an amount not to exceed $2,816,208 for the initial three-year term beginning January 27, 2025, through January 26, 2028, with two one-year extension options 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 December 17, 2024, Veterans High Risk Security Solutions, Inc. is registered in the state of California.

BACKGROUND:

The Airport operates a centrally located Security Screening Checkpoint (SSCP) in the main terminal, featuring seven lanes managed by the Transportation Security Administration (TSA). Approximately 1,100 aviation workers, including airline staff, concessionaires, and City employees, are employed at the A irport. These workers Item 1L - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Award Aviation Worker’s Screening Services Agreement

undergo background and criminal history checks and are not subject to passenger screening because they are issued Security Identification Display Area (SIDA) or Area Operations Area (AOA) badges for access to Secured or Sterile areas through controlled doors that are not staffed by TSA.

In response to a nationwide TSA directive to enhance insider threat deterrence, airports are required to screen all aviation workers with access to Secured or Sterile areas. The directive outlines a phased implementation of an Airport Security Program, beginning with:
• Phase I (started September 25, 2023): Screening of aviation workers using hand wands and random searches of bags, purses, or backpacks. • Phase II (by October 25, 2024): Submission of an implementation plan for Explosive Detection Screening Equipment (EDSE), including methods, equipment, purchase dates, and operational timelines.
• Phase III (by April 26, 2026): Full implementation of EDSE To date, Phases I and II have been successfully implemented and are fully operational.

Veterans High Risk Security Solutions, Inc. will be proceeding with the implementation of Phase III by April 26, 2026, and will provide the necessary equipment to meet the EDSE implementation requirements.

On September 25, 2023, the City Council approved an Emergency Contract Services Agreement No. 23E228 with Universal Protection Service, LP dba Allied Universal Security Services (Allied Universal Security Services) for $267,074.08 for a one- year term, September 25, 2023 to September 24, 2024 to provide aviation worker and cargo screening at the Airport. This fulfilled the new TSA requirements to enhance security and deter insider threats.

On September 25, 2024, the City Council approved Amendment No. 1 to Contract Services Agreement No. 23E228 with Allied Universal Security Services to extend the Agreement term to December 31, 2024 for an additional compensation amount of $71,904.56, and for a new not to exceed amount of $338,978.64. The intent of extending the term to December 31, 2024 was to ensure that the Airport was continuing to meet the TSA requirements, and to allow the Airport the time needed to complete the RFP process and to have the City Council award a new contract.

On September 23, 2024, RFP 15- 24 for a viation workers screening services for the Airport was posted with a proposal due date of October 22, 2024 and anticipated award date of November 2024 to attempt to meet the contract expiration deadline. However, there were delays in the schedule that were due to a large number of questions that had been received from participants, and three addendums to the RFP had to be issued to extend the proposal due date to allow staff the additional time needed to consult with the City Attorney on requested contract revisions, and to consult with the City’s Risk Manger Item 1L - Page 2
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January 23, 2025 -- Page 3
Award Aviation Worker’s Screening Services Agreement

regarding requested changes to insurance requirements. On October 28, 2024, Addendum No. 4 was posted with a new tentative Projected Date of Award of Contract for January 2025.

On November 21, 2024, the City Council approved Amendment No. 2 to Contract Services Agreement No. 23E228 with Allied Universal Security Services to extend the Agreement term to February 28, 2025 for an additional compensation amount of $44,512.35, and for a new not to exceed amount of $383,490.99. The intent of extending the term to February 28, 2025 was to ensure that the Airport was continuing to meet the TSA requirements and to allow the Airport the time needed to complete the RFP process and to have the City Council award the new contract.

With the existing Agreement with Allied Universal Security Services set to expire on February 28, 2025, the Airport is proactively seeking aviation workers screening services with Veteran High Risk Security Solutions, Inc. This approach will ensure uninterrupted aviation worker s screening services as a gap in the TSA required aviation worker s screening services at the Airport puts the Airport at risk of being fined by TSA and/or TSA opening an investigation on the Airport’s compliance with TSA requirements.

STAFF ANALYSIS:

The Aviation 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. Six proposals were received by the deadline of November 4, 2024 as follows:

• Absolute International Security, Inc., Irwindale, CA
• A ll Time Alert Security, Inglewood, CA
• Citiguard, Inc., West Hills, CA
• Tarian Group, LLC, Fort Meyers, FL
• Universal Protection Service, LP dba Allied Universal Security Services, Irvine, 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 Aviation Department evaluated the proposals received against published criteria that included the firm’s experience, the staff experience, the understanding of the scope of work, local preference, price, and interviews.

The top ranked firms were then interviewed as follows:

• Absolute International Security, Inc., Irwindale, CA
• Citiguard, Inc., West Hills, CA
• Tarian Group, LLC, Fort Meyers, FL
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Award Aviation Worker’s Screening Services Agreement

• Universal Protection Service, LP dba Allied Universal Security Services, Irvine, CA (local office: Palm Desert, CA)
• Veterans High Risk Security Solutions, Inc., Palm Desert, CA

Upon completion of the interviews and combining the proposal, price and interview scores, Veterans High Risk Security Solutions, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

To remain in compliance with TSA requirements, the Airport will continue to retain the services of Allied Universal Security Services for the remainder of their contract term which is set to expire on February 28, 2025. This will ensure uninterrupted aviation workers screening services while Veterans High Risk Security Solutions, Inc. completes their training with the Airport’s Operation staff and prepares to fully and adequately assume responsibility of compliance of TSA requirements.

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 1 – Quality of Life, specifically 1B – Crime Reduction.

FISCAL IMPACT:

Sufficient funds are budgeted and available in F iscal Year 2025-26 in the Airport Fund Balance Account 4157026.40105 and will be budgeted in subsequent fiscal years.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

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

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Award Aviation Worker’s Screening Services Agreement

ATTACHMENTS:

A. Contract Services Agreement C. 24P404
B. Public Integrity Disclosure
Item 1L - Page 5

ATTACHMENT A
CONTRACT SERVICES AGREEMENT NO. 24P404
WITH VETERANS HIGH RISK SECURITY SOLUTIONS, INC.

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CONTRACT SERVICES AGREEMENT 24P404
AVIATION WORKER’S SCREENING SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 27, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Veterans High Risk Security Solutions , 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 worker’s screening services for Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide worker’s screening services for 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 S
cope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).

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

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

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 C ompensation 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 $2,816,208.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the 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.

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 A ppropriations . 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. P ERFORMANCE SCHEDULE

4.1 Ti me 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 Item 1L - Page 8

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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 P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 T
erm . Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on January 27, 2025, and ending on January 26, 2028, 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 additional one-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. CO ORDINATION OF WORK

5.1 R epresentative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: William Newberry, Vice 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 Item 1L - Page 9

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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 P rohibition 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 M anager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

N
ame: Title:

William Newberry Vice President
Jessie Barretto Project Manager
Son Hyunh Supervisor
Robert Lomeli Lead Security Officer

5.6 C alifornia Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being 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 Item 1L - Page 10

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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 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 I
ndemnification. 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.

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 Part ies 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.

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8. RECORDS AND REPORTS

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

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

8.4 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. E

NFORCEMENT OF AGREEMENT

9.1 C alifornia 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. Thi s 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, w ithout 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.

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9.3 W aiver . 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. 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 A
ction. 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. C
ITY OFFICERS AND EMPLOYEES: NON -DISCRIMINATION

10.1 No n -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, Item 1L - Page 13

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including without limitation the provision of benefits, relating to non -discrimination in city contracting.

11. M ISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or 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.

T o City: City of Palm Springs
A ttention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Veterans High Risk Security Solutions, Inc.

Attention: William Newberry
75145 Saint Charles Pl. Ste 1
Palm Desert, CA 92211

11.2 I ntegrated 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. W henever 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. E xcept 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.

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

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

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

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND VETERANS HIGH RISK SECURITY SOLUTIONS, 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. ________ Agreement No. _________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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Background:

A. The Transportation Security Administration (TSA) requires airports regulated under 49 CFR 1542 to screen aviation workers that access the SIDA or Sterile areas within airport terminals to detect unauthorized weapons, explosives, or incendiaries, as appropriate, each workday to enhance insider threat deterrence and detection.

B. The Palm Springs International Airport (PSP), which is owned and operated by the City of Palm Springs, CA, utilizes the services of a security screening contractor to carry out these requirements.

Scope:

A. R equirements

1. Contractor’s staff responsible for screening must be SIDA badged at the Airport in accordance with 49 CFR 1542.209 and must not have had a disqualifying criminal conviction for any of TSA’s list of disqualifying criminal offenses for a period of 10 years prior to application.

2. P rior to engaging in screening of aviation workers, Contractor’s staff must undergo training provided by the Airport to ensure they are familiar with the security procedures for which they will have responsibility while acting in this capacity. All training records will be retained by the Airport and the Contractor for a period of at least six months following any screener’s last assignment.

3. The Contractor must provide all equipment necessary to conduct a manual and technology-based screening of each person (including outer garments and property) entering specific Airport access portals. Physical screening will be conducted in a random nature as necessary. Initial screening technologies and techniques must be capable of detecting weapons and other items as required by the TSA on the aviation workers being screened, as well as in their property (including coats, jackets, bags, and other material being taken through a qualifying access portal(s).
a. Proposers shall indicate, with their proposal, what equipment they will be providing that meets the requirements of the TSA National Amendment 23-02 for aviation worker screening.
b. During the initial contract period when explosives detection equipment is not required by the TSA, the Contractor shall provide at a minimum TSA approved walk-through metal detectors necessary to detect metal on persons being screened. The Contractor shall provide any and all other necessary technology items that will help detect other nefarious items on a person, as might be commercially available.
c. By January 20, 2026, the Contractor will be responsible for providing the TSA-required explosives detection equipment (ETD) that is determined by the Airport to be required, and agreed upon by the Contractor, for each access portal where screening is to be conducted. This equipment will need to be purchased and maintained by the Contractor throughout

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the remaining term of the contract. The equipment will become the property of the airport at the end of the contract. The Contractor shall provide a two year warranty on all equipment.

Required Equipment:

A. Walkthrough Screening System (must select one):

1. Liberty Defense – HEXWAVE

2. Leidos – SafeView Advanced Imaging

3. Rohde and Schwarz – QPS Walk2000
B. X- Ray (must select one):

1. Smiths Detection – HI-Scan 6040-2is

2. Smiths Detection – HI-Scan 6040c

3. Leidos – PX640a DV
C. Explosives Trace Detection (must select one):

1. Smiths Detection – Ionscan 6000

2. Leidos – B220 HT

3. Leidos – H150E

d. Most access portals have limited space. Initial equipment provided should be portable so that it can be stored away from foot traffic or used at locations on any given day.
e. The Contractor must provide padded, swiveling, adjustable height stools for screeners to sit on when not conducting screening at identified access portals (and any access portals identified in the future). f. The Contractor must ensure each of its staff members are properly trained on the equipment provided, the Airport’s screening and procedural requirements, and the screening techniques used by the Contractor to ensure compliance with Federal, State, and Local laws. These records must be made available to the Airport and/or TSA, whenever requested. All training records must be retained by the Airport and the Contractor for a period of at least 6 months following any screener’s last assignment.

4. The C ontractor must be able to provide active employee screening for a minimum of 18 hours per week on a random basis using screening teams of at least three people. Screening shall be accomplished at specific qualified access point(s), as determined by the Airport, at randomly selected times and during air carrier operating hours. Air carrier operating hours will vary at different times of the calendar year. The Airport will develop a randomized schedule to fit staffing needs and TSA requirements. The Airport will have the final approval of the screening schedule, subject to TSA FSD concurrence. The Contractor shall provide all required staff. The Airport reserves the right to approve or disapprove Contractor
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staff and will monitor activities of Contractor staff via CCTV cameras and routine inspections and/or random/covert observation. Contractor’s staff shall be expected to be professional and courteous. The Airport reserves the right to force the Contractor to remove from the Airport any Contractor staff member who cannot pass the Airport’s training requirements or who do not treat other airport/aviation workers with due respect and courtesy (at the Airport’s discretion).

5. The Contractor shall provide one on-site management staff at all times when on Airport property that screening is being conducted to ensure quality of service as well as to handle any and all issues that may arise concerning its staff or the aviation worker screening process. This management staff may be working/screening staff but must be able to speak-for and represent the Contractor in any and all matters related to the resultant contract for the aviation worker screening services. A penalty of $100 per day shall apply at any time and on any day when designated management staff is not present at the Airport during aviation worker screening activities. Such penalty shall be deducted from the following month’s payment to the Contractor.

6. If an operational need requires deviating from the established random schedule, the Contractor must notify the Airport in writing and be able to still meet the minimum number of screening hours.

7. The Contractor’s screeners will be required to notify the Airport Control Center in the event a worker refuses screening and/or if an unauthorized weapon, explosive, or incendiary is discovered. This notification shall generally be accomplished via cell phone or 2-way radio (provided by the Airport).

8. During times that employee screening is not actively occurring, the Airport will require the Contractor to conduct cargo screening at random times of the day at the Vehicle Inspection Plaza (VIP).

9. During times that employee or cargo screening are not actively occurring, the Airport will require the Contractor to conduct random security patrols in and around the Public, Secured and Sterile areas of the airport.

B. D
ata Collection Requirements: The Contractor shall provide the following:

1. The total number of aviation workers screened; and

2. The total number of unauthorized weapons, explosives, and incendiaries discovered; and

3. The names and badge numbers of the Contractor’s staff conducting the screening; and

4. The data must be transmitted in writing to the Airport on a daily basis at the end of each workday in a report format.

C. O
ther Requirements

1. The Contractor shall provide distinctive and professional uniforms for its staff, as approved by the Airport. Such uniforms (including shirts, pants, belts, and Item 1L - Page 20

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medium-weight jackets) shall be comfortable, of the highest quality, and shall include appropriate company insignia and staff first name. The intent is to provide a highly professional appearance while being comfortable and protecting the wearer in areas of the terminal that are only partially climate controlled.

2. The Contractor shall provide all office materials needed to accomplish the screening, data logging, management, and administration of the services required. The Contractor may have access to the public Wi-Fi network. If additional internet access is required, the Contractor shall include such as part of the contract pricing.

D. A
irport Provided Items

1. All necessary training to meet the TSA regulatory requirements and carry out the technical security screening procedures required (except proper use of the Contractor provided equipment).

2. All necessary access to the Airport to conduct the required security screening functions (upon completion of the badging process).

3. A hand-held radio and/or phone numbers to facilitate communications with the Airport Control Center to resolve and report issues.

4. Contact information for Airport personnel overseeing the Aviation Worker Screening program.

5. Law Enforcement support to resolve issues related to the Aviation Worker Screening program.

6. A list of access points at which screening must be conducted.

7. A small room in or near the terminal where Contractor staff can put a desk and store materials. (Contractor may provide a microwave, desk, chairs, computer, printer, and other necessary administrative items). A separate break room will not be provided.

E. M
iscellaneous

1. The City reserves the right to amend the resulting contract as necessary to meet any new or modified TSA requirements for aviation worker screening if the requirements change the scope of services needed.

2. The Contractor must meet the City of Palm Springs insurance requirements during the contract period. Any additional insurance required to protect the company, or the screeners involved in the screening, shall be the responsibility of the Contractor.

3. The Contractor’s on- site employees must meet all the applicable security requirements of the Airport’s security program and pass a criminal history records check.

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4. The Contr
actor shall assess at any time during the contract as necessary, the need to protect its employees from COVID-19 or any other diseases by the use of masks, gloves, and other protection methods and shall provide any and all materials required for protection at its own cost and without any liability on the part of the City of Palm Springs or the Palm Springs International Airport.

5. The C ontr
actor may be responsible for the proper disposal of any prohibited items found during the screening process. Details of this disposal will be coordinated with the City/Airport.

6. The Cont
ractor’s operation at the Palm Springs International Airport shall be, at all times, subject to all applicable rules and regulations of the Airport (as amended from time- to-time) as well as applicable rules and regulations of the Transportation Security Administration (TSA) and Federal Aviation Administration (as may be applicable and as amended from time- to-time). At any time, if the TSA determines that aviation worker screening is no longer required, the Contractor shall cease all operations at the Airport without penalty to the City/Airport or further compensation from the City/Airport.

1.1 Schedule:

Work will commence on the date of the executed contract and all work shall be continued daily until the end of contract term. The term of this contract is for three years, with two one year
options to renew at the City's sole discretion.

1.2 War
ranty:
a. 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 one (1) year from the date of final acceptance of the product 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 said product. Where applicable, all bids shall be accompanied by a copy description of the manufacturer’s warranty for the item(s) proposed and evidence that such warranty is assignable to the City of Palm Springs or Palm Springs International Airport.

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. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

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Item 1L - Page 23
ATTACHMENT "G"
C.OST PiROPOSAL
RECU&ST FOR PROPOsAL (RFP 15•2AI
AVIATION WORl<EA'S SCRE£NING SE.R\11CES
TIUS FORM MUST BE COMPLETED AMO SUBMITTED IN SEPARATE ELECT1RONIC FILE 12 "CGstPwposal" , ruirwm, Bltc:tromlc FIi& #1, Tectmlea!Modt Propcosar~ ITEM Df:SCRIPTION UnltGf Estimated l-lour11 E&tlmeted TOTAL Measure l-loudy
Rllle
(21 Security Screeoors Hour~ H,520
{24 l'IOlilrG Jc 365 $:!US $522,972
days x 2 scie.enen)
2 ( H Onslte SeaJrily Ho rty 8,760
Supervisors (24 hours x 365 $3S90 $291i.9&4
oa.y~ ~ 1 ~ur;i,ervii;w)
&ibtotal H1 U3G
TOTAl
(Subtotal x I
3 Years) $2,459,808
ITE:M SCREENING Urnltof Estimated Annual Cost TOTAL
EQUIPMENT MeBl!UrB a111an1i1y
Equipmerit. Labor. and Lump 1 - ·-- ._.,.
1 I
Miatenlal necessa 11y to &.Im
P.1nct1ase ana Install. If I $172.200
2 Maintenanoe/Sel'\lioe Annually 2 S.10,000 $20 .000
J warranty Years 2 $20,000 $40,!Q.!L_ ,. ,-.
-.
- S.ublotal: $232,200
ITEM X-RAY EQUIPMENT Unll of Eeti!Mled Annual Cast ' TOTAL MeMUr& Quamily
1 Equrpme111, Labor, aflld Lump 1 - ''ii {l'
Mlaleria'I nere$Slill'y to &Jm } '49,522 Purct,a:se and lnslal l. - 2 Mai tenancar8e-Nice Anm.1aliy 2 $3eS 1770
3 Warranty Years 2 $4.5-54 $9,100
-
' ·-·-
J,
SIJbtOtal: $~.400
•L ~ ~-

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Item 1L - Page 24
IT M EXPLOSIVE TRAOE Unil. of Eetimaled Estbnated TiOTAL D=.TECTION 1Meas111m Quantity Rale
1 Equiprnenl labor , and
~"
-
aretrial 1necessary la Surr, !!8UJ'16 flurcl'lase and: ll"lstatl. 2 Maint@nane&/Se,,vJce Annua11y 2 $255 $5 10
3 Warr.irity Years- 2 $1 ,622 {3,244
SubtotaL $64,800
GRAND
lOTAL
(IWA1unlng $2,816,208
sorvfcu •
equipment)
Firm Na e: veterans 1-ilg'h Risk Se® Jty Solulkms
s;gnaw,..,...,.,.,,.. --d~ ~
Prinled Name:,: w: 11am ' e'llberry
Till-&: Vice Pr~e nl
Dale : 11 /2,6/24

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EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
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INSURANCE

1. P rocurement 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. M in imum Scope of Insurance. The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. C omprehensive 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_____ i
s not required;

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

3. P
rimary 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 E
rrors & Omissions Insurance is required,
and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor ’s services under this Agreement, or (2) to maintain professional liability insurance coverage Item 1L - Page 26

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with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. S ufficiency 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 A
uto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

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

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

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

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

All certificates of insurance and endorsements are to be received and approved by the City bef
ore work commences. All certificates of insurance must be authorized by a person with Item 1L - Page 27

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

8. Severability of Interests (Separation of Insureds) .

This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer

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EXHIBIT “C”

Item 1L - Page 29
AffACHMl!N.T 0 P"
ElU!CUTIVE ORDER N.a-22.0ERTIFICATIDN
REQUESfS, FOR PROFOSALS ttfP 1544)
"VfATlON WORKER'S SCREENING SERVICSS
execmw Otoar N-6-22 15'.sued by Governcr Gavln Newsom on . aroh 4. 2022. dtreclB an ·· agoodea and d partme ts that are sul)}ect Io Iha Governor's aulhDrity lo (a} terminate eny cont,, wit· an.y lndiv;ldllals or enlllles that ,are dete , ed ,o be a target of ,e(l()nomi¢ ,sancllons against Rus&la afld RUsslan entitles · ·· d Individuals: and ~b) refrain, from anlering h'lto 8f/lY new cofltracts wtlh ,SU'Oh lmUvfdua'lt or 81Ullies white the aflnm& · edi ~ons aro In effeet
Execrulive Onie N-e,.22 all!JO requlm tiiat 9111)' oomractor thlil: ,(1) ,cLlfl'8Mly has a conuad. wtth lhfl City of Palm Spmg runde.d through grattt funds _,rovMed by the St.de ·of ca~romii.r; andfor (Z), 5Ubmh e b.ld OI' pmposel or o1harwti.e l)f(IPO&U to or e ter fnto. 0r tell8W a contrad with the City of Pahl Spnngs, wlll state Qf c . forflia grarit 1uruia, certify lh , • person Is not the lafQet of say economic sanctions against Russia .and Runlan en~ttles e.-d i1¥;1Md\lals.
lhe oo~ ·' "/ certffles. SUBJECT 10 PENAL TV FOR PERJURY that a) . e C(ltilJ',adat Ts not a ~t of any etc:lPClmic stm0tlona aga .Gt Ruaa1an and Rut$1an tnfftlea and •lndl.viduala s · eussed In iExecutlv• Order N~ aoo b) the pel'80n a!onlrtg betow Is duly eu· oliled to legally bind the Cootnlclor, 'his oertlllca\lon is made umler th& law~ cl ::=~

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EXHIBIT “D”

FEDERAL AVIATION ADMINISTRATION
F

EDERAL 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 1L - Page 31

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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: 16%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) 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 1L - Page 32

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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.

R
eference: 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 P
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because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

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

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

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

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

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

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

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

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

Reference: 49 USC § 47123, FAA Order 1400.11
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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.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1L - Page 43

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FAA – 10 Davis Bacon Requirements

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

Contract Types –
Construction – all construction contracts and 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 1L - Page 44

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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 m
echanics 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 c
opy 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 1L - Page 46

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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 s
ection 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 t
han 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 Item 1L - Page 48

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

5. Compliance with Copeland Act Requirements.

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

6. Subcontracts.

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

7. Contract Termination: Debarment.

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

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

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

9. Disputes Concerning Labor Standards.

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

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 adv
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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 Item 1L - Page 57

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to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or 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;
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b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

Department of Labor, or any person to whom the Director delegates authority; c. “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 Item 1L - Page 59

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procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

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

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the 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. D
evelop on- the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and Item 1L - Page 60

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apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. E
nsure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all Item 1L - Page 61

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personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, 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.

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

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

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

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

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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.

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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
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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 1L - Page 68

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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

Item 1L - Page 69

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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
Item 1L - Page 70

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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 1L - Page 71

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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 1L - Page 72

Page 67 of 71 ends

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

REQUIREMENT -

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

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

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

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

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

The Contractor agrees it will incorporate this provision for certification without modification in all l
ower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against Item 1L - Page 73

Page 68 of 71 ends

U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

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

Reference: 49 USC § 50104, 49 CFR part 30

Item 1L - Page 74

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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 1L - Page 75

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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 1L - Page 76

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’s liability.

Item 1L - Page 77

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1L - Page 78
Item 1L - Page 79
1 Narne of Enttty

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Veterans Hiqh Risk Securitv Solutions. Inc.

2. Address of Entily (Principal Place of Business)
75'145 Saint Charles Pl. STE 1 Palm Desert, CA 92211

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

4. State where Entity is Registered with Secretary of State California
If other than Cat1tornia, is ttle Entity also registered in California? O Yes O No ••---,,-,-,v~,..,•,-•+',"' ," •"•" ' ,,.,., .. ,,,,.,~-·~-~ ""'"•·~•--·"'"'"· --·"•--·•M~ ,. "· Type of Entity 621 Corporation D Limited Liability Company O Parlnership D Trust O O!her (plea so specify) 6, Officers, Directors, /!//embers, 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 Urn member, manager·, trust, or other entity
Jessie BaO'ello i;a Officer O Director O Member Cl
Manager
(name] O General Partner [] Limited Partner
[]Other
.. ____ , .. ,__,
William Stanifer i;a Officer O Director Member OManmger [name) O General Partner [] Limited Partner
D Other
····--
. -•~• "'"~"••-•-•~•-~••a-•-••••- ,,,, •• ---• __ ,,__.,...,,.,....,w•<, Me"~~~~"••~>•--M•--•---•'<'''"'"M'"~'""">••••"' O Officer Cl Director O Mer11ber O Manager
Item 1L - Page 80
[name] O General Partner LJ Limited Partner
Other

7. Owners/Investors with a 5% beneficial Interest lh 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 entl!y]
A.

Jessie Barre!!o 60
[name of owner/investor] [percentage of beneficial Interest In entity and name of entity]
B
Will!am Stanifer 15
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

Henry Paredes 15
[name of owner/investor] [percentage of beneficial interest in entity and name of entlly)
D.

Brad Yourlsl 5
(name of owner/Investor] [percentage of beneficial Interest In entity and name of entity]
E,
Dan Youri51 5
[name of ownernnvestorj [percentage of beneficial interest In entity and name or ent!lyJ
I DECLARE: UNDER PENALTY OF PERJURY UNOER THE LAWS Of THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE ANO CORRECT.

Signature ofOiscloslng Party, Printed Name, Tille
;;-i;s Sit:-;--; 1!,arrerh,/ C.60
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.

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CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: MEMORANDUM OF UNDERSTANDING REGARDING THE

REIMBURSEMENT OF OFF-DUTY PERSONNEL AT SPECIAL EVENTS

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

Police Department personnel play an integral role in venue and traffic safety at a variety of special events. To adequately staff, facilitate and support these events, the Police Department may occasionally need to supplement staffing levels using off-duty personnel employed by allied law enforcement agencies. Similarly, other law enforcement agencies request assistance from the Police Department to augment their staffing needs.

The proposed agreement with the City of Indio establishes reimbursement costs for equipment and overtime pay for sworn peace officers, dispatchers, and community service officers that can augment staffing at festivals, concerts, parades, celebrations, social gatherings, or similar permitted events. Palm Springs Police Department and Indio Police Department staff have worked together on a regular basis for many years. This relationship ensures familiarity with and continuity of service to the City of Palm Springs during special events.

RECOMMENDATION:

1. Approve Agreement 25N002 regarding reimbursement of off-duty personnel and related equipment at special events between the City of Indio and the City of Palm Springs.

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

STAFF ANALYSIS:

On October 25, 2018, the Chiefs of Police of the Indio, Cathedral City, Desert Hot Springs, and Palm Springs Police Departments authored a letter proposing a cost reimbursement agreement for the use of off-duty personnel to augment staffing needs for special events and critical operational shortfalls. Historically, the cities billed for services rendered at the fully burdened rate. At the November 4, 2021 Council meeting, a memorandum of Item 1M - Page 1
City Council Staff Report
January 23, 2025 – Page 2
Off-Duty Personnel Reimbursement MOU

understanding between the Cities of Palm Springs and Indio regarding the reimbursement of off-duty personnel at special events was approved. The proposed agreement adjusts the administrative fees that can be charged, increasing them from 2% of the total amount to be reimbursed to 3%.

The proposed reimbursements are designed to fully reimburse the City’s costs associated with the use of off-duty personnel and equipment without paying additional administrative costs rolled into the fully burdened rate, such as PERS, which is not collected on overtime.

Reimbursement rates for equipment shall be adjusted each July 1 by the percentage increase or decrease for the preceding twelve-month period ending in May of the subject year in the Consumer Price Index for All Urban Consumers for the Riverside- San Bernardino-Ontario metro area. The city that provides off -duty personnel and/or equipment for a special event shall be paid an administrative fee equal to t hree percent (3%) of the total amount to be reimbursed.

FISCAL IMPACT
:

The City of Palm Springs, through its Police Department, will invoice the City of Indio for services rendered at the agreed upon rates for salary and equipment use. There are funds available in Police Department Account 100500 0-40105 to cover costs associated with law enforcement services rendered by the City of Indio, through their Police Department.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Scott Stiles

ATTACHMENTS:

A.) Memorandum of Understanding for Reimbursement of Off-Duty Personnel B.) October 25, 2018 Letter Regarding Proposed Reimbursement Agreement Item 1M - Page 2
ATTACHMENT "A"
Item 1M - Page 3
1 12183-0001\2382660v3 Palm Springs

MEMORANDUM OF UNDERSTANDING REGARDING THE REIMBURSEMENT OF OFF-

DUTY PERSONNEL AT SPECIAL EVENTS
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into on January ___, 2025, and is by and between the City of Palm Springs, a California charter city and the City of Indio, a California general law city, collectively referred to herein as the “Participating Agencies” or “Parties” or individually as a “Participating Agency” or “Party.”

RECITALS
A. From t ime to time, the Parties need to utilize off-duty law enforcement personnel (hereinafter “Off-Duty Personnel” as defined below) from other Participating Agencies to assist with staffing “Special Events” (as defined below) at their respective cities. The Parties desire to have a common understanding and agreement regarding reimbursement for utilizing such Off- Duty Personnel and related equipment.

B. It is the intent of this MOU to memorialize the understanding of the Parties as set forth in the October 25, 2018 letter entitled “Reimbursement for Off Duty Personnel to Augment Department Staffing Needs” signed by the Chiefs of Police of the Participating Agencies with regard to the terms and conditions upon which a requesting Party will reimburse a Participating Agency providing Off-Duty Personnel and/or equipment at Special Events.

NOW, THEREFORE, in consideration of such recitals, and the mutual promises, obligations and covenants herein contained, the Parties hereby agree as follows:

Section 1. The Parties accept the above recitals as true and correct and incorporate them herein as if they were fully restated in this Agreement.

Section 2. For the purpose of this MOU the terms set forth in this Section have the meaning ascribed herein:

A. “Act ual Overtime Rate” shall mean the rate of overtime pay for the specific rank or job classification of each Off-Duty Personnel actually paid or to be paid by the employing Participating Agency. The Parties acknowledge that the “Actual Overtime Rate” will vary among Off-Duty Personnel as well as among the Participating Agencies. For example, certain Off-Duty Personnel may receive pro-rata stipends and/or certificate pay. In such case, if the Participating Agency includes such pay as part of the Off -Duty Personnel’s overtime rate, then the Actual Overtime Rate will include such amount.

B. “Off-Dut y Personnel” shall mean sworn peace officers, dispatchers, community service officers, reserve peace officers and similar employees of a Participating Agency’s police or public safety department, that are off -duty, and are not on -call, from the Participating Agency.

C. “Special Events” shall mean any festival, concert, parade, celebration, social gathering, or similar event held, sponsored, or permitted by a Participating Agency, and any protest, demonstration, or similar occurrence within the territorial jurisdiction of a Participating Agency for which that Agency has determined the need for additional Personnel. The Parties agree that Special Events includes, without limitation, the Coachella Valley Arts and Music Festival and Stagecoach Festival.

Item 1M - Page 4
2 12183-0001\2382660v3 Palm Springs

Section 3. The Parties agree that a requesting Party may utilize the Off -Duty Personnel and equipment, to the extent available and on the terms provided herein, of a Participating Agency to augment the requesting Party’s law enforcement staffing needs at Special Events. The requesting Party shall make a written request to the other Participating Party(ies) Chief of Police describing the Special Event, the relevant date(s) and time(s), the needed services, and the number of Off -Duty Personnel and the number and type of any equipment desired together with any other pertinent information. Each Chief of Police shall respond in writing within fifteen (15) days, or within such other time as is agreed upon by the requesting and responding Parties, if the request can be accommodated. A responding Party has no obligation to accommodate a request unless, in the sole determination of the responding Party, it may feasibly do so without any undue hardship or material impact to its ability to provide public safety services within its jurisdiction. A responding Party has no obligation to compel or otherwise direct any Off-Duty Personnel to make themselves available in response to a requesting Party’s request.

Section 4. The Parties agree that each requesting Participating Agency shall reimburse the other Participating Agencies that provide Off-Duty Personnel and/or equipment at the rates set forth in the following Rate Schedule. A Participating Agency will only be reimbursed for the actual Off-Duty Personnel and equipment supplied by it and only to the extent such Off - Duty Personnel and equipment was specifically requested by the Requesting Party.

Rate Schedule
Off-Duty Personnel Actual Overtime Rate
Marked Patrol Vehicle $50.00 per day
Plain Vehicle $30.00 per day
Motorcycle $15.00 per day
Bicycle $5.00 per day
Handheld Police Radio $6.00 per day
Beginning in 2021, the reimbursement rates for equipment shall be adjusted each July 1st by the percentage increase or decrease for the preceding twelve (12) month period ending in May of the subject year in the Consumer Price Index for All Urban Consumers for the Riverside -San Bernardino-Ontario metro area, not seasonally adjusted, base period 2017 = 100, as published by the United States Department of Labor, Bureau of Labor Statistics.

In addition to making reimbursement for the cost as provided above, each requesting Party shall pay each Participating Agency that provided Off -Duty Personnel and/or equipment an administrative fee equal to three percent (3%) of the total amount to be reimbursed to that Party.

Section 5. The responding Party shall invoice the requesting Party within thirty (30) days of the Off-Duty Personnel and/or equipment being provided. The invoice shall include the names of the Off -Duty Personnel, the day(s) and hours worked, the corresponding Actual Overtime Rate and a listing of any equipment. The requesting Party shall compare the invoice with the time-sheets kept by the requesting Party for the service and shall within forty -five (45) days of receipt of the invoice either pay the invoice or, if there is a difference between the invoice Item 1M - Page 5
3 12183-0001\2382660v3 Palm Springs

and the time-sheets, the Parties through their respective Chiefs of Police shall within fifteen (15) days meet to discuss and reconcile any differences after which the requesting Party shall pay the agreed upon invoice amount to the responding Party within thirty (30) days.

Section 6. Each of the Parties is a public entity. This indemnity provision is written in contemplation of the provisions of Government Code Section 895.2, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement as defined in Government Code Section 895. In the event a court of competent jurisdiction construes this Memorandum of Understanding to be an agreement as defined in Government Code Section 895, each Party hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, assumes the full liability imposed upon it or any of its officers, agents, representatives or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, including the performance of services provided by their respective Off-Duty Personnel, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Party agrees to indemnify and hold harmless the other Party(ies) for any loss, cost, or expense, including actual attorneys’ fees that may be imposed upon or incurred by such other Party(ies) solely by virtue of Government Code Section 895.2.

Section 7. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to applicable rules of interpretation of contracts under the laws of the State of California.

Section 8. This Memorandum of Understanding may not be terminated or amended, either in whole or in part, except by mutual consent of all the Parties.

Section 9. This Memorandum of Understanding shall be governed and interpreted according to the laws of the State of California. The venue for any action or claim shall be t he County of Riverside.

Section 10. This Memorandum of Understanding may be executed in one or more identical counterparts and all such counterparts together shall constitute a single instrument for the purpose of the effectiveness of this agreement. Moreover, electronic, scanned or facsimile copies of signatures shall be accepted as valid and binding.

Section 11. Any notice required to be given to a Party shall be deemed duly given upon delivery if sent to the Participating Agency’s Chief of Police and City Manager at the address of their respective city.

Section 12. This Memorandum of Understanding represents the entire integrated agreement between the Parties, and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum of Understanding may be amended only by a written instrument signed by all of the Parties.

Section 13. In the event a dispute arises with respect to the interpretation or performance of all or any part of this Memorandum of Understanding, the Parties shall attempt in good faith to resolve the dispute. If such efforts prove unsuccessful, each Party agrees to consider the use of voluntary mediation prior to resorting to litigation. If mediation is utilized by the Parties, each Party agrees that no award or decision resulting therefrom shall include punitive damages. Should any dispute lead to litigation, the prevailing Party shall be entitled to recover from the other Party all attorneys’ fees, experts’ fees, and other costs actually incurred in Item 1M - Page 6
4 12183-0001\2382660v3 Palm Springs

connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

Executed as of the day and year first written above.

CITY OF PALM SPRINGS CITY OF INDIO

By: ________________________ By: ________________________ Scott Stiles, City Manager Bryan Montgomery, City Manager

Attest: Attest:

By: _______________________ By: ________________________ City Clerk Sabdi Sanchez, City Clerk

Approved as to form: Approved as to form:

By: ________________________ By: _______________________ City Attorney Steven P. Graham, City Attorney

Item 1M - Page 7
ATTACHMENT "B"
Item 1M - Page 8
Item 1M - Page 9
October 25, 2018
City Manager Charlie McClendon
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
City Manager Chuck Maynard
City of Desert Hot Springs
65-950 Pierson Blvd.

Desert Hot Springs, CA 92240
City Manager Mark Scott
City of Indio
100 Civic Center Mall
Indio, CA 92201
City Manager David Ready
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear City Managers McClendon, Maynard, Scott and Ready :

Subject: Reimbursement for Off-Duty Personnel to Augment Department Staffing Needs The four desert city police chiefs met recently to discuss a better mechanism of reimbursement when we use each other's off-duty personnel to augment our respective staffing needs for events and critical operational shortfalls. We propose that our cities enter into a formal memorandum of understanding, which will supersede the current system of billing at the fully-burdened rate.

The fully-burdened rate is more appropriately charged when publically funded resources are diverted to work that does not benefit the public who paid for them. In the case of police department employees working their off-duty hours, there is no such diversion.

That being said, we want to make it clear that this is for anticipated needs. We do not anticipate charging each other for emergency mutual aid needs.

The proposed reimbursements are designed to fully reimburse the employing city's costs associated with the use of off-duty personnel and equipment without paying additional administrative costs rolled into the fully-burdened rate, such as PERS, which is not collected on overtime. Accordingly, we recommend the following reimbursement arrangement:
• Personnel costs will be reimbursed at their actual overtime rate • The following equipment, if used as part of the event, will be reimbursed at a flat rate
o Marked patrol unit - $50.00 per day
o Plain vehicle - $30.00 per day
Item 1M - Page 10
o Motorcycle - $15.00 per day
o Bicycle - $5.00
o Handheld Police Radio - $6.00 per day
• A flat 2% Administrative Fee will be added to reimburse the employing agency for staff time in processing invoices and overtime payments Should the above outlined arrangements be agreeable to each of your cities, the City of Indio will take the lead in drafting the MOU for your approval.

Respectful: •~
c w~ :vis Walker
Cathedral City Police Department
68700 Ave Lalo Guerrero
Cathedral City, CA 92234
b.e. r<1CJ'll:t
Chief Dale Mondary
Desert Hot Springs Police D partment
65950 Pierson Blvd.

Desert Hot Springs, CA 92240
Chief Mike Washburn
Indio Police Department
46800 Jackson Street
Indio, CA 92201
Chief Bryan Reyes
Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92263-1830

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: APPROVE DISPLAY AGREEMENT NO. 25N010 PERMITTING THE

PALM SPRINGS AIR MUSEUM, INC TO INSTALL AND MAINTAIN A

WINGLET ART DISPLAY AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Display Agreement No. 25N010 permitting the Palm Springs Air Museum, Inc. (Air Museum) to install and maintain a Winglet Art Display (Winglet Display) at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Display Agreement No. 25N010 (Attachment A ) permitting the Palm Springs Air Museum, Inc. to install and maintain a Winglet Art Display (Attachment B) for a one-year term beginning on January 27, 2025 through January 26, 2026 at the Palm Springs International Airport.

2. Authorize the Executive Director of Aviation to ap prove the renewal of the agreement on an annual basis commencing on January 27, 2027, upon mutual agreement with the Palm Springs Air Museum.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment C) submitted on May 26, 2021, Palm Springs Air Museum, Inc. is registered as a 501(c)3 non-profit in the state of California.

BACKGROUND:

The Air Museum is a popular attraction serving the entire Coachella Valley tourism Item 1N - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Winglet Display Agreement with Palm Springs Air Museum, Inc.

industry and has been a tenant leasing property and facilities from the Airport since November 1995. The Air Museum has offered to display a Boeing Winglet Display at the Airport. The Winglet Display is currently disassembled and will be assembled in the Agua Caliente Concourse in the Airport. To display the Winglet Display in accordance with the aircraft manufacturer’s request, an overhead light will be installed by the Air Museum. The stanchions surrounding the Winglet Display will have four placards that will highlight the Airport expansion, history of the Airport, the Air Museum, and a biography of Joe Clark, inventor and long-time resident of the Coachella Valley.

Joe Clark is credited with developing the blended winglet, an innovative technology that improves aircraft performance by reducing drag and increasing fuel efficiency. His contributions earned him the Meritorious Service to Aviation Award from the National Business Aviation Association in 2015. Mr. Clark was a Living Legends of Aviation honoree, inducted in 2004 as “Aviation Entrepreneur of the Year” and in 2009 as “Lifetime Aviation Entrepreneur”. For his lifelong dedication to aviation Mr. Clark was inducted into the National Aviation Hall of Fame in the class of 2022.

Around 95% of all 737 have winglets fitted, which is the majority of passenger aircraft serving the Palm Springs Airport . Scimitar Winglets, like the one that will be on display , save the typical airline more than 45,000 gallons of jet fuel, per aircraft, per year, resulting in a corresponding reduction of carbon dioxide emissions of 476 tons per plane. The Winglet also creates improvement in low -speed performance that generates significant take-off benefits from high heat runways like the Palm Springs Airport during the summer months.

While the Airport origin goes back to 1942 as a U.S. Army aircraft transfer base, the facility continues to secure and display information and artif acts about its history. This Winglet display will highlight the aircraft that provide the backbone of the Airport’s travel presently, and a look to the future where more of these same planes will visit.

After a review of the dimensions and requirements of the Winglet Display (e.g., indoors with overhead lighting) and a walk-through of various locations at the Airport with the Vice Chair of the Air Museum on November 5th and December 10th, 2024, Airport staff determined that the east side of the vestibule of the Agua Caliente Concourse has enough space to accommodate the display (Attachment B).

On December 18, 2024, the Airport Commission voted in favor (16 -Yes and 1 -No) to recommend to the City Council t he approval of the Winglet Display Agreement with the Palm Springs Air Museum.

STAFF ANALYSIS:

The Airport currently does not have an A rt Display Policy and there is desire to connect art with the City and the greater Coachella Valley. The Display Agreement will permit the Air Museum to share with the Airport this unique aviation art display. The blended winglet Item 1N - Page 2
City Council Staff Report
January 23, 2025 -- Page 3
Winglet Display Agreement with Palm Springs Air Museum, Inc.

design is incorporated into many of the aircraft that frequent the Airport, the most common being the Boeing 737 series. The Air Museum will be required to transport, set -up, and maintain the display, which will include regular inspections and cleaning.

An analysis of the Winglet Display, the display requirements, and the Airport space it will occupy was conducted. The following is a summary of that analysis:

Pros:
• The connection to the community and benefits derived from the innovation of the winglet to aviation have been calculated in the billions of gallons of fuel saved and the significant reduction in carbon emissions in the aviation industry. • The inventor, Joe Clark, was a long-time resident of the Coachella Valley. • The Winglet Display will be in the Agua Caliente Concourse vestibule which has approximately 450,000 annual arriving and departing passengers. • The Airport’s Stay and Play Pass could be used as a tool to promote to the community the opportunity to see a unique aviation art display for free.

Cons:
• The Winglet Display will be in the Agua Caliente Concourse vestibule which will be in the sterile area of the Airport, away from the non-traveling public. • The Winglet Display is a very large art piece requiring a significant amount of space inside the airport.
•
The unique design of the Winglet Display presents a potential safety challenge for children. The PSAM will construct the necessary viewing options to ensure the exhibit is safe.

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:

N/A.

Item 1N - Page 3
City Council Staff Report
January 23, 2025 -- Page 4
Winglet Display Agreement with Palm Springs Air Museum, Inc.

FISCAL IMPACT:

Aside from electricity needed to power the overhead light above the display, no other Airport costs are expected. Installation, de-installation, cleaning and maintenance are to be provided by the Air Museum.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Display Agreement No. 25N010
B. Winglet Art Display and Location
C. Public Integrity Disclosure Form
Item 1N - Page 4

ATTACHMENT A
DISPLAY AGREEMENT NO. 25N010
Item 1N - Page 5
1 DISPLAY
AGREEMENT NO. 25N010

BETWEEN THE CITY OF PALM SPRINGS

AND PALM S
PRINGS AIR MUSEUM, INC.

FOR WINGLET DISPLAY AT

PALM SPRINGS INTERNATIONAL AIRPORT
This
Display Agreement for a Winglet Display at Palm Springs International Airport (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and PALM
SPRINGS AIR MUSEUM, INC., a California
nonprofit public benefit corporation (“PSAM”). City and PSAM are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

RECITALS
A. The City owns and operates the Palm Springs International Airport (“Airport”) located at 3400 East Tahquitz Canyon Way, Palm Springs, California 92262.

B. The City desires to permit PSAM to display a 737 NG Split Scimitar Winglet with custom US flag livery, including display stand and base (the
“Winglet Display) at the Airport.

C. City and PSAM
desire to enter into an agreement for the display of the Winglet Display on the terms and conditions as s pecified below.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the following mutual promises and considerations, the Parties agree to the following:

1. Term.

The term of this Agreement commences January 27, 2025 and ends January 26, 2026 (“Term”) unless sooner terminated
pursuant to the terms of this Agreement . Upon mutual
consent of the Parties, this Agreement may be renewed on an annual basis through approval of the Executive Director of Aviation.

2. Display.

Subject to the terms and conditions set forth in this Agreement, City agrees to permit PSAM to display the Winglet Display at the Airport during the Term. The Winglet Display shall be placed at the location as set forth in Exhibit “A,” which is attached to and incorporated with this Agreement. The location of the Winglet Display may be changed from time to time upon the mutual agreement of the Parties in writing. In the event that changing of the Winglet Display is at the request of the City, the City shall pay the costs of such location change.

3. Delivery and Return of Display.

PSAM wil
l arrange for and pay the cost of transporting and setting up the Winglet Display to the Airport. At the conclusion of the Term, PSAM will arrange for and pay the cost of removal of the Winglet Display and transporting the Winglet Display from the Airport.

Item 1N - Page 6
2 4. Use. City agrees that the Winglet Display shall be used for display purposes only and not for any other use. City will permit the display of the Winglet Display with signage recognizing that it is on loan to PSAM by Aviation Partners, Inc., as the owner of the Winglet Display, or such other similar signage recognizing the owner of the Winglet Display. In accordance with applicable laws, PSAM shall have access to the location of the Winglet Display in order to perform maintenance and repairs of the Winglet Display if necessary.

4.1 Maintenance. PSAM is required to perform regular inspections and necessary wiping of the surfaces of the Winglet Display every four (4) to six (6) months to ensure cleanliness throughout the Term. PSAM must document each maintenance visit and report to the City, detailing the activities performed, the condition of the Winglet Display, and any repairs made. PSAM must respond promptly to any additional maintenance requests or concerns about the Winglet Display’s condition as communicated by the City in writing.

5. Ownership. City acknowledges and agrees that the Winglet Display w ill be delivered to
the Airport for display purposes only, and that no ownership interest in the Winglet Display shall be transferred to City. City shall not sell, lease, encumber, transfer, assign, remove or dispose of the Winglet Display or any right, title or interest in the Winglet Display.

6. Damage. PSAM understands that the Artwork will be located during the term of this Agreement in public location that is easily accessible and remains open during normal business hours. City shall exercise the same care and respect to the Winglet Display as it does in safekeeping comparable property of its own at such locations. PSAM acknowledges and agrees that City will provide no additional security for the Winglet Display beyond the current security measures in place at City facilities. PSAM assumes the risk of any loss, theft, destruction, or damage to the Winglet Display while the Winglet Display is in its possession or control, including on display at the Airport. City shall report to PSAM any loss, theft or damage to the Winglet Display, and any condition relating to the Winglet Display which City determines to be unsafe.

7. Compliance with Laws.

City shall be responsible to ensure that the display of the Winglet Display at the Airport complies with all applicable laws and regulations.

8. Time is of the Essence.

Time is of the essence in this Agreement.

9. Assignment or Transfer Prohibited.

Neither Party may in any manner, by operation of law or otherwise, assign, hypothecate, encumber or transfer this Agreement or any of the rights, duties or obligations under this Agreement, in whole or in part, without the express, prior written consent of the other Party. Any attempted or purported assignment of any right or obligation pursuant to this Agreement by any Party, without such consent, shall be voidable at the sole discretion of the other Party and grounds for termination pursuant to terms of this Agreement.

Item 1N - Page 7
3 10. Termination.

10.1 In addition to any other rights and remedies allowed by law and this Agreement, either Party may terminate this Agreement with or without cause by giving thirty (30) calendar days prior written notice. Such termination shall be effective on the date specified in the written notice.

10.2 Unless otherwise provided in this Agreement, upon termination of this Agreement, PSAM shall promptly arrange for the removal of the Winglet Display from the Airport.

11. Alterations.

City shall not alter or otherwise modify the Winglet Display in any manner.

12. Independent Contractor.

PSAM shall act in an independent capacity and not as an officer or employee of the City.

PSAM shall have no authority to act as an agent on behalf of the City unless specifically authorized to do so in writing. Nothing contained in this Agreement shall be construed as creating a partnership or joint venture between PSAM and City or between PSAM and any other entity or party or cause City to be responsible in any way for the debts or obligations of PSAM or any other party or entity.

13. Indemnification.

To the fullest extent permitted by law, City and PSAM each hereby agree to indemnify, defend, save, and hold the other and their respective officers, agents, and employees, free and harmless from and against any claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries arising out of, pertaining to, or in any manner connected with the indemnifying party’s performance of this Agreement, or any act or omission of such indemnifying party, performed in connection with this Agr eement, , including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except to the extent of loss or damage caused by the active negligence or willful misconduct of the other Party. The obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by PSAM , the City, its elected or appointed officials, officers, employees, agents, or volunteers.

14. I
ns
urance.

14.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions of the Agreement, each Party shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance.
(a) Property Damage Insurance: Each Party s hall maintain property casualty insurance covering damage to the Winglet Display in an amount not less than $1,000,000. The form of the casualty policy shall be reasonably acceptable to the other Party.

Item 1N - Page 8
4 (b) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross- liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(c) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California if applicable.

14.2 Insurance Endorsements. PSAM shall maintain
insurance policies that contain
the following provisions, or PSAM shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(a) Commercial General Liability: (1) Additional Insured: The City , its elected and appointed officials, directors, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to "sole" liability of PSAM; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, PSAM shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, as applicable, except ten (10) days shall be allowed for non-payment of premium.
(b) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, as applicable, except ten (10) days shall be allowed for non-payment of premium.
(c) Workers’ Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City , as applicable, except ten (10) days shall be allowed for non- payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, as applicable, its elected and appointed officials, directors, officers, employees, agents, and volunteers.

Item 1N - Page 9
5 14.3 P rimary and Non-Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the other Party, its elected and appointed officials, directors, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

14.4 Waiver of Subrogation. All required insurance co
verages shall contain or be
endorsed to waiver of subrogation in favor of the other Party, its elected and appointed officials, directors, officers, employees, agents, and volunteers or shall specifically allow the City, as applicable, or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. PSAM hereby waives its own right of recovery against City.

14.5 Deductibles and Self-
Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its elected and appointed officials, directors, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

14.6 Evidence of Insurance. PSA
M, concurrently with the execution of the
Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, PSAM shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

14.7 Acceptability of Insurers.

Each such policy shall be from a company or
companies with a current A.M. Best’s rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

14.8 Enforcement of Agreement Provisions (non estoppel). Each Party acknowledges and agrees that actual or alleged failure on the part of the other Party to inform such Party of non-compliance with any requirement imposes no additional obligation on the City or PSAM, as applicable, nor does it waive any rights hereunder.

Item 1N - Page 10
6 14.9 Re quirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

14.10 Additional Insurance Provisions.
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by PSAM , and any approval of said insurance by the City , as applicable, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by PSAM pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required to be maintained by PSAM under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by PSAM. In the alternative, City may cancel this Agreement. (c) City may require the PSAM to provide complete copies of all insurance policies in effect for the duration of the Agreement. None of either Party’s elected and appointed officials, directors, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (d) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve PSAM from liability in excess of such coverage, and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(e) PSAM shall report to the City, in addition to PSAM’s insurer, any and all insurance claims submitted by PSAM in connection with this Agreement.

15. Conformance with Rules and Regulations.

PSAM agrees to abide by any and all:

15.1 Applicable rules, regulations, resolutions, policies, codes, orders and restrictions which are now in force or which may be hereafter adopted by the City with respect to operation of the Airport;

15.2 Orders, directives, or conditions issued, given or imposed by the City Manager with respect to the use and operation of the Airport;

15.3 Applicable laws, ordinances, statutes, rules, regulations, or orders of any federal, state, county, municipal or other governmental entity, exercising jurisdiction over the Airport;

15.4 PSAM acknowledges that it has reviewed and accepts the Security (TSA) Information posted on the Airport’s website at https://flypsp.com/security-tsa-information/. If Item 1N - Page 11
7 TSA imposes a fine or penalty on the City for PSAM’s non-compliance with federal laws and or TSA rules and regulations in connection with this Agreement, then PSAM shall reimburse the City for the entire amount of the fine or penalty.

16. Entire Understanding.

This Agreement contains the entire agreement of the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties regarding this Agreement. PSAM acknowledges that there is no other written or oral understanding between the Parties. No modification, amendment, or alteration of this Agreement shall be valid unless it is in writing and signed by all Parties

17. Partial Invalidity.

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect, and shall in no way be affected, impaired or invalidated.

18. Notices.

Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (a) by personal delivery on the date that personal delivery is accomplished; (b) by overnight courier upon the date of signature verification of receipt; or (c) by certified or registered mail, return receipt requested, upon signature verification of receipt. Notice shall be sent to the addresses set forth below, or such other address as either party may specify in writing:

If to City, to: City Manager, City of Palm Springs
City Hall, 3200 East Tahquitz Canyon Way
Palm Springs, CA 92262

If to PSAM: Fred Bell, Vice Chairman
745 N Gene Autry Trail
Palm Springs, California, 92262

19. Joint and Several Liability.

If PSAM is a limited liability company, partnership, or joint venture or is an entity comprised of more than one party or entity, the obligation imposed on PSAM under this Agreement shall be joint and several, and each member, general partner, joint venturer, party or entity of PSAM shall be jointly and severally liable for all obligations.

20. Waiver.

Waiver by either party of any breach by the other party of any one or more of the terms or conditions of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term or condition of this Agreement. Failure on the part of either Item 1N - Page 12
8 party to require full and complete compliance by the other party with any of the terms or conditions of this Agreement shall not be construed as changing the terms or conditions or preventing full enforcement of other provisions to this Agreement.

21. Attorney Fees.

If any party to this Agreement brings an action or claim for breach of any provision of this Agreement, the prevailing party shall be entitled to reimbursement for all reasonably incurred litigation costs including, but not limited to, attorney fees.

22. Airport Security.

PSAM acknowledges that security is of primary importance at the Airport, and that security requirements may change during the term of this Agreement. PSAM shall at all times comply with all federal, state, and local security laws, regulations, policies, requirements and directives whether written or verbal, including, without limitation, 49 CFR Part 1542 “Airport Security” or any amendment or successor thereto, and PSAM will work cooperatively with City in connection with the same. PSAM understands and agrees that the same may impact PSAM’s business operations and costs. PSAM further agrees that it shall be strictly liable for the payment of any civil penalties assessed against City or PSAM relating to security, and shall be solely and fully responsible for any and all breaches of security in connection with this Agreement and the consequences thereof resulting from the negligence or intentional acts of omission or commission of its officers, employees, representatives, agents, consultants, contractors, successors and assigns. If necessary in connection with the display of the Winglet Display, PSAM shall obtain an identification badge necessary for security clearance for access to the Airport terminal and screening of equipment, materials, and supplies. PSAM shall bear all costs associated with securing such badges, clearances, and screenings. Alternatively, PSAM may choose to have a designated escort (possessing current badging credentials) present throughout the entirety of any period of access to the Airport if required by applicable laws and regulations.

Any fees associated with badging, clearance, screening, or designated escort services shall be in accordance with the Airport’s current fee schedule.

23. FAA Subordination.

This Agreement shall be subordinate to the provisions of any existing or future agreements between City and the United States Government relating to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal funds for the development of the Airport to the extent that the provisions of any such existing or future agreements are generally required by the United States at other civil air carrier airports receiving federal funds.

24. Federal Provisions.

During the performance of this contract, PSAM agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

24.1 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); Item 1N - Page 13
9 24.2 49 CFR part 21 (Nondiscrimination in Federally assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964);

24.3 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);

24.4 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;

24.5 The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

24.6 Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

24.7 The Civil Rights Restoration Act of 1987 (PL 100 209) (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);

24.8 Titles II and III of the Americans with Disabilities Act of 1990, which 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 (42 USC §§ 12131 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

24.9 The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

24.10 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with 20 disproportionately high and adverse human health or environmental effects on minority and low income populations;

24.11 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

24.12 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).

25. Force Majeure.

Item 1N - Page 14
10 Any prevention, delay or stoppage of performance of the PSAM’s or City’s obligations hereunder due to strikes, lockouts, labor disputes, acts of God, governmental restrictions, governmental controls, governmental regulations, enemy or hostile government action, fire or other casualty, or any other cause beyond the reasonable control of the PSAM or City shall not be deemed to be a breach of the Agreement or a violation of or failure to perform any covenants hereof. If such an event does not abate within sixty (60) days, either party shall have the right to terminate this agreement without liability or obligation to the other.

26. Governing Law and Venue.

This Agreement shall be governed by the laws of the State of California and venue shall be in Riverside County, California.

27. Integrated Agreement.

No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties.

28. Section Headings.

Section headings in this Agreement are for convenience in reference and do not define or limit the scope of any provision.

29. Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.

The Parties further agree that an electronic signature shall be treated as if it were an original signature and neither Party shall contest the validity of this Agreement based on the use of electronic signatures.

30. Signatures.

It is an express condition of this Agreement that it shall not be complete or effective until signed by City and by PSAM. Each of the persons signing below on behalf of any party hereby represents and warrants that s/he or it is signing with full and complete authority to bind the party on whose behalf of whom s/he or it is signing, to each and every term of this Agreement. [Signatures on following page]
Item 1N - Page 15
11 IN WITNESS WHEREOF, the Parties have signed this Agreement as follows:

PALM SPRINGS AIR MUSEUM, INC.

By: _________________________________
N
ame: Fred Bell, Vice Chairman
CITY OF PALM SPRINGS:

By: _________________________________

City Manager
APPROVED AS TO FORM:

By: ______________________________

City Attorney
ATTEST:
____________________________________
City
Clerk
Item 1N - Page 16
12 EXHIBIT “A”

LOCATION OF DISPLAY
Item 1N - Page 17
EXH
IBIT A
13 Item 1N - Page 18
LOCATION OF DISPLAY - Located within the newly named Agua Caliente Concourse (11/2024), formerly known as the Regional Jet Concourse. The winglet display will be staged in the northeast vestibule entrance of the concourse.

EXH
IBIT A
14 AGUA CALIENTE CONCOURSE VESTIBULE
10’-0”
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D = 108” (9’)
E = 3.25” (.27’)
F = est. 120” (10’)
Palm Springs Air Museum – Boeing Winglet Display
Item 1N - Page 20

ATTACHMENT B

WINGLET ART DISPLAY AND LOCATION
Item 1N - Page 21

A
B
C
D
E F
A = 189” (15.75’)
B = 49” (4.08’)
C = 32” (2.67’)
D = 108” (9’)
E = 3.25” (.27’)
F = est. 120” (10’)

Palm Springs Air Museum – Boeing Winglet Display
Item 1N - Page 22

Item 1N - Page 23
LOCATION OF DISPLAY - Located within the newly named Agua Caliente Concourse (11/2024), formerly known as the Regional Jet Concourse. The winglet display will be staged in the northeast vestibule entrance of the concourse.

AGUA CALIENTE CONCOURSE VESTIBULE

10’-0”
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ATTACHMENT C

PUBLIC INTEGRITY DISCLOSURE FORM
Item 1N - Page 25

1. 2.

3. 4.

Name of Entity
?itl� �,
Addresso
\JO{

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
rinciple Place of Business)
� ��m-.,,
Local or California Address (if ifferent th #2)
State where Entity is Registered with Secretary of State CA-\ i ti,, Mo'--
If other than Cali istered in California? Yes No

6. Officers, Directors, Members, Mana ers, 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 ----'04-"-h .... ".'.\_.__{p=-· ... ��--'----'----"-------� 0 Director O Member O Manager [name]
D General Partner D Limited Partner
□Other ____________ _
---�-=--:Jd---'�-¼....:. __ Q....::_e::::Q--=o... ________ �cer D Director D Member D Manager [name]
O General Partner O Limited Partner
□Other ____________ _
_ --1-�-=-•_l.:....\-=---�::.__:/j�t{.-=-�----':....._ _______ [3-(Sificer O Director O Member O Manager (Revised 09 13 18)
[name]
D General Partner O Limited Partner
□Other ____________ _

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1N - Page 26
..
l--

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

EXAMPLE

JANE DOE
[name of owner/investor]
A.
[name of owner/investor]
B.

C.
[name o
D.

E.
50%, ABC COMPANY, Inc.
[percentage of
g f beneficial interest in entity
i:i name of entity)
(percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[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.
s;gn
�
of · os;ng 7• �;.d,7f;J&
Viu eJJe .... ---
Date
(Revised 0913.18)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Item 1N - Page 27
[name of owner/investor] '
... • &
•
Name
Board Officers
Dan Gilbertson,
Fred Bell
William L Bramer
Board Directors
Dick Shalhoub
Robert Gilliland
Fred W. Noble,
Gary Annunziata/D.0.

William Hughes
William Page/M.D
Frank Castner
Mort Gubin/M.D.

Todd Hooks
Kenny Holley
Polly Pond Holley
Fred E. Jandt P.H.D.

Andy Jessup Sr.

James Kaplan
Karen Miles
Richard Oliphant
John Parker
Carl Scholl
David Thompson D.D.S.

Rod Vandenbos
Martin Garrick
Bill Rutherford
Victor Wolf
Chairman
Vice Chair/Managing Director
Secretary fr reasu rer
Board Director
Board Di rector
Board Director
Board Director
Board Director
Board Director
Board Director
Soard Director
Board Director
Board Director
Soard Director
Board Director
Soard Director
Soard Director
Soard Director
Board Director
Board Director
Board Director
Board Director
Soard Director
Soard Di rector
Board Director
Soard Director
Affiliation
Retired/Oil & Gas Industry
Chief Operating Officer, Nobel! Energy Solutions
Retired/Business Analyst
Owner, McDonalds Franchise, Riverside County
Partner, Gurallnck & Gilliland LLP
President, Wintec Energy
DGC Digestive Health
Retired, Steel Manufacturing
Retired, Medical Doctor
Retired, Educator, Palm Springs Unifieds School District Retired, Medical Doctor
Economic Development Director, Agua Caliente Band of Cahuilla Indians Retired Founder, Advance Machine
Retired Founder, Advance Machine
Retired Educator, Cal State San Bernardino
Owner , General Motors Dealership, Coachella Valley
Owner , Harlan Tug
Captain. USAF Ret.

Principal, Oliphant Enterprises
Engineer, Boeing Aircraft Corporation
Owner, Aero Trader
Retired Dentist
Principal, Buzz Box Inc.

Principal, Admiral Development
Principal, Rutherford Investments
Attorney, Best Best & Krieger
Item 1N - Page 28
TitJe

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT

APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER

THE CALHOME PROGRAM

FROM: Scott C. Stiles, City Manager

BY: Department of Housing and Community Development

SUMMARY:

This action requests City Council to approve a resolution authorizing the grant application, acceptance, and execution of grant funds from the California State Department of Housing and Community Development for funding a rehabilitation program in the Santiago Sunrise Village Mobile Home Park under the CalHome program.

RECOMMENDATION:

1. Adopt Resolution No ._____, “HEREBY AUTHORIZES THE SUBMITTAL OF AN

APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME
PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY

RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM.”

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

STAFF ANALYSIS:

The California Department of Housing and Community Development (HCD) recently announced the availability of funds through the CalHome Program, which aims to support housing stability for low- and very low-income households. The City of Palm Springs plans to submit an application to use these funds for an Owner-Occupied Rehabilitation Program, specifically targeting residents of the Santiago Sunrise Village Mobile Home Park. This program would provide critical financial assistance to eligible homeowners for necessary repair or possible replacement of their mobile home, enhancing the safety, Item 1O - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
CalHome Grant Application and Resolution

habitability, and energy efficiency of their homes.

This initiative aligns with the City’s ongoing efforts to preserve affordable housing stock and improve the quality of life for vulnerable residents. By adopting a resolution authorizing the grant application, the City ensures compliance with HCD requireme nts, positioning itself to secure current and future funding opportunities under the CalHome Program.

FISCAL IMPACT:

If awarded, the City would receive up to $5,000,000 in grant funds from the CalHome Program.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. CalHome Grant Resolution
Item 1O - Page 2

ATTACHMENT A

RESOLUTION NO: _____
City Council of the City of Palm Springs

HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD

AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM.

WHEREAS:

A. The City of Palm Springs wishes to apply for and receive an allocation of funds through the CalHome Program; and

B. The California Department of Housing and Community Development (hereinafter referred to as “HCD”) has issued a Notice of Funding Availability (“NOFA”) on December 12, 2024 for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the “statute”).

Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and

C. The City of Palm Springs wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of $5,000,000.00.

IT IS NOW THEREFORE RESOLVED THAT:

1. The City of Palm Springs shall submit to HCD an application to participate in the CalHome Program in response to the Homeownership NOFA issued on December 12, 2024 which will request a funding allocation of $5,000,000.00 for implementation of an Owner-Occupied Rehabilitation Program to assist approximately 33 units located in Santiago Sunrise Village mobile home park.

2. If the application for funding is approved, the City of Palm Springs hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. The application in full is incorporated as part of the Standard Agreement
. Any and all activities funded, information
Item 1O - Page 3
provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of Palm Springs acknowledges and agrees that it may be required to execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.

3. The City of Palm Springs authorizes the City Manager, to execute in the name of the City of Palm Springs, the application, the Standard Agreements, and any subsequent amendments or modifications thereto, as well as any other documents required by HCD for participation in the CalHome Program, and any amendments thereto.

ADOPTED THIS 23RD DAY OF JANUARY, 2025.

SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 1O - Page 4

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Brenda Pree, City Clerk
City of Palm Springs, California

Item 1O - Page 5

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: A PPROVAL OF AN ADMINISTRATIVE SERVICES AGREEMENT FOR COUNTY SERVICE AREA 152 NATIONAL POLLUTANT DISCHARGE

ELIMINATION PROGRAM

FROM: Scott C. Stiles, City Manager

BY: Department of Finance and Treasury

SUMMARY:

The City and Riverside County first entered into an administrative services agreement for the County Service Area 152 (“CSA 152”) for the National Pollutant Discharge Elimination System (“NPDES”) on August 3, 1994 (Agreement No. 3349). The current agreement with the County expires July 26, 2026, and must be replaced with a new agreement with a five (5) year term to continue the County’s levy of special assessments for the CSA 152 Fund.

RECOMMENDATION:

1. Approve Administrative Services Agreement No. _____ ( Attachment A ) for County Service Area 152 (“CSA 152”) for the National Pollutant Discharge Elimination System (“NPDES”) Program between Riverside County and the City of Palm Springs; and

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

STAFF ANALYSIS:

The NPDES Program is a federally mandated program to control non- point sources of runoff pollution. In 1972, the Federal Water Pollution Control Act (“Clean Water Act” or “CWA”) was amended to provide that discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with a NPDES Permit. The Clean Water Act was amended in 1987 to establish a framework for regulating municipal and industrial stormwater discharges under the NPDES Program. In 1997, the City adopted Chapter 8.70 of the Municipal Code which incorporates regulations of the NPDES Program.

Item 1P - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Administrative Services Agreement for CSA 152 NPDES Program

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man- made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal and other facilities must obtain permits if their discharges go directly to surface waters.

The CWA establishes requirements for the discharge of urban runoff from the Municipal Separate Storm Sewer System ("MS4") under the NPDES program. The Colorado River Basin Regional Water Quality Control Board ("RWQCB") issued Permit Order No. R7- 2013-0011 to authorize the discharge of urban runoff from within the City on June 20, 2013. The permit regulates the operation and maintenance of the City's Municipal Separate Storm Sewer System (or "MS4" - the system of streets and storm drainage systems that conve y storm water runoff to the various waters of the U.S., including the Tahquitz Creek, Palm Canyon Wash, and Whitewater River). The NPDES permit regulates the discharge of pollutants in urban stormwater runoff generated from development projects, and from existing industrial facilities, restaurants, and commercial sites. The goal of the NPDES permit is to prevent polluted runoff generated on public or private properties from passing directly to the MS4 and thereby polluting the waters of the U.S.

The NPDES permit requires the City to inspect construction sites, industrial facilities, restaurants and commercial sites. Inspection frequency is based on various factors, such as: the type of business and activities; the types of potential pollutants present; whether the business is in significant non- compliance and proximity to impacted waters.

Businesses are assigned to a high, medium or low priority inspection based on the Standard Industrial Code (SIC). Businesses that are classified as high priority must be inspected annually, medium priority businesses once every two years and low priority businesses once every five years.

Examples of polluted stormwater runoff that are to be prevented through the City's NPDES inspection program are shown in the following photos. The examples identify erosion and sediment pollution caused by an active construction site ( Photo 1); oils and polluted
contaminants in a drainage gutter ( Photo 2 ); leaking fluids from stored equipment (Photo 3); and leaking toxic chemicals and other pollutants from a commercial trash enclosure (Photo 4).

Item 1P - Page 2
City Council Staff Report
January 23, 2025 -- Page 3
Administrative Services Agreement for CSA 152 NPDES Program

Photo 1 Photo 2

Photo 3 Photo 4

Riverside County originally formed CSA 152 to finance a portion of its programs and obligations associated with its NPDES Permit. The City annexed into CSA 152 in 1993, to allow for the levy of special assessments to offset the City's costs related to administering the NPDES Program. The Administrative Services Agreement with Riverside County facilitates the County's administration of the NPDES Program on the City's behalf, to be offset by the special assessments collected in CSA 152. The special assessment rate in Palm Springs is $9.50 annually per Benefit Assessment Unit ("BAU").

Item 1P - Page 3
City Council Staff Report
January 23, 2025 -- Page 4
Administrative Services Agreement for CSA 152 NPDES Program

The BAU is defined as a single- family home on a 7,200 square feet (1/6 acre) lot. The agreement with Riverside County restates the formalities between the City and County in administering the NPDES Program and using the CSA 152 special assessments for that purpose.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the City Council identified major theme/principle of Forward-Thinking Governance, as well as Priority 1, Quality of Life.

FISCAL IMPACT:

The five (5) year agreement with Riverside County will allow the City to continue to collect the $9.50 assessment annually, upon City Council approval annually, in order to implement the programs associated with the National Pollutant Discharge Elimination System for the City of Palm Springs.

REVIEWED BY:

Department Director: Kristopher J. Mooney
City Engineer: Joel Montalvo
City Manager: Scott Stiles

ATTACHMENTS:

A. Administrative Services Agreement
Item 1P - Page 4
AT

TACHMENT A
Item 1P - Page 5

Page 1 of 5 ends

Palm Springs City CouncilJanuary 23, 2025

Palm Springs City Council
January 23, 2025